Acts and resolutions of the General Assembly of the state of Georgia 1953 January -- February 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 HAPEVILLE: LONGINO PORTER, INC. 19530000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1953 JANUARYFEBRUARY SESSION 19530000 Compiled and Published by Authority of the State

PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

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Compiler's Note To speed publication, the Acts and Resolutions of the 1953 January-February session were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one series beginning at page 1 and running through page 647. Local and special Acts and Resolutions were grouped in one series beginning at page 2000. There are no intervening pages between 647 and 2000. The index is in two parts: a broad tabular index which attempts to supply some of the advantages to the user that might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1953 JANUARYFEBRUARY SESSION BUST OF ALEXANDER H. STEPHENSCOMMITTEE. No. 1 (House Resolution No. 14-60a). A Resolution. Whereas, under authority of the legislature the bust of Alexander H. Stephens will be presented with proper ceremonies to the State of Virginia in Richmond, Virginia, in the month of February 1953. And whereas the State of Georgia should be adequately represented at this presentation. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that a committee of three members from the House and two from the Senate be appointed by the President and Speaker respectively to take part in the ceremonies of presentation

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in Richmond, Virginia. Be it further resolved that the following named persons are appointed as aides to the committee, Mrs. Forrest Kibler of Atlanta, Mrs. Max S. Flynt of Decatur, Mrs. L. Cary Bittick of Forsyth, Mrs. Edgar M. Lancaster of Shady Dale and Mrs. C. Robert Walker of Griffin. The above named aides shall be paid their actual expenses to attend the ceremonies within the limitations of existing law. Be it further resolved that the traveling expenses of the committee and aides to Richmond, Virginia, shall be paid by the State Treasurer out of legislative appropriation. Approved February 2, 1953. USELESS PUBLIC RECORDS No. 7 (House Bill No. 4). An Act to amend an Act approved March 18, 1943, (Ga. Laws 1943, p. 458-470), known as the Destruction of the Useless Public Records Act by amending Section 2 of said Act to provide that such records may be destroyed which are at least four (4) years old, instead of seven (7) years, as now provided in said Act. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. That Section 2 of the Act of the General Assembly of Georgia, approved March 18, 1943, be amended by striking the last three words of said section, seven years old and inserting in lieu thereof the words four years old so that said section, as amended, shall read as follows:

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Be it further enacted by the authority aforesaid that any head of a department of State charged by law with the custody of any such records may destroy the same upon his own responsibility, provided he first causes microfilms of the same to be made, capable of development into photostat copies, and such photostat copies shall be received in any court in this State as primary evidence of the recitals contained therein. Provided no records shall be so destroyed which are not at least four (4) years old. Destruction, when. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 3, 1953. MINES, MINING AND GEOLOGY DEPARTMENTPROSPECTING FOR WATER SUPPLIES. No. 8 (House Bill No. 15). An Act to further define the powers and duties of the Department of Mines, Mining, and Geology; to empower the department to prospect for water supplies; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That in addition to the powers conferred upon it by existing law, the Department of Mines, Mining and Geology of the State of Georgia may, whenever directed so to do by the Governor, prospect for underground water supplies at such places in the State as the Governor may direct. In so doing, the department may drill wells, make borings and soundings, and do and perform such other acts as may be necessary in determining the location and existence of underground water supplies for public or industrial uses, including the acquisition of sites for drilling operations. Prospecting.

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Section 2. The department shall keep full records of all its findings, including full information as to geological formations encountered in drilling operations, and shall, in addition to keeping such records, file copies of the same with the Division of Conservation, and with the Secretary of State. The department may also file copies of such records with the proper bureau or department of the United States, and may accept any available Federal grant for use in carrying on the work authorized by this Act. Reports. Federal grants. Section 3. The department may use, for the purposes authorized by this Act, such funds as may be from time to time appropriated or allocated therefor. Funds. Section 4. If the department, in carrying out the provisions of this Act, shall encounter water in sufficient quantities to be useful to any municipality or county in furnishing water to its inhabitants, the department may contract with such municipality for the use of such water, and, in so doing, may sell or lease any such well or water supply: Provided, that no such lease shall be for longer than thirty years. And such contract, whether in the form of a lease contract or sale, shall be subject to approval as to form by the Attorney-General. Leases. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1953. INCOME TAXMEMBERS OF ARMED FORCES. No. 9 (House Bill No. 22). An Act to ratify, approve and confirm the executive order of the Governor suspending the collection of income tax on the compensation, not to exceed the sum of $1500 for any one calendar year, received by any person for services as a member of the armed forces

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of the United States during any portion of the calendar years 1950, 1951 or 1952; to remit, cancel and annul all such taxes accruing since December 31, 1949 or while said order is effective or during the regular session of the General Assembly in 1953; 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 executive order of the Governor, dated March 26, 1952, suspending the collection of income taxes on compensation not to exceed the sum of $1500 for any one calendar year, received by any person for services as a member of the armed forces of the United States during any portion of the calendar years 1950, 1951 or 1952 required to be paid under the Georgia Income Tax Act as amended and approved February 15, 1952, be and the same is hereby ratified, approved and confirmed. Executive order confirmed. Section 2. That all income taxes which have accrued under said Act as amended since December 31, 1949 or may hereafter accrue under the deductions set forth in said order of the Governor and while said order is effective and/or during the regular session of the General Assembly in 1953 be and the same are hereby remitted, cancelled and annulled. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1953. CORPORATION INCOME TAX. No. 10 (House Bill No. 23). An Act to ratify, approve and confirm the executive order of the Governor suspending the collection of a corporation's income tax which would be due by a

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corporation because of a failure to provide a corporation the same deductions from gross income of fifty per centum of the excess of a net long term capital gain over a net short term capital loss as is granted an individual; to remit, cancel and annul all such taxes accruing since February 15, 1952 or while said order is effective or during the regular session of the General Assembly in 1953; 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 as follows: Section 1. That the executive order of the Governor, dated May 20, 1952, as amended January 6, 1953, suspending the collection of income tax on corporations which is due by a failure to provide corporations the deduction from gross income of fifty per centum of the excess of net long term capital gain over a net short term capital loss as is provided an individual, required to be paid under the Georgia Income Tax Act as amended by Georgia Laws approved February 15, 1952, be and the same is hereby ratified, approved and confirmed. Executive order confirmed. Section 2. That all corporation income taxes which have accrued under said Act as amended since February 15, 1952 or may hereafter accrue by failure to provide the same deduction for a corporation as is provided for an individual as provided in said order of the Governor and while said order is effective and/or during the regular session of the General Assembly in 1953, be and the same are hereby remitted, cancelled and annulled. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 3, 1953.

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SALES TAX ON SCHOOL LUNCHES, ETC. No. 13 (House Bill No. 12). An Act to ratify, approve and confirm the executive orders of the Governor suspending the collection of retailers' and consumers' sales and use taxes on school lunches sold and served to pupils and employees of public schools; and on State banks in Georgia where it is determined that National banks enjoy an immunity from such taxes; and on any religious papers in Georgia owned and operated by religious institutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person; and on the transportation of tangible personal property, including charges made for accessorial charges (such as refrigeration, switching, storage, and demurrage) made in connection with the interstate and intrastate transportation of such property; to remit, cancel and annul all such taxes accruing since February 6, 1952 as concerns school lunches, State banks and religious papers and since April 1, 1952 as concerns transportation of tangible personal property, or while said orders are effective or during the regular session of the General Assembly in 1953; 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 as follows: Section 1. That the executive orders of the Governor, dated February 26, 1952 and March 4, 1952, as amended on March 31, 1952, suspending the collection of retailers' and consumers' sales and use taxes on school lunches sold and served to pupils and employees of public schools; and on State banks in Georgia where it is determined that National banks enjoy an immunity from such taxes; and on any religious papers in Georgia owned and operated by religious institutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person; and on

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the transportation of tangible personal property, including charges made for accessorial charges (such as refrigeration, switching, storage and demurrage) made in connection with the interstate and intrastate transportation of such property, required to be paid under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951, be and the same are hereby ratified, approved, and confirmed. Executive order confirmed. Section 2. That all retailers' and consumers' sales and use taxes which have accrued under said Act since February 6, 1952, as concerns school lunches, State banks and religious papers, and since April 1, 1952 as concerns transportation of tangible personal property, or may hereafter accrue, on the items set forth in said orders of the Governor and while said orders are effective and/or during the regular session of the General Assembly in 1953, be and the same are hereby remitted, cancelled and annulled. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 3, 1953. HOUSE OF REPRESENTATIVESAPPORTIONMENT OF MEMBERS. Code 47-101 Amended. No. 14 (House Bill No. 1). An Act to amend Section 47-101 of the Code of Georgia of 1933, which section relates to apportionment of the House of Representatives among the several counties, as amended, so as to re-apportion the members of the House of Representatives among the several counties according to the last census of the United States; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 47-101 of the Code of Georgia of 1933, which section relates to the apportionment of members of the House of Representatives among the several counties, as amended, is hereby amended by striking said section in its entirety so as to remove Washington County from the list of counties having two members and place Meriwether County therein, and so as to change the position of Clayton County in the order of enumeration so that said county shall appear following Burke County and before Tift County in the order of enumeration, so that said section when so amended shall read as follows: Code 47-101 amended. The membership of the House of Representatives shall be as follows: `Three members each from the Counties of Fulton, Chatham, DeKalb, Muscogee, Bibb, Richmond, Floyd and Cobb; two members each from the Counties of Troup, Dougherty, Hall, Walker, Clarke, Lowndes, Whitfield, Carroll, Colquitt, Thomas, Laurens, Gwinnett, Spalding, Polk, Ware, Baldwin, Glynn, Coweta, Bartow, Upson, Bulloch, Sumter, Coffee, Decatur, Burke, Clayton, Tift, Mitchell, Chattooga, and Meriwether; and one member each from each of the other counties of the State.' Apportionment of members. Section 1-A. This Act shall not be effective until the general election to be held in 1954 and the membership of the House of Representatives shall be elected therein in accordance with this Act. Effective date. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 3, 1953.

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MUSCOGEE SUPERIOR COURT REPORTER. No. 24 (House Bill No. 81). 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 for the Superior Court of Muscogee County, Georgia, shall be paid by said Muscogee County, the sum of ($325.00) three hundred twenty-five dollars 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 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. Compensation for felony cases. 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.

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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 1953, for the passage of a bill entitled as follows: A bill to 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 23rd day of December, 1952. /s/ J. Alvan Davis, J. Alvan Davis, 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 certifies 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 and attached notice was duly published in said paper once a week for three weeks, to wit, on December 26, 1952, January 2, 1953 and January 9, 1953. /s/ Maynard R. Ashworth. Sworn to and subscribed before me, this the 10th day of January, 1953. /s/ Eugenia B. Watson, Notary Public, Muscogee County, Georgia. (Seal). Approved February 4, 1953.

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CATTLE STEALINGPUNISHMENT. Code 26-2609 Amended. No. 42 (Senate Bill No. 12). An Act to amend Section 26-2609 of the Code of Georgia of 1933, relating to the punishment for cattle stealing, so as to increase said punishment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 26-2609 of the Code of Georgia of 1933, relating to the punishment for cattle stealing, is hereby amended by striking the words not less than two nor more than four years and inserting in lieu thereof the words for not less than four nor more than ten years, so that said section when so amended shall read as follows: The stealing of one or more animals falling under the above description of cattle shall be punished by imprisonment in the penitentiary for not less than four nor more than ten years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 5, 1953. COUNTY PUBLIC WORKS CAMPS. No. 51 (House Bill No. 63). An Act to amend an Act creating the State Board of Corrections, approved February 1, 1946 (Ga. Laws 1946, p. 46), as amended, so as to provide for the procedure for the establishment of county public

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works camps and the receiving and withdrawal of prisoners therefrom; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create and provide for a State Board of Corrections to be composed of five members to be appointed by the Governor; to provide for terms of members thereof and for compensation of the members; to provide for the appointment of a Director of Corrections; to define the jurisdiction, powers and duties of the State Board of Corrections over State penal institutions and county public works camps, and State Highway camps; to provide that said board shall have control of the State penal system and the inmates thereof; to provide for the selection of the Director of Corrections and to define his rights, powers and duties; to authorize and direct certain penal reforms; to provide for transportation of certain prisoners and the cost thereof; to repeal an Act approved October 6, 1943, creating a State Department of Corrections (Acts, Extra Session, 1943, pp. 2-5); to provide that the provisions of this Act are severable; to repeal conflicting laws; and for other purposes, approved February 1, 1946 (Ga. Laws 1946, p. 46), as amended, is hereby amended by striking Section 13, relating to the establishment of county public works camps, and inserting in lieu thereof a new section to read as follows: Section 13. Each county establishing a county public works camp meeting the requirements of the State Board of Corrections shall have such camp approved by the board and shall receive a quota of prisoners in accordance with such methods of apportionment as may be established by the State Board of Corrections. The State Board of Corrections is hereby given the authority to withdraw all prisoners from any camp which does not meet the requirements of the board. The State Board of Corrections shall have the authority to cause persons convicted in one county to serve in any other county of

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the State, and any county shall have the right, with the approval of the State Board of Corrections, to deliver its quota of felony and misdemeanor prisoners to the State Board of Corrections or one of the institutions operating under its authority. The State Board of Corrections does not have the authority to assign either male or female prisoners to serve in any capacity in a county jail. Quota on transfer of prisoners. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 5, 1953. REVENUE CERTIFICATE LAW AMENDED. No. 52 (House Bill No. 61). An Act to amend an Act entitled Revenue Certificate Law of 1937 approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, to provide fees for validation by the clerk of the superior court of revenue certificates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled Revenue Certificate Law of 1937 approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, is hereby amended by adding to Section 15 the following: Sec. 15 amended. The clerk of the superior court shall receive for his services rendered under this section the following fees: First 100 certificates $1.00 each 101st through 500th certificates 25 each All certificates over 500 5 each.

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so that said section, as amended, will read as follows: Section 15. Certificates, when issued under provision of this Act shall have stamped or written thereon, by the proper officers of such municipality issuing the same, or their agents or servants, the words: `Validated and confirmed by judgment of the superior court,' specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the clerk of the superior court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this State. The clerk of the superior court shall receive for his services rendered under this section the following fees: Clerk's fees. First 100 certificates $1.00 each 101st through 500th certificates 25 each All certificates over 500 5 each. Section 1-A. Provided further that in all counties in this State where the clerk of the superior court is paid on a salary basis that the fee referred to in Section I shall be paid to the clerk of the superior court and turned over to the county treasurer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 5, 1953. COUNTY WELFARE DEPARTMENT RECORDS. No. 54 (House Bill No. 6). An Act to amend an Act approved February 26, 1937, (Ga. Laws, 1937, pp. 355-370), to provide for the destruction by the various county departments of public welfare of obsolete public assistance case records

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and related financial and statistical forms and reports, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. From and after the passage of this Act, the county departments of public welfare may, at the discretion of the county director, destroy public assistance case records which have been inactive for five (5) years or more, and related statistical and financial forms and reports. Destruction authorized. Section 2. The destruction of these records shall be accomplished as prescribed by the State Department of Public Welfare. Section 3. All laws or parts of laws in conflict with this Act are and the same are hereby repealed. Approved February 5, 1953. CHATTAHOOCHEE CIRCUITJUDGE'S SALARY. No. 56 (House Bill No. 80). An Act to provide that the County of Muscogee shall supplement the salary of the Judge of the Superior Courts of the Chattahoochee Circuit, by paying from its treasury to said judge the sum of $4500.00 per annum, in equal monthly installments; to ratify payments heretofore made by Muscogee County to said judge; 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 effective date of this Act, Muscogee County is authorized and required

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to supplement the salary of the Judge of the Superior Courts of the Chattahoochee Circuit, in which said county lies, out of county funds, by paying from its treasury to said judge the sum of $4500.00 per annum, which additional compensation shall be paid by said county to said judge in equal monthly installments, and are declared to be a part of the court expenses of said county. Supplement by Muscogee County. Section 2. That the salary supplement payments made by Muscogee County to said Judge of the Superior Courts of the Chattahoochee Circuit before the effective date of this Act be, and they hereby are, ratified and confirmed. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of intention to apply for the passage of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) 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 to by the publisher of said paper, as provided by law. Notice of Local Legislation. Notice is hereby given of intention to apply at the session of the General Assembly of Georgia, convening January 12, 1953, for the passage of a local bill entitled: An Act to provide that the County of Muscogee shall supplement the salary of the Judge of the Superior Courts of the Chattahoochee Circuit, by paying from its treasury to said judge the sum of $4500.00 per annum, in equal monthly installments; to ratify payments heretofore made by Muscogee County to said judge; and for other purposes.

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This 18th day of December, 1952. /s/ Thomas W. Davison, President, Columbus Lawyers Club. /s/ Howell Hollis, /s/ J. Gordon Young. Georgia, Muscogee County. This is to certify that the attached copy of notice of intention to apply for the passage of a local bill entitled An Act to provide that the County of Muscogee shall supplement the salary of the Judge of the Superior Courts of the Chattahoochee Circuit, by paying from its treasury to said judge the sum of $4500.00 per annum, in equal monthly installments; to ratify payments heretofore made by Muscogee County to said judge; and for other purposes; has been published, as provided by law, once a week for three weeks, to wit: December 19th and 26th, 1952, and January 2, 1953, during a sixty-day period immediately preceding introduction of said bill into the General Assembly, in the Columbus Ledger. Said newspaper is the newspaper in which sheriff's advertisements for the locality affected are published. Affiant further states that he is the publisher. /s/ Maynard R. Ashworth, Publisher, The Columbus Ledger, Columbus, Georgia. Sworn to and subscribed before me, this 5 day of January, 1953. /s/ Joseph P. Meyer, Notary Public, Muscogee County, Georgia. (Seal). Approved February 5, 1953.

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PLEADING AND PRACTICE. Code 81-301 Amended. No. 57 (House Bill No. 20). An Act to amend Section 81-301 of the Code of Georgia of 1933, as amended, especially as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 162), which section relates to the filing and serving of demurrers and pleas, so as to provide for continuation of case on trial when the moving party fails to provide the opposite party with copies thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 81-103 of the Code of Georgia of 1933, as amended, especially as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 162), which section relates to the filing and serving of demurrers and pleas, is hereby amended by adding at the end thereof the following: Provided, that if the party filing the demurrer, plea or cross-action fails to serve the opposite party as provided in this section, the judge shall continue the entire proceedings to the next term of court upon motion made by the injured party., so that said section when so amended shall read as follows: A defendant may either demur, plead or answer to the petition. or may file one or more or all of these defenses at once without waiving the benefit of either; or he may file two or more pleas to the same action. All demurrers and pleas of the defendant shall be filed in or before the time stated in the process as the appearance day. All demurrers of the plaintiff to the defendant's answer or other pleas shall be filed within 15 days after such defensive pleadings are filed. All demurrers, pleas, and cross-actions of the defendant and all demurrers of the plaintiff to the defendant's answer or other pleas shall prior to filing, be served upon the opposite party

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or his attorney. Service may be shown by written acknowledgment, or by the certificate of counsel, or by the affidavit of the person who delivered or mailed the pleadings, showing that service has been made as above described. Provided, that if the party filing the demurrer, plea, or cross-action fails to serve the opposite party as provided in this section, the judge shall continue the entire proceedings to the next term of court upon motion made by the injured party. Modes of defense. Time of filing demurrers and pleas. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 5, 1953. CLAY SUPERIOR COURT TERMS. No. 62 (Senate Bill No. 37). An Act to provide the time for holding the Superior Court of Clay County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. From and after the passage of this Act, the Superior Court of Clay County shall be regularly held on the third Mondays in March and November. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 5, 1953.

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COWETA SUPERIOR COURT TERMS. No. 66 (House Bill No. 85). An Act to provide for the terms of the Superior Court of Coweta County; to repeal all laws in conflict therewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That from and after the passage of this Act, the Superior Court of Coweta County shall meet on the first Monday in March, and on the first Tuesday in September. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1953. GILMER SUPERIOR COURT TERMS. No. 67 (House Bill No. 40). An Act to change the time of holding the Superior Court of Gilmer County from the second Monday in October of each year to the second Monday in November of each year; to provide that all writs, bills, process, orders, summons, subpoenas, bonds, and all proceedings of every kind and character returnable to the October term of 1953 of said court as heretofore fixed, shall remain in full force and effect and shall be held returnable to or answerable at the November term, 1953 of said court to convene on the second Monday in November, 1953, as provided by this Act; to provide that all jurors or witnesses drawn or summoned to attend the October, 1953 term of said court, convening on the second Monday in October, 1953, shall be deemed and held as drawn and summoned to attend the November

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term, 1953, of said court, convening on the second Monday in November, 1953, as provided by this Act; to provide that the May term of Gilmer Superior Court which convenes on the third Monday in May of each year shall be and remain fixed without changing; repealing conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The time for convening the regular term of the Superior Court of Gilmer County is hereby changed from the second Monday in October of each year to the second Monday of November of each year. November term. Section 2. All writs, bills, process, orders, summons, subpoenas, bonds, and all other proceedings of every kind and character now returnable to or answerable at the October term, 1953, of said court as heretofore fixed, shall remain of full force and effect and shall be returnable to or answerable at the November term, 1953, of said court, convening on the second Monday in November, 1953, as provided by this Act; and all jurors and witnesses drawn or summoned to attend the October term, 1953, of said court, convening on the second Monday in October, 1953, shall be deemed and held as drawn and summoned to attend the November term, 1953, of said court, convening on the second Monday in November, 1953, as provided by this Act. Section 3. Be it further enacted by the authority aforesaid, that the time for holding the May term of Gilmer Superior Court in each year shall be and remain on the third Monday in May of each year without change. May term. 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. Section 5. There is attached to and made a part of

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this Act a copy of the notice published in the Ellijay Times Courier, the newspaper in which sheriff's advertisements for Gilmer County are published, certified by the publisher thereof, in which said publisher further certifies that said notice has been published as required by law. State of Georgia, Gilmer County. Before me, the undersigned attesting officer, duly authorized to administer oaths, personally appeared /s/ C. F. Owen, who on oath deposes and says that he is editor and publisher of the Ellijay Times Courier, a weekly newspaper and the official organ of Gilmer 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 November 27, and December 4, and December 11, 1952. /s/ C. F. Owen. (Seal). Sworn to and subscribed before me, this the 6 day of January, 1953. /s/ Dorothy H. Mosley, Notary Public, Gilmer County, Georgia. My commission expires March 1, 1955. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia, a local bill to change the fall term of the Superior Court of Gilmer County, Georgia, from the second Monday in October of each year to the second Monday in November of each year. This the 27th day of November, 1952. /s/ Joe P. Holloway, Representative Elect, Gilmer County, Georgia. Approved February 10, 1953.

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COUNTY CONVICT CAMPS. Code 77-202, 77-338 Repealed. No. 68 (House Bill No. 62). An Act to repeal Section 77-202 of the Code of Georgia, relating to the safe-keeping and support of convicts; to repeal Section 77-338 of the Code of Georgia, relating to county convict farms; to provide for the safekeeping and support of convicts; to provide for the employment of overseers and guards; to provide for county convict farms and housing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 77-202 of the Code of Georgia, which reads as follows: The county authorities having control of convicts shall provide suitable places for their safe-keeping and their support by the county, and shall employ necessary overseers and guards for their safe-keeping and constant and diligent employment upon the public works., is hereby repealed in its entirety. Code 77-202 repealed. Section 2. Section 77-338 of the Code of Georgia, which reads as follows: Any county may purchase, rent, and maintain a farm upon which to work any number of its convicts in connection with working its convicts upon its public roads, bridges, and other public works; and all products and supplies arising from said farm shall be used in the support of the convicts, improvement of its public roads, bridges, and other public works, and in support of the county institutions., is hereby repealed in its entirety. 77-338 repealed. Section 3. Any county may purchase, rent, and maintain a farm and housing upon which to work any number of convicts assigned it in connection with working its public roads, bridges, and other public works, and the county authorities having control of convicts assigned

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it shall provide suitable places for their safe-keeping and their support by the county and shall employ the necessary overseers and guards for their safe-keeping and constant and diligent employment upon the public works. All products and supplies arising from said farm shall be used in the support of the convicts, for improvement of the public roads, bridges and other public works, and in support of the county institutions. County work camps. Section 4. County authorities in acquiring future sites for the location of public works camps, or county authorities who construct in the future buildings for the housing of prisoners on such public works camps, shall not construct any buildings for the housing of prisoners within a mile from the city limits of any incorporated city or town with a population of 20,000 people or less, according to the 1950 census or any future census. This restriction shall not apply to those counties now owning property for public works camps within said mile limit nor to any county where construction has been begun at the time of the passage of this bill. Location. Constitutionality. 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. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1953.

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CHEROKEE SUPERIOR COURT TERMS. No. 69 (House Bill No. 39). An Act to change the times of holding the Superior Court of Cherokee County from the second Mondays in March and September and first Monday in December of each year to the third Monday in January, first Monday in May and second Monday in September of each year; repealing conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The times for convening the regular terms terms of the Superior Court of Cherokee County are hereby changed from the second Mondays in March and September and first Monday in December of each year to the third Monday in January, first Monday in May and second Monday in September of each year. Terms. Section 2. That the effective date of this Act shall be March 16, 1953, as the regular March term of the court shall be held on the second Monday in March, 1953 as heretofore provided, but thereafter the regular terms of court in said county shall convene as provided by this Act for the remainder of the calendar year of 1953; to wit: the first Monday in May, and the second Monday in September. Thereafter, the times for convening the regular terms of the Superior Court of Cherokee County shall be as provided in Section 1 of this Act. Effective date. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 4. There is attached to and made a part of this Act a copy of the notice published in the North Georgia Tribune, the newspaper in which sheriff's advertisements for Cherokee County are published, certified

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by the publisher thereof, in which said publisher further certifies that said notice has been published as required by law. Legal Notices. Notice to Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia a local bill to change the terms of the Superior Court of Cherokee County from the second Mondays in March and September and first Monday in December of each year to the third Monday in January, first Monday in May, and second Monday in September of each year. This 19th day of November, 1952. D. Carl Tallant, Representative, Cherokee County, Georgia. Georgia, Cherokee County: Before me the undersigned attesting officer duly authorized to administer oaths personally appeared R. D. Owen, who on oath deposes and says that he is editor and publisher of the North Georgia Tribune, a weekly newspaper and the official organ of Cherokee 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 November 21st and 28th, and December 5th, 1952. /s/ R. D. Owen. Sworn to and subscribed before me, this 5 day of December. 1952. /s/ C. B. Holcomb, Notary Public, Cherokee County, Ga. My commission expires 12/31/52 C. S. C. Approved February 10, 1953.

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RECREATION SYSTEMS. No. 71 (House Bill No. 95). An Act to amend an Act authorizing certain political subdivisions of the State to provide and maintain recreation systems, approved February 1, 1946 (Ga. Laws 1946, p. 152), so as to provide that the governing authority of the municipality may, upon its own motion, establish and maintain recreation systems and upon its own motion may call an election for the establishment and maintenance of such systems; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act empowering cities, towns, and counties, separately or jointly in the State of Georgia to provide, maintain, and conduct supervised recreation systems and to acquire, establish, conduct and maintain parks, playgrounds, recreational facilities and activities, and authorizing such municipalities and counties to create recreation boards or commissions and prescribing their powers and duties, approved February 1, 1946 (Ga. Laws 1946, p. 152), is hereby amended by adding at the end of Section 8, relating to petition and election for the establishment and maintenance of a recreation system, the following: In addition to the methods provided above, the governing authority of any municipality may, upon its own motion, appropriate funds for and provide for the establishment, maintenance and conduct of a supervised recreation system, or in case of a special tax may, upon its own motion, cause the question of the establishment, maintenance and conduct of such supervised recreation system to be submitted to the voters to be voted upon at the next general or special election of the municipality, provided such motion has been made at least thirty days prior to the date of such election., so that Section 8 when so amended shall read as follows: Sec. 8, Act of 1946, amended.

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Section 8. That whenever a petition signed by at least ten percent of the qualified and registered voters in any municipality, school district or county shall be filed in the office of the clerk of such municipality, school district or county requesting the governing body of such municipality to provide, establish, maintain, and conduct a supervised recreation system and to levy an annual tax on the taxable property within the corporate limits of the city, county or school district, for the conduct and maintenance thereof, it shall be the duty of the governing body of such municipality or county to appropriate funds for and to provide for the establishment, maintenance, and conduct of a supervised recreation system or in case of special tax to cause the question of the establishment, maintenance, and conduct of such supervised recreation system to be submitted to the voters to be voted upon at the next general or special election of the municipality, provided, however, that such question shall not be voted upon at the next general or special election unless such petition shall have been filed at least thirty days prior to the date of such election. In addition to the methods provided above, the governing authority of any municipality may, upon its own motion, appropriate funds for and provide for the establishment, maintenance and conduct of a supervised recreation system, or in case of a special tax may, upon its own motion, cause the question of the establishment, maintenance and conduct of such supervised recreation system to be submitted to the voters to be voted upon at the next general or special election of the municipality, provided such motion has been made at least thirty days prior to the date of such election. Powers of municipal authorities. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1953.

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RECORDING VETERAN'S DISCHARGE CERTIFICATES. Code 24-2727. No. 72 (House Bill No. 48). An Act to amend an Act which prohibited clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates, approved March 27, 1947 (Ga. Laws 1947, p. 1177), so as to provide for the class of veterans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates; to expressly repeal the last item of Section 24-2727 of the Code, which authorizes a fee of 25 to be charged by the clerks of the superior courts for recording soldiers' discharge certificates; to provide for the payment of a fee of 50 for each certificate recorded by a clerk in all counties where the said clerk of court is on a fee basis; to repeal all laws and parts of laws in conflict herewith; and for other purposes, approved March 27, 1947 (Ga. Laws 1947, p. 1177), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Sec. 1, Act of 1947, amended.

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Section 1. All clerks of the superior courts are hereby prohibited from charging veterans of the two World Wars or the Korean Conflict a fee for recording their discharge certificates. Korean veterans. Section 2. Said Act is further amended by striking from Section 2 the words of the past two World Wars and inserting in lieu thereof the words as provided in Section 1 of this Act, so that Section 2 when so amended shall read as follows: Sec. 2 amended. It is the purpose of this Act to expressly repeal the last item in Section 24-2727 of the Code which reads as follows: `Recording soldiers' discharge certificates25.' It is also the purpose and intent of this Act to repeal any other law which authorizes a charge to be made against a veteran for recording discharge certificates. This service is hereby declared to be rendered free of charge to all veterans as provided in Section 1 of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1953. ADOPTION PROCEEDINGSADMINISTRATIVE EXPENSES. No. 73 (House Bill No. 5). An Act to amend an Act approved March 27, 1941 (Ga. Laws 1941, pp. 300-310), known as the Georgia Adoption Law; to provide for the reimbursement by the State Department of Public Welfare to county or district welfare departments the amount expended for administrative expenses incurred in matters of adoption; to provide for the keeping of records and accounts in relation to such administrative expenses; to define administrative expenses 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. Beginning July 1, 1953, the State Department of Public Welfare shall reimburse each county or district public welfare department the amount expended for administrative expenses incurred in matters of adoption. The county department shall keep such records and accounts in relation to such administrative expenses

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as the State department shall prescribe. Reimbursement to county departments. Section 2. For the purpose of this Act, administrative expenses shall mean salaries and traveling expenses of the director of public welfare and other employees of the staff of the county or district department engaged in the performance of adoption services. Administrative expenses Section 3. All laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved February 10, 1953. MUNICIPAL CORPORATIONSCEMETERY DONATIONS. No. 74 (House Bill No. 64). An Act to allow any incorporated municipality of this State to act as trustee of any funds donated to any cemetery within the limits of said municipality; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Any incorporated municipality of this State may act as trustee of any funds donated to any cemetery within the limits of said municipality. Municipality as trustee Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1953.

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TIFTON CIRCUITSOLICITOR-GENERAL'S SALARY. No. 76 (House Bill No. 96). An Act to amend an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1841-1842) to amend an Act approved March 24, 1937 (Ga. Laws 1937, pp. 1467-1469) to amend an original Act approved February 22, 1933 (Ga. Laws 1933, pp. 819-825) entitled An Act to abolish the fee system now existing in the superior courts of the Tifton Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore, and hereafter accruing to the office of solicitor-general in said circuit, in so far as the same constitutes the compensation attached to said office, etc., by fixing the salary of the solicitor-general at a certain amount per annum, by providing the manner in which said salary is to be paid, to provide when this Act shall take effect; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, as follows: Section 1. That Section 1 of an Act approved February 21, 1949 (Ga. Laws 1949, pp. 1841-1842) to amend an Act approved March 24, 1937 (Ga. Laws 1937, pp. 1467-1469) to amend an original Act approved February 22, 1933 (Ga. Laws 1933, pp. 819-825) entitled An Act to abolish the fee system now existing in the superior courts of the Tifton Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore, and hereafter accruing to the office of solicitor-general in said circuit, in so far as the same constitutes the compensation attached to said office, etc., be amended by striking in its entirety said Section 1 of said Act approved February 21, 1949 which begins with the words The salary of the solicitor-general etc. and end with the words Irwin County..... $840.00 per annum, and substituting in lieu of said stricken section the following: Sec. 1, Act of 1949, amended.

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Section 1. The salary of the Solicitor-General of the Tifton Judicial Circuit to be paid by the counties composing said circuit shall be the sum of $5850.00 per annum in addition to the salary paid by the State in amount of $250.00 per annum as prescribed in Paragraph I, Section 13, Article 6, of the Constitution of this State, which said salary of $5850.00 per annum shall be paid out of the general treasuries of the various counties composing said circuit in the following respective sum and proportions: Salary. Worth County $1650.00 Tift County $2160.00 Turner County $1020.00 Irwin County $1020.00 Section 2. That this Act shall go into effect and become operative on and after its passage and approval by the Governor. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 4. That notice of the intention to apply for the passage of this bill has been published in the newspapers in which the sheriff's advertisements are published in each of the counties comprising said judicial circuit namely, The Sylvester Local in Worth County, The Tifton Gazette in Tift County, The Ocilla Star in Irwin County, and The Wiregrass Farmer and Stockman in Turner County, said notice having been published in each of said newspapers once a week for three weeks during a sixty-day period immediately preceding its introduction in the General Assembly in accordance with the law. Attached hereto and made a part of this bill are copies of said notice accompanied by affidavits of the publishers of each of said newspaper showing that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given to the citizens of the Tifton

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Judicial Circuit, composed of Tift, Turner, Irwin and Worth Counties, that a bill will be applied for at the 1953 session of the General Assembly of Georgia to increase the salary paid by said counties to the solicitor-general of said circuit from $4650 per annum to $5850 per annum. J. L. Williams, Representative, Tift County. Wm. T. Bodenhamer, Representative, Tift County. H. L. Layton, Representative, Irwin County. Floyd Wardlow, Representative, Turner County. David Jones, Representative, Worth County. T. E. Kennedy, Jr., Senator, 47th District. John Shepherd, Senator, 10th District. Georgia, Worth County. Now comes Gerald D. Sanders, editor and publisher of the Sylvester Local, official organ of said county in which the sheriff's advertisements appear, and on oath says that the above and foregoing Notice of Intention to Apply for Local Legislation attached hereto was published in said newspaper on December 24, 1952, January 1, 1953 and January 8, 1953. /s/ Gerald D. Sanders. Sworn to and subscribed before me, this 8th day of January, 1953. /s/ Jas. W. Warren, Notary Public. (Seal).
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Clerk Superior Court, Worth County, Georgia. Notice of Intention to Apply for Local Legislation. Notice is hereby given to the citizens of the Tifton Judicial Circuit, composed of Tift, Turner, Irwin and Worth Counties, that a bill will be applied for at the 1953 session of the General Assembly of Georgia to increase the salary paid by said counties to the solicitor-general of said circuit from $4650 per annum to $5850 per annum. J. L. Williams, Representative, Tift County. Wm. T. Bodenhamer, Representative, Tift County. H. L. Layton, Representative, Irwin County. Floyd Wardlow, Representative, Turner County. David Jones, Representative, Worth County. T. E. Kennedy, Jr., Senator, 47th District. John Shepherd, Senator, 10th District. Georgia, Tift County. Now comes Homer M. Rankin, editor of The Tifton Gazette, and president of the Gazette Publishing Company, publisher of The Tifton Gazette, official organ of said county in which the sheriff's advertisements appear, and on oath says that the above and foregoing Notice of Intention to Apply for Local Legislation was published

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in said newspaper on December 24, 1952, January 1, 1953, and January 8, 1953. /s/ Homer M. Rankin. Sworn to and subscribed before me, this 8th day of January, 1953. /s/ Henry W. Bostick, Clerk Superior Court, Tift Co., Ga. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given to the citizens of the Tifton Judicial Circuit, composed of Tift, Turner, Irwin and Worth Counties, that a bill will be applied for at the 1953 session of the General Assembly of Georgia to increase the salary paid by said counties to the solicitor-general of said circuit from $4650 per annum to $5850 per annum. J. L. Williams, Representative, Tift County. Wm. T. Bodenhamer, Representative, Tift County. H. L. Layton, Representative, Irwin County. Floyd Wardlow, Representative, Turner County. David Jones, Representative, Worth County. T. E. Kennedy, Jr., Senator, 47th District. John Shepherd, Senator, 10th District. Georgia, Irwin County. Now comes Julian L. Connell, publisher of the Ocilla

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Star, official organ of said county in which the sheriff's advertisements appear, and on oath says that the above and foregoing Notice of Intention to Apply for Local Legislation was published in said newspaper on December 24, 1952, January 1, 1953 and January 8, 1953. /s/ Julian L. Connell. Sworn to and subscribed before me, this 8th day of January, 1953. /s/ C. A. Young, Clerk, Superior Court, Irwin County, Ga. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given to the citizens of the Tifton Judicial Circuit, composed of Tift, Turner, Irwin and Worth Counties, that a bill will be applied for at the 1953 session of the General Assembly of Georgia to increase the salary paid by said counties to the solicitor-general of said circuit from $4650 per annum to $5850 per annum. J. L. Williams, Representative, Tift County. Wm. T. Bodenhamer, Representative, Tift County. H. L. Layton, Representative, Irwin County. Floyd Wardlow, Representative, Turner County. David Jones, Representative, Worth County. T. E. Kennedy, Jr., Senator, 47th District. John Shepherd, Senator, 10th District.

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Georgia, Turner County. Now comes Nora Lawrence Smith, editor and publisher of the Wiregrass Farmer and Stockman, official organ of said county in which the sheriff's advertisements appear, and on oath says that the above and foregoing Notice of Intention to Apply for Local Legislation was published in said newspaper on December 24, 1952, January 1, 1953 and January 8, 1953. /s/ Nora Lawrence Smith. Sworn to and subscribed before me, this 8th day of January, 1953. /s/ L. M. Bussey, Ordinary, Turner Co., Ga. (Seal). Approved February 10, 1953. CORONER'S FEES IN CERTAIN COUNTIES. Code 21-105 Amended. No. 77 (House Bill No. 74). An Act to amend Section 21-105 of the Code of Georgia, relating to the fees paid to coroners, by providing that in certain counties within this State the coroner shall be paid a salary of $780.00 per year; 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. Section 21-105 of the Code of Georgia relating to fees paid to coroners is hereby amended by adding thereto the following words: Code 21-105.

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In all counties of this State having a population of not less than 30,000 and not more than 30,500, according to the United States census of 1950, or any future United States census, the coroner shall receive a salary of $780.00 per year out of the county treasury, payable monthly, said salary to be in lieu of the fees allowed a coroner by law for holding inquests. New matter. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 10, 1953. PERPETUITIESEXCEPTIONS. Code 85-707 Amended. No. 81 (House Bill No. 155). An Act to amend Section 85-707 of the Code of Georgia of 1933 so as to exempt from the rule against perpetuities pension, profit-sharing, stock bonus, death benefit and disability benefit trusts created by an employer for the benefit of his employees or their beneficiaries, and to permit accumulation of trust income from the same; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Section 85-707 of the Code of Georgia of 1933 be and the same is hereby amended by designating as subsection (a) said Code Section as it is now written, and by adding thereto a paragraph to be known as (b), which shall read as follows: Code 85-707 amended. (b). A trust heretofore or hereafter created by an employer pursuant to a pension plan, stock bonus plan, profit-sharing plan, or death or disability benefit plan for the exclusive benefit of some or all of the employees

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of such employer, to which contributions are made by the employer or employees, or both employer and employees, for the purpose of providing benefits for such employees or their beneficiaries shall not be deemed invalid as violative of subsection (a) hereof; and such trust may continue for such length of time as may be necessary to accomplish the purposes for which it was created. The income arising from any property held in such trust may be permitted to accumulate for such length of time as may be permitted by the instrument creating the trust, or, if no time is so specified, for such time as the trustee or trustees may deem necessary to accomplish the purposes of the trust, so that Section 85-707 of the Code of Georgia of 1933 as amended, shall read as follows: Employee-benefit trusts. 85-707. (3678) Perpetuities; exceptions. (a) Limitations of estates may extend through any number of lives in being at the time when the limitations commence, and twenty-one years, and the usual period of gestation added thereafter. A limitation beyond that period the law terms a perpetuity and forbids its creation. When an attempt is made to create a perpetuity, the law gives effect to the limitations not too remote, declaring the others void, and thereby vests the fee in the last taker under legal limitations. (b) A trust heretofore or hereafter created by an employer pursuant to a pension plan, stock bonus plan, profit sharing plan, or death or disability benefit plan for the exclusive benefit of some or all of the employees of such employer, to which contributions are made by the employer or employees, or both employer and employees, for the purpose of providing benefits for such employees or their beneficiaries shall not be deemed invalid as violative of subsection (a) hereof; and such trust may continue for such length of time as may be necessary to accomplish the purposes for which it was created. The income arising from any property held in such trust may be permitted to accumulate for such length of time as may be permitted by the instrument creating the trust, or, if no time is so specified for such time as the trustee or

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trustees may deem necessary to accomplish the purposes of the trust. Section 2. That all laws and parts of laws in conflict with this act are hereby repealed. Approved February 10, 1953. EXECUTORS, GUARDIANS, TRUSTEESLEASE OF REAL PROPERTY. No. 82 (House Bill No. 162). An Act to authorize executors, administrators, guardian and trustees to apply to the superior court for an order authorizing the execution of a lease of real property that may or will continue beyond the termination of the administration of the estate held by such executor, administrator, guardian or trustee or beyond the termination of the trust, to empower the superior court upon such application to authorize the execution of such a lease including an authorization in vacation and at chambers, to provide for notice to beneficiaries of such application, to provide that a lease so authorized by the superior court shall be binding upon all persons interested in or beneficiaries of the estate held by the applicant for the full term of the lease and for 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. When the assets of a trust include an interest in real property the trustee may apply to the superior court for an order authorizing such trustee to lease such real property or a part thereof for a term of years which may or will continue beyond the termination of the trust and the superior court in the execution of the protective powers of equity over trust estates and the estates of wards in chancery shall have power and jurisdiction to pass an order authorizing the execution of such a lease. Application for lease of real property.

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Section 2. The word trust wherever used in this Act includes the estate held by an executor, administrator, guardian or trustee whether held or in existence at the time of the passage of this Act or later held or coming into existence. The word trustee wherever used in this Act includes executor, administrator, guardian or trustee who is acting in such capacity whether at the time of the passage of this Act or who may become executor, guardian, administrator or trustee after the passage of this Act. Trust, trustee. Section 3. The judge of the superior court may receive and act upon such application in vacation and at chambers, always transmitting the entire proceedings to the clerk to be entered on the minutes or other records of the court. When judge may act. Section 4. Notice of all such applications shall be given to all of the living beneficiaries of the trust in such manner as may be ordered by the court. If minors shall be interested and they shall have no guardians, guardians ad litem shall be appointed and notified before the cause proceeds. Notice. Section 5. A lease, the execution of which has been approved by an order of the superior court on an application made pursuant to the provisions hereof, shall be binding upon all beneficiaries of the trust in life and all beneficiaries of the trust who may thereafter be born for the full term of such lease despite the fact that the term of such lease continues beyond the termination of the trust. Binding effect of lease. Section 6. It shall be the duty of the superior court to hear evidence that may be tendered by the trustee and if the court is satisfied from the proceedings that the lease to be authorized is expedient, the court shall pass an order authorizing the trustee to execute the lease subject, however, to such terms as the court shall deem proper and necessary to protect the value of the trust estate. The granting of such application is not precluded by the fact that the instrument creating the trust only

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authorizes leases for terms not extending beyond the duration of the trust. Hearing. Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 10, 1953. OUT-OF-TOWN COUNTY WITNESSES IN CIVIL CASES. No. 84 (House Bill No. 114). An Act requiring witnesses in civil cases pending in courts of the State of Georgia to appear in person to testify therein when they reside beyond the limits of the county in which the case is pending, provided they be properly served with a subpoena requiring them to so appear, and further provided that they shall be tendered at the time of the service of the subpoena a per diem of seven dollars and mileage of seven cents per mile for traveling expenses in attending the place of trial, such mileage to cover the distance of each way by the nearest pratical route by public conveyance or motor vehicle to the place of trial of the case from where the witness resides, provided, however, that no witness shall be compelled to attend if he should reside more than one hundred miles from the place of trial by the nearest practical route, and further provided he shall not be required to attend more than one day, unless he is tendered seven dollars on the day before the next succeeding day on which he is requested to attend the trial; providing that the trial court shall have the authority to punish for contempt any witness failing to comply with the terms of the subpoena where he has been tendered the per diem and mileage herein provided; providing nothing in this Act shall prevent any party to a civil case from taking testimony by interrogatories or depositions of the witness residing in a

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county other than the county in which the case is pending; and providing that the provisions of this Act do not apply to witnesses residing beyond the limits 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, as follows: Section 1. Hereafter any witness in a civil case pending in any court in this State shall be required to appear in person and testify therein when he resides beyond the limits of the county in which the case is pending, provided he be properly served with a subpoena requiring him to so appear, and further provided that he shall be tendered at the time of the service of the subpoena a per diem of seven dollars and mileage of seven cents per mile for traveling expenses in attending the place of trial, such mileage to cover the distance each way by the nearest practical route by public conveyance or by motor vehicle to the place of the trial of the case from where the witness resides, provided, however, that no witness shall be compelled to attend if he should reside more than one hundred miles from the place of trial by the nearest practical route, and further provided he shall not be required to attend more than one day, unless he is tendered seven dollars the day before the next succeeding day on which he is requested to attend as a witness. Out-of-County witness; subpoena per diem. Section 2. The trial court shall have authority to punish for contempt any witness failing to comply with the terms of the subpoena where he has been tendered the per diem and mileage, as herein provided. Contempt. Section 3. Nothing in this Act shall be so construed as to prevent any party to a civil case from taking testimony by interrogatories or depositions of a witness residin a county other than the county in which the case is pending. Interrogatories. Section 4. The provisions of this Act shall not apply to witnesses residing beyond the limits of the State of Georgia.

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Section 5. All laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 10, 1953. WIDOWS OF CONFEDERATE SOLDIERSPENSIONS. Code 78-204 Amended. No. 86 (House Bill No. 160). An Act to amend Section 78-204 of the Code of Georgia, relating to a pension for widows of Conferedate soldiers, as amended, so as to authorize the payment of pensions to all widows of Conferderate soldiers who are unmarried; to provide for the payment of pensions to any widow of a Confederate soldier who has been a resident of Georgia for a certain period and who does not receive a pension from another State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 78-204 of the Code of Georgia, as amended, relating to a pension for widows of Confederate soldiers, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows: Code 78-204 amended. 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 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,

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that this section shall apply only to such widows who are unmarried. Provided, further, that any widow living in Georgia for her entire life prior to February 1, 1928, and who returns to Georgia and has been a resident of Georgia for six months prior to being paid a pension, shall be paid the pension authorized by law, provided the widow does not receive a pension from another State. Widow's pension. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1953. EGG MARKETING ACT AMENDED. No. 87 (House Bill No. 125). An Act to amend an Act regulating the marketing of eggs, approved March 26, 1935 (Ga. Laws 1935, p. 364), as amended by an Act approved March 8, 1937 (Ga. Laws 1937, p. 639), so as to classify eggs; to provide that a placard is not required when eggs are packed in properly labeled cartons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act regulating the marketing of eggs, approved March 26, 1935 (Ga. Laws 1935, p. 364), as amended by an Act approved March 8, 1937 (Ga. Laws 1937, p. 639), is hereby amended by striking from Section 1, relating to the classification of eggs, paragraph (b) and inserting in lieu thereof a new Paragraph (b) to read as follows: Sec. 1, Act of 1937, amended. (b) Fresh eggs, construed to mean eggs Grade A or better, produced in Georgia which have not been in cold storage or processed.

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Section 2. Said Act as amended is further amended by striking from said Section 1 Paragraph (d) and inserting in lieu thereof a new Paragraph (d) to read as follows: (d) All eggs sold or offered for sale by dealers, as designated under this section shall be graded as to net weight and standards of quality. Grades. Extra large eggs shall weigh not less than 27 ounces per dozen. No egg weighing less than 2 1/6 ounces shall be included in this weight class. Large eggs shall weigh not less than 24 ounces per dozen. No egg weighing less than 1 5/6 ounces shall be included in this weight class. Medium eggs shall weigh not less than 21 ounces per dozen. No egg weighing less than 1 7/12 ounces shall be included in this weight class. Small eggs shall weigh not less than 18 ounces per dozen. No egg weighing less than 1 1/4 ounces shall be included in this weight class. Pee Wee eggs shall weigh not less than 15 ounces per dozen. No egg weighing less than 1 1/6 ounces shall be included in this weight class. Section 3. Said Act as amended is further amended by striking from Section 1 of the first line of Paragraph (e) which reads: Grade fancy (U. S. Special), and inserting in lieu thereof the following: Grade Fancy or AA (U. S. Special): Section 4. Said Act as amended is further amended by adding in the fourth paragraph of Section 5, as amended, before the second sentence from the end of said paragraph the following: Said placard shall not be required when eggs are packed in properly labeled cartons., so that said paragraph when so amended shall read as follows: Sec. 5 amended.

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All eggs offered for sale at retail shall be properly classified in accordance with these regulations: A heavy cardboard or placard, not less than eight by eleven (8[UNK]11) inches, shall be conspicuously displayed at all times on or over each receptacle containing eggs offered for sale, setting forth in letters not less than one inch in height, plainly and legibly, the classification as to quality and weight. The name of the State of origin of eggs shall appear on said placard. Said placard shall not be required when eggs are packed in properly labeled cartons. The eggs therein shall be required to come up to the standard as placarded. Restaurants, hotels or other eating places shall be required to display a placard where it can be easily seen by customers or in lieu thereof place this information on the menu. Placards. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1953. SUPREME COURT AND COURT OF APPEALSCOMPENSATION OF REPORTER AND ASSISTANT. No. 88 (House Bill No. 156). An Act to fix the compensation of the Reporter and the Assistant Reporter of the Supreme Court and of the 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 of the Supreme Court and of the Court of Appeals shall receive a salary of $7,500.00 per annum, and the Assistant Reporter of the Supreme Court and of the Court of Appeals shall receive a salary of $6,000.00 per annum, such salaries to be payable in equal monthly installments by the State Treasurer, one-half from the appropriations for the operation of the

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Supreme Court and one-half from the appropriations for the operation of the Court of Appeals. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1953. BACON SUPERIOR COURT TERMS. No. 89 (House Bill No. 140). An Act to repeal an Act creating the terms of the Superior Court of Bacon County, approved August 23, 1927 (Ga. Laws 1927, p. 177), and to provide for holding four terms a year of the Superior Court of Bacon County; to prescribe the terms and times for commencing and holding said terms; to prescribe how and when grand juries or petit juries shall be required to attend said court; to designate and name said terms of court; to provide for the transfer of pending suits and business from old terms to the new terms of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the terms of the Superior Court of Bacon County, Georgia, approved August 23, 1927 (Ga. Laws 1927, p. 177), is hereby repealed in its entirety. Act of 1927 repealed. Section 2. There shall be held in each year four terms of Superior Court in and for Bacon County, Georgia, in the Waycross Judicial Circuit. Section 3 The terms of Bacon Superior Court shall be designated and held on the following times: The February term shall be held on the first Monday of February of each year; the May term shall be held on the fourth

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Monday of May of each year; the August term shall be held on the first Monday of August of each year; the November term shall be held on the third Monday of November of each year. Terms. Section 4. All of said terms of said court are hereby designated as trial terms and any issue, cause or proceeding of which the Superior Court of Bacon County has jurisdiction thereof may legally be heard, tried and determined at any of the said four terms of court. Trial terms. Section 5. The May term and the November term of said Bacon Superior Court are hereby designated as grand jury terms and the officials of said court shall draw, select and subpoena grand jurors to serve at said May term and November term of said court, and the grand jurors so selected shall serve until the following grand jury term of said court unless they are discharged by the presiding judge. Grand juries. Section 6. The presiding judge of Bacon Superior Court may not require a trial jury to attend the February term and the August term of said court if the pending business, in the opinion of said judge, does not require the presence of a trial jury. Non-jury terms. Section 7. All business, cases, pleadings and processes now pending in the Superior Court in and for Bacon County are hereby transferred and assigned to the next term of said court after the passage and approval of this Act, all as provided for by the laws of Georgia. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia. Bacon 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:

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A bill to change the terms of the Bacon Superior Court from two terms to four terms each year, two being grand jury terms, and to designate the times these four terms will be held, and for other purposes. This the 9th day of December, 1952. Braswell Deen, Jr., State Representative, Bacon County Notice of Local Legislation. Georgia, Bacon 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: A bill to change the terms of the Bacon Superior Court from two terms to four terms each year, two being grand jury terms, and to designate the times these four terms will be held, and for other purposes. This the 9th day of December, 1952. /s/ Braswell Deen, Jr., Representative, Bacon County. Georgia, Bacon County. The undersigned does hereby certify that he is the editor of the Alma Times, a newspaper 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 Alma Times as required by law for local legislation, and that said notice was published in the Alma Times on the following dates: /s/ C. J. Broome, Jr. Editor, Alma Times Sworn to and subscribed before me,

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this the 17 day of January, 1953. /s/ Roy T. Boatright Clerk S. C. Bacon Co, Ga. (Notarial Seal Affixed). Approved February 10, 1953. BOATSDRUNKEN DRIVING. No. 103 (House Bill No. 209). An Act to make it a misdemeanor for any person to operate a boat on any public waters of this State while in an intoxicated condition or in a manner which disregards the safety of others; to provide that wildlife rangers and other peace officers shall arrest such persons; to provide for certain definitions; to provide for punishment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Any person who shall operate a boat upon any public waterway of this State in a manner which disregards the safety of others or operates such boat while in an intoxicated condition, which intoxicated condition may be caused by the excessive use of intoxicating wines, beers, liquors, or drugs, which is manifest by boisterousness or by an indecent condition or action or by vulgar, profane or unbecoming language or loud and violent discourse of the person so intoxicated, shall be guilty of a misdemeanor and be punished as for a misdemeanor. Drunken driving. Section 2. Wildlife rangers and other peace officers of this State shall have the power to arrest all persons who violate the provisions of this Act. Arrests. Section 3. Public waters shall be defined in this Act

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as including all fresh or salt waters except privately owned ponds or lakes not open to the general public. Public waters. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1953. WILCOX SUPERIOR COURT TERMS. No. 104 (House Bill No. 212). An Act to provide for holding three terms a year of the Superior Court of Wilcox County, Georgia, to prescribe the term of and for holding the same, to provide the duration of said terms and repeal all conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be held in each year three regular terms of the Superior Court of Wilcox County, Georgia and said regular terms shall convene on the first Monday in March and the Monday following, the fourth Monday in June and the Monday following, and the fourth Monday in November and the following Monday, in each year and said court shall continue in session for a period of two weeks for each term unless in the discretion of the presiding judge either of said terms may be sooner adjourned as herein prescribed, or either or all of said terms may be continued or prolonged beyond the respective periods herein for such length of time, in the discretion of the court as may be necessary to transact and complete the business of said court, provided there shall be no adjournments of any or either of said three terms unless so ordered by the presiding judge or until adjourned by operation of law and now provided by law. Terms. Section 2. Be it further enacted by the authority

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aforesaid that all petitions, writs, bills, processes, subpoenas, bonds, and proceedings both civil and criminal of every kind and character now pending in or returnable to said Superior Court of Wilcox County, Georgia shall hold good and relate to the terms as changed and fixed by this Act. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 16, 1953. NORTHERN JUDICIAL CIRCUIT. SOLICITOR-GENERAL'S SALARY. No. 111 (House Bill No. 18). An Act to amend an Act approved March 28, 1935 and appearing in the published Acts of 1935 as No. 301 (Georgia Laws 1935, pp. 861 et seq.), abolishing the fee system in the superior courts of the Northern Judicial Circuit, as applied to the office of Solicitor-General thereof, and fixing a salary in lieu thereof for the Solicitor-General of the Northern Judicial Circuit, and the Act amendatory thereof, more particularly an Act approved February 20, 1945 (Georgia Laws 1945, pp. 687-688), by striking in its entirety Section 2 of said Act, as amended, and substituting in lieu thereof a new section, to be numbered and designated as Section 2, so as to change and fix the salary of the Solicitor-General of the Northern Judicial Circuit, and so as to provide and fix the portions of such salary which shall be paid by the respective counties composing said circuit, by fixing the salary of the Solicitor-General of the Northern Circuit at a certain amount per annum, by providing the manner in which the said salary is to be paid, to provide when this Act shall take effect; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act abolishing the fee system in the superior courts of the Northern Judicial Circuit, as applied to the office of Solicitor-General thereof, and fixing a salary in lieu thereof for the solicitor-general of said circuit, approved March 28, 1935 (Georgia Laws 1935, pp. 861 et seq.), as amended by an Act approved February 20, 1945 (Georgia Laws 1945, pp. 687-688), be, and said Act is hereby, amended, by striking in its entirety Section 2 of said Act, as amended, and substituting in lieu thereof a new section, to be numbered and designated as Section 2, and to read as follows: Acts amended. Section 2. Be it further enacted by the authority aforesaid, that the salary of said Solicitor-General of said Northern Judicial Circuit shall be $5,400 per annum, in addition to the salary of $250 per annum prescribed in Paragraph I, Section XII of Article VI of the Constitution of the State of Georgia of 1945, which said salary (additional to the constitutional salary of $250 per annum) shall be paid him monthly out of the treasuries of the various counties composing said circuit, and in the following annual proportions, to wit: Elbert County shall pay $1,200; Franklin County shall pay $1,200; Hart County shall pay $1,200; Madison County shall pay $1,200; Oglethorpe County shall pay $600, which said several sums, together with the constitutional salary of $250 paid by the State of Georgia, shall constitute the salary of said solicitor-general, except as to services in the Supreme Court and Court of Appeals of Georgia, which services shall be compensated as provided by law. Solicitor's salary. County payments. Section 2. Be it further enacted by the authority aforesaid, that this Act shall become effective immediately upon passage and approval. Section 3. 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.

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Notice is given that a bill will be introduced in the next General Assembly amending an Act pertaining to the office of Solicitor-General of the Northern Circuit, (Georgia Laws, 1935) and Act amending same, providing for the compensation of said solicitor-general. B. B. Matheson, Representative-Elect, Hart County Georgia, Hart County. I, Louie L. Morris, hereby certify that I am the publisher of the Hartwell Sun, the newspaper in which sheriff's advertisements are published in Hart County, Georgia, and I further certify that the above notice was published in said newspaper once a week for three (3) weeks on the following dates: December 26, 1952; January 2, 1953; and January 9, 1953. Louie L. Morris /s/ Louie L. Morris Sworn to and subscribed before me, this, the 9 day of January, 1953. Rosalie B. Sokol Notary Public, Hart County, Georgia. My commission expires June 1, 1956. (Seal) Notice. Notice is given that a bill will be introduced in the next General Assembly amending an Act pertaining to the office of Solicitor-General of the Northern Circuit (Georgia Laws, 1935) and Act amending same, providing for the compensation of said solicitor-general. B. B. Matheson, Representative-Elect, Hart County.

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Georgia, Franklin County. I, James F. Little, hereby certify that I am the publisher of The Carnesville Herald, the newspaper in which sheriff's advertisements are published in Franklin County, Georgia, and I further certify that the above notice was published in said newspaper once a week for three (3) weeks on the following dates: December 25, 1952; January 1, 1953; and January 8, 1953. /s/ James F. Little James F. Little Sworn to and subscribed before me, this the 8th day of January, 1953. /s/ Gladys Mason, N. P. My commission expires February 12, 1956. (Seal). Notice. Notice is given that a bill will be introduced in the next General Assembly amending an Act pertaining to the office of Solicitor-General of the Northern Circuit (Georgia Laws, 1935) and Act amending same, providing for the compensation of said solicitor-general. B. B. Matheson, Representative-Elect, Hart County. Georgia, Madison County. I, Jere Ayers, hereby certify that I am the publisher of the Danielsville Monitor, the newspaper in which sheriff's advertisements are published in Madison County, Georgia, and I further certify that the above notice was published in said newspaper once a week for three (3) weeks on the following dates: December 26, 1952, January 2, 1953; and January 9, 1953. /s/ Jere Ayers Jere Ayers

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Sworn to and subscribed before me, this, the 9th day of January, 1953. /s/ O. A. Snelling N. P. Georgia State at Large. (Seal) Notice. Notice is given that a bill will be introduced in the next General Assembly amending an Act pertaining to the office of Solicitor-General of the Northern Circuit (Georgia Laws, 1935) and Act amending same, providing for the compensation of said solicitor-general. B. B. Matheson, Representative-Elect, Hart County. Georgia, Oglethorpe County. I. H. W. Amason, hereby certify that I am the publisher of The Oglethorpe Echo, the newspaper in which sheriff's advertisements are published in Oglethorpe County, Georgia, and I further certify that the above notice was published in said newspaper once a week for three (3) weeks on the following dates: December 25, 1952; January 1, 1953; and January 8, 1953. /s/ H. W. Amason H. W. Amason Sworn to and subscribed before me, this, the 8th day of January, 1953. /s/ W. G. Howard. N. P. My com. expires Jan. 8-55. (Seal). Notice. Notice is given that a bill will be introduced in the next General Assembly amending an Act pertaining to the office of Solicitor-General of the Northern Circuit

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(Georgia Laws, 1935) and Act amending same, providing for the compensation of said solicitor-general. B. B. Matheson, Representative-Elect, Hart County. Georgia, Elbert County. I, G. T. Christian, hereby certify that I am the publisher of The Elberton Star, the newspaper in which sheriff's advertisements are published in Elbert County, Georgia, and I further certify that the above notice was published in said newspaper once a week for three (3) weeks on the following dates: December 23, 1952; December 30, 1952; and January 6, 1953. /s/ G. T. Christian G. T. Christian Sworn to and subscribed before me, this, the 8th day of January, 1953. /s/ Mrs. Henry Walton N. P. Approved February 16, 1953. ALTO TUBERCULOSIS SANATORIUM. No. 115 (House Bill No. 232). An Act to authorize the Governor to lease or transfer the Alto Tuberculosis Sanatorium property to the State Hospital Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Governor of the State of Georgia is

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hereby authorized, for and on behalf of the State, to lease or transfer all of the Alto Tuberculosis Sanatorium property located at Alto, Georgia to the State Hospital Authority under such terms and conditions as the Governor may deem to the best interest of the State. Transfer to State Hospital Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1953. ACTIONS RESPECTING TITLE TO LAND. No. 119 (House Bill No. 202). An Act to provide that a prima facie case shall be made out in actions respecting title to land without the necessity of proving title to the original grant from the State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. A prima facie case shall be made out in actions respecting title to land upon showing good record title for a period of forty years, and it shall not be necessary under such circumstances to prove title to the original grant from the State. Prima facie case. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1953.

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FANNIN SUPERIOR COURT TERMS. No. 123 (House Bill No. 313). An Act to provide that the terms for holding the Superior Court of Fannin County shall be the fourth Mondays in April and August and the second Monday in December of each year; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Beginning with the year 1953, the terms of the Superior Court of Fannin County shall be held on the fourth Mondays in April and August and the second Monday in December of each year. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1953. SUPERIOR COURT CLERKSINDEX OF RECORDS. Code 24-2715 Amended. No. 131 (House Bill No. 281). An Act to amend Section 24-2715 of the Code of Georgia of 1933, as amended, which section relates to additional duties of clerks of the superior court, so as to provide that in all counties of this State having a population of not less than 12,160 and not more than 12,190, according to the 1950 United States census, or any future United States census, the clerks of the superior courts may provide separate index books for recording instruments affecting real estate and personal property, and that when separate books are so provided the personal property index need not be a duplex index; to provide

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that the index book of instruments affecting real estate shall show the name of the grantor and grantee of every instrument, the character of the instrument, the date and time of filing, the year of the instrument, the year of record and the book and page where recorded; to provide that the index book of instruments affecting personal property shall be a single index book and shall show the name of the grantor and grantee of every instrument, the date and time of filing and the book and page where recorded; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 24-2715 of the Code of Georgia of 1933, as amended, which section enumerates additional duties of clerks of the superior courts and duties of the clerks of city courts, is hereby amended by adding a proviso to the end of Paragraph 8 of said section so that said Paragraph 8, when so amended, shall read as follows: Code 24-2715 amended. 8. The clerk of the superior court shall provide, at the expense of each county, a duplex index book, wherein shall be indexed the names of grantor and grantee of every instrument recorded in his office, the character of the instrument, date of the instrument, book where recorded, and the date of the record. Provided, however, that in all counties of this State having a population of not less than 12,160 and not more than 12,190, according to the 1950 United States census or any future United States census, the clerks of the superior courts may provide separate index books for recording instruments affecting real estate and personal property at the expense of each county, and that when separate books are so provided a duplex index book shall be provided for instruments affecting real property wherein shall be indexed the names of the grantors and grantees of every such instrument recorded in his office, the character of the instrument, the date and time of the filing of the instrument, the year of the instrument, the year of record thereof, and the book and page where recorded; and a

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single index book, only, of the type and kind known as a direct index shall be provided for instruments affecting personal property wherein shall be indexed the names of the grantors and grantees of every such instrument recorded in his office listed in alphabetical order, the character of the instrument, the date and time of filing and the book and page where recorded. Indices of instruments affecting property in certain counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1953. BILLIARD PLAYING. Code 84-1611, 84-9926 Amended. No. 139 (House Bill No. 251). An Act to amend Code Section 84-1611 of the Code of Georgia, relating to persons permitted to play billiards, so as to change the class of persons; to amend Section 84-9926 of the Code of Georgia, relating to the penalty regarding Section 84-1611 of the Code, so as to change the class of persons therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 84-1611 of the Code of Georgia, relating to persons permitted to play billiards, is hereby amended by striking the figure 21 wherever it may appear in said section and substituting in lieu thereof the figure 18, so that Section 84-1611 when so amended shall read as follows: It shall be unlawful for any person who has not reached the age of 18 years to play billiards, or to be permitted to remain in a billiard room for any purpose,

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unless accompanied by a parent or guardian, or with a written permit from parent or guardian witnessed by a notary public with seal. In the event that the proprietor of a billiard room is of the opinion that any person desiring admission thereto is under the age of 18 years, he shall require such person to certify his age in writing or to produce a legal permit. Code 84-1611. Section 2. Section 84-9926 of the Code of Georgia, relating to the penalty regarding Section 84-1611 of the Code, is hereby amended by striking the word minor and inserting in lieu thereof the words person who has not reached the age of eighteen, so that Section 84-9926 when so amended shall read as follows: It is hereby made a misdemeanor, punishable by a fine of not less than $10, nor more than $25. for any person who has not reached the age of eighteen to remain in a billiard room, or to make false certificate as to his age, or to use a forged permit. Code 84-9926. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1953. STATE BANKSCONVERSION INTO NATIONAL BANKS. Code 13-130513-1310 Amended. No. 141 (Senate Bill No. 26). An Act to amend Title 13 of the Code of Georgia of 1933 and particularly Chapter 13-13 thereof, relating to the conversion of national banks into state banks and of state banks into national banks, by repealing Sections 13-1305 through 13-1310, dealing with the conversion of state banks into national banks as enacted by an Act approved February 11, 1949; and

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Enacting and providing in lieu of the said repealed statutes certain new and additional sections to be numbered 13-1305 through 13-1309 so as to provide that any state bank may by a vote of two-thirds of its capital stock convert into, or merge or consolidate with a national banking association upon notice to the Superintendent of the Banks of its intention to do so; and publishing such notice; and further providing for the continuation of the business and corporate entity of the state bank in the resulting national bank, 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. Title 13 of the Code of Georgia of 1933 and particularly Chapter 13-13 thereof, relating to the conversion of national banks into state banks, and also the conversion of state banks into national banks, as amended by the Act approved February 11, 1949, in Georgia Laws 1949, pages 536-539, is hereby amended by repealing those certain additional sections numbered 13-1305 through 13-1310 which were added by the said amendment of 1949, and striking said additional sections in their entirety, and substituting in lieu thereof, new and additional sections to be numbered 13-1305 through 13-1309, authorizing and providing for a state bank to convert into, or to merge or consolidate with a national bank upon a vote of two-thirds of its capital stock, such new and amended additional sections reading as follows: Code 13-1305 13-1310 amended. 13-1305. How state bank converts to or merges with a national bank. Any bank, which shall include any trust company organized and existing under the laws of this State may, by vote of its stockholders owning at least two-thirds of its capital stock, convert into, or merge or consolidate with a national banking association as provided for under the laws of the United States upon the following conditions: How State bank converts to or merges with national bank. (1) Simultaneously with its application to the Comptroller of the Currency, any such state bank shall file with

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the Superintendent of Banks, written notice of intention to convert into, or merge or consolidate with a national banking association and to surrender its state charter, the same to be in triplicate. (2) Said bank shall also file with said notice a certified copy of the resolution of the stockholders approving the proposed conversion into or merger or consolidation with a national banking association. 13-1306. Notice to be published. When said notice of intention is filed, the Superintendent of Banks shall certify one of the copies thereof and deliver the same to the bank, and the same shall be published by the bank in a newspaper with general circulation in the place where the principal office of the national banking association is located at least once a week for four consecutive weeks. Notice. 13-1307. Certificate of publication. When the copy of notice of intention shall have been published as required by law, the bank shall apply to the ordinary of the county in which it is located to certify the fact of such publication, and the ordinary shall certify the fact, which certicate shall be filed by the bank with the Superintendent of Banks. Certificate of publication. 13-1308. Filing of notice with Superintendent of Banks and Secretary of State. When the Comptroller of the Currency shall have given to such a bank a certificate that the provisions of the laws of the United States governing such conversion or merger or consolidating have been complied with, such bank shall file a copy thereof in duplicate, certified by the Comptroller of the Currency, with the Superintendent of Banks, who shall transmit one copy thereof to the Secretary of State, together with a certified copy of the notice of intention to convert or merge or consolidate and the certificate of publication of the ordinary. The Secretary of State shall thereupon record the same as evidencing the termination of the charter and franchise of the state bank. Filing of notice. 13-1309. Continuation of business and corporate

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entity. The charter and franchise of a state bank as a state banking corporation shall automatically terminate when its conversion into or its merger or consolidation with a national banking association under a national bank charter is consummated, and the resulting national banking association shall be considered the same business and corporate entity as the state bank, although as to rights, powers, and duties, the resulting bank is a national bank. Any reference to such state banking corporation in any contract, will, or document shall be considered reference to the national banking association, if not inconsistent with the provisions of the contract, will, or document, or applicable law. Continuation of business. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 17, 1953. BANK RECORDS. No. 142 (Senate Bill No. 29). An Act to provide for the retention and disposition of bank records, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. Every bank shall retain its business records for such periods as are or may be prescribed by or in accordance with the terms of this Act. Section 2. Each bank shall retain permanently the minute books of meetings of its shareholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger, its daily statements of condition, its general journal, its investment ledger, its copies of bank examination reports, and all records which

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the Superintendent of Banks shall, in accordance with the terms of this Act, require to be retained permanently. All other bank records shall be retained for such periods as the Superintendent of Banks shall, in accordance with the terms of this Act, prescribe. Permanent retention. Section 3. The Superintendent of Banks shall from time to time issue regulations classifying all records kept by banks and prescribing the period for which records of each class shall be retained. Such periods may be permanent or for a lesser term of years. Such regulations may from time to time be amended or repealed. Prior to issuing any such regulation, the Superintendent shall consider: Regulations. (1) Actions at law and administrative proceedings in which the production of bank records might be necessary or desirable; (2) State and Federal statutes of limitation applicable to such actions or proceedings; (3) The availability of information contained in bank records from other sources; and (4) Such other matters, as the Superintendent shall deem pertinent, in order that its regulations will require banks to retain their records for as short a period as is commensurate with the interests of bank customers and shareholders and of the people of this State in having bank records available. Section 4. Any bank may dispose of any records which have been retained for the period prescribed by or in accordance with the terms of this Act for retention of records of its class, and shall thereafter be under no duty to produce such record in any action or proceeding. Disposal of retained records. Section 5. Any bank may cause any or all records at any time in its custody to be reproduced by the microphotographic process and any reproduction so made shall have the same force and effect as the original thereof

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and be admitted in evidence equally with the original. Photographic reproductions. Section 6. This Act shall be applicable to banks and trust companies chartered under the laws of Georgia, and to the extent that they are not in contravention of any law or regulation of the United States, the provisions of this Act shall apply and enure to the benefit of national banking associations doing business in this State. What banks affected. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1953. REGISTER FOR POSTING LANDS. Code 45-402 Amended. No. 143 (House Bill No. 25). An Act to amend Section 45-402, Georgia Code 1933, relating to the registration of posted lands by the ordinary, so as to permit the lessee of land or the lessee of the game rights on the land to register the posted lands; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 45-402, Georgia Code 1933, relating to the registration of posted lands by the ordinary, is hereby amended by inserting after the word landowner the words lessee of the land or lessee of the game rights on the land, so that said section when so amended shall read as follows: Code 45-402 amended. 45-402. Register for posting lands. It shall be the duty of the ordinaries, or the commissioners of roads and revenues in the counties where such boards exist, to furnish

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a suitable book, to be known as the `register for posting lands,' to the clerk of the superior court of their respective counties, in which the landowner, lessee of the land or lessee of the game rights on the land shall register his or her name, after having first stated in the presence of the officers in charge of said book that the two notices have already been posted upon said landowner's land, as required by the preceding section. Register for posting lands. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1953. STATE BANKSCONVERSION INTO NATIONAL BANKS. No. 144 (Senate Bill No. 25). An Act to provide for the conversion of national banking associations into, and their merger or consolidation with state banks; to provide further that the laws of this State shall not be construed to require approval by any state authority as a condition to the conversion, merger or consolidation of a state bank into or with a national bank; 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. Definitions . As used in this Act: The term state bank means any bank, banking association, trust company or savings bank, incorporated under the laws of this State; and The term national bank or national banking association means a bank organized and incorporated under the laws of the United States, and located in this state; and

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The term national banking association means one or more national banking associations, and the term state bank means one or more state banks in connection with merger; and Definitions. Converting bank means a bank converting from a national bank to a state bank; and Merger includes consolidation; and Resulting bank means the bank resulting from a merger or conversion; and Dissenting stockholder means a stockholder dissenting and voting or noting his dissent as provided in this Act. Section 2. Federal law as to conversion of state bank to national bank approved . Nothing in the laws of this State shall be construed to require approval by any state authority as a condition to the right of a state bank to convert into, or merge with, national banking associations, as provided by Federal law. Federal law. Section 3. Resulting state bank . Subject to the approval of the Superintendent of Banks, any national banking association located in this state, may by vote of the holders of at least two-thirds of each class of its capital stock, convert into or merge with a state bank, in the manner prescribed by and subject to the limitations and requirements imposed by the laws of the United States; which shall also govern the rights of its dissenting stockholders. Resulting state bank. Section 4. Procedure for conversion or merger . The plan of conversion or merger must be approved by a majority of the entire board of directors of each of the converting or merging banks, and it or they shall publish notes of the time, place and object of the shareholders' meetings to act upon the plan, in a newspaper with general circulation in the place where the principal office of each of the involved banks is located, at least once a

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week for four consecutive weeks; provided, that the newspaper publication may be dispensed with entirely if waived by all of the shareholders of the converting bank; and, provided further, that in the case of a merger, one publication at least ten days' before the meeting shall be sufficient, if publication for four weeks is waived by holders of at least two-thirds of each class of capital stock, in each merging bank, and if prior written consent of the Comptroller of the Currency has been obtained as to the national bank, and prior written consent of the Superintendent of Banks is obtained as to the state bank or banks. The converting bank or merging banks shall send such notice to each shareholder of record by registered mail at least ten days prior to the meeting, which notice may be waived specifically by any shareholder. Procedure for conversion or merger. Section 5. Filing plan with Superintendent of Banks . When the plan of conversion or merger has received the requisite vote of approval by the directors and the shareholders, the converting bank, or merging banks, shall file with the Superintendent of Banks, in triplicate, certified copies of the plan of conversion, or merger as the case may be, together with certified copies of the resolution of the directors and shareholders approving the said plan. Filing plan. Section 6. Filing of approved agreement with Secretary of State; charter of resulting bank . When copies of the plan of conversion, or merger, together with copies of the resolutions of the directors and shareholders approving same shall have been filed in the Office of the Superintendent of Banks, as hereinbefore provided, the said converting bank, or merging banks, shall file in the office of the Secretary of State an application in duplicate, signed by its or their chief executive officers, and by a majority of the entire board or board of directors, and setting forth the following: Filing of approved agreement. 1. The name and location of the converting bank, or of each of the banks which have been merged or consolidated, with the date of their original charters and all amendments thereto, respectively.

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2. The date of the plan of conversion or merger and the dates of the resolutions of the directors and of the shareholders of the respective banks approving the said plan of conversion or merger. 3. The name under which the resulting state bank intends to do business, and the particular city, town or village where its principal office is to be located. 4. The amount of capital stock, together with the number and class of shares, and the par value thereof, evidencing said capital stock. 5. The number of the directors of the resulting bank. 6. The purposes and nature of the business proposed to be conducted, with any other matters which it may seem desirable or pertinent to state. Said resulting bank shall pay to the Secretary of State at the time of filing said application a fee of $50.00, to be covered by him into the treasury of the State. The resulting bank may also acquire all the rights, powers, privileges, and immunities, and be subject to all of the liabilities and restrictions conferred and imposed upon trust companies under Title 109 of the Code of Georgia of 1933, as amended in addition to the usual banking powers, as conferred and described in Title 13 of said Code, provided the resulting bank shall have a capital stock actually paid in of at least $100,000.00; and, provided further, that said resulting bank shall pay to the Secretary of State upon filing said application a fee of $25.00, in addition to the fee of $50.00 above provided, in all cases where trust company powers are desired, as above set forth. Immediately upon filing the said application the Secretary of State shall transmit one copy thereof to the Superintendent of Banks. When said application shall have been approved by the Superintendent of Banks, and certificate of such approval filed by him with the Secretary

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of State, as provided in Section 13-905, as amended, of the Code of 1933 of Georgia, the Secretary of State shall issue to the said resulting bank a certificate under the seal of the State, certifying that the named bank or banks have been converted, or merged, as the case may be, under the name adopted, and with the capital stock in said application set forth, which certificate shall be the charter of the converted or merged bank or banks; and the Secretary of State shall record the application, the certificate by the Superintendent of Banks approving the same, and his certificate, in the order named. Section 7. Continuation of business and corporate entity . The franchise of a national banking association, as a national banking association, shall automatically terminate when its conversion into or its merger with a state bank, under a state charter, is consummated, and the resulting state bank shall be considered the same business and corporate entity as the national banking association, although as to rights, powers, and duties the resulting bank is a state bank. Any reference to such national banking association in any contract, will, or document, shall be considered a reference to the state bank if not inconsistent with the provisions of the contract, will, or document or applicable law. Continuation of business and corporate entity. Section 8. Publication of application for conversion or merger . When the application for conversion, or merger, as the case may be, is filed with the Secretary of State, he shall certify one of the copies thereof and deliver same to the applicants, and the same shall be published by the applicants in the newspaper in which the sheriff's advertisements of the county, in which the resulting bank is to be located, are published, once a week for four weeks. Publication of application for conversion or merger. Section 9. Publication of notice of conversion or merger . Notice of the conversion, or merger of banks had under this Act, in the corporate names, respectively, of the said banks so converted, or merged, shall be published once a week for four weeks in the newspaper which publishes the sheriff's advertisements of the county in which said banks so converted, or merged, are or were located;

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and if the banks so converted, or merged were located in different counties, such notice shall be published in such newspaper in each county. Such notice shall give the name of the bank into which the other or others shall be converted, or merged, and the place at which the office of such converted, or merged bank is or shall be located, and it shall state that such converted, or merged bank has taken over the assets of the banks respectively, entering into the conversion, or merger agreement, and has assumed the liabilities of such banks, including the liabilities to depositors. Notice of conversion or merger. Section 10. Surrender of original and issue of new certificates of stock . The bank into which the other or others have been converted, or merged, as the case may be, shall have the right to require the return of the original certificates of stock held by each stockholder in each or either of the banks, and in lieu thereof to issue new certificates for such number of shares of the bank into which the other or others shall have been converted, or merged, as under the plan of conversion, or merger, the said stockholder may be entitled to receive. Stock certificates. Section 11. Transfer of business and assets on conversion or merger . Upon the conversion, or merger of any bank or banks in the manner herein provided, all and singular, the rights, franchise, duties and liabilities, and the interests of the bank or banks so converted, or merged, and all the assets of every kind and character, including real and personal property and choses in action thereunto belonging, shall be deemed to be transferred to and vested in such resulting bank, without any deed, transfer or assignment, and the said resulting bank shall hold, enjoy and be subject to the same, in the same manner and to the same extent as the converted, or merged banks respectively, had, held, owned, enjoyed and was subject to the same. Transfer of business and assets. Section 12. Rights of creditors and others . The rights of creditors of any bank that shall be converted, or merged shall not be impaired in any manner by any such conversion, or merger; nor shall any liability or obligation

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for the payment of any money due or to become due, or any claim or demand in any manner or for any cause existing against such bank, or against any stockholder thereof, be in any manner released or impaired; and all the rights, obligations and relations of all the parties, creditors, depositors, and others, shall remain unimpaired by such conversion or merger. Such bank into which the other or others shall be converted, or merged, as the case may be, shall succeed to all obligations, trusts and liabilities, and be held liable to pay and discharge all such debts and liabilities and to perform all such trusts in the same manner as though such bank into which the other or others shall have become converted, or merged, had itself incurred the obligation or liability; and the stockholders of the respective banks shall continue, subject to all the liabilities, claims and demands, existing against them as such, at or before such conversion, or merger; and no suit, action or other proceeding when pending before any court or tribunal in which any bank that may be converted, or merged is a party, shall be deemed to have abated or been discontinued by reason of any such conversion or merger, but the same may be prosecuted to final judgment in the same manner as if said bank had not entered into said agreement, or the resulting bank, as the case may be, may be substituted in the place of any bank so converted, or merged by order of the court in which such action, suit or proceeding may be pending. The resulting bank shall be subject to be sued in any court having jurisdiction, upon any cause of action against any of the banks so converted, or merged, in the same manner as if such cause of action had originated against such bank into which the other or others have been so converted, or merged or against such resulting bank. Rights of creditors and others. Section 13. Rights of dissenting stockholders . A shareholder of a bank who votes against its conversion, or merger into a state bank, or who has given notice in writing to the bank at or prior to a meeting of the shareholders for the purpose of voting on such conversion, or merger that he dissents from the plan, shall be entitled to receive in cash the value of the shares held by him and

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voted against said plan, if and when the conversion, or merger is consummated, upon written request made to the resulting state bank at any time before thirty days after the date of consummation of such conversion, or merger, accompanied by the surrender of his stock certificate. The value of such shares shall be determined as of the date on which the shareholders' meeting was held authorizing the conversion, or merger, by a committee of three persons, one to be selected by unanimous vote of the dissenting shareholders entitled to receive the value of their shares, one by the directors of the resulting state bank, and the third by the two so chosen. The valuation agreed upon by any two or three appraisers thus chosen shall govern; but, if the value so fixed shall not be satisfactory to any dissenting shareholder who has requested payment as provided herein, such shareholder may, within five days, after being notified of the appraised value of his shares, appeal to the Comptorller of the Currency, in the case of a shareholder in a national banking association, or to the Superintendent of Banks in the case of a shareholder in a state bank, who shall cause a reappraisal to be made, which shall be final and binding as to the shares of the appellant. If, within ninety days from the date of consummation of the conversion, or merger, for any reason one or more of the appraisers is not selected as herein provided, or the appraisers fail to determine the value of such shares, the Comptroller or the Superintendent of Banks, as the said case may be, shall, upon written request of any interested party cause an appraisal to be made, which shall be final and binding on all parties. The expenses of the Comptroller and/or the Superintendent of Banks in making the reappraisal, or the appraisal as the case may be, shall be paid by the resulting state bank. The plan of conversion shall provide the manner of disposing of the shares of the resulting state bank not taken by the dissenting shareholders of the national banking association. Rights of dissenting stockholders. Section 14. Cumulative provisions of this law. The provisions of this Act shall not be construed as being inconsistent with, or repealing Section 13-1301 through 13-1304 dealing with the conversion of national banks

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into state banks and Sections 13-1401 through 13-1407 dealing with merger or consolidation of banks, but this Act merely provides additional or alternative procedures. Provisions. cumulative. Section 15. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 17, 1953. STATE HIGHWAY BOARDCONTRACTS WITH STATE BRIDGE BUILDING AUTHORITY. No. 145 (Senate Bill No. 2). An Act to amend an Act creating the State Highway Board, approved February 2, 1950 (Ga. Laws 1950, p. 62), as amended by an Act approved February 5, 1951 (Ga. Laws 1951, p. 31), so as to expressly authorize the State Highway Board to execute lease contracts for the use of projects as provided for in the State Bridge Building Authority Act, and to obligate the Department to perform the same; to provide for a limitation upon the amount of such obligations; to designate certain funds which may be pledged for the payment of such obligations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to repeal an Act approved March 17, 1943 (Georgia Laws 1943, p. 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

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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, approved February 2, 1950, (Ga. Laws 1950, p. 62), as amended by an Act approved February 5, 1951 (Ga. Laws 1951, p. 31), is hereby amended by inserting after the words contract and before the word The in line eight of Section 12 the words except that the State Highway Board in the administration of the State Highway Department is hereby expressly authorized to enter into lease contracts with the State Bridge Building Authority, and may obligate the Department to pay lease rentals for the use of projects according to the provisions of the State Bridge Building Authority Act, provided that the total of such lease rentals, contracted to be paid at any time, shall never exceed $2,500,000.00 per annum. For the purpose of paying said lease rentals such funds as may be received by the State Highway Department for the cost of maintaining, improving and reconstructing the roads and bridges on the State highway system and the cost incident thereto, may be pledged by the State Highway Board in the administration of the State Highway Department for the payment of such lease rentals, so that said Section when so amended shall read as follows: 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 have funds on hand to pay at the time of making said debt or entering said contract; except that the State Highway Board in the administration of the State Highway Department is hereby expressly authorized to enter into lease contracts with the State Bridge Building Authority, and may obligate the Department to pay lease rentals for the use of projects according to the provisions of the State Bridge

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Building Authority Act, provided that the total of such lease rentals contracted to be paid at any time shall never exceed $2,500,000.00 per annum. For the purpose of paying said lease rentals such funds as may be received by the State Highway Department for the cost of maintaining, improving and reconstructing the roads and bridges on the State highway system and the cost incident thereto, may be pledged by the State Highway Board in the administration of the State Highway Department for the payment of such lease rentals. The Chairman of the Highway Board shall advertise for competitive bids on all road contracts, bridge contracts, and all other construction contracts, involving funds in the amount of $1,000.00 or more, all of which must be approved by the State Highway Board or a majority thereof in writing and no contract shall be made or let without two or more bids from reliable individuals, firms or corporations, except contracts with political subdivisions or other departments of the State which shall be let 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. Lease contracts with State Bridge Building Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1953. STATE BRIDGE BUILDING AUTHORITY ACT. No. 146 (Senate Bill No. 3). An Act to create the State Bridge Building Authority; to authorize the Authority to acquire from the State, rights of way, and to construct thereon, self-liquidating projects embracing bridges and the approaches as defined in this Act, such projects to be leased to, and operated, maintained and repaired by the State Highway Department as a part of the State highway system; to confer powers and impose duties on the Authority;

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to provide for the appointment of members of the Authority; to authorize the Authority and the State Highway Department to execute leases and contracts pertaining to such projects; to authorize the issuance of revenue bonds of the Authority, payable from the revenues, rents and earnings of the Authority; to pay the cost of such projects and authorize the collection and pledging of revenues and other charges for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the execution of trust indentures to secure the payment of such bonds, and to define the rights of the holders of such bonds; to provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; to make bonds of the Authority legal instruments and also exempt from taxation; to provide for the Authority to purchase rights to way at a nominal price from the State of Georgia; to provide the method for fixing such nominal prices; and to provide for the State Highway Board to convey such rights of way to the Authority; to authorize the issuance of revenue refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of the Act and to provide that such bonds be validated; to provide that the State Highway Department shall be liable under applicable laws for injury occurring on the projects; to provide for a cessation of rentals upon liquidation of the projects; to provide for payment of furnishing by the State Highway Department of preliminary engineering and traffic studies and reports out of available funds which may be reimbursed out of proceeds from the sale of revenue bonds; providing for the severability of the provisions of this Act; providing for the repeal of all laws and parts of laws in conflict with this Act, and for other purposes. Whereas, it is necessary to provide additional bridges of durable and lasting construction within the highway system of the State and to replace many substandard and worn out bridges within the highway system of the State which are hazards to traffic and which presently

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require a large annual maintenance expenditure, and Whereas, it is advisable to authorize the financing in whole or in part of the construction of such bridges without creating any debt of the State, by the issuance of revenue bonds of the Authority for that purpose. Be it, therefore, enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. Short Title. This may be cited as the State Bridge Building Authority Act. Title. Section 2. State Bridge Building Authority. There is hereby created a body corporate and politic to be known as the State Bridge Building 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 the laws and equity. State Bridge Building Authority. The Authority shall consist of three members, one of whom shall be the Chairman of the State Highway Board. The remaining two members of the Authority shall be appointed by the Governor in such manner that the term of one member shall expire July 1, 1956, and the term of the other member shall expire July 1, 1959. Their successors shall be appointed for terms of six years from the date of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and another as vice-chairman, and a secretary and treasurer, who need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the 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,

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but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have a perpetual existence. The members of the Authority shall be accountable in all respects as trustees, the Authority shall keep suitable books and records of all the existing bridge rental contracts, all income and receipts of every nature and all expenditures of every kind and shall submit such books together with a statement of the Authority's financial position, to the State auditor for such audit and inspection as the State Auditor may deem wise, one time a year on or about the close of the State's fiscal year. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: Definitions. (a) The word Authority shall mean the State Bridge Building Authority created by Section 2 of this Act. (b) The word project shall be deemed to mean and include a bridge (as defined in subparagraph (c) of this section) together with the approaches (as defined in subparagraph (d) of this section) thereto. (c) The word bridge shall be deemed to mean a structure of standard design approved by the State Highway Department or its successors in office erected in order: 1. To afford unrestricted vehicular passage over obstructions in the public highways of the State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals, and 2. To afford unrestricted vehicular passage under existing railroads and public highways. (d) The word approach shall be deemed to mean

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not more than one half mile of the traffic artery on either end of the bridge and within that limit shall mean so much of the traffic arteries on either end of the bridge as shall be required to develop the maximum traffic capacity of the bridge, including necessary grading, paving, minor drainage structure and other construction necessary to the approach. (e) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery, and equipment necessary for operation of the project, financing charges, interest prior to and during construction, cost of engineering, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility, or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, and the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Chapter for such project. (f) The term revenue bonds as used in this Act shall mean revenue certificates as defined in the Revenue Certificate Law of Georgia of 1937, as amended. (g) Any project or combination of projects shall be deemed self-liquidating if, in the judgment of the Authority, the revenues, rents, or earnings to be derived by the Authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. Section 4. Powers. The Authority shall have the powers:

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(1) To have a seal and alter the same at pleasure; (2) To acquire, by purchase, lease or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes. Powers. (3) To appoint such additional officers, who need not be members of the Authority as the Authority deems advisable, and to employ such experts, employees, and agents as may be, in its judgment, necessary; to fix their compensation and to promote and discharge such officers, employees, and agents; provided, however, that the total compensation paid such officers, employees, and agents shall not exceed the sum of $25,000.00 per annum. (4) To make such contracts as the legitimate and necessary purposes of this Act shall require and to execute and perform such bridge lease contracts with the State Highway Board as shall be consonant with all the requirements of this Act, and to make all contracts necessary for the projects as defined and described in this Act; provided, that all contracts for the construction of projects shall be let by public bid upon plans and specifications approved by the State Highway Board or their successors in office. (5) To construct, erect, repair, own, maintain, add to, extend, improve, operate and manage projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such projects to be paid in whole from the proceeds of revenue bonds of the Authority. (6) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (7) To exercise any power usually possessed by private corporations performing similar functions, which

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is not in conflict with the Constitution and laws of this State; and (8) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Incidental Powers: (1) In addition to the foregoing powers the Authority and its authorized agents and employees may enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this Act, and such entry shall not be deemed a trespass. The Authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities. Incidental powers. (2) The Authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility in, on, along, over or under any project. Section 6. Power to Convey Highway Rights of Way . It is found, determined, and declared that the welfare of the State of Georgia will be served by the creation of this Authority, and that, to the end of accomplishing the purposes of the Authority, the power and authorization to convey for and on behalf of the State so much of the State's highway rights of way as shall be necessary to the accomplishment of the purposes of this Act, is hereby, by authority of the sovereign legislature of the State, delegated to the State Highway Board. Upon the exercise of this power and authority by the State Highway Board, the Governor of the State is requested to execute such conveyances as may be made under this authority upon receipt of such nominal consideration as a committee composed of the Governor, the Attorney-General, and the State Auditor shall determine to be meet and proper for each such individual conveyance. Power to convey highway rights of way.

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Section 7. Power to Initiate Projects . The State Highway Board and its successors for the benefit of the State Highway Department and its successors is authorized and empowered to request the Authority to consider the financing and construction of any project which may be desirable in the opinion of said board, and, in the interest of making such consideration possible, the State Highway Board is authorized in its discretion to expend from any funds available to it such sums as may be necessary for the survey and study of any projects, such expenditures may include those necessary for any and all traffic surveys, expert studies, and all other expenses incurred by the department in establishing the feasibility of any given project and in the execution of all plans and specifications necessary for its construction and all engineering supervision required in its construction. The board shall keep proper records which shall reflect the amounts so spent on each and every project requested. Upon the completion of any given project or projects financed by any given revenue bond issue, so long as there shall be funds available in the hands of the Authority from the issue of revenue bonds to finance such project or projects, the Highway Department may request, and the Authority may grant, the reimbursement of such expenditures, however, if not reimbursed said expenditures shall be legitimate expenses of the Highway Department. The Authority for the purposes of this Act, and upon the receipt of such studies, plans and specifications and other aids and conveyances which the State Highway Board shall furnish to it, shall, under its revenue bond powers, arrange for the financing of, and pursuant to its competitive bid contracting powers, procure the construction of desirable permanent projects upon such rights of way and between such bridgeheads as said State Highway Department shall to it convey; provided, that all studies, surveys, planning, engineering planning and construction supervision shall be done by the State Highway Department or its agents, unless specific authorization is given to the Authority by the State Highway Board to perform these duties with its own agents and employees. Power to initiate projects.

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Section 8. Power to Lease Projects . The Authority is authorized and empowered, as owner of such projects as it may cause to be constructed, to offer, as lessor, to lease, and the State Highway Board or its successors, for and on behalf of the State Highway Department and/or its successors is authorized and empowered to accept and execute leases for the use of such projects for terms not exceeding 50 years from the date of execution; such leases may provide for the advance payment of agreed sums of yearly or monthly rental, which payments may begin on execution of leases, such dates being prior to the completion of such projects or otherwise, and may obligate the State Highway Board and/or the State Highway Department and/or their successors to pay such sums for the lease of such project and in addition to obligate itself to pay for, or perform all maintenance, upkeep and repair or any other reasonable expense of such project; provided, that no such lease shall be binding upon the State Highway Board or a valid act of the Authority until and unless the Authority shall have secured a certificate from the State Auditor that the yearly rental obligations under such lease shall fall within the existing power of the State Highway Department to make such obligations pursuant to Section 12 of the State Highway Board Act, as amended. Provided, that the State Highway Board acting under this authority shall have the power to make such examinations of the books, records, and contracts of the Authority as may be necessary for the purpose of establishing the reasonableness of the sums to be charged as project rental in any case and said board shall in every instance have the power to refuse to execute such lease contracts as shall in its opinion be unreasonable; if the State Highway Board should refuse to execute a lease contract with the Authority on any site of which a conveyance has been made by the State Highway Board within a reasonable time after the offering of a lease by the Authority upon a given bridge site, all right, title, and interest of the Authority in said site shall revert to the State of Georgia; all projects constructed by the Authority and leased by the State Highway Board pursuant to the provisions of this Act are hereby declared to be

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a part of the State Highway system of Georgia, regardless of their location. Power to lease projects. Section 9. Power to Add Lease Covenants . The Authority is authorized and empowered as owner-lessee to require, and the State Highway Board and/or its successors, for and on behalf of the State Highway Department and/or its successors, is authorized and empowered to bind itself, as additional lease consideration, to lease convenants and obligations providing for its liability for any and all damages to persons or property occurring upon the projects leased to it by the Authority; the several counties, individually, are also hereby authorized to become parties to such lease project contracts for the purpose of binding themselves, as further additional lease consideration for such leases, to covenants and obligations providing for their liability for any and all damages to persons or property occurring upon such projects in accordance with the existing provisions of law relating to the liability of counties incident to the public use of such projects. Power to add lease covenants. Section 10. Cessation of Rentals . When all bonds issued under the provisions of this Act to finance any project or projects and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, such project or projects shall thenceforth be maintained as a part of the State Highway system, free from any and all rental consideration, provided that the State Highway Department shall maintain and keep in repair such free project or projects. Cessation of rentals. Section 11. Projects, Revenues, Rents, and Earnings; Use . The Authority is hereby authorized to fix rentals and other charges which the State Highway Department shall pay to the Authority for the use of each project and to charge and collect the same, to lease and make contracts with the State Highway Department with respect to the use by said department of any project. Such rentals and other charges shall be so fixed and adjusted

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in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide for a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects including reserves for extraordinary repairs, and other reserves required by the resolution of trust indentures, unless such cost shall be otherwise provided for, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due (c) the pro rata share of the Authority's reasonable and necessary administrative and operating expenses as may be justifiable, including any sum or sums that may be due and owing to the State Highway Department as a result of expenditures made by that Department in the preliminary studies and surveys which it may have made on projects of the Authority, and (d) any excess income which may be required by the bond purchasers or dictated by the requirements of achieving ready marketability and low interest rates upon the revenue bonds issued to finance the Authority project or projects. Projects, revenues, rents, and earnings. Section 12. Authority Fund . All excess revenue of the Authority of any nature, together with all unpledged or surplus revenues of any project of the Authority and all unused receipts, gifts, or monies received of every kind and nature whatsoever shall be and become the Authority fund. The Authority, in its discretion, is charged with the duty of pledging, utilizing, or expending the Authority fund for the following purposes: (1) Pledges to the payment of any revenue bond issue requirements, sinking or reserve funds, as may be provided for under Section 26 hereof. (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses. (3) The construction of any projects requested by the Highway Board whose cost of construction may amount to a sum less than the accumulated balance in said Authority fund. (4) The most advantageous obtainable redemptions and retirements of the Authority's bonds pursuant to the prepayment redemption privileges accorded to the Authority in the

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various issues of bonds outstanding. (5) The most advantageous open market purchase of the Authority's bonds that the Authority may accomplish. (6) Investment at the highest interest rate obtainable in U. S. Government securities of guaranteed convertibility or maturities not in excess of one year; provided, that all funds so invested and all earnings of such funds shall always be available to, and ultimately expanded for the other purposes of this section. Authority fund. Section 13. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations as approved by the State Highway Department for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of each such project. Operation of projects. Section 14. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized, at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed thirty million dollars ($30,000,000) outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at the lowest rates obtainable, payable in such manner of payment as to both principal and interest as may be determined by the Authority; with a maturity no later than 20 years from the date of issuance, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Revenue bonds. Section 15. Same: Form: Denominations: Registration:

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Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Form, denomination, place of payment. Section 16. Same: Signatures: Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Signatures, seal. Section 17. Same: Negotiability: Exemption from Taxation. All revenue bonds issued under the provisions of this Chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Negotiability; taxation. Section 18. Same: Price: Sale. The Authority may sell such bonds in such manner and for the best price

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and interest rates obtainable as it may determine to be for the best interests of the Authority and the State in the achievement of the purposes of this Act. Price; sale. Section 19. Same: Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects, and shall be disbursed upon requisition or order of the chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Proceeds. Section 20. Same: Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Interim receipts, etc. Section 21. Same: Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Lost or mutilated bonds. Section 22. Same: Conditions Precedent to and Object of Issuance. Resolutions for the issuance of such

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revenue bonds may be adopted without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Chapter. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of projects at any one location or any number of locations. Any resolution, providing for the issuance of revenue bonds under the provisions of this Chapter shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Conditions precedent to and object of issuance. Section 23. Same: Credit of State Not Pledged. Revenue bonds issued under the provisions of this Chapter shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Credit of State not pledged. Section 24. Same: Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Resolutions providing for the issuance of revenue bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of any receiver or indenture trustee to enforce collection of rents, revenues, or other charges for the use of the project or projects necessary to pay all costs of operation, the principal and interest on the issue and costs of collection, and all things reasonably necessary

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to accomplish the collection of such sums, in the event of any default of the Authority, and such resolutions or trust indentures may include covenants setting forth the duties of the Authority in relation to the acquisition of the property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding, and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision of State Highway Department engineers or others satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem advisable, reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture or an administrative expense of the Authority. Security. Section 25. Same: To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Chapter

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and such resolution or trust indenture may provide. Proceeds, to whom Section 26. Pledges of Revenues. The revenues, rents and earnings derived from any particular project or combined projects or any and all funds from any source received by the State Highway Department and pledged and allocated by it to the Authority as security for the performance of any lease, or leases; or, any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged by the Authority to payment of principal and interest on revenue bonds of the Authority as any resolution authorizing the issuance of the bonds or trust instrument may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture, surplus monies in all such sinking funds may be applied to the Authority fund as herein defined. Pledge of revenues. Section 27. Same: Remedies of Bondholders. Any holder of revenue bonds or interest coupons issued under

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the provisions of this Chapter, any receiver for such holders or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Chapter or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue may be subrogated to each and every right, specifically including the contract rights of collecting rentals, which the Authority may possess against the State Highway Board and/or the State Highway Department or their respective successors; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State. Remedies of bondholders. Section 28. Same: Refunding Bonds : The Authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holder

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thereof and the duties of the Authority in respect to the same, shall be governed by the foregoing provision of this Chapter insofar as the same may be applicable. Section 29. Same: Bonds as Legal Investment: Security for Deposit . The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Legal investments, security. Section 30. Same: Exemption from Taxation: Covenant of State . It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Chapter and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the projects erected by it or any fees, rentals or other charges for the use of such projects or other

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income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation from within the State. Exemption from taxation. Section 31. Same: Venue and Jurisdiction . Any action to protect or enforce any rights under the provisions of this Chapter, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Chapter shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Venue of actions. Section 32. Same: Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall also make party defendant so as to sue such action the State Highway Department when that department has contracted with the State Bridge Building Authority for the use of any project for which bonds have been issued and sought to be validated, and the said department shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the contract adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, and against the Authority issuing the same and the State Highway Department in its contract or contracts with the State Bridge Building Authority. Validation. Section 33. Same: Interest of Bondholders Protected . While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will effect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of the Act shall be for the

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benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Interests of bondholders. Section 34. Same: Powers Declared Supplemental and Additional . The foregoing sections of this Chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 35. Liberal Construction of Chapter . This Chapter being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 36. Effect of Partial Invalidity of Chapter . The provisions of this Chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect the remaining provisions. Section 37. Repealing Clause . All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 17, 1953. NOTE: This law superseded by Act No. 495, page 626, becoming effective the 25th day of March, 1953. HOSPITAL AUTHORITIESTAX POWERS. No. 148 (Senate Bill No.24). An Act to amend that Act of the General Assembly entitled Hospital Authorities Created, known as the Hospital Authorities Law, (Acts 1941, pp. 241-250), approved March 27, 1941 (Title 99 (Social Welfare), Chapter 15 (Hospital Authorities) of the Code of Georgia of 1933 Annotated), as amended by an Act

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approved March 8, 1945 (Acts 1945, pp. 349-350), as amended by an Act approved March 27, 1947 (Acts 1947, p. 1138) and as amended by an Act approved February 25, 1949, (Acts 1949, p. 1141) by amending Section 10 of said Act as so amended relating to the power of taxation with respect to hospital authorities and with respect to the power to levy taxes to provide revenues for use by counties or by cities or towns for the purpose of complying with the terms of their contracts with hospital authorities, so that pursuant to amendment said section and said hospital authorities law shall provide power in such political subdivisions to levy up to five (5) mills for such purposes as contained in said Section 10 prior to this amendment and power to levy two (2) additional mills which may be used exclusively in compliance with such contracts for the purpose of acquiring, constructing, equipping, altering, modernizing or repairing hospital projects as defined in said hospital authorities law or payment of revenue certificates or bonds issued to provide for the cost of acquiring, constructing, equipping, altering, modernizing or repairing such hospital projects; 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 authority of the same, as follows: Section 1. Section 10 of Act No. 336 entitled Hospital Authorities Created, known as the Hospital Authorities Law (Acts 1941, pp. 241-250), approved March 27, 1941, as amended by an Act approved March 8, 1945 (Acts 1945, pp. 349-350), as amended by an Act approved March 27, 1947 (Acts 1947, p. 1138), and as amended by an Act approved February 25, 1949 (Acts 1949, p. 1141), is hereby amended by striking the period at the end of the sentence ending with the word Authority in line twenty-three of said section and substituting therefor a semicolon and inserting following said semicolon certain language, as follows: Sec. 10 amended.

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Provided, however, that in addition to the aforesaid five mill levy, counties, cities or towns which have executed contracts with hospital authorities are hereby authorized to levy annually an additional ad valorem tax not exceeding two mills exclusive of all other taxes, from which additional revenues when realized there shall be appropriated sums to be used exclusively to pay for the cost of acquiring, constructing, equipping, altering, modernizing or repairing by authorities of any project as defined in this Act, pursuant to the contract between such participating subdivisions and an authority, such cost including but not being limited to the principal and interest, and sinking fund and reserve requirements, on revenue certificates or bonds issued by authorities to acquire, construct, equip, alter, modernize or repair such projects; provided further, the foregoing authorization to levy up to two mills additional tax to be used exclusively for acquiring, constructing, equipping, altering, modernizing or repairing projects, is not intended and shall not be construed as a limitation, reduction or restriction with respect to the levy and use of the aforesaid five mills tax first provided in this section. So that said Section 10 of said Act, as amended, shall read as follows: An authority shall have no power to tax, but upon the adoption of the resolution by the governing body or bodies of participating units or subdivisions as herein provided and the execution of a contract for the use of facilities or services of the authority by political subdivisions or participating units as hereinafter authorized, provision shall be made annually by such participating units or political subdivisions contracting with an authority for the payment for the services or facilities of the authority used by the participating units or subdivisions or the residents thereof out of general funds of the participating unit or subdivision or out of tax revenues realized for the purpose of providing medical care or hospitalization for the indigent sick and poor. For the purpose of providing such tax revenues there is hereby authorized to be levied an ad valorem tax not

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exceeding five mills exclusive of all other taxes which may be levied by counties or by cities or towns which have executed contracts with hospital authorities, from which revenues when realized there shall be appropriated annually sums sufficient to pay for the cost of the use of the services and facilities of authorities by participating subdivisions or the residents thereof pursuant to the contract between such participating units and subdivisions and an authority; provided, however, that in addition to the aforesaid five mill levy, counties, cities or towns which have executed contracts with hospital authorities are hereby authorized to levy annually an additional ad valorem tax not exceeding two mills exclusive of all other taxes, from which additional revenues when realized there shall be appropriated sums to be used exclusively to pay for the cost of acquiring, construction, equipping, altering, modernizing or repairing by authorities of any project as defined in this Act, pursuant to the contract between such participating subdivisions and an authority, such cost including but not being limited to the principal and interest, and sinking fund and reserve requirements, on revenue certificates or bonds issued by authorities to acquire, construct, equip, alter, modernize or repair such projects; provided further, the foregoing authorization to levy up to two mills additional tax to be used exclusively for acquiring, constructing, equipping, altering, modernizing or repairing projects, is not intended and shall not be construed as a limitation, reduction or restriction with respect to the levy and use of the aforesaid five mills tax first provided in this section. For the purpose of using such facilities any city, town, municipality or county is hereby authorized by action of its governing body to enter into contracts with an authority for such periods of time not exceeding thirty years as shall be necessary to provide for the continued maintenance and use of the facilities of an authority; sums due and payable under such contract shall be determined from year to year during the period of such contract and no sums shall be paid for the services in excess of the amounts necessary to provide for the maintenance and operation of projects of authorities and such sums as shall be necessary

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to provide adequate and necessary facilities for medical care and hospitalization of the indigent sick and poor, including reasonable reserves necessary for expansion and necessary for the payment of the cost of facilities of the project; the contracts herein authorized to be entered into between cities, towns, municipalities or counties or any combination thereof with authorities may provide for the conveyance or lease of any existing hospital facilities or projects as herein defined to an authority created by any such cities, towns, municipalities or counties for a nominal consideration only, provided that such conveyance shall contain a clause providing that upon dissolution of the authority and providing further shall revert to the city, town, municipality or county conveying the same to the authority and providing further that no property so conveyed may be mortgaged or in any way given as security for an indebtedness of the authority; this limitation, however, is not to be construed as limiting the right of the authority to pledge or hypothecate revenues which may be realized by the authority from the operation of any property so conveyed to the authority. Any property conveyed or leased to an authority by cities, towns, municipalities or counties shall be operated by the authority to which the same is conveyed together with other facilities of the authority in accordance with and under the provisions of this Act and the resolution of the governing body or bodies of participating units. Should an authority, acquire by purchase existing hospital facilities of political subdivisions and pay the reasonable value therefor, nothing in this Act shall be construed to prevent the hypothecation or mortgaging of such facilities as security for the repayment of any indebtedness which may be legally incurred by such authority. Tax 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. Approved February 17, 1953.

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TRUST FUNDSLEGAL INVESTMENT. Code 56-224, 108-417, 113-1518 Amended. No. 149 (Senate Bill No. 28). An Act to provide that deposits of funds at interest in a chartered state or national bank or trust company shall be legal investments for fiduciaries, and for certain other persons, organizations, associations and corporations, provided that the bank or trust company in which such deposits are made is insured in the Federal Deposit Insurance Corporation in an amount sufficient to cover such deposits; to make provision for the holding and investment of trust funds by any such banks and trust companies which are themselves fiduciaries; to authorize said deposits at interest as legal investments without express order or authority of any court; to amend, modify and revise the following sections of the Georgia Code of 1933, to wit: Section 56-224, dealing with investments by insurance companies; Section 108-417, dealing with investments by trustees; and Section 113-1518, dealing with investments by executors and administrators; so as to conform said sections of the Code to the provisions 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. Deposits of funds at interest in a bank or trust company, whether chartered under the laws of the State of Georgia or of the United States, shall be authorized and legal investments for the trust funds of administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature, and also for the funds of all insurance corporations, credit unions, fraternal benefit societies, charitable, educational, eleemosynary and municipal corporations and building and loan associations, and savings, and loan associations, whether incorporated under the laws of Georgia or of the United

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States; provided, however, that the bank or trust company in which any such deposits are made, is insured in the Federal Deposit Insurance Corporation in an amount sufficient to cover such deposits. Deposits in insured banks and trust companies. Section 2. Any bank or trust company holding funds in a fiduciary capacity is hereby authorized to deposit said trust funds with itself at interest, provided it is insured by the Federal Deposit Insurance Corporation, and such deposit shall be deemed an investment and is authorized to the extent that said deposit is insured by said corporation. Section 3. Deposits of trust funds at interest in a chartered state or national bank or trust company as herein authorized as legal investments, may be made without permission, authority or approval of any court, commission or other regulatory authority; and no person, firm, corporation, association, or fiduciary authorized and making such deposits under the authority of this Act shall be liable to account for a greater rate of interest than the amount actually received on any such investment. Section 4. In accordance with the provisions of this Act the following Sections of the Georgia Code of 1933, viz., Section 56-224, dealing with investments by insurance companies; Section 108-417, dealing with investments by trustees; and Section 113-1518, dealing with investments by executors and administrators, are each hereby amended so as to conform to the provisions of this Act, by adding to or incorporating in each of said Code Sections the following provision: Code sections amended. Deposits of funds at interest in any chartered state or national bank or trust company, located in this state, and which is insured by the Federal Deposit Insurance Corporation, shall be deemed investments, and such deposits are authorized as legal investments, to the extent that said deposits are insured by the said Federal Deposit Insurance Corporation, without any order or authority from any court.

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The naming of the aforesaid specific sections of the Code which are hereby amended, shall not negative the amendment or modification by necessary implication of other Code Sections which may be inconsistent with the provisions hereof, although they may not be specifically referred to herein. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1953. BOARD OF EDUCATIONMEETINGS, TRAVEL. No. 150 (House Bill No. 16). An Act to provide that the State Board of Education or a committee of the board may hold committee meetings anywhere within or without this State; to provide that members may travel on board business within or without this State; to provide for per diem and necessary travel expense; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. From and after the passage of this Act, the members of the State Board of Education as a committee or any committee of the board when authorized by board action taken at a meeting held in the State Capitol in the Department of Education may hold committee meetings anywhere within or without this State when necessary to obtain information for future guidance of the board, however, no action of the State Board of Education shall be of force and effect unless such action is taken at a regular or call meeting of the board held at the State Capitol in the Department of Education as provided by law. Meetings.

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Section 2. The State Board of Education may authorize any member of said board to travel within or without this State if necessary to obtain information for the guidance of the State Board of Education, however, said member shall not be authorized to make commitments for the State Board of Education on any matter that requires action of the board as provided by law. Travel. Section 3. All members of the State Board of Education shall be paid by the State Department of Education twenty dollars ($20.00) per diem for every day in attendance at meetings of the said board at the State Capitol in the Department of Education or while traveling as a member of a committee of said board which has been authorized by action of the board, plus actual traveling expenses. Per diem. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1953. GWINNETT SUPERIOR COURT TERMS. No. 151 (House Bill No. 123). An Act to amend an Act entitled An Act to create a new judicial circuit, to provide a judge and solicitor-general for said circuit, to amend an Act approved August 19th, 1918, entitled an Act to abolish the fee system now existing in the superior courts of the Western Judicial Circuit, providing for the payment of a salary of the solicitor-general and for the purpose of paying the salary of said solicitor-general, by amending Paragraph 1 of Section 2 of said Act, and for other purposes, approved August 8, 1923 (Ga. Laws 1923, p. 76), so as to change the time for holding the Superior Court of Gwinnett County; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create a new judicial circuit, to provide a judge and solicitor-general for said circuit, to amend an Act approved August 19th, 1918, entitled an Act to abolish the fee system now existing in the superior courts of the Western Judicial Circuit, providing for the payment of the salary of the solicitor-general and for the purpose of paying the salary of said solicitor-general, by amending Paragraph 1 of Section 2 of said Act, and for other purposes, approved August 8, 1923 (Ga. Laws 1923, p. 76), is hereby amended by striking from line four of Section 5 of said Act the word September and inserting after the word December in line four of Section 5 of said Act the phrase and on the first Tuesday in September, so that said section when so amended will read as follows: Sec. 5. Be it further enacted by the same authority, that the courts of the counties of the Piedmont Circuit shall be held as follows: Gwinnett County, on the first Mondays in March, June, and December, and on the first Tuesdays after the first Monday in September; Barrow County, on the fourth Monday in March, third Monday in June, fourth Monday in September and third Monday in December; Jackson County, on the first Mondays in February and August; Banks County, on the third Mondays in March and September. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1953. RURAL TELEPHONE COOPERATIVE ACT AMENDED. No. 153 (House Bill No. 134). An Act to amend an Act providing for rural telephone

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cooperative corporations and providing for rural telephone service, which Act is known as the Rural Telephone Cooperative Act, approved February 15, 1950 (Ga. Laws 1950, p. 192), as amended, particularly as amended by an Act apprved January 31, 1952 (Ga. Laws 1952, p. 4); to provide for furnishing, improving, expanding and purchasing of telephone service, equipment and facilities outside of rural areas; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act providing for rural telephone cooperative corporations and providing for rural telephone service, which Act is known as the Rural Telephone Cooperative Act, approved February 15, 1950 (Ga. Laws 1950, 192), as amended, particularly as amended by an Act approved January 31, 1952 (Ga. Laws 1952, p. 4), is hereby amended by adding at the end of Section 4(e) of said Act the following: Provided, however, that the provisions of Section 4 and any other provisions of this Act shall not in any way deter or prevent cooperatives from furnishing, improving, expanding or purchasing existing telephone lines, facilities or systems, land, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible, from existing telephone companies desiring to sell in cities having populations of not more than 2,100 and not less than 2,075, according to the last or any future Federal census;, so that said section, when so amended, shall read as follows: Sec. 4 amended. (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

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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 unincorporated city, town, village, or borough within this State having a population in excess of 1,500 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; provided, however, that the provisions of Section 4 and any other provisions of this Act shall not in any way deter or prevent cooperatives from furnishing, improving, expanding or purchasing existing telephone lines, facilities or systems, land, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible, from existing telephone companies desiring to sell in cities having populations of not more than 2,100 and not less than 2,075, according to the last or any future Federal census;. Service in certain cities. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1953. OPTOMETRISTS' QUALIFICATIONS. Code 84-1105 Amended. No. 154 (House Bill No. 44). An Act to amend Section 84-1105 of the Code of Georgia of 1933 for the purpose of establishing necessary qualifications of applicants for registration to practice

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optometry after examination and of designating the subjects in which said applicants shall be examined; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it hereby is enacted by authority of the same that Section 84-1105 of the Code of Georgia of 1933 be and the same hereby is amended by striking from the second sentence of subdivision (2) thereof the words, possessed of an education equal to a two years' high school course, and shall hold a diploma from a school of optometry requiring a two years' attendance course and satisfactory to this board. The said board shall examine all applicants shown to have the necessary qualifications, as above set forth, in the following subjects: Ocular anatomy and physiology; theoretic optics; theoretic and practical optometry, including normal and abnormal refractive, accomodative and muscular conditions of the eye as applied by recognized methods of subjective and objective optometry when determining the need of glasses; and by substituting in lieu thereof the following, possessed of a high school education of not less than 16 Carnegie units, or the equivalent thereof to be determined by the board, have completed not less than two years of pre-optometry college work in a college of arts and sciences approved by the board, or the equivalent thereof to be determined by the board, and hold a certificate of graduation from an accredited college or university teaching optometry acceptable to the board requiring a course of study therein of at least three school years. The said board shall examine all applicants shown to have the necessary qualifications, as set forth, in the following subjects: anatomygross, microscopic, neural, cranial and ocular; physiologygeneral, human and physiological optics; psychologygeneral, applied, abnormal and visual; pathologygeneral, cranial and ocular; chemistrygeneral and organic; mathematicsphysical and geometrical optics; mechanical optics; pharmacology; bacteriology; optometrytheoretical, practical and clinical; and in any other subject or subjects which may be germane to the practice of optometry, including normal and abnormal refractive,

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accommodative and muscular conditions of the eye as applied by recognized methods of subjective and objective optometry when determining the need for visual correction, visual training and any other physical or physiological means of restoring the visual process to normal; Code 84 - 1105 amended. so that as amended subdivision (2) of Section 84-1105 of the Code shall read as follows: (2) Any other applicant for registration under this Chapter shall be required to pass an examination as hereinafter provided. Such applicant shall be 21 years of age, of good moral character, possessed of a high school education of not less than 16 Carnegie units, or the equivalent thereof to be determined by the board, have completed not less than two years of pre-optometry college work in a college of arts and sciences approved by the board, or the equivalent thereof to be determined by the board, and hold a certificate of graduation from an accredited college or university teaching optometry acceptable to the board requiring a course of study therein of at least three school years. The said board shall examine all applicants shown to have the necessary qualifications, as above set forth, in the following subjects: anatomygross, microscopic, neural, cranial and ocular; psysiologygeneral, human and physiological optics; psychologygeneral, applied, abnormal and visual; pathologygeneral, cranial and ocular; chemistrygeneral and organic; mathematicsphysical and geometrical optics; mechanical optics; pharmacology; bacteriology; optometrytheoretical, practical and clinical; and any other subject or subjects which may be germane to the practice of optometry, including normal and abnormal refractive, accommodative and muscular conditions of the eye as applied by recognized methods of subjective and objective optometry when determining the need for visual correction, visual training and any other physical or physiological means of restoring the visual process to normal. When the applicant shall attain an average standing of 75 percent, on all subjects submitted he shall be deemed to have passed satisfactorily,

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and shall be given a certificate of registration, which certificate, and any other certificate provided for in this section, shall operate as a license to practice optometry when it shall have been recorded in the office of the clerk of the superior court of each county in which said person practices. The clerk of said court shall be entitled to a fee of $1.00 for recording such certificates. The fees for applicants of this class shall be $15.00 for examination and $10.00 for registration. Failure to pass a satisfactory examination shall not debar the applicant from participating in subsequent examinations before said board, upon his complying with the provisions of this Chapter. Qualifications. Certificate. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same hereby are repealed. Approved February 18, 1953. VETERANSEVIDENCE FOR MAKING CLAIMS. No. 155 (House Bill No. 103). An Act to provide that any agency of the State or any county official shall furnish veterans, dependents of deceased veterans, the Veterans Administration, or any veterans organization, copies or evidence of marital, birth, divorce or death status without cost, if said copies or other evidence is to be used in Veterans Administration disability or death claims under certain conditions; to provide for payment by county to certain officials; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Any agency of this State or any county official whose duty it is to provide copies or other evidence

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of the marital, birth, divorce, or death status of persons of this State, shall furnish veterans, dependents of deceased veterans, the Veterans Administration or any veterans organization, such copies or other evidence free of charge upon the following conditions: Papers to be furnished. (a) Where such copies or other evidence are to be used in proceedings for establishing disability or death claims with the Veterans Administration; and (b) The request is made in writing by a veteran, a dependent of a deceased veteran, the legal representative of a veteran, the Veterans Administration, or any veterans organization; and (c) The veteran, a dependent of a deceased veteran, or the legal representative of a veteran, certifies that he is unable to pay for the same. Section 2 In any county where the county official referred to in the preceding section is on a fee basis, such official shall be paid the fee for such service by the county. Such payments shall be made on a monthly basis from county funds. Section 3. All laws and parts of laws in conflict with the provision of this Act are hereby repealed. Approved February 18, 1953. FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL COMMISSIONLAND CONVEYANCE. No. 156 (House Bill No. 97). An Act to amend the Act approved January 31, 1946, creating the Franklin D. Roosevelt Warm Springs Memorial Commission (Ga. Laws 1946, p. 31) as heretofore amended, so as to increase the powers of said

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commission, as an instrumentality of the State, and to authorize said commission to convey so much of the lands and property in Harris and Meriwether Counties (not exceeding, however, in the aggregate 2,000 acres of land) as are now or may hereafter be held or owned by the State for the use of said commission or by said commission itself, to a corporation organized under the laws of Georgia for charitable and educational purposes, of which the Governor of Georgia ex officio shall be a trustee or director, the property to be conveyed and the terms and conditions of such conveyance shall be determined by said commission and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act of the General Assembly approved January 31, 1946 (Ga. Laws 1946, p. 31) be, and the same is hereby amended, by adding to Section 3 thereof, which deals with the powers of said commission, a new subsection to be numbered (6) (a), which shall read as follows: Sec. 6, Act of 1946, amended. (6)(a) From time to time, to convey to a corporation created and organized under the laws of Georgia for charitable and educational purposes, of which the Governor of Georgia ex officio shall be a trustee or director, so much of the lands and property in Harris and Meriwether Counties, Georgia, as are now held, owned or may hereafter be held or owned by the State of Georgia for the use of said commission, or by the commission itself. The quantity of land and property so conveyed shall not in the aggregate exceed two thousand (2,000) acres. And the quantity within said limits, to be conveyed from time to time, and the terms and conditions thereof shall be determined by said commission. Conveyance. Section 2 All laws and parts of laws in conflict herewith be and they are hereby repealed. Approved February 18, 1953.

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DEFECTIVE BRIDGES. Code 95-1001 Amended. No. 157 (House Bill No. 104). An Act to amend Code Section, Section 95-1001 of the Code of Georgia of 1933, relating to condition of contractor's bonds, and county's liability for injuries caused by defective bridges, by defining a bridge, and limiting the liability of the county for injuries occurring on the approaches to a bridge; 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 Code Section 95-1001 of the Code of Georgia of 1933, relating to condition of contractor's bond, and county's liability for injuries caused by defective bridges, be amended by adding to the end of said section the following: The term `bridges' in this Code section shall be defined as a structure erected to afford unrestricted vehicular traffic over an obstruction in the public highways of the State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways and canals; the term bridge as defined in this section shall include the approaches to the structure previously defined within fifty (50) feet of either end of said structure except where the bridge itself measures one hundred (100) feet or more and in said event within one hundred (100) feet of either end of said structure. So that said Code Section 95-1001 when so amended shall read as follows: 95-1001. Condition of contractor's bond. County's liability for injuries caused by defective bridgesWhen the contract for a public bridge, ferry, or causeway is let, the contractor's bond shall be conditioned also to keep it in good repair for at least seven years, and as many more years as may be covered by the contract: Provided,

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that such contract may be let under existing laws without requiring the aforesaid condition in the contractors' bonds, if in the opinion of the commissioners of roads and revenues, or of the ordinary in counties where there are no such commissioners, it would be to the public interest to dispense with said condition in said bond: Provided, however, that in every case the county shall be primarily liable for all injuries caused by reason of any defective bridges, whether erected by contractors or county authorities. The term bridges in this Code Section shall be defined as a structure erected to afford unrestricted vehicular traffic over an obstruction in the public highways of the State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways and canals; the term bridge as defined in this section shall include the approaches to the structure previously defined within fifty (50) feet of either end of said structure except where the bridge itself measures one hundred (100) feet or more and in said event within one hundred (100) feet of either end of said structure. Condition of contractor's bond. County's liability. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1953. STONE MOUNTAIN CIRCUITREPORTER'S SALARY. No. 158 (House Bill No. 86). An Act to amend an Act, approved March 9th, 1943 (Ga. Laws 1943, p. 1143), providing a salary for the official Court Reporter for the Stone Mountain Judicial Circuit, and the several Acts amendatory thereof, by providing for an increase in the salary of such official court reporter; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That from and after the passage of this Act, the Act providing a salary for the official Court Reporter of the Stone Mountain Judicial Circuit, as approved March 9, 1943 (Ga. Laws 1943, p. 1143), and the several Acts amendatory thereof, are hereby amended as follows: By striking Section One of said Act and substituting therefor, a new Section One, to read as follows: Section One. From and after the passage of this Act, the official Court Reporter of the Stone Mountain Judicial Circuit shall be paid a salary of four thousand six hundred eighty ($4,680.00) dollars, per annum, which salary shall be paid monthly on the first day of each month on the basis of three hundred ninety ($390.00) dollars per month. Salary. Section 2. Notice of the intention to apply for the passage of this bill has been published in the newspapers in which the sheriff's advertisements are published in each of the counties comprising said judicial circuit, namely, DeKalb New Era, the Covington News, Clayton County News and Farmer, and the Conyers Times, 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. Section 3. 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, 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

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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 11, 18 and 25, 1952. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Notice of Intention to Apply for Local Legislation. Georgia, DeKalb County. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1953 session of the General Assembly of Georgia, the title of such bill or bills to be as follows: An Act to be entitled An Act, to amend An Act approved March 9, 1943 (Ga. Laws 1943, p. 1143), providing a salary for the official Court Reporter for the Stone Mountain Judicial Circuit, and the several Acts amendatory thereof, by providing for an increase in the salary of such official court reporter; and for other purposes. This the 8th day of December, 1952. W. H. McWhorter, Representative, DeKalb County, Ga. 12-11-6t Sworn to and subscribed before me, this 13th day of January, 1953. /s/ Gwendolyn B. Painter, Notary Public, DeKalb County, Georgia. My commission expires Feb. 3, 1954.

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Georgia, DeKalb County: Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1953 session of the General Assembly of Georgia, the title of such bill or bills to be as follows: An Act to be entitled An Act, to amend An Act, approved March 9th, 1943 (Ga. Laws 1943, p. 1143), providing a salary for the official Court Reporter for the Stone Mountain Judicial Circuit, and the several Acts amendatory thereof, by providing for an increase in the salary of such official court reporter; and for other purposes. This the 5th day of December 1952. W. H. McWhorter, Representative, DeKalb County, Georgia. County of Rockdale, State of Georgia. This is to certify that the above notice to apply for local legislation was published in the Conyers News-and Conyers Times, legal organ of Rockdale County, on December 11, 18, and 25, 1952. /s/ W. Thomas Hay, W. Thomas Hay, Managing Editor, Rockdale Record and Conyers Times. Sworn to and subscribed before me, this February 6th, 1953. /s/ A. R. Barksdale, Notary Public, Georgia, State at Large. My commission expires May 11, 1954. (Seal).

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Georgia, DeKalb County: Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1953 session of the General Assembly of Georgia, the title of such bill or bills to be as follows: An Act to be entitled An Act, to amend an Act, approved March 9th, 1943 (Ga. Laws 1943, p. 1143), providing a salary for the official Court Reporter for the Stone Mountain Judicial Circuit, and the several Acts amendatory thereof, by providing for an increase in the salary of such official court reporter; and for other purposes. This the 5th day of December 1952. W. H. McWhorter, Representative, DeKalb County, Georgia. County of Newton, State of Georgia. This is to certify that the above notice to apply for local legislation was published in the Covington News, legal organ of Newton County, on December 11, 18, and 25, 1952. /s/ W. Thomas Hay, W. Thomas Hay, Managing Editor, Covington News. Sworn to and subscribed before me, this February 6th, 1953. /s/ A. R. Barksdale, Notary Public, Georgia, State at Large. My commission expires May 11, 1954. (Seal).

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Georgia, DeKalb County: Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1953 session of the General Assembly of Georgia, the title of such bill or bills to be as follows: An Act to be entitled An Act, to amend An Act, approved March 9, 1943 (Ga. Laws 1943, p. 1143), providing a salary for the official Court Reporter for the Stone Mountain Judicial Circuit, and the several Acts amendatory thereof, by providing for an increase in the salary of such official court reporter; and for other purposes. This the 5th day of December 1952. W. H. McWhorter, Representative, DeKalb County, Georgia. County of Clayton, State of Georgia. This is to certify that the above notice to apply for local legislation was published in the Clayton County News and Farmer, legal organ of Clayton County, on December 11, 18, and 25, 1952. /s/ W. Lloyd Matthews, Editor, Clayton County News and Farmer. Sworn to and subscribed before me, this Feb. 3, 1953. /s/ Mary L. Matthews, Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. (Seal). Approved February 18, 1953.

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PUBLIC SERVICE COMMISSIONCOMPENSATION OF MEMBERS. No. 159 (House Bill No. 72). An Act to authorize the members of the Public Service Commission of the State of Georgia to receive a contingent expense allowance and to provide for the method of paying said allowance and to provide the amount thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act the members of the Public Service Commission of the State of Georgia are hereby authorized to receive the sum of $2400.00 per annum as a contingent expense allowance payable in equal monthly installments to each member of the said Public Service Commission of the State of Georgia. Said sum is to be in addition to all compensations to said members now provided by law; and said sum is to be payable from the general appropriation provided for the Public Service Commission for its costs of operation. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1953. ASSOCIATE PUBLIC SERVICE COMMISSIONERS. No. 160 (House Bill No. 71). An Act to create the positions of Associate Public Service Commissioners; to provide for the eligibility of persons for appointment to such positions; to provide for the method of appointment to such positions and

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salaries for those holding such positions and the tenure of office; to provide that such persons holding such positions shall be subject to call by the Georgia Public Service Commission; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that there is hereby created the positions of Associate Public Service Commissioners. No person shall be eligible to be appointed to said offices except a person occupying the position of Georgia Public Service Commissioner, and who has attained the age of 65 years and who has been in continuous service as a Georgia Public Service Commissioner, for more than 18 years. The Governor shall appoint to any such position anyone eligible under the provisions of this Act who shall advise the Governor in writing not later than January 1, 1954, that he desires to resign from the position of Georgia Public Service Commissioner and accept appointment as Associate Public Service Commissioner and upon such appointment being made by the Governor, the resignation shall automatically be effective. The Associate Public Service Commissioner shall receive annual compensation in monthly installments equal to one-half of the annual salary of $7500.00 with provision that in no instance will the compensation of Associate Public Service Commissioners be more than $3750.00 per annum. Said compensation shall be paid from funds appropriated by the legislature for the operation of the Georgia Public Service Commission. Position created. Section 2. Be it further enacted that all persons appointed to the foregoing office created by this Act shall hold the position for life. Section 3. Be it further enacted that said Associate Public Service Commissioners shall hold themselves subject to call by the Chairman of the Georgia Public Service Commission to sit with the Georgia Public Service Commission in an advisory capacity and to perform other services that they may be called upon to perform provided, however, that an Associate Public Service Commissioner shall not take part in any decision made by

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the Georgia Public Service Commission and provided further that if and when an Associate Public Service Commissioner is called to perform services for the Georgia Public Service Commission he shall be reimbursed for any expenses that may be incurred. Duties. Section 4. Be it further enacted that any member of the Georgia Public Service Commission who offers for re-election and is defeated in a primary or regular election, shall not be eligible to apply for or to accept appointment as Associate Commissioner after such defeat. Section 4A. Provided, that no person appointed as an Associate Commissioner under the terms of this Act shall be eligible for any benefits under the terms of the Employees Retirement Law so long as he holds the office created under the terms of this Act and/or receives compensation for service as Associate Commissioner or for any other service rendered the State. Section 5. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 18, 1953. MINIMUM FOUNDATION PROGRAM. No. 3 (House Resolution No. 155-547a). A Resolution. Whereas: it appears from statements made in the General Assembly and by factions in the educational group of this State that there is a contention that money is being spent in certain phases of the Minimum Foundation Program for Education which is wasteful and extravagant and that by proper administration of the funds appropriated for education that the teachers' salaries could be adjusted, and,

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Whereas; it is the desire of the General Assembly of Georgia that all funds possible be expended for the payment of teachers' salaries. Be it resolved by the House of Representatives, the Senate concurring: that any educators, educational associations or citizens of this State be hereby officially requested to file with the State Board of Education in writing and not later than July 1, 1953, their recommendations in writing clearly setting forth where the expenditure of school funds can be more economically administered and pointing out where any savings can be applied on the payment of teachers' salaries. Be it further resolved by the House of Representatives, the Senate concurring: that in the event the educational group files specific recommendations in writing with the State Board of Education which will result in a savings in the present operation of the new school system of this State, the Governor of the State is hereby requested to make available to the State Board of Education any funds that can be saved or that might be received by the State in any fiscal year which are in excess of the income required each fiscal year to pay the appropriations authorized by the General Assembly and that any additional funds so received by the State Board of Education shall be utilized by the board to the best advantage in assisting in raising the salary scale of teachers, Be it further resolved by the House of Representatives, the Senate concurring: that the newspapers of this State be requested to give as much publicity as possible to this resolution so that all persons having knowledge of any information which will lead to a better expenditure of school funds will be advised to file their recommendations in writing with the State Board of Education not later than July 1, 1953. Approved February 18, 1953.

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PARK LANDS IN CHATUGE LAKE AREA. No. 5 (House Resolution No. 7-42a). A Resolution. Whereas, officials of the Tennessee Valley Authority have stated that property in the Chatuge Lake area will be available for lease or transfer in fee simple title to the State of Georgia for park purposes; said property being located upon U. S. Highway Number 76 and adjoining the lake near the bridge over Chatuge Lake, and including other tracts within the county; and Whereas, it will be to the great advantage to the State of Georgia to have park facilities in Towns County; Therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor and the Director of State Parks be authorized to negotiate with the proper officials of the Tennessee Valley Authority in the procuring of said title or lease in the name of the State of Georgia and that the State Parks Director upon obtaining said title or lease and the same being approved by the Attorney-General, shall be authorized to erect permanent improvements and facilities for a State park on said lands. Procurement from T.V.A. Approved February 18, 1953. DEPARTMENT OF VETERANS SERVICEAMBULANCE. No. 163 (Senate Bill No. 19). An Act to authorize the State Department of Veterans Service to purchase an ambulance for use in transporting Georgia veterans to and from hospitals; to repeal

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conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The State Department of Veterans Service is hereby authorized and empowered to purchase, through the State Purchasing Department as other State purchases are made, an ambulance for use in transporting Georgia veterans to and from Veterans Administration hospitals and other hospitals. Such purchase shall not fall within the restrictions relating to purchase, use and furnishing of automobiles as provided in Chapter 40-20 of the Code of Georgia of 1933, as amended. Ambulance Code 40-20. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1953. RURAL TELEPHONE COOPERATIVE ACT AMENDED. No. 168 (House Bill No. 249). An Act to amend an Act approved February 15, 1950 (Ga. Laws 1950, pp. 192-219), entitled the Rural Telephone Cooperative Act by striking from said Act Paragraph (k) of Section 4 in its entirety and inserting in lieu thereof a new Paragraph (k) to Section 4 providing the power to construct, maintain and operate telephone lines along, upon, under and across publicly owned lands and public thoroughfares, including all roads, highways, streets, alleys, bridges and causeways after first having obtained the permission and consent of the affected governing authority and shall be under such terms and conditions as may be promulgated by the affected governing authority; to repeal all laws in conflict; 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 February 15, 1950, (Ga. Laws 1950, pp. 192-219), entitled the Rural Telephone Cooperative Act be amended by striking therefrom Paragraph (k) of Section 4, which reads as follows: 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; and inserting in lieu thereof as Paragraph (k) of Section 4 a new Paragraph (k) to Section 4 which said new paragraph shall read as follows: To construct, maintain and operate telephone lines along, upon, under and across publicly owned lands and public thoroughfares including all roads, highways, streets, alleys, bridges and causeways, provided: that the construction, maintenance and operation of telephone lines along, upon, under and across publicly owned lands and public thoroughfares, including all roads, highways, streets, alleys, bridges and causeways shall be conditioned upon first having obtained the consent and permission of the governmental authority affected and shall be under such terms and conditions as may be promulgated by the affected governing authority. Lines over roads, etc. Section 2. That all laws and parts of laws in conflict or inconsistent herewith are hereby expressly repealed. Approved February 19, 1953. PSYCHIATRIC EXAMINATION BEFORE SENTENCE IN CERTAIN COUNTIES. No. 179 (House Bill No. 341). An Act to provide for the payment of expenses of presentence psychiatric examination of convicted persons

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in criminal cases in all counties in the State having a population of three hundred thousand or more by the United States census of 1950, or by any future census, in the county criminal courts of such counties where State offenses are tried; to provide that the judges of such courts may in their discretion require such examination and report where they deem it necessary for the imposition of a just and proper sentence upon such convicted persons; to provide that expenses of such examination shall be paid out of the county treasury of such counties; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. The judges of the county criminal courts where State offenses are tried, in all counties of this State having a population of 300,000 or more, by the United States census of 1950, or by any future census, may in 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 final sentence is imposed, if said judge believes within his discretion that examination is necessary to a just and proper sentence, and that expenses of such examination shall be paid out of the county treasury of such county upon the certificate of the judge of such courts and without further order. 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 19, 1953.

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STATE LITERATURE COMMISSION. No. 181 (House Bill No. 247). An Act to provide for the creation, membership, and compensation of a State Literature Commission; to provide for certain definitions; to provide for recommendations of prosecution by the commission; to provide for identification of literature; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. For the purposes of this Act: (a) Literature shall mean any book, pamphlet, paper, drawing, lithograph, engraving, photograph, or picture. Definitions. (b) Obscene literature shall mean any literature offensive to the chastity or modesty, expressing or presenting to the mind or view something that purity and decency forbids to be exposed. Section 2. There is hereby created a State Literature Commission hereafter called the commission, which shall consist of three members, who are citizens of this State and are of the highest moral character. The three members of the commission shall be appointed by the Governor with the advice and consent of the Senate. The appointments shall be for a period of four years, and any vacancy occurring in membership of the commission shall be filled by appointment of the Governor with the advice and consent of the Senate for the unexpired portion of the vacated term. The members of the commission shall elect from one of their number a chairman to act as the presiding officer. Commission. Section 3. The commission shall meet monthly and at such other times as may be necessary for the performance of their duties, not to exceed thirty (30) days in

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any one year. The members shall receive ten ($10.00) dollars per diem, plus any actual and necessary expenses in connection with their attendance at such meetings. The meetings of the commission shall be held at any place most desirable to the transaction of the business of said commission. Two members of the commission shall constitute a quorum for the transaction of business. Meetings; per diem. Section 4. The commission shall make such investigations as may be necessary into all sales of literature which they have reason to suspect is detrimental to the morals of the citizens of this State. Investigations. Section 5. The commission shall hold hearings and make findings on literature they have found to be obscene through their investigations or from evidence furnished to them by any citizens of this State. The person, partnership, company, corporation, or other agency selling, distributing, or otherwise providing the citizens of this State with the alleged obscene literature may appear and give evidence at the hearing of said commission. The commission shall make findings upon all hearings and shall have the power to prohibit the distribution of any literature they find to be obscene, by first notifying the offending party, or parties, thirty (30) days prior to recommending prosecution as hereinafter provided. Powers and duties. Section 6. The commission shall recommend the prosecution, under the criminal laws of this State (Section 26-6301 of the 1933 Code of Georgia), of any person, corporation, company, partnership, or any other agency that this commission finds to be selling or otherwise distributing obscene literature. The commission shall notify the solicitor-general of the circuit in which said literature has been sold, or otherwise distributed, of its findings and recommendations. The commission shall also provide the solicitor with any evidence it might have obtained during its hearings and the proceedings of said hearings. Prosecutions. Section 7. Provided that this Act does not apply and hereby exempts all weekly and daily newspapers, all

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Federal and State matters, and all reading matter used in the recognized religions, scientific or educational institutions of these U. S. A. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1953. SUPREME COURTJUSTICES EMERITUS. No. 183 (Senate Bill No. 39). An Act to amend an Act of the General Assembly of Georgia, creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, approved March 10, 1937, and embodied in the Georgia Laws of 1937, page 1101 et seq., as amended by an Act of the General Assembly of Georgia approved February 25, 1949, and embodied in the Georgia Laws of 1949, page 1294 et seq., as amended by an Act of the General Assembly of Georgia approved February 15, 1952, and embodied in the Georgia Laws of 1952, page 260 et seq.; so as to make further and additional provisions for the eligibility of persons for appointment for such positions; to repeal Section Seven of the Act of 1937, which provides that the Chief Justice or Associate Justice who offers for re-election and is defeated in a primary or general election shall not be eligible for appointment under the provisions of that 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 Section 1 of the Act of the General Assembly of Georgia approved March 30, 1937, embodied in the Georgia Laws of 1937, page 1101 et seq., as amended by the Act of the General Assembly of Georgia, approved February 25, 1949, embodied in the Georgia Laws of 1949 page 1294 et seq., as amended by the

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Act of the General Assembly of Georgia approved February 15, 1952, embodied in the Georgia Laws of 1952, page 260 et seq., creating the position of Chief Justice Emeritus and Associate Justice Emeritus, be, and the same is hereby amended as follows: By striking from Section 1 of the Acts of 1952, on page 260, all of the balance of the sentence following the words 65 years, and inserting in lieu thereof the following: and have been in the service of the State for more than twenty years as Solicitor-General, Attorney-General, Judge of the Superior Court or Court of Appeals, or Justice of the Supreme Court, or partly in one or more of said offices or positions, but with continuing commissions as aforesaid for more than twenty years, so that said Section 1 when so amended shall read as follows: Section 1. There is hereby created the position of Chief Justice Emeritus. No person shall be eligible to be appointed to said office except persons occupying the position of Chief Justice of the Supreme Court of Georgia, and who have attained the age of seventy years, and who have been in continuous service as judges for more than ten years upon the superior court, or the Court of Appeals,/or the Supreme Court, or partly upon any one or more of said courts, but with continuous unbroken judicial services for ten years, or who have attained the age of 65 years and have been in the service of the State for more than twenty years as Solicitor-General, Attorney-General, Judge of the Superior Court or Court of Appeals, or Justice of the Supreme Court, or partly in one or more of said offices or positions, but with continuing commissions as aforesaid for more than twenty years. The Governor shall appoint to such positions anyone eligible under the provisions of this Chapter, who shall advise the Governor in writing that he desires to resign from the position of Chief Justice and accept appointment as a Chief Justice Emeritus, and upon such appointment being made by the Governor the resignation shall automatically be effective. Each year, the Chief Justice Emeritus shall receive compensation and allowances equal to two-thirds of the compensations and allowances provided by law for Chief Justice of the Supreme

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Court for that current year. Chief Justice Emeritus. Qualifications. Compensation. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 2 of the Act of the General Assembly of Georgia approved March 30, 1937, embodied in Georgia Laws of 1937, page 1101 et seq., as amended by the Act of the General Assembly of Georgia, approved February 25, 1949, embodied in the Georgia Laws of 1949, page 1294 et seq., as amended by the Act of the General Assembly of Georgia approved February 15, 1952, embodied in the Georgia Laws of 1952, page 260 et seq., creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, be, and the same is hereby amended as follows: By striking from Section 2 of the Act of 1952, on page 261, all of the balance of the sentence following the words 65 years, and inserting in lieu thereof the following: and have been in the service of the State for more than twenty years as Solicitor-General, Attorney-General, Judge of the Superior Court or Court of Appeals, or Justice of the Supreme Court, or partly in one or more of said offices or positions, but with continuing commissions as aforesaid for more than twenty years, so that said Section 2 when so amended shall read as follows: Section 2. There are hereby created the positions of Associate Justices Emeritus. No person shall be eligible to be appointed to said offices except persons occupying the positions of Justices of the Supreme Court of Georgia, and who have attained the age of seventy years, and who have been in continuous service as judges for more than ten years upon the superior courts, or the Court of Appeals, or the Supreme Court, or partly upon any one or more of said courts, but with continuing unbroken judicial service for ten years, or who have attained the age of sixty-five years and have been in the service of the State for more than twenty years as Solicitor-General, Attorney-General, Judge of the Superior Court or Court of Appeals, or Justice of the Supreme Court, or partly in one or more of said offices or positions, but with continuing commissions as aforesaid for

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more than twenty years. The Governor shall appoint to such positions anyone eligible under the provisions of this Chapter, who shall advise the Governor in writing that he desires to resign from the position of Justice and accept appointment as Justice Emeritus, and upon such appointment being made by the Governor the resignation shall automatically be effective. Each year, Associate Justices Emeritus shall receive compensation and allowances equal to two-thirds of the compensations and allowances provided by law for Associate Justices of the Supreme Court for that current year. Associate Justices Emeritus. Section 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 7 of the Act approved March 30, 1937, embodied in the Georgia Laws of 1937, page 1101 et seq., which reads as follows: Provided however, That any Justice or Chief Justice of the Supreme Court who offers for re-election, and is defeated in a primary or regular election, shall not be eligible to apply for or to accept appointment as Chief Justice Emeritus or as Associate Justice Emeritus, nor shall any such Justice be eligible to accept the provisions of this Act thereafter and before the expiration of the term such Justice or Chief Justice is then serving. be, and the same is hereby stricken in its entirety. Sec. 7, Act of 1937, repealed. Section 4. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 19, 1953. VITAL STATISTICS ACT AMENDED. No. 184 (House Bill No. 197). An Act to amend an Act providing a complete and comprehensive vital statistics law for Georgia, approved

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March 8, 1945 (Ga. Laws 1945, p. 236), as amended, so as to provide for the definition of certain terms used in said Act; to provide for local registrars; to provide for the method and form for reporting adoptions; to provide for birth certificates for illegitimate children; to provide for amendment of birth certificates; to strike Sections 14 and 15 in their entirety; to provide for the filing of death certificates and personal data to be recorded thereon; to provide for the filing of death certificates where there is no attending physician or such death resulted from an unlawful act; to provide for fetal death registration; to provide for issuance of certified copies of certificates; to provide for fees for such certified copies; to provide for review of decisions of the board and others by the board or superior court; to provide for permits governing dead human bodies; to strike Sections 28 and 29 in their entirety; by striking the word stillbirth wherever it appears in said Act and substituting in lieu thereof the words fetal death; to provide for the preservation of worn records; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act providing a complete and comprehensive vital statistics law for Georgia, approved March 8, 1945 (Ga. Laws 1945, p. 236), as amended, is hereby amended by striking Section 2, relating to definitions, in its entirety, and substituting in lieu thereof a new Section 2 which shall read as follows: Sec. 2, Act of 1945, amended. Section 2. Definitions. As used in this Act. (1) `Vital statistics' includes the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to births, adoptions, legitimations, deaths, fetal deaths, marital status, and data incidental thereto. (2) `Live birth' means the birth of a child who shows

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evidence of life after the child is entirely outside the mother. Definitions. (3) `Fetal death' means death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy. (4) `Dead body' means lifeless human body or such parts of the human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred. (5) `Person in charge of interment' means any person who places or causes to be placed a dead body or fetal remains in a grave, vault, or other receptable or otherwise disposes thereof. (6) `Physician' means a person legally authorized to practice medicine or osteopathy in this State. (7) `Board' means State Board of Health. (8) `Department' means Department of Public Health. (9) `Director' means Director of the Department of Public Health. Section 2. Said Act, as amended, is further amended by striking Section 6, relating to registrars, in its entirety, and substituting in lieu thereof a new Section 6 which shall read as follows: Sec. 6 amended. Section 6. Local Registrars and Deputies. The Director shall appoint local registrars for such registration districts as are established by the board. Local registrars shall meet the qualifications fixed by the board, and shall perform such duties as are required by this Act and the regulations of the board. A local registrar, subject to approval of the director, shall appoint a deputy or deputies. Local registrars.

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Section 3. Said Act, as amended, is further amended by striking Section 10, relating to adoptions, in its entirety, and substituting in lieu thereof a new Section 10, which shall read as follows: Sec. 10 amended. Section 10. Adoption. In case of adoption it shall be the duty of the clerk of the superior court to forward by the fifteenth of the following month to the Division of Vital Statistics of the Georgia Department of Public Health a certificate of adoption on a form which shall be prescribed by the State Board of Health, in lieu of the adoption papers. The division upon receipt of the certificate of adoption and upon request of the adopting parents shall prepare a substitute certificate, if the birth occurred in the State of Georgia, on a form prescribed by the State Board of Health in the name of the adopted person, naming the true date and place of birth and sex of said adopted person and statistical particulars and names of the foster parents in place of natural parents. The division shall make a substitute birth certificate if furnished with a certificate of adoption for any birth certificate in its custody. If no birth certificate is found to be on file for the adopted person and if such person was born in the State of Georgia, a delayed birth certificate shall be executed according to the provisions of Section 23. The division of vital statistics shall send a copy of the substitute record to the official responsible for the maintenance of county and/or city vital statistics records and such official shall substitute said substitute record for the certificate on file in his office. The copies of the original county birth record shall then be forwarded to the Division of Vital Statistics to be sealed with the original record in the files of the Division of Vital Statistics. Such sealed records may be opened by the Division of Vital Statistics only upon demand of the adopted person, if of age, or by order of a court of competent jurisdiction. Upon receipt of a certified copy of a court order of annulment of adoption, the Division of Vital Statistics shall restore the original certificate to its original place in the files. Adoptions. Section 4. Said Act, as amended, is further amended

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by striking Section 11, relating to birth certificates of illegitimate children, in its entirety, and substituting in lieu thereof a new Section 11, which shall read as follows: Sec. 11 amended. Section 11. Birth Certificate of Illegitimate Child. If the child is illegitimate, the name of the putative father shall not be entered without his consent in writing. Where there is no consent of the putative father, the surname of the child shall be the legal surname of the mother. When the name of a man other than the natural father is listed on the original birth certificate, it can be removed only by order of the superior court. If the parents of an illegitimate child marry and the father dies before the birth certificate has been corrected, his name may be entered by order of the superior court. Birth certificate of illegitimate child. Section 5. Said Act, as amended, is further amended by striking Section 12, relating to amendment of certificates, in its entirety, and substituting in lieu thereof a new Section 12, which shall read as follows: Sec. 12 amended. Section 12. Amendment of Certificates. No birth or death certificate accepted for filing by the department shall be altered in any manner nor shall any certificate be amended except by order of the court of ordinary of the county of birth or death, or residence of the child or the deceased except in cases of adoption, legitimation, legal change of name, or other court order, provided, however, that the court of ordinary shall not have jurisdiction to change the year of birth or to alter a delayed certificate of birth. These shall be vested exclusively in the superior court. The board shall provide the forms and prescribe by regulation the minimum evidence requirements for amending such certificates. The ordinary shall receive a fee of one ($1.00) dollar for this order to be paid by the applicant. Amendment of certificates. Section 6. Section 14 of said Act, as amended, relating to registration of deaths and stillbirths, is hereby repealed in its entirety. Sec. 14 repealed.

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Section 7. Section 15 of said Act, as amended, relating to compulsory registration of deaths and stillbirths, is hereby repealed in its entirety. Sec. 15 repealed. Section 8. Said Act, as amended, is further amended by striking Section 16, relating to death certificates, in its entirety, and substituting in lieu thereof a new Section 16, which shall read as follows: Sec. 16 amended. Section 16. Death Certificates. (1) Filing of Certificate. The person in charge of interment shall file, with the local registrar of the district in which the death occurred or the body was found, a certificate of death within seventy-two (72) hours after death or the body is found. (2) Personal Data. In preparing a certificate of death, the person in charge of interment shall obtain and enter on the certificate the personal data required by the board from the persons best qualified to supply them. He shall present the certificate of death to the physician last in attendance upon the deceased who shall thereupon certify the cause of death; giving the condition or complication directly leading to death; the morbid condition, if any, giving rise to such condition or complication directly leading to death; the underlying cause of death; and other significant conditions contributing to the death but not related to the disease or condition causing death; and the duration of each. Death certificates. (3) Death Without the Attendance of a Physician. In case of any death occurring without the attendance of a physician, it shall be the duty of the funeral director, or person who has charge of interment, to notify the local registrar. The local registrar, prior to the issuance of a burial permit, shall notify the city or county health officer who shall immediately investigate the case. If the health officer has reason to believe that the death occurred from natural causes and not from an unlawful act or neglect, he may complete the medical certification and sign the certificate in his official capacity. Where

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there is no city or county health officer, or physician member of the county board of health, the local registrar shall notify the coroner whose duty it shall be to complete the medical certification and sign the death certificate. (4) Death From Unlawful Acts. If the health officer, physician member of the county board of health, or local registrar has cause to believe that the death was caused from an unlawful act or neglect, it shall be his duty to report this fact immediately to the coroner or other proper officer, whose duty it is to hold an inquest on the body of a deceased person. The coroner, or person acting as such, shall complete the medical certification stating the name of the disease causing death, or if from external causes, the means of death, whether probably accidental, suicidal or homicidal. If the cause of death cannot be immediately determined, a death certificate marked temporary certificate shall be completed for filing with the Division of Vital Statistics. Upon determination of the cause of death, a complete certificate must be filed in lieu of the temporary certificate. Section 9. Said Act, as amended, is further amended by striking Section 17, relating to stillbirth certificates, in its entirety, and substituting in lieu thereof a new Section 17, which shall read as follows: Sec. 17 amended. Section 17. Fetal Death Registration. (1) Filing of Certificate. It shall be the duty of the physician, midwife, or other person in attendance to file a certificate for every fetal death with the local registrar of the registration district within which the fetal death occurred within seventy-two (72) hours after delivery on a form prescribed by the board. Fetal death registration. (2) Fetal Death Without the Attendance of a Physician. Certificates for fetal deaths without a physician in attendance shall be signed by the midwife or other person in charge of the delivery, then referred for approval to the city or county health officer, physician

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member of the county board of health, or if there is no health officer and no physician member of the county board of health, to the coroner. (3) Fetal Death From Unlawful Acts. If there is any indication that the fetal death was the result of an unlawful act or neglect, the health officer or physician member of the county board of health shall report this fact immediately to the coroner or other proper officer whose duty it is to hold an inquest. The coroner, or person, or person acting as such, shall complete the medical certification stating the cause of fetal death, or, if from external causes, whether probably accidental or infanticidal. Section 10. Said Act, as amended, is further amended by striking Section 20, relating to certified copies of certificates, in its entirety, and substituting in lieu thereof a new Section 20, which shall read as follows: Sec. 20 amended. Section 20. Certified Copies. (1) Subject to the provisions of Sections 19 and 24, the department or ordinary or other custodian of vital statistics records shall, upon request, issue to any applicant a certified copy of any certificate or any part thereof. Certified copies. (2) The department and all other officials authorized to issue certified copies of birth certificates, in furnishing information of birth registration on file in its office, shall, unless a certified copy containing more complete information is requested, be authorized to certify only the following items, to wit: name of child; date of birth; place of birth; color and sex. Section 11. Said Act, as amended, is further amended by striking Section 21, relating to fees for certified copies, in its entirety, and substituting in lieu thereof a new Section 21 which shall read as follows: Sec. 21 amended. Section 21. Fees for Certified Copies.

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For certified copies, certifications, and verifications of information from the records filed under this Act, fees shall be collected as follows: (1) Full certified copies$1.00. (2) Short forms issued under Section 20, Subsection 250. (3) Verifications of information on file. Such verifications being limited to such governmental and private agencies as may be determined by the board25. Fees for certified copies. Section 12. Said Act, as amended, is further amended by striking Subsection (3) of Section 24, relating to disclosure of records, in its entirety, and substituting in lieu thereof a new Subsection (3) which shall read as follows: Sec. 24 amended. (3) The department, custodians of vital statistics records, ordinaries, local registrars and deputy registrars, shall not permit the inspection of vital statistics records of the department or in the possession of custodians of vital statistics records, ordinaries, local registrars or deputy registrars, or issue a certified copy of a certificate or part thereof unless they are satisfied that the applicant therefor has a direct and tangible interest in the matter recorded. The decision of the department, custodians of vital statistics records, ordinaries, local registrars and deputy registrars shall be subject to review by the board or superior court of the county in which the question arises under the limitations of this Act. Disclosure of records. Provided, however, the restrictions in this section shall not prohibit the official organ or newspaper of a county from publishing the names and addresses of births and deaths. Provided, further, that such official organ or newspaper shall not publish the name and address of any illegitimate child birth or of its mother when shown on such records. Section 13. Said Act, as amended, is further amended

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by striking Section 27, relating to permits for disposition of dead human bodies, in its entirety, and substituting in lieu thereof a new Section 27 which shall read as follows: Sec. 27 amended. Section 27. Permits Governing Dead Human Bodies. (1) When a death or fetal death occurs or a dead body is found, the body shall not be disposed of or removed from the registration district until a permit has been issued by the local registrar or the department. (2) No permit under paragraph (1) shall be issued until a certificate of death or fetal death, as far as it can be completed under the circumstances of the case, has been filed, and until all the regulations of the board in respect to the issuance of such permit have been complied with. (3) When a death or fetal death occurs outside of this State and the body is accompanied by a permit for burial, removal or other disposition issued in accordance with the law and regulations in force where the death or fetal death occurred, the permit shall authorize the transportation of the body into or through this State, but before burial, cremation, or other disposal of the body within this State, the permit shall be endorsed by the local registrar who shall keep a record thereof. Permits governing dead human bodies. (4) In any case where a person wishes to disinter the remains of a deceased person for the purpose of interment in another cemetery, he shall present a request in duplicate to the funeral director who is to be in charge. The funeral director will then present the duplicate request to the local registrar of the district in which the cemetery where the body was originally interred is located. The local registrar will then issue a permit on the proper form as prescribed by the department to be presented to the sexton of the cemetery in which the body is to be interred. (5) The board shall prescribe all regulations necessary to regulate the disposal, transportation, interment

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and disinterment of dead human bodies to the end that requirements of vital registration are met and the protection of the public health promoted. Section 14. Section 28 of said Act, as amended, relating to prerequisites for permit, is hereby repealed in its entirety. Sec. 28 repealed. Section 15. Section 29 of said Act, as amended, relating to foreign permits for disposition of bodies, is hereby repealed in its entirety. Sec. 29 repealed. Section 16. Said Act, as amended, is further amended by striking the word stillbirth wherever it appears in said Act and substituting in lieu thereof the words fetal death. Section 17. Said Act, as amended, is further amended by adding a new section thereto to be appropriately numbered which shall read as follows: Section..... Preservation of Worn Records. The Director of the Division of Vital Statistics is authorized to prepare typewritten, photostatic, photographic, or micro-photographic reproductions of the original records and files in his office, which by reason of age, usage or otherwise are in such condition that they can no longer be conveniently consulted or used without danger of serious injury or destruction thereof, and to certify to the correctness of such copies. Such typewritten, photostatic, photographic, or micro-photographic copies shall be competent evidence in all courts with like force and effect as the original. Preservation of worn records. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1953.

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GENERAL APPROPRIATIONS ACT. No. 202 (House Bill No. 142). 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 beginning July 1, 1953 and ending June 30, 1954, except as otherwise provided and for each and every fiscal year thereafter until repealed by law; to provide for the control and administration of the funds; and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the sums of money hereinafter set out are appropriated for the fiscal year beginning July 1, 1953 and ending June 30, 1954, except as otherwise provided and for each and every fiscal year thereafter until repealed or modified by law. LEGISLATIVE. Section 1. Legislative Department $ 750,000.00 For compensation as fixed by previous laws and for mileage at the rate of 10 per mile for roundtrip for each regular session and any and all extraordinary sessions of the General Assembly, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and doorkeepers 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 and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the Codes of Georgia and the annual report of State Auditor to General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; and for cost of Bill Drafting Unit as authorized by law. Provided, further, that effective January 12, 1953, and for each period thereafter, the Members of the General Assembly shall be paid the per diem and allowance heretofore authorized by law and shall be paid an additional maintenance expense allowance of fifteen dollars for each day in attendance at a session of the General Assembly and said maintenance expense allowance, which is authorized by general provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual Member in the performance of official duties during a session of the General Assembly and this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State government as provided for by Art. III, Sec. VII, Par. IX of the Constitution of Georgia. Provided, further, the per diem allowance provided for in the foregoing shall also be payable to any official or attache for each day during his term of service who is authorized by action of one or both branches of the General Assembly to receive an allowance, based on the per diem maintenance allowance provided for Members of the General Assembly. Provided, however, that a Member of the General Assembly serving as a member of a regular or special committee shall be paid a per diem allowance for the foregoing stipulated purposes, of only five dollars for each day of service on said committee, when the General Assembly is not in session and said five dollars per diem shall be in addition to the regular per diem and allowance heretofore authorized by law.

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JUDICIARY. Section 2.For the cost of operating the Supreme Court including a $3,600.00 contingent expense allowance, payable monthly to each Justice of the court until otherwise provided by law $ 200,000.00 Section 3.For the cost of operating the Court of Appeals including a $3,600.00 annual contingent expense allowance, payable monthly to each Judge of the court until otherwise provided by law $ 200,000.00 Section 4.For the cost of operating the superior courts including expense allowed by law and mileage of six cents per mile $ 500,000.00 Section 5.For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals $ 15,000.00 Section 6.For the cost of operating the Judicial Council $ 5,000.00 Section 7.For the cost of use and/or acquiring additional housing facilities and equipment for judicial and other agencies to relieve Capitol space for General Assembly and other purposes. Acquired from Building Authority $ 300,000.00

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EDUCATION. Section 8.For matching vocational rehabilitation funds in cooperation with the Federal government; for operations of vocational trade schools; for operations of public and rural library programs; for operations of School for Deaf and Academy for the Blind; for grants for aid to the common schools under provisions of law; for free textbooks for the children attending common schools; for the salaries of county school superintendents; for the operating cost of the Department; and for any and other expenses authorized by law payable from the common school fund $ 95,300,000.00 Provided, that the State Board of Education shall within the first thirty days of each fiscal period make an apportionment of this appropriation, together with other funds available to the various activities of the Department of Education and immediately report the same to the State budget authorities for approval, whose approval shall be evidenced in writing. Provided, however, that the State Board of Education shall in each fiscal period make an allotment of not less than twelve and one-half million dollars to pay the annual capital outlay commitments to the local school units. Provided, further, that the State Board of Education shall not be authorized or empowered to apportion or pay any funds appropriated herein to any school system other than for the purpose of meeting the annual payment of the capital outlay allotments to each of the local school systems that does not provide separate schools for the white and colored races, as required by the provisions of Article VIII, Section I, Paragraph I, of the Constitution of the State of Georgia and so operate and maintain all schools within its jurisdiction. After said apportionment is approved, any and all obligations and commitments made which are violative of the foregoing provision or in excess of the funds apportioned, shall be null and void. Said appropriations shall also be subject to all other provisions of the Constitution of Georgia and all budget regulations of general application which are or may be in force and effect. Provided, further, that should any school system violate the foregoing provisions of this paragraph after said apportionment has been made and approved, then and in such event the unexpended portion of the apportionment to such system other than the amount apportioned for capital outlay purposes shall cease to be available and the State Board of Education shall in writing notify the State budget authorities of the cancellation of the allotment previously approved. Provided, further, that should any part or portion of this section be held unconstitutional by a final judgment of any court of competent jurisdiction, then this entire section, other than the appropriation necessary to meet the capital outlay apportionment to the local school units, shall thereafter be void, invalid and unenforceable, and the remaining balance of the funds appropriated in this section in whole or in part shall not be paid. Section 9.For the cost of operating the State Board of Regents; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock items; for experimental purposes; for the cost of use and/or acquiring additions to plant and equipment for the University System; and for cost of operating the State Soil Conservation Committee an amount of not less than $25,000.00 $ 12,233,000.00 Provided, that the above appropriations shall be in addition to the funds realized by the respective units in each fiscal year from Federal government, donations, gifts, earning from fees, rents, sales and any and all other sources of income. Provided, that the State Board of Regents shall within the first thirty days of each fiscal period first make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property and shall second, apportion the remaining funds available to the various units to cover cost incident to the operation and development of the University System. The State Board of Regents shall immediately report the same to the State budget authorities for approval, whose approval shall be evidenced in writing. Provided, however, that if the State Board of Regents has with the approval of the budget authorities apportioned available funds to any unit of the University System located in Georgia and such unit is not being operated or ceases to be operated as a separate school for either the white or the colored race, as required by the provisions of Article VIII, Section I, Paragraph I, of the Constitution of the State of Georgia, then, in such event the unexpended portion of the apportionment to such unit other than the amount necessary to pay the annual lease contract commitments for the acquisition of property shall cease to be available and the State Board of Regents shall in writing notify the State budget authorities of the cancellation of the allotment previously approved. Any and all obligations and commitments made which are not approved on budget, which are in excess of the funds apportioned, inclusive of the units' other income, or are made to non-complying units, shall be null and void, and all expenditures or obligations authorized by the State Board of Regents or any agency thereof, regardless of the source of funds therefor, shall be governed by the Constitution of the State of Georgia and the laws and budget regulations of general application which are authorized by the General Assembly. Provided, further, that should any part or portion of this section be held to be unconstitutional by a final judgment of any court of competent jurisdiction, then the entire section, except that part that pertains to lease contract commitments for the acquisition of property shall thereafter be void, invalid and unenforceable and the remaining balance of the funds appropriated in this section, in whole or in part, shall not be paid. Provided, further, that nothing in this section shall be construed as voiding any part of the appropriations made in this section which is required to be allotted each fiscal year to meet the annual payments required under lease contract commitments with the University System Building Authority for the acquisition of property. Section 10.For the State's contribution to the teacher retirement fund, including cost of administration $ 5,300,000.00

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HIGHWAYS. Section 11.(a) For the cost of maintenance, improving and reconstructing roads and bridges on the State highway system and the cost incident thereto including equipment and for no other purpose $ 10,000,000.00 (b) For State-matching participation in cost of construction, re-construction, improvement in highways and highway planning in cooperation with Federal government, including all cost items incident thereto and for no other purpose $ 13,260,893.00 (c) For cost of operating the Highway Department, for road and bridge construction, (provided all expenditures for county contracts shall be on the basis of average prices established by law), the cost of additional maintenance; for convict camp contract operations; compensation claims and surveys $ 24,010,636.94 Provided, further, that any and all obligations and commitments made by the officials of the State Highway Department, after the enactment of this law, which have not been authorized by the provisions of this Act and a specific budget allotment for which funds are available shall be null and void, and all expenditures shall be governed by law and budget regulations of general application which are or may be in force and effect. (d) For grants to counties for aid in county road construction and maintenance as provided by law authorizing the State treasury to make such grants for highway purposes $ 4,817,013.03 (e) For grants to counties for aid in county road construction $ 4,500,000.00 Provided that this sum shall be distributed and disbursed by the State Treasurer for highway purposes based on information as to the total public road mileage furnished by State Highway Department; provided, however, that the sum appropriated in Subsection (e) shall be distributed and disbursed to the various counties of the State in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State.

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HEALTH, PUBLIC WELFARE AND PENSIONS. Section 12.For the cost of operating the State Prison Institution System $ 1,250,000.00 Section 13.(a) For the cost of operating the Department of Public Health and grants to counties for public health programs $ 4,050,000.00 (b) For aid to local governmental subdivisions in establishing, constructing and equipping hospital facilities to be administered and expended in the same manner as other public health funds and in accordance with the provisions of the Hill-Burton Act of the United States Congress and rules and regulations of the State Board of Public Health $ 2,500,000.00 (c) For cost of acquiring and operating the General State Hospital, Augusta, together with any other amounts necessary and available from the other items of appropriation made in this section, as approved by the Budget Bureau $ 1,500,000.00 (d) For cost of operating the Department of Public HealthTuberculosis Sanatorium $ 3,200,000.00 (e) For cost of contracts with local governmental agencies operating local tuberculosis sanatoria to perform services required by the State Tuberculosis Sanatorium $ 200,000.00 (f) For matching Federal funds for benefits or services for crippled children as authorized by law $ 400,000.00 Provided, that the State Board of Health shall within the first thirty days of each fiscal period make an allotment from any of the funds appropriated in this section in an amount necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property. The State Board of Health shall immediately report the same to the State budget authorities for approval, whose approval shall be evidenced in writing. Section 14.(a) For the cost of operating the State Department of Public Welfare $ 480,000.00 (b) For grants to counties for aid in administration of county public welfare departments $ 1,250,000.00 (c) For matching Federal funds for benefits to old age, blind, permanently disabled and dependent children $ 15,800,000.00 (d) For the support, maintenance and equipment of the State institutions under the management of the State Department of Public Welfare $ 9,500,000.00 (e) For buildings and equipment of above State institutions $ 1,000,000.00 Provided, that from this appropriation the sum of not less than $250,000.00 shall be expended for one year for the erection and equipping of buildings at the School for Mental Defectives at Gracewood. Section 15.For pensions to Confederate widows $ 400,000.00

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ALL OTHER AGENCIES. Section 16.Agriculture, Department of (a) For the cost of operating all activities of the Department, farmers markets, Bangs disease indemnities $ 1,800,000.00 (b) For development of farmers markets $ 250,000.00 (c) For development and acquisition of other facilities $ 300,000.00 Section 17.Alcoholism, Georgia CommissionFor the cost of operating all activities $ 200,000.00 Section 18.Audits, Department ofFor the cost of operating all activities of the Department, county school auditing and Budget Division $ 145,000.00 Section 19.Banking, Department ofFor the cost of operating all activities of the Department $ 135,000.00 Section 20.Capitol Square Improvement CommitteeFor aid in cost of operating the new State Office Building $ 90,000.00 Section 21.Citizens Council, GeorgiaFor the cost of operating $ 25,000.00 Section 22.Commerce, Department ofFor the cost of operating $ 275,000.00 Provided, that from the funds appropriated in this section not less than $50,000.00 annually shall be expended in addition to the amount expended in the 1952-53 fiscal year for the sole purpose of publicizing the State through paid advertising medium. Section 23.Comptroller GeneralFor cost of operating the office of Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council and Insurance Rate Division and the Liquefied Petroleum Safety Act $ 275,000.00 Section 24.Confederate Pensions and RecordsFor the cost of operating the Department $ 15,000.00 Section 25.Conservation (a) For the cost of operating the Department of Forestry, including a $20,000.00 annual allotment to Herty Foundation $ 1,900,000.00 (b) For the cost of operating Game and Fish Commission $ 850,000.00 (c) For cost of operating Department of Mines, Mining and Geology $ 135,000.00 (d) For cost of Operating Oil and Gas Commission $ 6,000.00 (e) For cost of operating Department of Parks $ 350,000.00 Section 26.Corrections, State Board ofFor cost of operating $ 115,000.00 Provided, that any invoice or bill for expense incurred by the State incident to the enforcement of provisions of the Uniform Extradition Act (Acts 1951, pp. 726, 737) shall upon approval of the Governor be paid by the Department from the appropriation made in this section. Section 27.EntomologyDepartment ofFor the cost of operating the Department of Entomology, including emergency disease and insect eradication $ 200,000.00 Section 28.Executive Department (a) For cost of operating the Executive Department, including cost and maintenance expense of executive automobile and telephones at Mansion $ 125,000.00 (b) For allowance payable monthly for cost of operating the Mansion, including servants' hire, food, other supplies and laundry $ 12,000.00 Provided, that the accounts to furnish the necessary heat, light, power, water, repairs, furnishings and equipment shall be paid by the public buildings and grounds fund. (c) For a contingent fund of the Executive Department for other costs of operating, namely, rewards, dues Governors' Conference and special committee expenses $ 5,000.00 Section 29.Historical Commission, GeorgiaFor the cost of operating the Commission $ 100,000.00 Section 30.Labor, Department of (a) For the cost of operating the Commissioner's office and Factory Inspection Division $ 105,000.00 (b) For that part cost of operations of the Employment Security Agency as authorized by Act approved March 8, 1945 $ 65,000.00 Section 31.Law, Department of For the cost of operating the Department of Law $ 200,000.00 Provided, that the compensation of all Assistant Attorneys-General, Deputy Assistant Attorneys-General, all law clerks and stenographic help necessary to carry on the legal duties of the State required of Department of Law or any other agency of the State in the executive branch of the State Government, shall be paid from this fund. No other agency is authorized to expend the funds appropriated as otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item unless the payment is made 100% from Federal funds. Section 32.Library, State For the cost of operating the State Library and the purchase of new books and publications $ 27,750.00 Section 32AMedical Education Board, State For cost of operating the Board and paying grants-in-aid as authorized by provisions of the State Constitution, adopted November 11, 1952 $ 25,000.00 Provided, however, that the appropriation for the above stipulated purposes shall be $45,000.00 for the fiscal year beginning July 1, 1954 and each fiscal year thereafter. Section 33.Milk Control Board For the cost of operating the Milk Control Board $ 125,000.00 Section 34.Pardons and Paroles, State Board of For the cost of operating Board $ 200,000.00 Section 35.Pharmacy Board For the cost of operating the Office of Chief Drug Inspector $ 40,000.00 Section 36.Public Buildings and Grounds (a) For cost of operating State Capitol buildings and grounds; the maintenance of Confederate cemeteries; the repairs, furnishings, equipment, heat, light, power, water and upkeep of grounds at the Mansion and for insurance on public property not otherwise provided for $ 125,000.00 Provided, that the State agency having in charge any State property shall pay the premium of insurance on such property. (b) Special repairs Capitol building and Mansion $ 35,000.00 Section 37.Public Defense, Department of (a) For the cost of operating the Military Division and aid to military organizations $ 345,000.00 (b) For the cost of operating the Civil Defense Division as authorized by Acts of General Assembly $ 200,000.00 Section 38.Public Safety, Department of For the cost of operating the Department of Public Safety $ 2,600,000.00 Section 39Public Service Commission For cost of operating the Utilities Division and the Motor Carriers Division of the Public Service Commission $ 275,000.00 Section 40.Revenue, Department of For cost of operating the Department of Revenue, including liquor warehouses, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State treasury $ 3,750,000.00 Provided, further, that in addition to the above appropriation, there is hereby appropriated from every source of income a sufficient sum to make refunds of collections made in error and farmer gasoline tax refunds and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115) by virtue of said wholesale distributor being engaged in retailing gasoline. Section 41.Rural Housing Committee Operations $ 10,000.00 Section 42. Secretary of State (a) For the cost of operating the Office of Secretary of State; Corporation Division; Building and Loan Division; Securities Division; Commission's Division and Joint Secretary's Office $ 225,000.00 (b) For cost of Operating Archives and History Division $ 45,000.00 (c) For cost of operating the several examining boards $ 175,000.00 Provided, that $135,000.00 of the funds appropriated in this item shall be apportioned to each board in exact ratio of the revenue collections of each board and $40,000.00 shall be available to meet emergencies in the expenses of the boards in discretion of the Secretary of State with approval of the State budget authorities. (d) For cost of housing and safe-keeping permanent and valuable State records and for micro-filming of permanent and valuable State records $ 20,000.00 Section 43.Supervisor of Purchases For the cost of operating the office of Supervisor of Purchases $ 125,000.00 Section 44.Treasury, State (a) For the cost of operating the State treasury $ 50,000.00 (b) For operation of office of Bond Commissioner as per Section 40-1201 of the Code of Georgia $ 10,000.00 Section 45.Treasury Land Title Fund There is hereby in trust for this fund the actual amount of receipts as required by law. Section 46.Veterans Service Office For the cost of operating $ 790,000.00 Section 47.Workmen's Compensation, State Board of For cost of operating the State Board of Workmen's Compensation $ 190,000.00 Section 48.All appropriations and expenditures authorized by this Act shall be subject to provisions of Article VII, Section IX, Paragraph II of the Constitution of Georgia, which continues in force and effect Sections 33, 55, 57, 58, 59, 60, 62, and 63 of Appropriation Act, approved January 29, 1943, same being laws of general application to all appropriations made by the General Assembly. Section 49.The budget authority is hereby directed to economize wherever possible and in the event the appropriations provided in the above sections of this Act shall be in excess of the budget allotments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State.

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TOTAL REGULAR APPROPRIATIONS, EACH FISCAL YEAR..... $229,987,292.97 Section 50.Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that in the event the actual receipts in the State treasury from State revenue funds in a fiscal year for which appropriations are made in this Act, exceeds the amount needed to pay the appropriations and/or allotments authorized by the foregoing sections of this Act, the budget authorities are authorized and directed to make available the following contingent appropriations for each fiscal year in the amounts and for purposes authorized. If there is not sufficient funds as above provided to pay the following contingent appropriations in full, the budget authorities are authorized and directed to make available such part of the contingent appropriations as can be paid from the excess income of the State for the fiscal year for which appropriations are made in this Act, together with an amount not to exceed ten million dollars of the previously accumulated State surplus funds in the State treasury, in each of the fiscal years following July 1, 1953, provided same is not needed to finance in full the appropriations authorized in previous sections of this Act. The State Treasurer and the Comptroller General are authorized and directed to set up the contingent appropriations in full or in part upon receiving authorization from the budget authorities and same shall be in addition to the appropriations or allotments authorized by the foregoing sections of this Act.

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EDUCATION. (a) To supplement and become a part of appropriation provided for the State Board of Education for th educational purposes, including an amount of not less than two and one-half million dollars for additional capital outlay funds and including one hundred thousand dollars for buildings and equipment at the Academy for the Blind and for all other purposes provided for under Section 8 of this Act. Provided, however, that from the first funds made available annually under this provision, the State Board of Education shall make an allotment in an amount sufficient to pay any additional annual compensation determined to be due the teachers and additional teachers from increased enrollments of this State under compensation scale fixed by the State Board of Education in conformity with provisions of the Minimum Foundation Program for Education Act. Provided, however, that the supplement authorized hereunder shall be subject to all rules, regulations, restrictions and limitations set forth in Section 8 of this Act with reference to the regular appropriation for educational purposes, and especially that portion relating to the maintenance and operation of separate schools for the white and colored races $ 12,800,000.00 (b) To supplement and become a part of appropriation provided for the State Board of Regents for the educational purposes provided for under Section 9 of this Act. Provided, however, that the supplement authorized hereunder shall be subject to all the rules, regulations, restrictions and limitations set forth in Section 9 of this Act with reference to the regular appropriation for educational purposes and especially that portion relating to the maintenance and operation of separate schools for the white and colored races. Aid to University System for maintenance and for new buildings, plant and equipment $ 3,000,000.00 (c) To supplement and become part of appropriation provided the State's contribution to the Teacher Retirement Fund $ 500,000.00

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HEALTH, PUBLIC WELFARE. (d) To supplement and become part of appropriation for cost of operating the Department of Public Health $ 950,000.00 (e) To supplement and become part of the appropriation for cost of contracts with local governmental agencies operating local T. B. sanatoria to perform services required by the State Tuberculosis Sanatorium $ 100,000.00 (f) To supplement and become part of the appropriation for General State Hospital, equipment and operations $ 2,460,000.00 (g) To supplement and become part of the appropriation for the cost of operating the Department of Public HealthTuberculosis Sanatorium $ 500,000.00 (h) To supplement and become part of the appropriation to Department of Public Welfare for matching Federal funds for benefits to old age, blind, permanently disabled and dependent children and for additional administration expense $ 1,200,000.00 (i) To supplement and become part of the appropriation for the support, maintenance and equipment of State institutions under management of Public Welfare Department $ 3,000,000.00 (j) To supplement and become part of the appropriation for buildings and equipment of institutions under management of Public Welfare Department $ 750,000.00

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OTHER AGENCIES. (k) To supplement and become part of the appropriation to the State Department of Agriculture for cost of development of farmers markets $ 250,000.00 (l) To supplement and become part of the appropriation for cost of operating the Georgia Commission on Alcoholism $ 500,000.00 (m) To supplement and become part of the appropriation for the Office of Comptroller General $ 75,000.00 (n) To supplement and become part of the appropriation for the Department of Forestry $ 300,000.00 (o) To supplement and become part of the appropriation for the State Game and Fish Commission $ 300,000.00 (p) For cost of development of the various State parks $ 700,000.00 Provided, that from the amount above authorized, a sum of $100,000.00 be made available each fiscal year for the development of the Veterans State Park. Provided, further, that from the amount above authorized a sum of not less than $250,000.00 be made available each fiscal year for the safe-keeping and development and costs incident thereto of the Jekyll Island State Park. Provided, further, that from the amount above authorized a sum of not less than $25,000.00 be made available each fiscal year for the safe-keeping and development and costs incident thereto of the Little Ocmulgee State Park. (q) To supplement and become part of the appropriation for cost of operating the Department of Public DefenseMilitary Division $ 50,000.00 (r) For cost of operations and development of the State PortSavannah, Georgia (a) For cost of operations $ 40,000.00 (b) For development of lands, buildings and equipment $ 250,000.00

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TOTAL CONTINGENT APPROPRIATIONS..... $27,725,000.00 Section 51.All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 20, 1953.

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EASTERN JUDICIAL CIRCUITSOLICITOR-GENERAL AND ASSISTANTS. No. 203 (House Bill No. 316). An Act fixing, establishing and providing a salary for the Solicitor-General of the Eastern Judicial Circuit of Georgia; repealing Section 2 of the Act approved February 16, 1949, fixing the salary of said Solicitor-General of the Eastern Judicial Circuit of Georgia; providing for the appointment of assistants to the Solicitor-General of the Eastern Judicial Circuit of Georgia, and providing for salaries to be paid said assistants; repealing Section 5 of the Act approved February 22, 1933, providing for an assistant to said Solicitor-General and payment of salary; repealing all laws in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Section 2 of that certain Act approved February 16, 1949, and incorporated in the Acts of 1949 of the General Assembly of the State of Georgia on pages 648 and 649 thereof, be and the same is hereby specifically repealed. Act of 1949 repealed. Section 2. Be it further enacted by the authority of the same that from and after the passage of this Act the salary of the Solicitor-General of the Eastern Judicial Circuit of Georgia shall be the sum of $10,000.00 per annum, which shall be in addition to the salary of $250.00 per annum prescribed by Paragraph 1, Section 12 of Article 6 of the Constitution of 1945 of the State of Georgia, and said salary shall be paid out of the general treasury of Chatham County and it shall be and is hereby made the duty of the Commissioners of Chatham County and Ex-officio Judges thereof to cause said salary to be paid to said solicitor-general annually in twelve (12) equal monthly installments. Funds for the payment of said salary shall be provided by said County Commissioners and Ex-officio Judges thereof in the same manner and from the same source as the operating expenses

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of the Superior Court of Chatham County and as a part thereof. Said salary shall be in full payment for all services of the said solicitor-general, except as to services in the Supreme Court of the State of Georgia and the Court of Appeals of the State of Georgia, which services shall be compensated as provided by law. Salary. Section 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Section 5 of that certain Act approved February 22, 1933, and incorporated in the Acts of 1933 of the General Assembly of the State of Georgia on page 811 thereof be and the same is hereby specifically repealed, and in lieu thereof another section to be known as Section 5 is hereby enacted, to wit: Sec. 5, Act of 1933 amended. Section 5. Said Solicitor-General of the Eastern Judicial Circuit of Georgia shall have the power and authority to appoint two assistants in the office of said Solicitor-General, who shall perform such duties as may be required of them by said Solicitor-General. The salaries of said assistants shall be fixed by the County Commissioners and Ex-officio Judges of Chatham County, Georgia, and paid out of the treasury of Chatham County as a part of the operating expenses of the Superior Court of Chatham County and of the City Court of Savannah, the funds therefor to be provided in the same manner as the other operating expenses of said courts. Assistants. Section 4. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that nothing contained in this Act shall be construed to prevent the Solicitor-General of the Eastern Judicial Circuit of Georgia from receiving such other emoluments, pensions, expense items or other fees as are now fixed or which may hereafter be fixed by the General Assembly of Georgia. Section 5. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that all laws and parts of laws in conflict with the provisions of this Act be, and the

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same are hereby repealed. Section 6. Advertisements as required by law having been made and published, a certificate is hereto attached and made a part hereof. State of Georgia, Chatham County: Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Herman Hexley 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 Special Notice. Notice is hereby given in accordance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945, and in accordance with the provisions of Section 2-1915 of the Code of Georgia, that a bill will be introduced at the session of the General Assembly of Georgia which will convene in the month of January, 1953, to be entitled; An Act to amend the Act approved February 22, 1933, fixing the salary of the Solicitor-General of the Eastern Judicial Circuit of Georgia and providing for Assistant Solicitors-General to said Solicitor of the Eastern Judicial Circuit of Georgia and to amend the Act approved February 16, 1949, which amended the said Act of February 22, 1933, as related to the salary of the Solicitor-General of the Eastern Judicial Circuit of Georgia. Andrew J. Ryan, Jr., Solicitor-General of the Eastern Judicial Circuit of Georgia.

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has been published in said Savannah Evening Press once a week for 3 weeks, to wit in the regular issues of Dec. 15-22-29, 1952. /s/ Herman Hexley. Sworn to and subscribed before me, this 9th day of January 1953. /s/ Juanita B. Hendrix, Notary Public, Chatham County, Ga. (Seal). Approved February 23, 1953. FOREIGN TRUSTEES AS TO LANDS IN GEORGIA. No. 208 (Senate Bill No. 118). An Act to require all foreign trustees as to lands in this State to designate an agent for service of summons, notice and process with provisions for service in cases where no agent upon whom service can be made is designated; to provide the venue for actions against such non-resident trustees; to provide that such foreign trustees shall be subject to the jurisdiction of the superior courts to the same extent as resident trustees; to prescribe a time after which it shall be unlawful for a non-resident trustee who has not complied with the terms of this Act to exercise control or dominion over any of such lands or handle or disburse funds conditioned to its upkeep or improvement; to provide when such trusteeship shall be deemed vacant and for the appointment of a new trustee; to provide that the provisions of this Act shall be cumulative; to provide that this Act shall not be construed so as to authorize any non-resident to act as trustee who is not now so authorized; 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. Any foreign trustee as to lands in this State who shall continue to hold, administer or in any manner exercise dominion over the same after May 1, 1953, shall be deemed to have consented that any summons, notice or process in connection with any action or proceedings in the courts of this State growing out of or based upon any act or failure to act on the part of such trustee may be sufficiently served upon the Secretary of State of this State unless such trustee shall designate and keep designated some person or persons who may be found and served with notice, summons or process in this State, as the agent or agents for such service, by a designation or designations to be filed, from time to time, in the office of said Secretary of State, giving the names of such agent or agents and the place or places in this State where such agent or agents may be found and served. Designation of agent to receive notice, summons, etc. Section 2. If such foreign trustee shall fail to designate some person or persons who may be found and served with notice, summons, or process in this State, then service of summons, notice or process shall be made upon such trustee by leaving a copy thereof, with a fee of $2.00, in the hands of the Secretary of State of Georgia, and such service shall be sufficient service upon such non-resident trustee, provided that notice of such service and a copy of the process is forthwith sent by registered mail by the plaintiff or the Secretary of State of Georgia, to the trustee in the State where such trustee may reside, and the return receipt and the affidavit of the plaintiff or the Secretary of State as to compliance herewith are appended to the summons or other process and filed with said summons, petition and other papers in the court where the action is pending. Service, how effected where no agent. Section 3. All actions brought against such non-resident trustee, shall be brought in the county where the lands or some portion of the same shall lie. In the event suit is brought in a county other than one in which the person or persons designated by the non-resident trustee to accept service shall reside, service of such summons and process under this Act may be perfected upon such trustee by a second original served upon such person

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or persons in any other county of this State, and in the absence of a person or persons designated by the trustee to receive service such summons and process may be served upon the Secretary of State as hereinbefore provided. Venue of actions. Section 4. All foreign trustees as to lands in this State shall be subject to removal, giving bond and direction by the superior court of any county where such lands lie, to the same extent as a resident trustee and all of the applicable provisions of Title 108 of the Code of Georgia shall apply to non-resident trustees to the same extent as resident trustees. Removal of trustee, bond, etc. Section 5. After May 1, 1953, it shall be unlawful for any non-resident trustee who has failed to comply with this Act to exercise any control or dominion over any such lands or to handle or disburse any funds conditioned to the care, upkeep or improvement of such lands and such trusteeship shall be deemed vacant and a new trustee shall be appointed as provided in Chapter 108-3 of the Code of Georgia. Failure to comply with Act. Section 6. The provisions of this Act are cumulative of any other laws of this State on the same general subject. Section 7. The provisions of this Act shall not be construed to authorize any non-resident to act as trustee in this State who could not lawfully so act prior to its passage, but it shall apply to any non-resident who is at the time of its passage unlawfully acting as trustee as to lands in this State so as to afford an additional method of removing such trustee and appointing a new trustee. Construction. Section 8. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 24, 1953.

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FORSYTH SUPERIOR COURT TERMS. No. 211 (House Bill No. 330). An Act to provide for the holding of terms of the Superior Court in Forsyth County; to provide for effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Beginning with the year 1953, the terms of the Superior Court in Forsyth County shall be held on the fourth Monday in March, the fourth Monday in July, and the third Monday in November. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Forsyth County. Before me, the undersigned officer, authorized by law to administer oaths, personally appeared James L. Reeves, who, on oath, says: He is associate editor of The Forsyth County News, a newspaper published in Cumming, Forsyth County, Georgia, in which sheriff's advertisements are published, and having a general circulation in said county. The attached notice relating to the introduction of a local bill affecting the terms of Forsyth Superior Court was published in said newspaper on December 11th, 18th and 25th, 1952. /s/ James L. Reeves. Sworn to and subscribed before me, this 19th day of January 1953. /s/ Leon Boling, Notary Public, Forsyth County, Ga.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia, a local bill affecting the terms of the Superior Court of Forsyth County. This December 8, 1952. James A. Otwell, Jr., Representative, Forsyth County, Georgia. Approved February 24, 1953. SALES TAX ACT AMENDED. No. 213 (House Bill No. 357). An Act to amend Section 3 (c) 2 of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), so as to provide that the sales or use tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act shall not apply to school lunches sold and served to pupils and employees of public schools; to provide that the sales or use tax shall not apply on state banks in Georgia where it is determined that national banks enjoy an immunity from such taxes; to provide that the sales and use tax shall not apply to the sale of any religious paper in Georgia owned and operated by religious institutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person; to provide that the sales and use tax shall not apply to the transportation of tangible personal property, including charges for accessorial charges (such as refrigeration, switching, storage and demurrage), made in connection with interstate and intrastate transportation of such property; to repeal conflicting laws; and for other related 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 3 (c) 2 of the Georgia Retailers' and Consumers' Sale and Use Tax Act (Ga. Laws 1951, p. 360), which provides for what shall not be included within the meaning of the terms sale at retail, use, storage and consumption be and the same is hereby amended by adding new subparagraphs as follows to be appropriately numbered: Sec. 3 (c) 2. School lunches sold and served to pupils and employees of public schools. Sales to state banks in Georgia where it is determined that national banks enjoy an immunity from such taxes. Sales of any religious paper in Georgia, owned and operated by religious institutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person. Charges made for the transportation of tangible personal property, including charges for accessorial charges (such as refrigeration, switching, storage and demurrage) made in connection with interstate and intrastate transportation of such property. Section 2. That Section 3 (c) 2 of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360) be and the same is hereby amended by striking in its entirety the second paragraph thereof, which reads as follows: The terms `retail sale' and `sale at retail' shall also not include the following: and substituting in lieu thereof the words: Such terms shall also not include the following:, so that said paragraph when so amended shall read as follows: Sec. 3 (c) 2. Such terms shall also not include the following: Section 3. That all laws and parts of laws in conflict

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with this Act are hereby repealed. Approved February 24, 1953. SALES TAX ACT AMENDED. No. 218 (House Bill No. 398). An Act to amend Section 26 of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for a statute of limitations, so as to provide that in the case of a false or fraudulent return with intent to evade the tax or a failure to file a return there shall be no statute of limitations; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 26 of the Georgia Retailers' and Consumers' Sales and Use Tax Act be and it is hereby amended by adding the following language: Provided, however, in the case of a false or fraudulent return with intent to evade payment of taxes imposed by this Act or a failure to file a return, the tax may be assessed or a proceeding in court for the collection of such tax may be begun without assessment at any time., so that said Section 26 when so amended shall read as follows: Sec. 26 amended. Section 26. The amount of taxes imposed by this law shall be assessed within three (3) years after such taxes become due and payable and no proceeding of any kind for the collection of such taxes, interest or penalty shall be begun after the expiration of such period. Provided, however, in the case of a false or fraudulent return with intent to evade payment of taxes imposed by this Act or a failure to file a return, the tax may be assessed or a proceeding in court for the collection of such tax may be begun without assessment at any time. Limitation of actions.

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Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1953. TAXATIONSETTLEMENTS AND COMPROMISES. No. 223 (House Bill No. 356). An Act to amend an Act known as An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commissioner and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the department; to create the State Board of Tax Appeals; to provide for review by the board of the assessments and equalization orders of the Commissioner; to make appropriation for the department and the board; to provide for appeal to the board from the superior courts; to enforce tax liability to other States which reciprocate; to repeal Code Sections 92-4507, 92-6001-7, 92-7004-6, Chapters 92-60; 92-61, and 92-68 and laws in conflict with this Act; to provide for the administration of and enforcement of the tax laws; and for other purposes. (Ga. Laws 1937-1938 Ex. Sess., p. 77), as amended, so as to provide for the settlement and compromise of any proposed tax assessment, any final tax assessment, or any tax fi. fa. by a board composed of the Attorney-General, the State Revenue Commissioner, the Chairman of the House of Representatives Ways and Means Committee, the

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Chairman of the Senate Finance Committee, and the State Auditor; to provide that a majority of said board shall be empowered to act; to provide that the State Revenue Commissioner shall keep a record of all such settlements and compromises; to repeal conflicting laws; and for other related 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 comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the department; to create the State Board of Tax Appeals; to provide for review by the board of the assessments and equalization orders of the Commissioner; to make appropriation for the department and the board; to provide for appeal to the board from the superior courts; to enforce tax liability to other States which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61, and 92-68 and laws in conflict with this Act; to provide for the administration of and the enforcement of the tax laws; and for other purposes, be amended by adding a new section to be designated Section 9 (a), which shall read as follows: Act of 1937-38 amended. Section 9 (a). There is established a board composed of the Attorney-General, the State Revenue Commissioner, the Chairman of the House of Representatives Ways and Means Committee, the Chairman of the Senate Finance Committee, and the State Auditor, which is hereby authorized to settle and compromise any proposed tax

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assessment, any final tax assessment or any tax fi. fa. which because of the insolvency of the taxpayer or the questionable legal position of the State the collection of said taxes is doubtful and said settlement or compromise is in the best interest of the State. Provided, however, that a majority of the board shall be empowered to settle and compromise; and, provided further, that the State Revenue Commissioner shall keep a record of all such settlements and compromises made and the reasons therefor. Board to make settlements and compromises. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1953. INCOME TAX, VETERANS OF KOREAN CONFLICT. No. 224 (House Bill No. 355). An Act to provide that the income tax returns of all persons serving in the armed forces of the United States between January 1, 1950 and the termination of the Korean conflict shall be computed or recomputed so as to allow a deduction from the gross income for any year of so much of the compensation for such services as does not or did not exceed fifteen hundred ($1500) dollars in addition to all other deductions allowed by law, and to exempt such compensation from income taxes where such deductions were not made before passage and approval of this Act; to provide that after allowing said deductions, any sum found to be overpaid to the State Revenue Commissioner shall be refunded without interest to the taxpayer; to provide for an appropriation of sufficient sums to make such refunds; to provide that any sum remaining from such appropriation after payment of all refunds herein provided shall be paid into the State

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treasury; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the income tax returns of all persons serving in the armed forces of the United States between January 1, 1950 and the termination of the Korean conflict shall be computed or recomputed so as to allow a deduction from gross income for any year of so much of their compensation for such services as does not and did not exceed fifteen hundred ($1500) dollars in addition to all other deductions allowed by law, and to exempt such compensation from income taxes where such deduction was not made either before or after the passage of this Act. Deductions. Section 2. That after allowing said deduction as herein provided, any sum found to be overpaid to the State Revenue Commissioner shall be refunded without interest to the taxpayer. Refunds. Section 3. That the sum of twenty thousand ($20,000) dollars or so much thereof as may be necessary be appropriated annually for refund of income taxes collected not in accordance with this Act. Section 4. That all refunds herein provided shall be paid by warrants of the Governor issued upon requisition therefor showing the person to whom the refund shall be paid and the reason therefor. Section 5. That any sum remaining after the payment of all refunds provided by this Act shall be paid into the State Treasury. Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 24, 1953.

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COUNTY TAX ASSESSORSAGENT TO SEEK OUT UNRETURNED PROPERTY. Code 92-6910 Amended. No. 226 (House Bill No. 17). An Act to amend Section 92-6910 of the Code of Georgia of 1933, as amended by an Act of 1937 (Ga. Laws, 1937, pp. 517-524), relating to the chairman and secretary of the county board of tax assessors and the employment of agents to seek out unreturned property, by deleting from this section of the Code the right of the board to employ agents to seek out unreturned property and substituting in lieu thereof a provision for the board to employ, subject to the approval of the board of county commissioners, appraisal firms or individuals to assist in mapping, cataloging and re-evaluating taxable property or to purchase such information; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. That Section 92-6910 of the Code of Georgia of 1933, as amended by an Act of 1937 (Ga. Laws, 1937, pp. 517-524) be and the same is hereby amended by striking from said section the following words: The board shall have authority to employ agents to seek out all unreturned taxable stocks and bonds together with all other classes of unreturned taxable property in the county and bring it to the attention of said board. Said agent shall be allowed for such services a commission of not more than 10 percent of the amount of tax collected by the county for county and school purposes from such unreturned property so discovered and placed on the digest by the efforts of said agents. The commission allowed said agents shall be paid from the county treasury out of the amounts so placed on the book by said agents and when collected by the county as a part of the expense of said board, and substituting in lieu

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thereof the following words: The county boards of tax assessors in each county, may, subject to the approval of the board of county commissioners, county commissioner or other governing authority of such county, enter into contracts with firms, individuals or corporations of this or other states for the employment of such persons to assist the said boards in the mapping, platting, cataloging, indexing and appraising of taxable properties in the county, and to make, subject to the approval of such boards of assessors, re-evaluations of taxable properties and to search out and assess unreturned properties in such counties, or to purchase such information from any municipality or political subdivision of the State of Georgia. The expense of such employees and said work shall be paid, subject to the contract, first approved by the county governing authority, out of county funds as a part of the expense of the said boards. so that Section 92-6910 of said Code, as amended, shall read as follows: Code 92-6910 amended. 92-6910. Chairman and secretary of board; employment of agent to seek out unreturned property . The county board of tax assessors shall elect one of their number as chairman for such a term as they shall fix. The board shall have authority to employ a competent person to serve as secretary. He shall keep a record of the proceedings of the board, and shall receive for his services in this capacity such compensation as may be fixed by the board of county commissioners or other authority in charge of the financial affairs of the county but not less than $3 per day while actually attending sessions of the board; the same to be paid out of the county treasury in the same manner in which other county payments are made. The county boards of tax assessors in each county may, subject to the approval of the board of county commissioners, county commissioner or other governing authority of such county, enter into contracts with firms, individuals, or corporations for the employment of such persons to assist the said boards in the mapping, platting, cataloging, indexing and appraising of taxable properties in the county, and to make, subject to the approval of such boards of assessors, re-evaluations of taxable property and to search

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out and appraise unreturned properties in such counties, or to purchase such information from any municipality or political subdivision of the State of Georgia. The expense of such employees and said work shall be paid, subject to the contracts, first approved by the county governing authority, out of county funds as a part of the expense of the said boards. Employment of agent to seek out unreturned property. Section 2. Should any part or section of this Act be held to be unconstitutional by any court, for any reason, this shall not affect nor render void the other portions or sections hereof. Section 3. This Act shall become effective upon its passage and approval by the Governor. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1953. SALES TAX ACT AMENDED. No. 235 (House Bill No. 395). An Act to amend Section 4 of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360) which section provides for definitions of the term dealer, so as to provide for an additional definition of the term dealer; to provide that such dealers may not maintain an action in this State unless it be shown that the provisions of this Act have been complied with; to repeal conflicting laws and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 4 of the Georgia Retailers' and Consumers' Sales and Use Tax Act be and the same

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is hereby amended by adding the following language between the ninth and tenth paragraphs of said Section 4: Sec. 4 amended. `Dealer' also means and includes every person who solicits business either by representatives or by the distribution of catalogs or other advertising matter and by reason thereof receives and accepts orders from consumers in the State of Georgia, and such dealer shall collect the tax imposed by this Act from the purchaser and no action either in law or in equity on a sale or transaction as provided by the terms of this Act may be had in this State by any such dealer unless it be affirmatively shown that the provisions of this Act have been fully complied with. Dealer defined. Actions. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953. SALES TAX ACT AMENDED. No. 236 (House Bill No. 396). An Act to amend Section 3 (c)1(c) of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360) which section defines certain admission charges taxable so as to provide for a clarification of the original intent of the General Assembly that charges made for the operation of a coin-operated music and amusement devices and charges made for participation in games and amusement activities are taxable; to repeal conflicting laws and for other related 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 3(c)1(c) of the Georgia Retailers'

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and Consumers' Sales and Use Tax Act, which defines certain admission charges taxable has not been clear as to the intent of the General Assembly in regard to the operation of coin-operated musical devices, coin-operated amusement devices, and charges made for participation in games and amusement activities, is hereby amended to show the original intent of the General Assembly by striking in its entirety Section 3(c)1(c), which reads as follows: (c) Sales of tickets for admission to places of amusement, sports, or entertainment, including billiard and pool rooms, bowling alleys, amusement devices, musical devices, theatres, opera houses, moving picture shows, vaudeville, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games, skating rinks, race tracks, public bathing places, public dance halls or any other place at which any exhibition, display, amusement or entertainment is offered to the public or place or places where an admission fee is charged., and substituting therefor the following language, so that said section 3(c)1(c) when so amended shall read as follows: Sec. 3(c)1(c) amended. (c) Sales of tickets, fees or charges made for admission to or voluntary contributions made to places of amusement, sports, or entertainment, including billiard and pool rooms, bowling alleys, amusement devices, musical devices, theatres, opera houses, moving picture shows, vaudeville, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games, skating rinks, race tracks, public bathing places, public dance halls or any other place at which any exhibition, display, amusement or entertainment is offered to the public or place or places where an admission fee is charged, together with charges made for the operation of coin-operated musical devices and other such coin-operated amusement devices and charges made for participation in games and amusement activities. Entrance charge to amusements, etc. Coin-operated machines. Section 1A. The provisions of this Act are not to be retroactively applied.

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Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953. SALES TAX ACT AMENDED. No. 237 (House Bill No. 397). An Act to amend Section 3(c)2 of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for what shall not be included within the meaning of the terms sale at retail, use, storage, and consumption, so as to provide for a clarification of the original intent of the General Assembly that the exemption of industrial materials will be confined to those that become a component part of the finished product or become coated upon or impregnated into the product at any stage of its processing, manufacture, or conversion; to provide for a clarification of the original intent of the General Assembly that there shall not be included within the meaning of the term industrial materials, natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power and refrigeration; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 3(c)2 of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for what shall not be included within the meaning of the terms sale at retail, use, storage, and consumption be amended by deleting the following language from the first paragraph thereof: Nor shall such terms include industrial material, other than machinery and machinery repair parts, that are used directly in the fabricating, converting

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or processing of articles of tangible personal property or parts thereof for resale, and by substituting therefor, in order to make clear the original intent of the General Assembly, the following language: Nor shall such terms include industrial materials, other than machinery and machinery repair parts, that are coated upon or impregnated into the product at any stage of its processing, manufacturing or conversion., and by adding the following language to the first paragraph of said Section, in order to make clear the original intent of the General Assembly of Section 3(c)1(a): Provided, however, the term `industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or converting process., so that the first paragraph of said Section 3(c)2 when so amended shall read as follows: Sec. 3(c)2 amended. 2. The terms `sale at retail,' `use,' `storage,' and `consumption' shall not include the sale, use, storage or consumption of industrial materials for future processing, manufacture or conversion into articles of tangible personal property for resale where such industrial materials become a component part of the finished product nor shall such terms include industrial materials, other than machinery and machinery repair parts, that are coated upon or impregnated into the product at any stage of its processing, manufacture or conversion, nor shall such terms include materials, containers, labels, sacks or bags used for packaging tangible personal property for shipment or sale. Provided, however, the term `industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or converting process. Sale at retail, use, storage, consumption. Industrial materials. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1953.

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SALES TAX ACT AMENDED. No. 238 (House Bill No. 391). An Act to amend Section 16 (c) of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which provides for certain penalties and interest, so as to provide that the five percent (5%) per month penalty and the six percent (6%) per annum interest shall not be imposed or assessed upon such dealers who are delinquent by reason of providential causes if such dealers attach proof in affidavit form to the satisfaction of the Commissioner and file the same within ten (10) days of due date, such returns may be accepted exclusive of penalties and interest; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the first paragraph of Section 16 (c) of the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for certain penalties and interest, be and is hereby amended by adding at the end of line 9 immediately after the ward aggregate the following language: Provided, however, if such failure is due to providential cause shown to the satisfaction of the Commissioner in affidavit form attached to the return and remittance within ten (10) days of the due date of the return, the Commissioner may accept the return exclusive of penalties and interest. so that said first paragraph of said Section 16(c) when so amended shall read as follows: Sec. 16 (c) amended. (c) When any dealer shall fail to make any return and pay the full amount of the tax required by this Act there shall be imposed, in addition to other penalties provided herein, a specific penalty to be added to the tax in the amount of five percent (5%), if the failure is for not more than thirty (30) days with an additional five percent (5) for each additional thirty (30) days,

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or fraction thereof, during which the failure continues, not to exceed twenty-five percent (25%) in the aggregate. Provided, however, if such failure is due to providential cause shown to the satisfaction of the Commissioner in affidavit form attached to the return and remittance within ten (10) days of due date, such returns may be accepted exclusive of penalties and interest. In the case of a false or fraudulent return, where wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty percent (50%) of the tax bill shall be assessed. Penalty, failure to make return. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1953. SALES TAX ACT AMENDED. No. 239 (House Bill No. 392). An Act to amend Section 12 (b) of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides that dealers shall add the tax to the sales price and dealers failing so to do are liable for the tax themselves, so as to provide that the Attorney-General shall be served a copy of all pleadings by any person raising the issue of taxability under this Act and any judgment shall be void in any case where such service is not shown; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 12 (b) of the Georgia Retailers' and Consumers' Sales and Use Tax Act be and the same is hereby amended by adding the following language at the end of the first sentence in Section

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12 (b): Provided, however, that if the issue of tax-ability is raised in any such case, the person who raised such issue shall furnish the Attorney-General with a copy of the initial pleading wherein such issue is raised, receipt of which shall be acknowledged by the Attorney-General and such acknowledgement filed in the court wherein said case is pending. Any judgment rendered in such a case wherein said acknowledgement has not been filed shall be void and of no effect., so that said Section 12 (b) when so amended, shall read as follows: Sec. 12 (b) amended. (b) Dealers shall, as far as practicable, add the amount of the tax imposed under this Act to the sales price or charge, which shall be a debt from the purchaser or consumer to the dealer, until paid, and shall be recoverable at law in the same manner as other debts. Provided, however, that if the issue of taxability is raised in any such case, the person who raised such issue shall furnish the Attorney-General with a copy of the initial pleading wherein such issue is raised, receipt of which shall be acknowledged by the Attorney-General and such acknowledgement filed in the court wherein said case is pending. Any judgment rendered in such a case wherein said acknowledgment has not been filed shall be void and of no effect. Any dealer who shall neglect, fail, or refuse to collect the tax herein provided, upon any, every and all retail sales made by him, or his agents, or employees, or tangible personal property which is subject to the tax imposed by this Act, shall be liable for and pay the tax himself. Issue of taxability; service on Attorney-General. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1953.

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SALES TAX ACT AMENDED. No. 240 (House Bill No. 393). An Act to amend Section 3 (c) 1 of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 151, p. 360) which section provides for what shall be included within the meaning of a retail sale or a sale at retail, so as to provide that sales to certain persons for resale shall be deemed taxable sales; to provide standards and a guide for the State Revenue Commissioner to follow in order to determine what shall be deemed a taxable sale; to provide for rules and regulations; to provide for issuance and revocation of certificates of registration; to repeal conflicting laws and for other related 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 3 (c) 1 of the Georgia Retailers' and Consumers' Sales and Use Tax Act, which provides for what shall be included within the meaning of a retail sale or a sale at retail, be and is hereby amended by adding a new paragraph as follows to be known as subparagraph (d): Sec. 3 amended. (d) Sales of tangible personal property to persons for resale when because of the operation of the business or its very nature or the turnover of so-called independent contractors or the lack of a place of business in which to display a certificate of registration, or the lack of a place of business in which to keep records, or the lack of adequate records, or because such persons are minors or transients, or because such persons are engaged in essentially service businesses, or for other reason there is likelihood that the State will lose tax funds due to the difficulty of policing such business operations. Sale at retail. The Commissioner is authorized to promulgate rules and regulations requiring vendors of such persons to collect the tax imposed by this Act on the cost price of such

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tangible personal property to such persons and shall refuse to issue certificates of registration and may revoke certificates of registration heretofore issued to such persons. Provided that the requirements of notice and hearing contained in Section 24 of this Act shall have no application to the revocation of certificates of registration heretofore issued to persons described herein. Rules and regulations. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953. SALES TAX ACT AMENDED. No. 241 (House Bill No. 394). An Act to amend Section 16 (e) of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for records which dealers are required to keep, so as to provide that dealers are required to keep and preserve all invoices and other records for a period of three (3) years; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 16 (e) of the Georgia Retailers' and Consumers' Sales and Use Tax Act be and is hereby amended by deleting in line 9 the word two and inserting in lieu thereof the word three, so that said Section 16(e) when so amended shall read as follows: Sec. 16 (e) amended. (e) It shall be the duty of every dealer required to make a report and pay any tax under this Act, to keep and preserve suitable records of the sales or purchases, as the case may be, taxable under this Act, and such

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other books of account as may be necessary to determine the amount of tax due hereunder, and other information as may be required by the Commissioner; and it shall be the duty of every such dealer, moreover, to keep and preserve, for a period of three years, all invoices and other records of goods, wares and merchandise, or other subjects of taxation under this Act; and all such books, invoices, and other records shall be open to examination at all reasonable hours to the Commissioner or any of his duly authorized agents. Dealer's records. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1953. PUBLIC ROADSSIGNS AND ADVERTISEMENTS. Code 95-2001 Repealed. No. 242 (House Bill No. 366). An Act to repeal Section 95-2001 of the Code of Georgia relating to the erection of signs and advertisements within the right of way limits of public roads; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That Section 95-2001 of the Code of Georgia, which section reads as follows: No person, firm, or corporation shall, without the permission of the public road authorities having supervision over the public roads and highways herein referred to, erect, affix, or maintain any sign of device, or advertisement of any description whatsoever, within the right of way limits of any public road. The right of way limits are hereby declared to be any property deeded to public road authorities for public road purposes, and, in the absence of any deed,

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to be the outside construction lines, including borrowpits, ditches, and slopes, on such public roads. is hereby repealed in its entirety. Code 95-2001 repealed. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved February 25, 1953. SUNDAY SALES OF CERTAIN PRODUCTS. No. 244 (Senate Bill No. 83). An Act to make it lawful to sell perishable farm products, growing plants, and perishable seed on Sunday; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. From and after the passage of this Act, it shall be lawful to sell or offer for sale perishable farm products, growing plants, and perishable seed on Sunday. Products. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953. PROCESSIONERSAPPOINTMENT AND COMPENSATION. Code 85-1604, 85-1610 Amended. No. 246 (House Bill No. 389). An Act to amend Section 85-1604 of the Code of Georgia,

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relating to the appointment of land processioners, so as to provide that the ordinary in each county shall appoint such processioners; to amend Section 85-1610 of the Code of Georgia, relating to the fees of land processioners and the county surveyor, so as to change such fees and to provide that the ordinary may fix such fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 85-1604 of the Code of Georgia, relating to the appointment of land processioners, is hereby amended by adding at the end thereof the following: The ordinary in each county of this State shall make the appointments provided in this section, any provisions of Acts creating boards of county commissioners to the contrary notwithstanding, and any such provisions, either express or implied, are hereby specifically repealed, and the power to appoint processioners under this section is hereby expressly removed from the board of county commissioners in each and every county of this State having such a board., so that when so amended Section 85-1604 shall read as follows: Code 85-1604 amended. The ordinary of each county shall, at the second term of his court in every second year, appoint three suitable persons in every militia district in the county, who shall be processioners of land for that district until their successors are appointed. Vacancies may be filled in the same manner at any time. If none is appointed, the ordinary shall appoint at any regular term, on the application of any landowner. The ordinary in each county of this State shall make the appointments provided in this section, any provisions of Acts creating boards of county commissioners to the contrary notwithstanding, and any such provisions, either express or implied, are hereby specifically repealed, and the power to appoint processioners under this section is hereby expressly removed from the board of county commissioners

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in each and every county of this State having such a board. Appointment by ordinary. Section 2. Section 85-1610 of the Code of Georgia, relating to the fees of land processioners and the county surveyor, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 85-1610 to read as follows: Code 85-1610 amended. The applicant shall pay to each of the processioners not less than six ($6.00) dollars per day for his services, and to the county surveyor not less than twelve ($12.00) dollars per day for his services. If a protest is filed, the costs of the court shall abide the issue. The ordinary is authorized to fix the compensation of processioners and of the county surveyor in his or her county at the time of making the biennial appointment of processioners as provided in Section 85-1604 of the Code of Georgia, as amended, but the same shall be not less than the compensation specified above in this section. Compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953. CORONER'S JURIES. Code 21-209 Amended. No. 247 (House Bill No. 151). An Act to amend Section 21-209 of the 1933 Code of Georgia which provides for the coroner summoning a jury and provides for payment to the jurors for their services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. Section 21-209 of the 1933 Code of Georgia which provides for the coroner summoning a jury and provides for payment to the jurors for their services is hereby amended by striking from the fourth line of said section the figure $1.00 and inserting in lieu thereof the figure $3.00 so that said section, as amended, will read as follows: Code 21-209 amended. 21-209.The coroner shall summon and impanel six jurors to hold an inquest, and the majority vote shall decide the verdict. The jurors sworn and impaneled upon an inquest shall be paid $3 each for their services as jurors upon each inquest, and it shall be the duty of the coroner, or other person discharging the duties of coroner, to give a certificate of the fact of such service to each juror; upon presentation of which to the proper county authority of the county in which the inquest is held, he shall give the claimant an order on the treasurer for the same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953. LOOKOUT MOUNTAIN CIRCUITFINES AND FORFEITURES. No. 248 (House Bill No. 379). An Act to amend an Act approved January 26, 1950, creating the Lookout Judicial Circuit, (now Lookout Mountain Judicial Circuit) (Ga. Laws 1950, pp. 23-29), as amended, by adding sections to be known as Section 6-b and Section 6-c to said Act, so as to impose certain duties upon the clerks of city and superior courts of the counties composing the Lookout Mountain Judicial Circuit, and upon the solicitor-general of said circuit, in reference to the collection, payment and disposition of fines and forfeitures, including solvent

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and insolvent costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act approved January 26, 1950, creating the Lookout Judicial Circuit, (now Lookout Mountain Judicial Circuit) (Ga. Laws 1950, pp. 23-29), as amended, is hereby amended by adding sections to be known as Section 6-b and 6-c, which sections shall read as follows: Section 6-b. It shall be the duty of the clerks of the city and superior courts of the counties composing the Lookout Mountain Judicial Circuit, to collect all costs, fines and forfeitures arising out of criminal cases in their respective courts. Said clerks of the city and superior courts of said counties shall keep an accurate, detailed and exact record, including insolvent costs and all money arising from such costs, fines and forfeitures, and shall, at each term of their respective courts, distribute and pay over all such sums so collected to such counties and officers according to the priorities now or hereafter prescribed by law, and on his failure to do so he shall be subject to rule at the instance of any party aggrieved. Costs, fines, and forfeitures. Section 6-c. The solicitor-general of said circuit is hereby charged with the duty of supervising the collection and disbursement of the costs, fines and forfeitures specified in Section 6-b, and at the conclusion of each term of court, he shall view and verify the books, records and vouchers of said clerk with respect thereto, and it shall be his duty in all of the counties of said circuit to see that all such costs, fines and forfeitures as may be collectible are faithfully collected and accurately accounted for and paid to the counties and proper officers of said counties according to the priorities now or hereafter prescribed by law. It shall be his further duty to furnish his own services as attorney at law in the collection of all such sums, whenever it becomes necessary. Section 2. All laws and parts of laws in conflict with

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this Act are hereby repealed. Approved February 25, 1953. PROFESSIONAL TAXES. No. 251 (House Bill No. 59). An Act to provide that from and after the passage of this Act no municipal corporation or county authority of this State shall levy or collect any license, occupation or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, chiropody, dentistry, optometry, masseur, public accounting, embalming, funeral directors, civil, mechanical, hydraulic, or electrical engineering or architecture except at the place where any such practitioner shall maintain his principal office, provided further that where any such principal office is located within the corporate limits of any municipality no county authority shall have the power or authority to levy any such tax as to that office; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority thereof: Section 1. From and after the passage of this Act no municipal corporation or county authority of this State, notwithstanding any provision in its charter to the contrary, shall levy or collect any license, occupation or professional tax upon practitioners of law, medicine, osteopathy, chiropractic, chiropody, dentistry, optometry, masseur, public accounting, embalming, funeral directors, civil, mechanical, hydraulic, or electrical engineering or architecture except at the place where any such practitioner shall maintain his principal office. Provided, such levy shall not exceed the levy imposed under the laws of the State of Georgia as the same existed in 1950. Where collectible. Section 2. Provided further that where any such principal

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office is located within the corporate limits of any municipality no county authority shall have the power or authority to levy any such tax as to that office. Section 3. All laws and parts of laws in conflict herewith are repealed. Approved February 25, 1953. COURTSROBED JUDGES AND FLAGS IN CERTAIN COUNTIES. No. 252 (House Bill No. 47). An Act to lend dignity and respect to the judiciary of this State by requiring all judges to wear black robes while presiding in court, and to provide for the keeping of flags in the courtrooms; to provide for certain exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. In order to lend dignity and respect to the judiciary of this State, the following shall be required: (a) All judges of the superior courts of this State while presiding in court shall be required to wear black robes, except that this Act shall not apply to justices of the peace. Robes. (b) There shall be properly displayed in the courtrooms of this State the flags of the United States and of the State of Georgia. Flags. Section 1A. This Act shall only apply to counties having a population of 473,572 according to the last U. S. census. Counties.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953. ALTERNATIVE ROAD LAW. Code 95-811 Amended. No. 253 (House Bill No. 70). An Act to amend Section 95-811 of the Code of Georgia, relating to the recommendation by the grand jury as to the operation or suspension of the Alternative Road Law, so as to replace such recommendation by the grand jury with the resolution of the county governing authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 95-811 of the Code of Georgia, relating to the recommendation by the grand jury as to the operation or suspension of the Alternative Road Law, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows: Code 95-811 amended. 95-811. This Chapter shall not go into effect in any county until a resolution to that effect has been passed by the governing authority of said county, and the operation of this Chapter shall be suspended in the county upon a resolution to that effect by the governing authority of said county after the lapse of three years from the time this Chapter goes into effect. Resolution Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953.

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CORONER'S FEES. Code 21-105 Amended. No. 254 (House Bill No. 150). An Act to amend Section 21-105 of the 1933 Code of Georgia which provides for fees to be paid the coroners of this State, so as to provide that the coroners shall receive a fee of $25.00 for summoning an inquest on a dead body and returning an inquisition; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 21-105 of the 1933 Code of Georgia is hereby amended by striking the figure $10.00 and inserting in lieu thereof the figure $25.00, so said section, as amended, shall read as follows: 21-105. Coroners' fees shall be as follows, to wit: Summoning an inquest on a dead body and returning an inquisition $25.00 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 per annum, either as fees for holding inquests or for burying the dead bodies. Fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953.

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SOLICITORS-GENERAL EMERITUS. No. 257 (House Bill No. 100). An Act to amend an Act entitled An Act to provide for the creation of the office of solicitor-general emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the Solicitor's General Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes, approved February 17, 1949 (Ga. Laws 1949, p. 780 et seq.) and as amended by an Act approved February 16, 1950 (Ga. Laws 1950 p. 228 et seq.), and all Acts amendatory thereof, so as to change the number of years required to be served as solicitor-general after the passage of said Act and so as to change the date for which payments must be made into the retirement fund; and so as to provide for service prior to and subsequent to the passage of the Act to be computed in the 19 years service, to prescribe eligibility for incumbents; Provided that any solicitor-general, who after 17 years continuous service and the payment of amounts due hereunder, shall become unable to perform his official duties, from ill health, or other causes, such solicitor-general may retire under this Act provided he is so certified by the judge, or judges, of his judicial circuit and two physicians. Any solicitor-general so retiring under the provisions of this Act shall continue his pro-rata payments to the Solicitors' General Retirement Fund of Georgia for the term provided under the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 9 of an Act entitled An Act to provide for the creation of the office of solicitor-general emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents,

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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, approved February 17, 1949 (Ga. Laws 1949, p. 780 et seq.), as amended by an Act approved February 16, 1950 (Ga. Laws 1950 p. 228 et seq.), and all Acts amendatory thereof, is amended by striking Section 9 in its entirety and substituting in lieu thereof a new section to 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 percent 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 ninteen years up to the year of their retirement. Provided further, that any solicitor-general who is eligible under the provisions of this Act as amended, but has not yet taken advantage hereof may do so by payment into the retirement fund not later than July 1, 1953 with interest at the rate of 5 percent per annum on all sums due since the adoption of this Act, February 17, 1949 to the date of payment to the Treasurer of the State, provided, further any solicitor-general not in office at the time of the passage of the Act on February 17, 1949, who has previously served as a solicitor-general of the State, may qualify and be eligible to participate in the benefits provided by this Act by paying 5 percent of the existing salary or annual fees of such solicitor-general plus interest at 5 percent per annum from February 17, 1949 to the date of payment to the Treasurer of the State, as though he had been in office since said date, which payment shall be made into said retirement fund within six

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months after re-entering upon the duties of solicitor-general, and he shall continue to pay into said fund the amount of five percent of his salary or fees for each year thereafter until he has served a total of nineteen years including service prior to and subsequent to the original passage of this Act on February 17, 1949, up to the year of retirement. Service. Payments into fund. Except as above provided, 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, or otherwise as is provided and set forth in Section 2 of this Act as amended. 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. Provided that any solicitor-general, who after 17 years continuous service and the payment of amounts due hereunder, shall become unable to perform his official duties, from ill health, or other causes, such solicitor-general may retire under this Act provided he is so certified by the judge, or judges, of his judicial circuit and two physicians. Any solicitor-general so retiring under the provisions of this Act shall continue his pro-rata payments to the Solicitors' General Retirement Fund of Georgia for the term provided under the provisions of said Act. 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 25, 1953.

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GRANTS FOR HOSPITALS AND HEALTH CENTERS. No. 258 (House Bill No. 181). An Act to amend an Act entitled An Act to authorize the State of Georgia to make grants to assist in the construction of public hospitals and public health centers; to designate the State Board of Health as the egency to administer such grants; to prescribe the general conditions under which such grants shall be made by the State Board of Health; to authorize the State Board of Health to promulgate reasonable rules and regulations for use and administration of such construction; to appropriate a sum sufficient to the State Board of Health to make such grants; and for other purposes (Ga. Laws 1949, pp. 263-266), by striking in its entirety Section 1 of said Act relating to the maximum amounts of grants and the system of priorities thereunder, and inserting in lieu thereof a new Section 1 increasing the maximum amount of such grants and changing the priority system of granting. Be it enacted by the General Assembly of Georgia as follows: Section 1. That the Act approved February 7, 1949 (Ga. Laws 1949, pp. 263-266), An Act to authorize the State of Georgia to make grants to assist in the construction of public hospitals and public health centers; to designate the State Board of Health as the agency to administer such grants; to prescribe the general conditions under which such grants shall be made by the State Board of Health; to authorize the State Board of Health to promulgate reasonable rules and regulations for use and administration of such construction; to appropriate a sum sufficient to the State Board of Health to make such grants; and for other purposes be, and the same is hereby, amended by striking and repealing in its entirety Section 1 of said Act, relating to the maximum amount of grants and the system of priorities thereunder, and inserting in lieu thereof a new section 1 to provide as follows: Sec. 1, Act of 1949, amended.

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Section 1. That the State of Georgia is hereby authorized to make grants to any county, municipality, or any combination of the same, or any hospital authority to assist in the construction of public hospitals or public health centers. (a). Grants made pursuant to this Act shall be in an amount equal to one-third ([UNK]) of the allowable cost of construction of such hospitals or health centers; provided, that such a grant shall not exceed $500,000.00 to projects under construction or pending and awaiting approval upon the passage of this Act or any projects submitted for approval after the passage of this Act. (b). In the event the ratio of Federal grants authorized under Public Law 725 is increased by Act of the Congress, the ratio of State grants authorized under this Act may bear a reduced per centum of the cost of such construction, provided that the aggregate of Federal and State grants shall not be less than 66[UNK] per centum of the total allowable cost of such construction. (c). Grants made pursuant to this Act shall be in date sequence of approval for Federal funds by the Surgeon General of the United States Public Health Service. (d). No part of the net earnings of hospitals constructed with the assistance of a grant under this Act shall inure to the benefit of any private corporation or individual. (e). Any grant made pursuant to this Act shall be contingent on the approval for that project of a Federal grant approved by the Surgeon General of the U. S. Public Health Service under the provisions of Public Law 725, 79th Congress. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953.

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SUBVERSIVE ACTIVITIES ACT. No. 259 (House Bill No. 327). An Act to protect against subversive activities by making it a crime to commit or advocate acts intended to effect the overthrow of the Constitution or Government of the United States or the Constitution or Government of the State of Georgia or of any political subdivision thereof by violence or other unlawful means, or to attempt or conspire so to do, by defining subversive organizations and making them illegal, and providing for the enforcement of the provisions of said Act, and providing penalties for the violation thereof. Whereas, there is a World Communist movement under the domination of a foreign power, having as its objective the establishment of totalitarian dictatorship in all parts of the world under its control; and Whereas, such a dictatorship is characterized by the liquidation of all political parties other than the Communist Party, the abolishment of free speech, free assembly, and freedom of religion, and is the complete anithesis of the American constitutional form of government; and Whereas, the methods used by such a police state include treachery, deceit, infiltration into governmental and other institutions, espionage, sabotage, terrorism and other unlawful means; and Whereas, the World Communist movement is not a political movement, but is a world-wide conspiracy having sections in each country; and Whereas, using the methods above set forth, it has already successfully conquered in recent years a large part of the World and has established spearheads in this country in the form of various conspiratorial organizations, some masquerading under the pretense of being political parties, others infiltrating organizations which

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they seek to control in order to further the objectives of the World Communist movement; and Whereas, other subversive groups have had similar objectives and it is essential to the preservation of the State, as well as for the protection of citizens from unfounded accusations, that criminal acts of a seditious nature be clearly and expressed defined; and Whereas, the Communist movement plainly presents a clear and present danger to the United States Government and to the State of Georgia; therefore Be it enacted by the General Assembly of the State of Georgia and by the authority of the same: Section 1. For the purposes of this Act: Organization means an organization, corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently, or temporarily associated together for joint action or advancement of views on any subject or subjects. Definitions. Subversive organization means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy, or to assist in the overthrow, destruction of, the constitutional form of the government of the United States, the Constitution or Government of the State of Georgia, or of any political subdivision of either of them, by revolution, force violence or other unlawful means. Foreign subversive organizations means any organization, directed, dominated or controlled directly or indirectly by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or to advocate, abet, advise, or teach, activities intended to overthrow, destroy, or to assist in the overthrow, destruction of the constitutional

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form of the government of the United States, or of the State of Georgia, or of any political subdivision of either of them, and to establish in place thereof any form of government the direction and control of which is to be vested in, or exercised by or under, the domination or control of any foreign government, organization, or individual. Foreign government means the government of any country, nation or group of nations other than the government of the United States of America or of one of the States thereof. Subversive person means any person commits, attempts to commit, or aids in the commission, or advocates, abets, advises or teaches by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, or to assist in the overthrow, destruction of, the constitutional form of the Government of the United States, or of the State of Georgia, or any political subdivision of either of them, by revolution, force, violence or other unlawful means; or who is a member of a subversive organization or a foreign subversive organization. Section 2. It shall be a felony for any person knowingly and wilfully to: (a) Commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, to assist in the overthrow, destruction of, the constitutional form of the Government of the United States, or of the State of Georgia, or any political subdivision of either of them, by revolution, force, violence, or other unlawful means; or Felonies. (b) Advocate, abet, advise, or teach by any means any person to commit, attempt to commit, or assist in the commission of any such act under such circumstances as to constitute a clear and present danger to the security of the United States, or of the State of Georgia, or of any political subdivision of either of them; or Felonies.

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(c) Conspire with one or more persons to commit any such act; or (d) Assist in the formation or participate in the management or to contribute to the support of any subversive organization or foreign subversive organization knowing said organization to be a subversive organization or a foreign subversive organization; or (e) Destroy any books, records, or files, or secrete any funds in this State of a subversive organization or a foreign subversive organization, knowing said organization to be such. Any person who violates any of the provisions of this section shall be fined not more than $20,000, or imprisoned in the penitentiary for not less than one year nor more than 20 years, or both. Section 3. It shall be a felony for any person after the effective date of this Act to become, or after March 1, 1953, to remain a member of a subversive organization or a foreign subversive organization knowing said organization to be a subversive organization or foreign subversive organization. Any person convicted of violating this section shall be fined not more than $5,000, or imprisoned in the penitentiary for not less than one year nor more than five years, or both. Membership in subversive organization. Section 4. Any person convicted by a court of competent jurisdiction of violating any of the provisions of Section 2 and 3 of this Act, in addition to all other penalties therein, provided shall from the date of such conviction be barred from (a) Holding any office, elective or appointive, or any other position of profit or trust in or employment by the government of the State of Georgia or of any agency thereof or of any county, municipal corporation or other political subdivision of said State; Penalties. (b) Filling or offering for election to any public office

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in the State of Georgia; or (c) Voting in any election held in this State. Section 5. It shall be unlawful for any subversive organization or foreign subversive organization to exist or function in the State of Georgia and any organization which by a court of competent jurisdiction is found to have violated the provisions of this section shall be dissolved, and if it be a corporation organized and existing under the laws of the State of Georgia a finding by a court of competent jurisdiction that it has violated the provisions of this section shall constitute legal cause for forfeiture of its charter and its charter shall be forfeited, and all funds, books, records and files of every kind and all other property of any organization found to have violated the provision of this section shall be seized by and for the State of Georgia, the funds to be deposited in the State treasury and the books, records, files and other property to be turned over to the Attorney-General of Georgia. Dissolution of organizations. Section 6. The Governor, with the concurrence of the Attorney-General, is hereby authorized and directed to appoint a special Assistant Attorney-General, for investigating and prosecuting subversive activities, whose responsibility it shall be, under the supervision of the Attorney-General, to assemble, arrange and deliver to the solicitor-general of any county, together with a list of necessary witnesses for presentation to the next grand jury to meet in said county, all information and evidence of matters within said county which have come to his attention, relating in any manner to the acts prohibited by this Act, and relating generally to the purpose, processes and activities of Communism and any other or related subversive organizations, associations, groups or persons. Such evidence may also be presented by the Attorney-General to the grand jury of any county directly should he feel the ends of justice would be best served thereby. Special Assistant Attorney-General. Section 7. For the collection of any evidence and information

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referred to in this Act, the Governor and the Attorney-General are hereby authorized and directed to call upon the Director of Public Safety, sheriffs, county and municipal police authorities to furnish to the special assistant hereinbefore provided for, such assistance as may from time to time be required. Such police authorities are directed to furnish information and assistance as may be from time to time so requested. The special Assistant Attorney-General herein provided for may testify before any grand jury as to matters referred to in this Act as to which he may have information. Collecting of evidence, etc. Section 8. The Attorney-General shall require the special assistant herein provided for, to maintain complete records of all information received by him and all matters handled by him under the requirements of this Act. Such records as may reflect on the loyalty of any resident of this State, shall not be made public or divulged to any person except with permission of the Governor or the Attorney-General to effectuate the purposes of this Act. Provided, however, that all records and evidence gathered by virtue of this Act shall be available to any committee of the House or Senate which shall request the same for use in its deliberations. Records. Section 9. The judge of any court exercising general criminal jurisdiction when in his discretion it appears appropriate, or when informed by the Attorney-General or solicitor-general that there is information or evidence of the character described in Section 6 of this Act to be considered by the grand jury, shall charge the grand jury to inquire into violations of this Act for the purpose of proper action, and further to inquire generally into the purposes, processes and activities and any other matters affecting Communism or any related or other subversive organizations, associations, groups or persons. Grand jury investigation. Section 10. No subversive person, as defined in this Act, shall after conviction be eligible for employment in, or appointment to any office, or any position of trust or profit in the government of, or in the administration of the business of this State, or of any county, municipality,

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or other political subdivision of this State. Government employment. Section 11. No person shall become a candidate nor shall be certified by any political party as a candidate for election to any public office created by the Constitution or laws of this State if he has ever been tried and convicted as a subversive person as defined in this Act. Public office. Section 12. This Act may be cited as the Subversive Activities Act. Approved February 25, 1953. JOHNSON SUPERIOR COURT TERMS. No. 264 (House Bill No. 465). An Act to amend an Act setting the terms of the Superior Court of Johnson County at two terms a year, said terms to convene on the third Mondays in March and September, approved August 6, 1913 (Ga. Laws 1913, p. 65), so as to provide that at each term of said court there shall be two weeks to dispose of court business, one week for civil cases and one week for criminal cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act setting the terms of the Superior Court of Johnson County at two terms a year, said terms to convene on the third Mondays in March and September, approved August 6, 1913 (Ga. Laws 1913, p. 65), is hereby amended by adding a new section to said Act which shall read as follows: At the March term of the Johnson Superior Court, there shall be two weeks in which to dispose of court business. The first week of said term of court shall be

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devoted only to the disposition of civil matters and shall be known as the `civil week' of such term of court. The second week of said term of court shall be devoted only to the disposition of criminal matters and shall be known as the `criminal week' of said term of court. Terms. At the September term of Johnson Superior Court, there shall also be two weeks in which to dispose of court business. The first week of said term of court shall be devoted only to the disposition of civil matters and shall be known as the `civil week' of said term of court. The second week shall be devoted only to the disposition of criminal matters and shall be known as the `criminal week' of said term of court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice of Local Legislation. Notice is hereby given that I shall introduce a bill in the 1953 session of the legislature changing terms of the Superior Court of Johnson County providing for one week criminal court and one week civil court same to be in March and September of each year. This 24th day of November 1952. E. L. Rowland, Representative, Johnson County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. L. Rowland, who, on oath, deposes and says that he is Representative from Johnson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight, which is the official organ of Johnson County, on the following dates: November 27, 1952, December 4, 1952, December

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11, 1952, December 18, 1952, and December 25, 1952. /s/ Emory L. Rowland, Representative, Johnson County. Sworn to and subscribed before me, this 5th day of February, 1953. /s/ Joe W. Rowland, Notary Public, Ga. St. at Large. Approved February 25, 1953. DOCUMENTSADMISSION OF GENUINENESS, ETC. No. 266 (House Bill No. 179). An Act to provide for admission of facts; admission of genuineness of documents: the effect of such admissions; answers to request for admissions and objections thereto, in civil actions in the superior courts, and for 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. After defensive pleadings have been filed in any civil action in the superior courts, a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request. Copies of the documents shall be served with the request unless copies have already been furnished. Each of the matters of which an admission is requested shall be deemed admitted unless, within a

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period designated in the request, not less than 10 days after service thereof or within such shorter or longer time as the court may allow on motion and notice, the party to whom the request is directed serves upon the party requesting the admission either (1) a swron statement denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters or (2) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part, together with a notice of hearing the objections at the earliest practicable time. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party deny only a part or a qualification of a matter of which an admission is requested, he shall specify so much of it as is true and deny only the remainder. Documents. Request for admission of genuineness. Answer. Provided, however, that a failure to answer said request for admissions within the time specified by this Act or within the time set by the judge of the court in accordance with the provisions of this Act shall not be deemed an admission where the party called upon for said admission can demonstrate to the satisfaction of the judge of the court before whom the cause is pending that the failure to answer was due to providential cause; that should said judge determine that said failure was due to providential cause, said request for said admissions shall thereafter be answered within such time and upon such terms as said judge shall direct. Failure to answer in time. Provided, further, that any party who has answered any such request for admissions may file a motion with the judge of the court before whom said cause is pending to vacate or modify said answer, and if, upon the hearing of said motion it shall be demonstrated to the satisfaction of the court that the moving party has come into possession of additional facts not known to him

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when said answer was made and which affect the validity of said answer, then said court shall permit said answer to be vacated or modified and further answer filed within such time and upon such terms as said judge shall direct; in which event only the modified or further answer shall be considered in any trial of the cause and any reference to the previous answer in the trial of said cause shall be ground for mistrial. Section 2. Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding. Section 3. All statutes or parts of statutes in conflict with any of the provisions of this Act are hereby expressly repealed. Section 4. If any provision of this Act is declared invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end the provisions of this Act are declared to be severable. Approved February 25, 1953. COFFEE SUPERIOR COURT TERMS. No. 267 (House Bill No. 414). An Act to provide time for holding Superior Court of Coffee County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. From and after the passage of this Act, the Superior Court of Coffee County shall meet on the

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second and third Mondays in March and October, on the second Monday in June, and on the first Tuesday after the first Monday in January. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 25, 1953. SALE OF STATE LANDS IN DAWSON COUNTY. No. 23 (House Resolution No. 16-61a). To authorize the Governor to sell approximately twelve acres of land owned by the State in Dawson County which has never been granted by the State; and for other purposes. Whereas, there is approximately twelve (12) acres of land located in Fractional Land Lot Fifty (50) in the Fourth District and First Section of originally Cherokee, but now Dawson County, which is owned by the State of Georgia and which, due to apparent oversight on the part of the original granting authorities of the State, has never been granted by the State, and, Whereas, said property cannot be advantageously or satisfactorily used by the State of Georgia for State purposes, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia be and he is hereby authorized to sell such property under such terms and conditions as the Governor may determine to be to the best interest of the State, and the funds derived therefrom be paid into the State treasury.

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Be it further resolved that the Governor be authorized to execute for and on behalf of the State the necessary deed to effect a transfer of the title to said property from the State to the purchaser. Approved February 25, 1953. ROUTE 2, JEFFERSON DAVIS HIGHWAY DESIGNATED. No. 24 (House Resolution No. 90-298b). A Resolution. Whereas, Jefferson Davis served as the first and only President of the Confederate States of America; and Whereas, the said Jefferson Davis devoted his life to the service and honor of his native southland; and Whereas, the Georgia Division of the United Daughters of the Confederacy have requested that the General Assembly designate a certain combination of highways in this State as Route No. 2 of Jefferson Davis Highway; and Whereas, the State of Alabama has established Jefferson Davis Park near the end of Georgia Route No. 50 at Eufaula, Alabama; and Whereas, it is altogether fitting and proper that the State of Georgia confer this additional memorial for this great Southern patriot; Now, therefore, be it resolved by the Senate, the House concurring, that the combination of highways beginning at Augusta, Georgia, and proceeding 33 miles on U. S. Highway No. 1 and Ga. Highway No. 4 to Wrens; then proceeding 15 miles to Louisville on the same aforesaid highways; then proceeding 10

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miles to Wadley by way of U. S. Highway No. 319 and Ga. Highway No. 78; then 23 miles to Wrightsville on U. S. Highway No. 319 and Ga. Highway No. 15; then 18 miles to Dublin on U. S. Highway No. 319 and Ga. Highway No. 31; then 34 miles to McRae on U. S. Highway No. 319 and Ga. Highway No. 31; then 26 miles to Abbeville on U. S. Highway No. 280 and Ga. Highway No. 30; then 21 miles to Fitzgerald on U. S. Highway No. 129 and Ga. Highway No. 11; then 9 miles to Irwinville on Georgia Highway No. 107; then 16 miles of Route 125 to Tifton via Waterloo; then 18 miles to Sycamore on Ga. Highway No. 32; then 3 miles to Ashburn on U. S. Highway No. 41 and Ga. Highway No. 7; then 16 miles to Sylvester on Ga. Highway No. 112; then 20 miles to Albany on Ga. Highway No. 50, and then on the aforesaid Ga. Highway No. 50 to and through the towns of Dawson and Cuthbert, and thence to the Alabama State line, is hereby named and designated Route No. 2 of Jefferson Davis Highway in order to more completely perpetuate the memory of the great Southern patriot, Jefferson Davis, first and only President of the Confederate States of America. Be it further resolved that the State Highway Department is hereby authorized and directed to so name and designate the hereinbefore described combination of highways and to erect or place suitable markers thereon. It shall not be the duty of the State Highway Department to pay for or purchase said markers, but such markers shall be furnished to the State Highway Department for placement by the United Daughters of the Confederacy. Approved February 25, 1953.

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ELIJAH CLARKE MEMORIAL PARK. No. 25 (House Resolution No. 127-414a). A Resolution. Officially designating the State park in Lincoln County as the Elijah Clarke Memorial Park; and for other purposes. Whereas, the General Assembly of Georgia passed a resolution in 1951 (Ga. Laws 1951, p. 870) authorizing the development of a State park in Lincoln County in the Clark Hill Dam area, and Whereas, a State park has been developed pursuant to said resolution, but such park has not been officially named, and Whereas, General Elijah Clarke, who was one of the outstanding Revolutionary War generals, was a resident of Lincoln County as was his family, and Whereas, General Clarke is now buried in Lincoln County near the park site, and Whereas, it would be a fitting memorial to General Clarke that the park be named in his honor. Now, therefore, be it resolved by the General Assembly of Georgia that the State park in Lincoln County, which was developed pursuant to the aforesaid resolution of 1951, be hereby officially named and designated as the Elijah Clarke Memorial Park. Be it further resolved that a copy of this resolution be sent to the Governor, the Director of the State Parks Department and the State Auditor. Approved February 25, 1953.

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GAME AND FISH COMMISSION. No. 26 (House Resolution No. 110-337n). A Resolution. To create a commission to study the advisability of creating a new department to administer and enforce the game and fish laws in the six tidewater counties of this State; to provide for the membership of such commission; and for other purposes. Whereas, it appears that most of the States of the Union bordering upon salt water have found it advisable to separate the enforcement of laws and regulations with respect to salt water fisheries from those dealing with fresh water fish and game; and whereas there is some agitation for such in this State. Section 1. Be it resolved by the House of Representatives, the Senate concurring that a commission to consist of nine members is hereby created to study the advisability of creating a new department of this State to administer and enforce the game and fish laws of this State. Section 2. Be it further resolved that the Chairman of the Game and Fish Committees of the House and Senate and the Director of the Department of Game and Fish shall be ex officio members of the commission. The said Chairmen of the House and Senate Committees shall receive the same per diem and expenses allowed members of the General Assembly for the time they are actually engaged attending meetings of the commission. Section 3. Be it further resolved that the remainder of the commission shall consist of one member from each of the tidewater counties of the State; namely Chatham, Bryan, Liberty, McIntosh, Glynn and Camden, to be appointed by the Governor. In making such appointments his Excellency the Governor is requested

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to divide the appointments as far as possible equally between those interested in sports fishing and those interested in commercial fishing. The members of the commission so appointed by the Governor shall receive their actual expenses in attending meetings of the commission but shall not have or receive any other compensation. Section 4. Be it further resolved that the expenses herein provided for shall be paid by the State treasurer from the legislative appropriation upon certificate from the chairman of the commission. Section 5. Be it further resolved that the Department of Game and Fish is hereby requested to make its facilities available for the work of the commission and to provide all necessary clerical and administrative assistance. Section 6. Be it further resolved that the commission shall have until the time that the General Assembly reconvenes in adjourned session to report to the General Assembly the result of their studies and their recommendations. Thereupon the existence of the commission shall cease. Approved February 25, 1953. LAND EXCHANGE WITH CITY OF MACON. No. 27 (House Resolution No. 89-298a). A Resolution. Authorizing the Governor to exchange lands with the City of Macon and empowering the Governor to execute a conveyance; and for other purposes. Whereas, the State of Georgia is the owner of certain land in Square 73 of the City of Macon which

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was given to it by said city and upon which the State Board of Health operates a regional office; and Whereas, said city is about to construct new hospital facilities in said square and has need of the rear eleven feet of said State-owned land, comprising about 693 square feet; and Whereas, the tract of land needed by the city is surplus to the needs of said board and may be conveyed without interfering with the operation of said regional office; and Whereas, in return for a conveyance of such strip of land, the City of Macon has offered to convey to the State of Georgia a rectangular tract containing 1480 square feet adjacent to the remaining portion of said State-owned property which tract is now being used by the State as a parking lot; and Whereas, the city has, in addition, agreed to close and convey to the State a portion of New Street containing approximately 2940 square feet, when such action is made possible by legislation, so that the State-owned property in said square by such exchange would be increased by a total of about 3,627 square feet, and such additional land is required for State purposes; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor is hereby authorized and empowered to convey to the City of Macon so much of the land belonging to the State in Square 73 of the said city, the approximate dimensions being hereinabove given, as the State Board of Health may declare to be surplus to the needs of the State, and the Governor is hereby authorized to execute a deed to the City of Macon, for and in the name of the State of Georgia, conveying such land to said city in exchange for other land to be conveyed by said City to the State. Approved February 25, 1953.

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COMMISSIONS OF TAX RECEIVERS AND TAX COLLECTORS. Code 92-5301 Amended. No. 268 (House Bill No. 386). An Act to amend Section 92-5301 of the Code of Georgia, relating to the commission of tax receiver and tax collector, as amended by an Act approved January 17, 1938 (Ga. Laws 1938 p. 297), by changing the classes and amounts of commissions allowed tax receivers and tax collectors; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 92-5301 of the Code of Georgia, relating to the commissions of tax receiver and tax collector, as amended by an Act approved January 17, 1938 (Ga. Laws 1938, p. 297), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section, which shall read as follows: Code 92-5301 amended. 92-5301. The commissions to be allowed to each receiver and collector of State and county taxes shall be as follows viz.: On all net digests up to and including $ 6,000 6 percent. Over $ 6,000 and not exceeding $ 14,000 5 percent. Over $ 14,000 and not exceeding $ 24,000 4 percent. Over $ 24,000 and not exceeding $ 36,000 3 percent. Over $ 36,000 and not exceeding $ 52,000 2 percent. Over $ 52,000 and not exceeding $ 76,000 2 percent. Over $ 76,000 1[UNK] percent.

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Section 2. The schedule of commissions provided in Section 1 shall apply to tax net digests for the years beginning January 1, 1953. Section 3. Provided that nothing contained herein shall repeal the commissions of 10 percent above 80 percent of the taxes collected on the net tax digest as provided in Georgia Laws of 1951, pages 815, 816 and 817. Section 4. This Act shall not apply to any county where the tax collector, tax receiver or tax commissioner is on a salary basis only. Section 5. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 26, 1953. FEES OF CLERK OF SUPERIOR COURT IN CERTAIN COUNTIES. Code 24-2727 Amended. No. 270 (House Bill No. 439). An Act to amend Section 24-2727 of the Code of 1933 providing for fees of clerks in certain counties, so as to provide that the fees enumerated therein shall be collected in all counties having a population of not less than 100,000, and not more than 110,000 according to the United States census of 1950, or any future census of the United States, and for other purposes.

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Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 24-2727 of the Code of 1933 be amended by providing that the fees collected by the clerk of the superior court in all counties having a population of not less than 100,000, and not more than 110,000 according to the United States census of 1950, or any future census of the United States, shall be as follows: Filing and docketing suit $ 3.00 Copying and issuing process 3.00 Each copy after first copy .75 Entering verdict or judgment on minutes 3.00 Filing all pleas in any case .75 Recording proceedings in civil cases per 100 wds. .20 Issuing fieri facias .75 Entering fieri facias on execution docket .35 Each subpoena issued .25 Writ of partition of land and recording proceedings in case 7.50 Exemplification of record, per 100 words .20 Recording articles of partnership under law regulating limited partnership 7.50 Recording incorporation of any company 7.50 Proceedings to forfeit charter 15.00 Furnishing and certifying any process, order, etc., for publication 1.50 Recording liens and mortgages and deeds, per 100 words .20 Trials of nuisances and recording proceedings 7.50 Issuing commission to examine witness 1.50 Recording any instrument of writing not specified, per 100 words .20 Recording each homestead of personalty, per 100 words .20 Recording each partition of realty and personalty, per 100 words .20 Recording plat of homestead 1.50 Each certificate of record of homestead .75 Every foreclosure of mortgage on personalty, whole service 4.50 Every foreclosure of mortgage on realty, whole service 8.50 Every claim case 4.50 Every illegality case 4.50 Every certiorari case 4.50 Docketing each motion .75 Recording motions, per 100 words .20 Every rule against sheriff or other officer, whole service 4.50 Every appeal case, whole service 4.50 Every appeal case settled before verdict 2.50 Recording and copying proceedings in equitable proceedings, per 100 words .20 Recording and copying proceedings in bills of exceptions to the Supreme Court or Court of Appeals, per 100 words .20 Issuing writ of injunction in equity 4.50 Entering remittitur from Supreme Court or Court of Appeals 1.50 Certificate and seal, each .75 Scire facias to make parties 2.50 Each copy 1.50 Recording order on minutes, each 1.25 Issuing jury scrip, each .20 Inspection of books, when their aid is required .40 Each day's service in attending upon the court 4.50 Change of name, recording proceedings 7.50 Examination of record, and abstract of result 2.50 Declaration of intention to become a citizen of the United States 4.00 Recording and taking oath to become a citizen upon minutes, including certificate of naturalization 4.00 Recording soldiers' discharge certificates .35 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 26, 1953.

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BREACH OF RESTRICTING COVENANT AS TO USES OF LAND. No. 283 (House Bill No. 294). An Act to provide for a two-year limitation for action on a breach of a covenant restricting lands to certain uses; to provide when the right of actions shall accrue; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action shall have accrued. Limitation of actions. Section 2. For the purpose of this Act, the right of action shall accrue immediately upon the violation of the covenant restricting lands to certain uses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1953. TEACHERS' RETIREMENT SYSTEM. No. 285 (Senate Bill No. 51). An Act to amend Paragraph (b), Subsection (1) of Section 5 of an Act approved March 19, 1943 (Ga. Laws 1943, pp. 640-670), as amended, which establishes a Teachers' Retirement System of Georgia by extending the limitation of time for compulsory retirement of a member of said system, so as to provide that in exceptional instances, where any county or independent board of education may deem it necessary for the efficient operation of its system, it may in its discretion

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allow teachers who are members of the retirement system in its school system to remain in service for a period not to exceed three years after the date such teacher member of the retirement system attains the age of seventy years, and such teacher member of the retirement system upon reaching the age of seventy-three years, shall be retired forthwith on service retirement allowance; to repeal conflicting laws; and for other purpuoses. Be it enacted by the General Assembly of Georgia as follows: Section 1. That Paragraph (b), Subsection (1) of Section 5 of an Act approved March 19, 1943 (Ga. Laws 1943, pp.640-670), as amended, and which establishes a Teachers' Retirement System of Georgia be and the same is hereby amended by extending the limitation of time for compulsory retirement of members of said system by adding to and at the end of Paragraph (b), Subsection (1) of said Section 5 of said Act a new provision, as follows: Sec. 5, Act of 1943, amended. However, in exceptional instances, where any county or independent board of education may deem it necessary for the efficient operation of its school system, it may, in its discretion, allow teacher members of the retirement system in its respective school system to remain in service for a period not to exceed three years from the date such teacher member of the retirement system attains the age of seventy years, and such teacher member of the system upon reaching the age of seventy three shall be retired forthwith on service retirement allowance under the provisions of this Act. Continued employment after retirement age. Section 1A. Provided, however, that the provisions of this Act do not apply to retirement of teachers in the University of Georgia System. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1953.

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TRUST COMPANIESCONVERSION INTO STATE BANKING CORPORATIONS. No. 290 (Senate Bill No. 27). An Act to provide that any corporation chartered by the superior courts having a paid-in capital stock of at least $100,000, and which is exercising the privileges and powers granted by law to trust companies, may, by two-thirds vote of its stockholders, convert into a state banking corporation; to provide for procedures in obtaining a state banking charter; to grant the Superintendent of Banks power to investigate applicants; to provide for certificate of publication; to provide for granting or issuance of state bank charters; to provide for orders approving such conversions; to provide for the rights of creditors, the conversion of assets, the conversion of outstanding stock and to declare legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. Any corporation chartered by the superior courts of this State, having a capital stock paid in and of the actual fair valuation of at least $100,000, and which is exercising the privileges and powers granted by law to trust companies, may convert to a state banking corporation under the following conditions and procedures: Corporation chartered by superior court. (a) If it should be deemed desirable in the judgment of the board of directors, or for the benefit of the corporation, that it shall be converted to a state banking corporation, the board of directors shall adopt a resolution to that effect, and call a meeting of the stockholders having voting powers on the proposal to convert to a state banking corporation and take action on the resolution so adopted. Such resolution shall be presented at any regular meeting of the stockholders or at any special meeting of the stockholders called for that purpose;

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upon ten days' notice to each stockholder personally or by mail to his last known address, unless such notice shall have been waived either in writing by such stockholder or by such stockholder being present at the meeting and participating therein. Such a conversion to a state banking corporation may be proposed and a vote of the stockholders entitled to vote taken thereupon. Adopting resolution. Such a conversion to a state banking corporation shall be adopted by a vote of the holders of a two-thirds majority of the capital stock of the corporation entitled to vote thereon; provided, nevertheless, that wherever a corporation shall have more than one class of stock outstanding unless permitted or authorized by its charter, no conversion to a state banking corporation affecting the rights of the holders of any class of stock shall be adopted without the vote or consent of a two-thirds majority of the holders of that class of stock and without such consent as may be required under the terms and obligations of the existing charter or of any contract existing between the corporation and the holder or holders of any of its stock. Upon such conversion to a state banking corporation being favorably voted for and consented to, the secretary of the corporation or person who in the corporation discharges the duties of secretary, shall certify accordingly under the seal of the corporation. (b) The corporation shall file in the office of the Secretary of State an application in writing bearing the seal of the corporation requesting a charter as a state banking corporation. The corporation shall also file with said application a certified copy of the resolution of the stockholders approving the proposed conversion, and shall pay to the Secretary of State such fees as are required by law in applying for said corporate powers. Application for charter. When the application is filed, the Secretary of State shall certify one of the copies thereof and deliver the same to the applicants and the same shall be published by the applicants in the newspaper in which the sheriff's

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advertisements of the county in which the bank is to be located are published, once a week for four weeks. Publication. When the copy of notice of intention shall have been published as required by law, the corporation shall apply to the ordinary of the county in which it is located to certify to the fact of such publication, and the ordinary shall certify the fact, which certificate shall be filed by the corporation with the Secretary of State. Immediately upon the filing of the application, the Secretary of State shall transmit one copy thereof to the Superintendent of Banks for investigation by him. Upon the filing of the application, the Superintendent of Banks shall make or cause to be made a careful investigation as prescribed by Section 4-A of Article VIII of the Banking Law of Georgia, as codified in Section 13-905, Georgia Code 1933, as amended. Investigation. When the Superintendent of Banks shall have given to such corporation a certificate approving the granting of the application, the Secretary of State may grant or issue a charter complying with the banking laws. Charter. (c) If the Secretary of State grants or issues a banking charter to the applicant, such corporation shall file a copy thereof in duplicate, certified by the Secretary of State, with the superior court in the county where the corporation is incorporated as a superior court corporation. There shall also be filed with said superior court a certified copy of the notice of intention to convert and the certificate of publication of the ordinary. The superior court shall pass an order under the seal of the court approving the conversion of the charter and franchise into a state banking corporation; and, upon the passage of such order, the Secretary of State of Georgia shall thereafter be vested with exclusive jurisdiction over the charter and franchise of such corporation. Superior Court order. (d) Upon the passage of such order by the superior

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court approving the conversion of the charter and franchise into a state banking corporation, all assets of every kind and character, including the real and personal property and choses in action belonging to such converted superior court corporation, shall immediately, by operation of law and without any conveyance or transfer, be vested in and become the property of such state banking corporation. A copy of such order of the superior court judge, certified by him, may be recorded in the deed records in the office of the clerk of superior court in the appropriate county or counties as a muniment of title. (e) The rights of the creditors of any superior court corporation that shall be so converted into a state banking corporation shall not be impaired in any manner by such conversion, nor shall any liability or obligation for the payment of any money due or to become due or any claim or demand in any manner or for any cause existing against such superior court corporation, or against any stockholder thereof, be in any manner released or impaired thereby, and all the rights, obligations and relations of the parties, creditors and others shall remain unimpaired. The state banking corporation converted from the superior court corporation shall succeed to all obligations, trusts and liabilities and be held liable to pay and discharge all such debts and liabilities, and to perform all such trusts in the same manner as though such state banking corporation into which such superior court corporation shall have become converted, had itself incurred the obligation, trust or liability, and the stockholders of such superior court corporation shall continue subject to all the liabilities, claims and demands existing against them as such at or before such conversion; and no suit, action or other proceeding then pending before any court or tribunal in which any corporation that may be so converted is a party, shall be deemed to have abated or been discontinued by reason of any such conversion, but the same will be prosecuted to final judgment in the same manner as if said conversion had not taken place, or the state banking corporation into which the superior court corporation shall

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have been converted will be substituted in the place of such superior court corporation so converted by order of the court in which such action, or other proceeding may be pending. Such corporation shall likewise be subject to be sued in any court having jurisdiction upon any cause of action against said superior court corporation in the same manner as if such cause of action had originated against said state banking corporation. Converted corporation as continuing entity. (f) Upon the conversion of such superior court corporation into a state banking corporation as hereinbefore provided, the issued and outstanding stock of the superior court corporation shall be, by virtue of the provisions of this Act, thereby converted into stock of a state banking corporation. It is hereby declared to be the legislative intent that a superior court corporation converted into a state banking corporation under the terms of this Act shall, for all purposes, be considered a continuing entity. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1953. ABSENTEE VOTING BY SERVICEMEN. No. 294 (Senate Bill No. 4). An Act to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries; to define terms; to proclaim purposes; to provide for registration; to provide for the issuance of ballots to those who are already registered; to amend and revise laws relating to the time of holding elections, primaries, and conventions; to provide for the time of qualification of candidates; to provide for the furnishing, voting, return and counting of ballots in primaries and elections; to create a War Ballot Commission; to define the

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duties and authorities thereof; to make provisions relating to registration and voting by the military; to provide for the costs thereof; to provide for the termination of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The purpose of this Act is to make provision for Georgia men and women in the military service of the United States to participate in county, State, and National elections, and in party primaries in liberalizing the statutes of this State and by making provision for such participation. Purpose of Act. Section 2. This Act shall be liberally construed to carry out the purpose of the General Assembly in its enactment. Construction. Section 3. The State Selective Service, all military organizations, and citizens of this State are charged with the duty of cooperating with election and party officials in carrying out the purpose of this Act. Section 4. The term military as used in this Act shall mean enlisted and commissioned members, male and female, of the Army of the United States, the United States Navy, the United States Marine Corps, the United States Coast Guard or any of their respective components who are citizens of Georgia. Military defined. Section 5. The tax collectors or tax commissioners or registrars of the several counties shall provide for the military a registration card in form as follows:

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The signing of the aforesaid registration card containing the required information shall be, in all respects, equivalent to complying with all provisions of the registration laws of Georgia, and shall not require attestation. Any member of the military, his relative, or friend, is authorized at any time to request from the tax collector or commissioner or registrars the aforesaid registration card and in making said request shall furnish the name and address of the military member, and upon receipt of such request it shall be the duty of the tax collector or commissioner or registrars to send the same to the member of the military; and the tax collector or commissioner or registrars shall number the said registration forms and shall keep a permanent record book in his office in which he shall record the number of the card, the name of the member of the military for whom the registration card is sought, the name and relation, if any, of the person requesting the card, and the date the card is furnished, and such other information necessary to identify said registrant; provided further, howevr, for good and sufficient cause made known to the tax collector or commissioner or registrars, he may furnish to the military voter, a duplicate registration card, noting the fact in the book hereinbefore referred to. Who may request. The member of the military receiving and executing the aforesaid registration card shall place the same in an envelope addressed to the tax collector or commissioner or registrars of his county, and mail the same. It shall not be necessary to use registered mail. When such registration is completed, signed and returned

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to the tax collector or tax commissioner or registrars of the county it shall form a part of the voters' registration list. Upon receipt by the tax collector or commissioner or registrars of the said registration, the name of the member of the military so registering shall be placed upon the registration list as an elector and registered voter, and shall be certified as such by the registrars; provided, however, the said member of the military is otherwise qualified. Registration. Section 6. In all cases where the voter is already registered and otherwise qualified, application may be made for a ballot without the necessity of reregistration as is in this Act elsewhere provided, and upon proof satisfactory to the registrars of the service of said voter in the armed forces, a ballot shall be mailed to the voter as herein provided. Entries shall be made in the books herein specified as to the voter's registration as a member of the armed forces, and as to the issuance of a ballot to him. Application for ballot. Section 7. Nothing contained in the present laws of Georgia as to the time that the registrars shall complete their work and file the list of registered voters shall in any way abridge the right of a member of the military to be certifed by the registrars at any time as a registered voter. The registrars shall include on the list of registered voters all members of the military who have registered in accordance with the provisions of this Act and who are otherwise qualified. Voters' lists. Section 8. In order to allow more adequate time for the participation of members of the military in elections and party primaries, the following provisions are enacted in lieu of those now provided by law: 1. All candidates for National and State offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving their names and the offices for which they are candidates, with the Secretary of State, at least ninety days prior to the general election. Provided, however, that for

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special elections to fill vacancies, all candidates shall file notice of their candidacy at least thirty days before said election. Notice of candidacy. 2. Whenever any political party shall hold primary elections for nomination of candidates for office for Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors-General, and Members of the General Assembly, which are by law voted on one and the same day throughout the State, said primary may be held on such date as may be fixed by the State executive committee of such party, and the State executive committee is authorized to fix such time for the said primary, second primary, or party convention as it may determine without respect to the time now provided by law as the date on which the said primary, second primary, or convention shall be held. Dates for primaries, conventions, etc. Section 9. Every member of the military registered and qualified shall vote at the precinct in which the courthouse of the county is located. Section 10. Upon the request of any member of the military, his relative or friend, it shall be the duty of the ordinary to furnish such military voter at the address given at the time the request is made a ballot for the use the military voter in casting his vote in the general election. The ordinary in furnishing the said ballot shall number same and in a permanent record book provided for the purpose he shall inscribe the number of the ballot, the name of the military voter for whose use it has been furnished, the name of the person requesting the same and the date the ballot was furnished. Provided, however, that the ordinary is authorized to furnish a duplicate ballot for good and sufficient cause to the military voter. Provided further, however that a notation shall be made thereof in the book hereinbefore referred to. Said ordinary in furnishing said ballot to such military voter shall also furnish a self-addressed envelope for the return of such ballot to such ordinary. Absentee ballots for general elections.

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Section 11. The member of the military marking and casting his ballot in a general election shall sign the same on the back thereof, place the ballot in an envelope addressed to the ordinary of the county in which he is a registered voter, write on the envelope the word ballot and mail the same. Attached to the ballot furnished by the ordinary for the use of the member of the military in voting shall be instructions as to the signing, marking, voting and return of the same. Such military voter in returning the aforesaid ballot shall not be required to post the same by registered mail or to have the same certified or notarized by any person or persons. How cast. Section 12. It shall be the duty of the county registrars in any primary election held by any political party for the nomination of candidates for the office of Governor, State House Officers, Members of Congress, United States Senators, Judges of the Superior Courts, Justices of the Supreme Court, Judges of the Court of Appeals, Solicitors-General, and Members of the General Assembly, to furnish to any member of the military who is a registered and qualified voter and who is a member of the political party holding the said primary a ballot for the use of the military voter who is a member of the said political party in casting his vote in the said primary election. Said request to the registrars can be made by the member of the military, his relative or friend, and in making such request applicant shall give the name and address of the military voter. The registrars so furnishing the said ballot shall number the same and in a permanent record book provided for the purpose, he shall inscribe the number of the ballot, the name of the military voter for whose use it is intended, the name of the person requesting the same, and the date the ballot was furnished; provided, however, the registrars are authorized to furnish a duplicate ballot for good and sufficient cause to the military voter, provided, further, however, that a notation shall be made thereof in the book hereinbefore referred to. Such registrars in furnishing said ballot to such voter, shall also furnish a self-addressed envelope for the return

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of such ballot to such registrars. Ballots for primaries. Section 13. The member of the military marking and casting the said ballot in said primary election shall sign the same on the back thereof, place the ballot in an envelope addressed to the county registrars of the county in which he is a registered voter, write on the envelope the word Ballot and mail the same. Attached to the ballot furnished by the county registrars for use of the member of the military in voting in said party primary election shall be instructions as to the signing, marking, voting and return of the same. Such military voter in returning the aforesaid ballot shall not be required to post the same by registered mail or to have the same certified or notarized by any person or persons. How cast. Section 14. When duplicate ballots are furnished to military voters in general or primary elections, only the first ballot received shall be counted. Section 15. It shall be the duty of the ordinary in case of general elections, and the duty of the county registrars in case of primary elections, to receive all ballots from members of the military up to and including the election hours of the day of election and to keep the said military ballots in a safe and private place unopened until the day of the election. Upon receipt of the ballot by the ordinary or the county registrars, as the case may be, the said official shall write the date of the receipt of the said military ballot on the envelope containing same. On the day of the election such official shall, in the presence of the election managers, open the envelope containing the military ballot, determine the name of the voter casting the same and record the receipt of his said ballot, and the date received, in the permanent record book maintained by the said official for such purpose. The election managers shall then determine from the list of registered and qualified voters the eligibility of the military voter in question to cast the said ballot and, if found properly registered and qualified, the ordinary or the county registrars, as the case may be, shall deposit the ballot in the regular

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ballot box with the approval of the election managers. Procedure at elections. Section 16. It shall be the duty of the board of registrars to make and file with the election managers of the precinct in which the courthouse of the county is located a full and complete list of registered and qualified voters for the entire county. Voters' lists. Section 17. There is hereby created a State War Ballot Commission composed of the Governor, the President of the Senate, the Speaker of the House, the Attorney-General, and the Secretary of State, which said commission is authorized and empowered to make any and all provisions and regulations necessary to effectuate the operation of this Act and to cooperate with Federal authorities in facilitating and expediting the handling of registration and balloting by military voters. The said War Ballot Commission is also directed to cooperate with State, county and political party officials in all matters relating to the registration and voting of members of the military in elections and party primaries. The said commission is also empowered and authorized to settle and determine all questions of law, procedure and regulation governing the registration and voting of persons in the military. War Ballot Commission. Section 18. All expense in connection with the mailing of registration cards and ballots to members of the military as provided in this Act shall be borne by the counties. Section 19. The terms and provisions of this Act shall expire and become extinguished upon the 1st day of January, 1955. Section 20. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1953.

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BLACK ROCK MOUNTAIN STATE PARK. No. 8 (House Resolution No. 102-337f). A Resolution. To authorize the Governor and Director of the Department of State Parks, Historic Sites and Monuments acting for and on behalf of the State of Georgia to negotiate for the purpose of trading or swapping certain land within the County of Rabun, value for value, for the improvement and development of Black Rock Mountain State Park, and Whereas it is for the benefit of said Black Rock Mountain State Park that the State exchange certain lands for other lands in its development, and Whereas the Georgia Assembly at its 1951 session (Ga. Laws, 1951, p. 871) did resolve for the negotiation with the County of Rabun for the exchange of said property, and Whereas it is now desirable that authority be given for negotiation with individuals for the exchange of other property in the development of said Black Rock Mountain State Park, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that His Excellency, the Governor, and the Director of the Department of State Parks, Historic Sites and Monuments, be and they are hereby authorized, acting for and on behalf of the State of Georgia, to negotiate and execute exchanges of property in connection with the development of Black Rock Mountain State Park for the purpose of trading or swapping lands, value for value, and that His Excellency, the Governor, be and he is hereby authorized to execute on behalf of the State of Georgia necessary conveyances of property now owned by the State of Georgia, conveying title to

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said property in order to complete the negotiation and execution of the trading of said lands. Land exchanges. Approved February 25, 1953. SOCIAL SECURITY FOR EMPLOYEES OF POLITICAL SUBDIVISIONS. No. 297 (House Bill No. 254). An Act to amend an Act approved February 21, 1951 entitled An Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, as amended; to provide the procedure therefor; to provide for declaration of policy; to provide for definitions; to provide for Federal-State agreement and interstate instrumentalities; to provide for the administration and cost thereof; to provide plans for coverage of employees of political subdivisions; to provide a contribution fund; to provide rules and regulations; to provide studies and reports; to provide separability; to provide for repeal; to provide for effective date; to repeal conflicting laws; and for other purposes (Ga. Laws 1951, p. 457) by inserting the phrase January 1, 1951, and in no case (other than in the case of an agreement or modification agreed to prior to January 1, 1954), prior to after the phrase prior to in Section 3, Subsection (a), Paragraph 3, line 5, so as to provide for the retrospective effect of such agreements or modifications in accordance with the 1952 amendment to the Federal Social Security Act; to define the term political subdivision and to stipulate conditions for administration of the contribution fund and to provide withholding of funds where county and independent boards of education fail to collect and remit contributions.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. The Act approved February 21, 1951, whose caption is set forth in the caption hereof (Acts of 1951, p. 457), and particularly Section 3, Subsection (a), Paragraph 3 of said Act is hereby amended by inserting after the phrase prior to in line 5 of said Section 3, Subsection (a), Paragraph 3 of said Act the following: January 1, 1951, and in no case (other than in the case of an agreement or modification agreed to prior to January 1, 1954), prior to so that said Paragraph 3, Subsection (a), Section 3 of said Act as amended shall read as follows: Sec. 3, Act of 1951, amended. Such agreement shall be effective with respect to services in employment covered by the agreement performed after a date specified therein but in no event may it be effective with respect to any such services performed prior to January 1, 1951, and in no case (other than in the case of an agreement or modification agreed to prior to January 1, 1954), prior to the first day of the calendar year in which such agreement is entered into or in which the modification of the agreement making it applicable to such service, is entered into; Section 1-B. That said Act is hereby amended by striking in its entirety Subsection (f) of Section 2 which subsection relates to the definition of political subdivision and inserting in lieu thereof the following: (f) The term `political subdivision' within the terms of this Act, means counties and incorporated towns and cities and includes an instrumentality of (A) the State, (B) one or more political subdivisions of the State, or (C) the State and one or more of its political subdivisions; and the Board of Regents of the University System of Georgia. Political subdivision Section 1-C. That said Act is hereby amended by striking in its entirety Subsection (d) of Section 5, which

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subsection relates to the administration of the contribution fund and inserting in lieu thereof the following: Sec. 5 amended. (d) The treasurer of the State agency shall be treasurer and custodian of the contribution fund and shall administer such fund in accordance with the provisions of this Act and the directions of the State agency, and shall pay all warrants drawn upon it in accordance with the provisions of this section and with such regulations as the State agency may prescribe pursuant thereto. He shall be compensated for these services in an amount established by the board of trustees of the State agency commensurate to the duties and responsibilities. Section 1-D. That said Act is hereby amended by adding a new subsection to Section 4 to be known as Subsection (e) and to read as follows: Sec. 4 amended. (e) Should any county or independent board of education who has entered into a plan of coverage for their employees with the State agency as provided for in this section fail to make collection from their employees and to make reports and payments agreed to in their plan of coverage, it shall be the duty of the State agency to notify the State Board of Education of such failure and thereupon it shall be the duty of the State Board of Education to withhold from said county board of education or independent board of education failing to make such reports and remittances, all appropriations allotted to such county or independent board until said county or independent board has fully complied with the provisions agreed to in their plan of coverage by making reports and remittances of the payments provided for in their plan of coverage entered into with the State agency, and it shall be illegal for the State Board or Department of Education to pay out or release such funds, unless the provisions of this section are complied with. Section 2. Repeal. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed.

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Section 3. Effective date. This Act shall take effect immediately upon its passage and approval by the Governor. Approved February 26, 1953. JURY SERVICE IN SUPERIOR COURT IN CERTAIN COUNTIES. No. 299 (House Bill No. 214). An Act to provide that in judicial circuits of this State consisting of one (1) county only which now, or hereafter, shall have a population of not less than one hundred and fifty thousand (150,000) nor more than four hundred fifty thousand (450,000) inhabitants according to the present or any future United States census, jurors summoned to serve in said court may be competent and compellable to serve the number of days specified herein regardless of the number of calendar weeks in which the service may be given, and for other purposes: Section 1. Be it enacted by the General Assembly and it is hereby enacted by authority of the same that in all superior court judicial circuits in this State consisting of one (1) county only, now or hereafter having a population of not less than one hundred fifty thousand (150,000) nor more than four hundred and fifty thousand (450,000) according to the present or any future United States census, persons called for service as traverse or petit jurors shall be competent and compellable to serve as follows: Counties. (a) Trial Jurors. Trial jurors in civil and criminal cases, whether called traverse, trial or petit jurors; they shall be competent to serve not more than twenty (20) days in any calendar year but they may be required to serve not more than ten (10) days in any calendar year; unless additional service is necessary to complete the

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trial of a case actually in progress at the expiration of such periods of time or unless the entire jury membership qualified under this section has been exhausted. Trial jurors. (b) Grand Jurors. Grand jurors shall not be compellable to serve during more than one (1) term a year, and not competent to serve at successive terms of court. Provided, however, that if from the jurors called there can not be selected and qualified a panel of twenty-three (23) under the above provisions, then sufficient grand jurors to complete the panel may be drawn from the grand jury box without regard to previous service. Grand jurors. Section 2. The rules herein enacted shall apply in said court without regard to the number of weeks in which the service is rendered, but no grand juror or petit juror shall be held over from one term to another. Section 3. All laws or parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved February 26, 1953. REMOVAL OF DIVORCE DISABILITIES. Code 30-125 Amended. No. 300 (House Bill No. 367). An Act to amend Section 30-125, Georgia Code 1933, relating to the application and trial of divorce disabilities, by providing that the judge trying applications for relief from divorce disabilities shall be able to remove such disabilities without the findings of a jury where no cross-action or formal objections are filed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 30-125, Georgia Code 1933, relating

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to the application and trial of divorce disabilities, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Section 30-125, which shall read as follows: 30-125. The application for relief from disabilities shall be tried at the first term of the court by the judge when there is no cross-action filed or formal objection made, or by a jury when there is such cross-action or formal objection, which jury shall be selected as juries are selected for the trial of common law cases. The judge or jury, as the case may be, shall hear all the facts, and if, in their judgment, as the case may be, the interest of the applicant or of society demands the removal of such disabilities, they shall so find, and the party relieved shall be allowed to contract a second marriage, as though no marriage had ever existed between the applicant and the divorced person. Trial. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1953. KEG CREEK STATE PARK. No. 28 (House Resolution No. 34-141a). A Resolution. Whereas, the United States Army, Corps of Engineers, have included in the plan for development of the Clark Hill reservoir area a recreational area to be operated by the Georgia State Parks Department, and Whereas, this recreational area is very badly needed to serve the large number of negro people located in this area which has been designated as the Keg Creek Park, and

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Whereas, this area is available to the State of Georgia under a licensing agreement between the United States Army, Corps of Engineers, and the Georgia State Parks Department. Now, therefore be it resolved by the House of Representatives, the Senate concurring, that the Governor and the Director of the Department of State Parks of Georgia, is hereby authorized to negotiate with the United States Army, Corps of Engineers, for the licensing of property known as the Keg Creek State Park Area in Columbia County, Georgia, for the development of a State park. Be it further resolved that the Department of State Parks is hereby authorized to expend any State funds which may be appropriated for development of State parks for the development of this area. Be it further resolved that the development of this park shall be in addition to any other developments now or hereafter proposed and that said park shall be known as Keg Creek State Park. Approved February 26, 1953. LAND CONVEYANCE TO CITY OF GLENNVILLE AUTHORIZED. No. 29 (House Resolution No. 86-289b). A Resolution. Whereas, the Farmers State Market of Glennville, a corporation, did, by deed in the year 1945, convey to the State of Georgia, Honorable Tom Linder, Commissioner of Agriculture, and his successor in office, for use as a site for the operation of a State Market, the following described lands to wit: All that certain tract or parcel of land, situate, lying and being in the

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City of Glennville, and in the 1432nd G. M. District of Tattnall County, Georgia, containing two acres, more or less, and bound as follows: north by lands of the Glennville Ginnery and J. C. Groover Estate; east by Caswell Street; south by an unnamed Street and west by Main Street, and Whereas, the same was conveyed to the State of Georgia, as a gift by the people of Glennville and vicinity, and, Whereas, after the operation of a state market there for several years, it was found to be too small and unsuited for the purpose, and the City of Glennville and its citizens made another gift to the State of Georgia, of a much larger tract of land at the southern outskirts of said city, which gift was accepted and a new modern state market is operated thereon now, and, Whereas, the aforesaid described land is no longer in use by the State of Georgia as a market site, and since the State does not need it, and has practically no money invested in it, the same should be declared surplus in order that it may be conveyed by the State, and, Whereas, all things considered, the aforesaid surplus property should be conveyed for a nominal sum by the State of Georgia to the City of Glennville, since said city and its people have made another and better site available. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that such described property consisting of two acres, more or less, is hereby declared surplus to the State of Georgia, and the Commissioner of Agriculture of said State is empowered, authorized and directed to execute in behalf of the State of Georgia a deed of conveyance, conveying said property to the City of Glennville, Georgia, for the sum of $1.00. Approved February 26, 1953.

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JEKYLL ISLAND STATE PARK AUTHORITY ACT AMENDED. No. 306 (Senate Bill No. 46). An Act to amend an Act entitled An Act to create the Jekyll Island State Park Authority, enacted February 13, 1950 (Ga. Laws 1950, p. 152) as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 782), as further amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 276), by amending Section 8 of said Act, as amended, by providing that the Jekyll Island State Park Authority shall pay as consideration for its lease one dollar annually and reasonable compliance with the provisions of the Act creating the Authority; by amending Section 10 of said Act, as amended, by providing that said Authority be empowered to improve and lease not more than one-half the land area of Jekyll Island which lies above water at mean high tide; by repealing Section 2 of said Act, as amended, by enacting two new sections therefor so as to provide that said Authority may incorporate restrictive limitations on the use of Jekyll lots in its sublease as covenants and may provide for termination or forfeiture upon the breach of these covenants, and may further make such leases freely assignable subject to all obligations thereof and may further create and continue beyond termination of the original lease such rights and privileges in the present or future lendors upon the security of the lessee's or tenant's rights as it may deem wise, further providing that no party other than a lending institution may hold under lease a total of more than three lots and providing further that the Authority may waive this limitation as regards groups of not more than twenty-five lots when such lessees shall construct houses on said lots and offer the same for sale as improve within a reasonable time, or when

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said lessees shall convenant with the Authority to erect a shopping center or business block or housing project thereon which, when completed, will be offered for rental or assignment unit by unit upon such terms as may be previously agreed to by the Authority; by amending Section 12 of said Act, as amended, by providing that the Authority may lease by negotiation any number or all of the existing buildings and grounds, any one or a number of lots set aside for commercial purposes and such groups of lots as may be leased under the provisions of Section 11-A of this amendment; 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. An Act of the General Assembly enacted February 13, 1950 (Ga. Laws 1950, p. 152), entitled Jekyll Island State Park Authority Act, be and the same is hereby amended at the place after the words, this lease to be for and in consideration of; by striking the remainder of that section and substituting therefor the following language: one dollar annually for each calendar year or fraction thereof paid in hand to and receipted for by the State Treasurer and the reasonable compliance of the Authority with the provisions of this Act, as the same may be amended; provided, that the said grant and conveyance hereby and herein made shall include the right of the Authority to dispose of that portion of the personal property herein conveyed as is defined in Section 6, Subsection (b), as amended. so that said Section 8, as hereby amended, shall read as follows: Sec. 8, Act of 1950, amended. Section 8. To the Authority is granted hereby for and on the part of the State of Georgia a lease for a term of ninety-nine (99) 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

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that island of eleven thousand acres, more or less; lying east of the mainland coast of Georgia, County of Glynn, bounded on its easterly shore by the Atlantic Ocean; bounded upon its northerly shore by Brunswick River; bounded on its westerly shore by Brunswick River, Jekyll Creek, Jekyll River, and Jekyll Sound; and bounded on 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 ways, 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 one dollar annually for each calendar year or fraction thereof paid in hand to and receipted for by the State Treasurer and the reasonable compliance of the Authority with the provisions of this Act, as the same may be amended, provided, that the said grant and conveyance hereby and herein made shall include the right of the Authority to dispose of that portion of the personal property herein conveyed as is defined in Section 6, Subsection (b), as amended. Lease to Authority. Section 2. That said Act be and the same is hereby amended in Section 10 thereof at the place after the words, and lease as subdivided and improved not more

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than one-half of the, by striking the entire remainder of said section and substituting therefor the following language: land area of Jekyll Island which lies above water at mean high tide. so that said Section 10, as hereby amended, shall read as follows: Sec. 10 amended. Section 10. The Authority is empowered to survey, subdivide, improve and lease as subdivided and improved not more than one-half of the land area of Jekyll Island which lies above water at mean high tide. Subleases. Section 3. That said Act be and the same is hereby amended in Section 11 thereof by striking the same in its entirety and substituting therefor two new sections to be known as Section 11 and Section 11-A, which shall read as follows: Sec. 11 amended. Section 11. The leasing of the lots subdivided shall be for not more than 99 years under restrictive limitations as to use, style and character of the structures allowable thereon, and such other limitations as the Authority may deem wise; any and all such restrictions may be incorporated in the leases as covenants and may, at the discretion of the Authority, provide for termination or forfeiture upon breach. Such leases as the Authority shall designate may be made freely assignable subject to all the liabilities, obligations, and duties imposed upon the lessee by the Authority in its original lease. The Authority may in its lease hold conveyances or rental contracts, create and provide for the preservation of such rights and privileges in the present or future security grantees, mortgages, or other lendors upon the security of the lessee's or tenant's rights as it may deem wise; such rights and privileges when created may also provide for their continuance or survival after termination or forfeiture of the original leasehold or rental contract. Subleases. Section 11-A. No person, partnership, or corporation, except the Authority may, during the life of the Authority hold under lease a total of more than three (3) lots in the residential subdivisions made on Jekyll

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Island by the Authority; provided, that no violation of this limitation by any party shall in any wise affect the good and sufficient lease title of any bona fide assignee or any subsequent assignee thereof; provided, this limitation shall not apply to any bank, insurance company, building and loan association, mortgage loan company, Federal or State lending agency, which may be holding lots under lease in excess of this number by virtue of foreclosure of loans made upon the security of improvements erected or existing on such lots; and provided further, the Authority may waive this limitation as regards groups of not more than 25 lots when the lessees thereof shall be a person, corporation, or other business enterprise engaged in the construction and sale of houses and such entity shall covenant to erect houses upon the lots so leased and to sell and assign all lots so leased as improved within a reasonable period of time as determined by the Authority; and provided further, the Authority may waive this limitation as regards groups of not more than 25 lots when the lessee thereof shall covenant to erect or cause to be erected a shopping center or business block or housing project thereon which, when completed, shall be offered for rental or assignment, unit by unit, upon such terms and conditions as may be agreed to by the Authority prior to its construction. Limitation. Section 4. That said Act be and the same is hereby amended in Section 12 thereof at the place after the words, that a drawing shall be held to determine which of the acceptable applications and the sequence in which acceptable, by striking the entire remainder of said section and substituting therefor the following language: applications shall be accepted by the Authority for leases upon the available lots; provided that the Authority may lease by negotiation any number or all of the existing buildings together with appropriate grounds, and provided further that the Authority may lease by negotiations for commercial purposes, any one or a number of the lots it shall set aside for commercial purposes, and provided further that when in the exercise of its discretion the Authority shall offer for lease groups of

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lots as provided for in Section 11-A, such blocks may be leased by negotiation. All such leases granted by the Authority shall, upon execution, become a contract between the individual lessee, his approved assigns, the Authority, and the State of Georgia. so that said Section 12, as hereby amended, shall read as follows: Sec. 12 amended. Section 12. The lots in the various subdivisions created on Jekyll Island by the Authority may be leased either singly or in groups deemed appropriate by the Authority, only after publication of a complete schedule of the lease rentals applicable to the lots in the official organs of Glynn and Fulton Counties, provided that, if at any time the number of acceptable applications for lots received by the Authority shall exceed the number of lots available in any one of the property subdivisions created by the Authority, that a drawing shall be held to determine which of the acceptable applications and the sequence in which acceptable applications shall be accepted by the Authority for leases upon the available lots; provided that the Authority may lease by negotiation any number or all of the existing buildings together with appropriate grounds, and provided further that the Authority may lease by negotiation for commercial purposes, any one or a number of the lots it shall set aside for commercial purposes, and provided further that when in the exercise of its discretion the Authority shall offer for lease groups of lots as provided for in Section 11-A, such blocks may be leased by negotiation. All such leases granted by the Authority shall, upon execution, become a contract between the individual lessee, his approved assigns, the Authority, and the State of Georgia. Leases by negotiation. Section 5. All laws in conflict herewith are hereby repealed. Approved February 27, 1953.

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INCOME TAXESCAPITAL GAINS AND LOSSES. Code 92-3119 Amended. No. 307 (House Bill No. 359). An Act to amend Section 92-3119 of the Code of Georgia of 1933, as amended, and particularly as amended by An Act of the General Assembly (Ga. Laws 1952, p. 405) which added Subsection (d) (2), which section relates to limitations on capital gains and losses, so as to provide that the percentage of income taken into account for any taxable year in which the net long term capital gain exceeds the net short term capital loss shall be the same for corporations as other taxpayers; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 92-3119 of the Code of Georgia of 1933, as amended, and particularly as amended by An Act of the General Assembly (Ga. Laws 1952, p. 405), which added Subsection (d) (2), which section relates to limitations on capital gains and losses, be further amended by striking the words other than a corporation found in the first sentence of said Subsection (d) (2), so that said subsection when so amended shall read as follows: (2) Percentage taken into account.In the case of a taxpayer if for any taxable year the net long-term capital gain exceeds the net short-term capital loss, fifty per centum of the amount of such excess shall be a deduction from gross income. In the case of an estate or trust, the deduction shall be computed by excluding the portion, if any, of the gains for the taxable year from sales or exchanges of capital assets which is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.

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Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1953. INCOME TAX DEDUCTIONS FOR SERVICEMEN. No. 312 (House Bill No. 358). An Act to provide that for income tax purposes all persons serving in the armed forces of the United States between January 1, 1950 and the termination of the Korean Conflict may deduct from their gross income for any year so much of their compensation for such services as does not exceed $1500, and to exempt such compensation from any income tax; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That any person serving in the armed forces of the United States between January 1, 1950 and the termination of the Korean Conflict in making his or her income tax return may in addition to all other deductions allowed by law take from his or her gross income so much of the compensation received in any year for such services as a member of the armed forces of the United States as does not exceed the sum of $1500. The compensation so deducted shall not exceed gross income and shall be exempt from taxation under the Income Tax Laws of this State. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1953.

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CIVIL ACTIONSPRE-TRIAL PROCEDURE. No. 319 (House Bill No. 185). An Act to provide for pre-trial procedure in civil actions in the superior courts; to provide a method for formulating issues and for the simplification of issues in cases pending for trial, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. In any civil action in the superior courts, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider, (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; Conference. (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (4) The limitation of the number of expert witnesses; (5) Such other matters as may aid in the disposition of the action. Section 2. The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pre-trial calendar on which actions may be placed for consideration as above provided and may either confine

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the calendar to jury actions or to non-jury actions or extend it to all actions. Order. Section 3. All statutes or parts of statutes in conflict with any of the provisions of this Act are hereby expressly repealed. Section 4. If any provision of this Act is declared invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end the provisions of this Act are declared to be severable. Approved February 27, 1953. TEACHERS' RETIREMENT SYSTEM. No. 324 (Senate Bill No. 86). An Act to amend an Act establishing a Teachers' Retirement System for the State of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly as amended by an Act approved February 15, 1952, (Ga. Laws 1952, p. 254), so as to provide for reinstatement of membership upon payment of a certain sum; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State public schools; and other State supported schools; to determine membership and conditions of membership in said system; to provide for a board of trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system;

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to repeal conflicting laws; and for other purposes, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 254), is hereby amended by adding after the first sentence of paragraph (4) of Section 3 the following: If any member has a break in service of two years, such members may be reinstated to membership if he shall pay a sum equal to twelve and one-half (12) percent of his salary for his last year of service for each year, or fraction of a year, after such two year break in service, if the total break in service does not exceed four years, and provided such sum is paid within six months after the return to service of such member or within 6 months after the passage of this Act. All interest credits shall cease after such break in service of two years, but shall begin again on the date of the payment of the sum provided for above., so that said Paragraph (4) of Section 3 when so amended shall read as follows: Sec. 3, Act of 1943, amended. The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of 3 consecutive years after becoming a member he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund. If any member has a break in service of two years, such member may be reinstated to membership if he shall pay a sum equal to twelve and one-half (12%) percent of his salary for his last year of service for each year, or fraction of a year, after such two-year break in service, if the total break in service does not exceed four years, and provided such sum is paid within six months after the return to service of such member, or within 6 months after passage of this Act. All interest credits shall cease after such break in service of two years, but shall begin again on the date of the payment of the sum provided for above. Notwithstanding the foregoing, the board of trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the board of

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trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. The membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of a child or children by said teacher. All members whose membership prior hereto has terminated due to such cause are hereby declared to be reinstated and entitled to all the prior service credits and other rights as though this Act were in effect at the date of such withdrawal from service. No benefit under the retirement system other than the payment of the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution, shall be made to this system by the State or other employer by reason of his service during any such time, except as herein otherwise provided. A leave of absence shall be limited to not more than three years for each child adopted. Break in service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1953. INCOME TAXESPERSONAL EXEMPTIONS. Code 92-3106 Amended. No. 325 (House Bill No. 535). An Act to amend Subsection (j) of Section 92-3106 of the Code of Georgia of 1933 as amended, in order to provide that the amount of income a beneficiary of a trust may receive from said trust before disallowing said beneficiary as a dependent shall be the same amount as allowed any dependent to receive, as taxable

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gross income, before disallowing said dependent; to provide for an effective date; 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 Subsection (j) of Section 92-3106 of the Code of Georgia of 1933 as amended, be amended by striking the figure $400.00 wherever appearing, and substituting in lieu thereof the figure $600.00 so that said subsection, when so amended, shall read as follows: (j) No person shall be allowed a credit for dependent or dependents when the person or persons claimed as dependents are entitled to receive an income in an amount exceeding $600.00 a year from a trust created for the benefit of such dependent, whether said $600.00 be accrued or paid within the taxable year. Dependents. Section 2. The foregoing provisions shall apply to and be in full force and effect for all taxable years ending on and after the passage of this Act. Section 3. If any part of this Act shall be found to be and declared unconstitutional the remaining parts, portions or sections shall remain in full force and effect. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 27, 1953.

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INCOME TAXESDEDUCTIONS FROM GROSS INCOME. Code 92-3109 Amended. No. 326 (House Bill No. 537). An Act to amend Subsection (c) of Section 92-3109 of the Code of Georgia of 1933 as amended, which subsection provides for the deduction of taxes from gross income, and which has not been clear as to the intent of the General Assembly as to the accrual of Federal income taxes in enacting an amendment to said subsection, said amendment being approved February 15, 1952, by striking said subsection in its entirety and substituting in lieu thereof a new subsection so as to provide for the deduction of taxes for all years ending on and after passage of this Act, and to express intent of the General Assembly as to the deduction of Federal income tax under the last amendment preceding this amendment; to provide for effective dates; to clarify and to amend Subsection (f) of Section 92-3109 of the Code of 1933 as amended, which subsection provides for the deduction of a depletion allowance in the case of mines, oil and gas wells and which has not been clear as to the intent of the General Assembly in enacting said subsection; to declare the intent of the General Assembly in originally enacting said subsection; 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 Subsection (c) of Section 92-3109 of the Code of Georgia, as amended, be further amended by striking said subsection in its entirety and substituting in lieu thereof the following new subsection: Code 92-3109. (c) Taxes.(1) Taxes paid or accrued within the taxable year, except State income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes,

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gasoline taxes, and taxes assessed for local benefits of a kind tending to increase the value of the property assessed. (2) In the case of Federal taxes on income, no deduction shall be allowed for taxes related, by implication or otherwise, to any retirement benefits for the person paying such tax or from whose wages such taxes are withheld. Such taxes include those popularly known as Social Security, O.A.B., or F.I.C.A. taxes, and Railroad Retirement or Carriers taxes required to be withheld from employees' wages, and taxes paid by self-employed persons, popularly known as Self-employed Social Security Tax. Those Federal taxes required to be paid by employers, which match or are similar to the taxes such employer must withhold, and the taxes popularly known as Unemployment Taxes, may be deducted by such employer only if incurred in a trade or business or in the production of taxable income. (3) Federal income taxes shall be deducted only in the year in which paid, regardless of the method of accounting used by the taxpayer in keeping his books and records. In the case of deficiencies or additional assessments for prior years they shall be deductible in the year in which paid, provided, however, that if such deficiencies or assessments result from issues, income or deductions that would constitute a basis for assessment of income taxes by this State under its laws, said deficiencies shall be deductible, in the year in which paid, only if taxpayer waives provisions of Section 92-3303 of the Georgia Code as amended, when said section would otherwise bar the assessment and collection of such deficiencies by this State. Federal income taxes. In the event of recovery or refund of Federal income taxes, actual or constructive, such refund shall be included in gross income of the taxpayer in the taxable period in which received, regardless of the method of accounting used by the taxpayer in keeping his books and records, but only to the extent that the taxpayer received a tax benefit on the return on which such tax

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was deducted or deductible. (4) Where the entire net income of the taxpayer is not taxable by the State of Georgia, the taxpayer may deduct only Federal income taxes in the same proportion that the net income taxable by the State of Georgia before deduction of Federal income taxes bears to the net income taxable by the Federal Government before deduction of State income taxes. In computing the ratio under this paragraph, in the case of both the Georgia and Federal net taxable incomes, the respective incomes for the taxable period to which the Federal income tax to be deducted applies shall be used. (5) If the taxpayer is or has been a member of the armed services of the United States and by reason of his service he is or was unable to file, or does not or did not file, a return or returns with this State or the United States until his return to the United States, or under after his discharge from the armed services, he may, at his election, upon filing such returns deduct from gross income in each taxable year the amount of Federal income taxes determined to be due for such taxable year, whether or not paid within said year, provided said Federal income taxes are paid within the time prescribed by Federal law for such payment. If the State has assessed taxes without benefit of this paragraph, they shall be abated, and if collected they shall be deemed to be erroneously collected, and taxpayer shall be credited or refunded the taxes so paid provided he files claim therefor within three years from the date of last payment of such Federal income taxes. In the case of such credits or refunds, no interest shall accrue or be paid by this State. (6) In the case of the first taxable year ending on or after February 15, 1952 a taxpayer reporting on the cash receipts and disbursements basis may deduct Federal income taxes paid within such year. For said taxable year a taxpayer reporting on the accrual basis may deduct Federal income taxes paid within such year. The purpose of this paragraph is to correct possible inequities

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appearing as a result of the amendment to this subsection in an Act approved February 15, 1952. However, if, as a result of said Act, a taxpayer on the accrual basis deducts Federal income taxes incurred during the first year ending on or after February 15, 1952 on a Georgia return for the same period, said taxpayer, unless he files an amended return in accordance with the provisions hereinafter stated, shall not thereafter deduct such tax again, regardless of his method of accounting, and notwithstanding the provisions of Paragraph 3 hereinabove. If a taxpayer files, or has filed, a return for the taxable period covered by this paragraph without benefit of the provisions thereof, he may file an amended return for said period in order to deduct Federal income taxes actually paid during said period, and to add back Federal income taxes accrued on the original return. If such amendment results in a deficiency of Georgia income tax, the same shall be paid by the taxpayer without interest to date of said amendment. If such amendment results in an overassessment the same shall be abated, and if paid it shall be deemed to have been erroneously collected and shall be refunded, without interest to the date claim therefor is filed. Said amended return may be filed at any time within two years from the date of passage of this Act, and not thereafter. (7) No income taxes shall be allowed as a deduction in computing a net operating loss carry-over or carry-back as provided for in Section 92-3109 (m) of the Code of Georgia. (8) In the case of an individual filing under the so called Federal Current Tax Payment Act he may, at his election, deduct Federal income taxes actually due as shown on the return filed with the Federal Government, from the income as reported to Georgia for the same period; provided, however, that such Federal income taxes must be actually paid to the Federal Government on or before the Federal due date, or officially extended due date. Nothing herein shall be construed to mean

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that a deficiency, or deficiencies, shall be disallowed as a deduction in the taxable period in which such deficiency, or deficiencies, are actually paid. Section 1-A. Subsection (f) of Section 92-3109 of the Code of Georgia as amended is hereby further amended, in order to clarify and express the original intent of the General Assembly, by striking from the end of said section the period and substituting therefor a comma, and by adding after said comma the following: but the amount allowed as a deduction for percentage depletion in the case of mines, oil and gas wells, other natural deposits and timber shall be the same depletion as now allowed under Federal Internal Revenue Code Section 23 (m), and the basis for such percentage depletion allowance shall be the same as now provided under Federal Internal Revenue Code Section 114 (b) (3), (4). so that said subsection, when so amended, shall read as follows: Code 92-3109 amended. (f) Depreciation and depletion. A reasonable allowance for the depreciation and obsolescence of property used in the trade or business; and in the case of mines, oil and gas wells, other natural deposits, and timber, a reasonable allowance for depletion: Provided, that after the cost has been recovered or restored through depreciation previously allowed for either Federal or State income tax purposes no further deduction shall be allowed. The amount allowed as a deduction for depreciation or depletion shall in no instance exceed the amount so allowed in a return filed with the Federal Government for the same period, but the amount allowed as a deduction for percentage depletion in the case of mines, oil and gas wells, other natural deposits and timber shall be the same depletion as now allowed under Federal Internal Code Section 23 (m), and the basis for such percentage depletion allowance shall be the same as now provided under Federal Internal Revenue Code Section 114 (b) (3), (4). Depreciation and depletion. Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act, with the exception

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of Paragraph 6 of Section 1 above, shall apply to and be in full force and effect for all taxable years ending on or before the date of passage of this Act. Section 3. Be it further enacted by the authority aforesaid that if any part of this Act shall be declared unconstitutional the remaining parts, portions or sections shall remain in full force and effect. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 27, 1953. INCOME TAXES. Code 92-3109, 92-3119, 92-3303, 92-3305 Amended. No. 327 (House Bill No. 538). An Act to amend Subsection (m) of Section 92-3109 of the Code of Georgia, relating to deduction of net operating losses from gross income, and which subsection has not been clear as to the limit to which such loss may be carried, in order to show the original intent of the General Assembly as to such limit, and to further amend said subsection to limit the time when interest shall begin on a refund resulting from the carrying back of such losses and to provide for such refunds and to further amend said subsection to permit tentative carry-back adjustments; to amend Subsections (e) and (f) of Section 92-3119 of the Code of Georgia, relating to recognition of gain from involuntary conversions of property and from sale of residences, respectively, and which have not been clear as to the location of property so converted or the residences, in order to express the original intent of the General Assembly that provisions of said subsections

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shall apply only to property within Georgia, or property over which Georgia has jurisdiction for income tax purposes; to amend Paragraph (2) of Subsection (b) of Section 92-3303 of the Code of Georgia of 1933 as amended, which paragraph relates to the time within which income tax may be assessed because of omission of income, and which has not been clear due to the vagueness of the term gross income, so as to express the original intent of the General Assembly that such term shall mean income less business expenses; to amend Section 92-3305 of the Code of Georgia, as amended, so as to clearly express the intent of the General Assembly that no interest in excess of six per centum per annum shall accrue after February 15, 1952 because of taxpayer's failure to pay taxes when due; to provide for effective dates; 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 Subsection (m) of Section 92-3109 of the Code of Georgia, which relates to deduction of net operating losses, and which has not been clear as to the limit of time to which a loss may be carried, be amended in order to clearly express the original intent of the General Assembly with regard to such limit, by striking the period at the end of the first sentence of Paragraph (1) and inserting a comma in lieu thereof and adding the words whichever is earlier to said first sentence, so that said Paragraph (1) when so amended shall read as follows: Code 92-3109 amended. (m)...(1) The net operating loss as hereinbelow defined for any year ending on or after the passage of this Act and for any succeeding taxable year may be carried back to the next preceding taxable year, and if not completely exhausted by such carry-back may be carried over to the next succeeding taxable year and annually thereafter for a total period of five years next succeeding the year of such net operating loss, or until

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such net operating loss has been exhausted or absorbed by the taxable income of any succeeding year, whichever is earlier. The net operating loss deduction must be carried back and carried forward in the order named above. Net operation loss, carry-back. Section 2. That Subsection (m) of Section 92-3109 of the Code of Georgia of 1933, which subsection relates to deduction of net operating losses, and which has not been clear as to the appropriation for refunds in the case of a loss carry-back, be amended in order to clearly express the original intent of the General Assembly, and to further amend said subsection so as to limit the time when interest on such refunds shall commence, by adding the following sentence to Paragraph (4) of said Subsection (m): In case a refund is due under this subsection, the tax refundable shall be deemed to have been erroneously assessed and collected and shall be paid under the provisions of Section 92-8436 of the Code of Georgia as amended; provided, however, that no interest shall accrue or be paid for any period prior to the time taxpayer actually files a claim for said refund with the Commissioner., so that said Paragraph (4) of said Subsection (m) when so amended shall read as follows: (m)...(4) In the event a taxpayer is entitled to a refund of income taxes by reason of a loss carry-back under this subsection, a claim for such refund must be filed on or before the fifteenth day of the thirty-ninth month following the close of the taxable year wherein the loss was incurred, notwithstanding the provisions of Section 92-3303 of the Georgia Code as amended. In case a refund is due under this subsection, the tax refundable shall be deemed to have been erroneously assessed and collected and shall be paid under the provisions of Section 92-8436 of the Code of Georgia as amended; provided, however, that no interest shall accrue or be paid for any period prior to the time taxpayer actually files a claim for said refund with the Commissioner. Refunds. Section 3. That Subsection (m) of Section 92-3109

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of the Code of Georgia of 1933, which subsection relates to deduction of net operating losses, be amended so as to permit tentative carry-back adjustments by adding a new paragraph, to be designated Paragraph 5 of said subsection (m) which shall read as follows: (m)...(5) In the event a taxpayer is entitled to a return of income taxes by reason of a loss carry-back under this subsection, an application for a tentative carry-back adjustment of the taxes for the prior taxable year affected by a net operating loss carry-back, may be filed within a period of twelve months following the end of the taxable year of the net operating loss. The application shall be in such form as the Commissioner by regulation shall prescribe. Such an application shall not constitute a claim for credit or refund. Within a period of ninety days from the last day of the month in which the tentative carry-back adjustment is filed, the Commissioner shall make, to the extent he deems practicable in such period, a limited examination of the application to determine the amount of decrease in any tax attributable to such carry-back upon the basis of the application and the examination, but the Commissioner may disallow without further action any application which he finds contains errors of computation which he deems cannot be corrected within such ninety-day period or material omissions. The decrease so determined shall be applied against any unpaid amount of the tax decrease and the remainder shall, within such ninety-day period, be either credited against any income tax then due from the taxpayer, or refunded to the taxpayer. Any such credit or refund shall be without interest. If the Commissioner should determine that the amount credited or refunded under this paragraph is in excess of the amount properly attributable to the carry-back with respect to which such amount was credited or refunded, he may assess the amount of the excess as a deficiency as if it were due to a mathematical error appearing on the face of a return. Tentative carry-back adjustments. Section 4. That Subsection (e) of Section 92-3119 of the Code of Georgia, which provides for non-recognition

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of gain, under certain conditions, from property involuntarily converted, and which has not been clear as to the intent of the General Assembly regarding the location of the property named therein, be amended so as to clearly express the original intnt of the General Assembly that said subsection shall apply only to property within Georgia, or property the gain or loss from which is includable in or deductible from the income taxable by this State, by adding a new paragraph to said subsection, to be designated as Paragraph (4), said paragraph to read as follows: Code 92-3119 amended. (e)...(4) For the purposes of this subsection, both the property converted and the property received in exchange, or replaced with the proceeds of said conversion, shall be property located within Georgia, or shall be property the gain or loss from the sale or exchange of which is includable in or deductible from the gross income taxable by this State under the income tax laws of this State. Section 5. That Subsection (f) of Section 92-3119 of the Code of Georgia, which provides for non-recognition of gain, under certain conditions, from the sale of a residence, and which has not been clear as to the intent of the General Assembly regarding the location of the property named therein, be amended so as to clearly express the original intent of the General Assembly that the provisions of said subsection shall apply only to residences within Georgia, by adding a new paragraph to said subsection, to be designated as Paragraph (8), said paragraph to read as follows: (f)...(8) For the purposes of this subsection the properties named herein, whether old residence or new residence, or other, shall be deemed to mean only property located within Georgia. If the property disposed of or the property acquired under provisions of this subsection is outside Georgia, or so located that Georgia has no jurisdiction to tax income from or the gain or loss from the disposition of said property, the provisions of this subsection shall not apply.

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Section 6. That Paragraph (2) of Subsection (b) of Section 92-3303 of the Code of Georgia, which relates to the time within which income taxes may be assessed because of omission of income, and which has not been clear due to the vagueness of the term gross income, be amended in order to clearly express the original intent of the General Assembly by inserting the words less business expenses as immediately following the second gross income and preceding the word stated in said paragraph, so that said paragraph, when so amended, shall read as follows: Code 92-3305 amended. (b)...(2) If the taxpayer omits from gross income an amount properly includable therein which is in excess of 25 per centum of the amount of gross income less business expenses as stated in the return, the tax may be assessed or a proceeding in court for the collection of such tax may be begun without assessment, at any time within six years after the return was filed. Section 7. That Section 92-3305 of the Code of Georgia as amended, which relates to interest in the case of failure to pay income tax when due or assessed, and which has not been clear as to the intent of the General Assembly, be amended in order to clearly express the original intent of the General Assembly that no interest at a rate higher than six per centum per annum shall accrue after February 15, 1952, the date of last amendment of said Code Section, by adding a new subsection to be designated as Subsection (c), to read as follows: (c) On and after February 15, 1952, no interest at a rate higher than six per centum per annum shall be accrued, assessed or collected, regardless of the taxable period for which the tax is owing. Section 8. That the provisions of this Act, which express original intent of the General Assembly, shall apply to and be in full force and effect for all taxable periods since the Code sections named herein and covered by this Act, were last amended, and for all taxable years ending on or after the passage of this Act.

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Section 9. That if any part of this Act shall be declared unconstitutional the remaining parts, portions or sections of said Act shall remain in full force and effect. Section 10. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 27, 1953. TAX ACT OF 1935 AMENDED. No. 328 (House Bill No. 540). An Act to amend Section 2, Paragraph 45, Subparagraph (2) of the General Tax Act (Ga. Laws 1935, p. 11, 31), which paragraph provides for the payment of tax, reports of foreign corporations, and excepts certain companies, by striking from said Subparagraph (2) the words or to sewing-machine companies; 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 2, Paragraph 45, Subparagraph (2) of the General Tax Act (Ga. Laws 1935, p. 11, 31), be amended by striking the words or to sewing-machine companies in lines 5 and 6, so that said Subparagraph (2), when so amended, shall read as follows: (2) The payment of this tax shall not be construed so as to relieve a corporation or its agents of any other license or occupation tax whatever. Provided, that this and Paragraphs 43 and 44 of this section shall not apply to insurance companies which are separately taxed by other provisions of this Act. Provided further, that all returns by corporations, resident or non-resident, must be made under oath, and when any corporation paying this license or occupation tax requires or demands more

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than two duplicate certificates for agents, then such corporation shall be required to pay an additional fee of $1.00 for each duplicate certificate or receipt over and above the first two mentioned. Sec. 2 amended. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 27, 1953. INCOME TAX DEDUCTIONS FOR SERVICEMEN. No. 329 (House Bill No. 524). An Act to provide that the income tax returns of all persons serving in the armed forces of the United States between January 1, 1950 and the termination of the Korean Conflict shall be computed or recomputed so as to allow a deduction from the gross income for any year of so much of the compensation for such services as does not or did not exceed fifteen hundred ($1500) dollars in addition to all other deductions allowed by law, and to exempt such compensation from income taxes where such deductions were not made before passage and approval of this Act; to provide that after allowing said deductions, and sum found to be overpaid to the State Revenue Commissioner shall be refunded without interest to the taxpayer; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the income tax returns of all person serving in the armed forces of the United States between January 1, 1950 and the termination of the Korean Conflict shall be computed or recomputed so as to allow a deduction from gross income for any year of so much of their compensation for such services as does not and did not exceed fifteen hundred ($1500) dollars in addition

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to all other deductions allowed by law, and to exempt such compensation from income taxes where such deduction was not made either before or after the passage of this Act. Deductions. Section 2. That after allowing said deduction as herein provided, any sum found to be overpaid to the State Revenue Commissioner shall be refunded without interest to the taxpayer. Refunds. Section 3. That all refunds herein provided shall be paid by warrants of the Governor issued upon requisition therefor showing the person to whom the refund shall be paid and the reason therefor. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 27, 1953. INCOME TAXESREPORTING ON INSTALLMENT PLAN. Code 92-3107 Amended. No. 330 (House Bill No. 534). An Act to amend Subsection (a) of Section 92-3107 of the Code of Georgia of 1933 as amended, which relates to and defines gross income, and which has not been clear as to the intent of the General Assembly as to the meaning of the term initial payment in reporting income on the installment plan by striking the word Provided and all that follows in said subsection and adding to said subsection two new paragraphs which will express the intent of the General Assembly as to the methods of reporting incomes on the installment basis and to change the percentage of initial payment from forty per centum to thirty per centum; to provide for an effective date; 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 Subsection (a) of Section 92-3107 of the Code of Georgia as amended, be amended in order to clarify and express the original intent of the General Assembly as to reporting income on the installment plan and as to the meaning of the term initial payment and to further amend said subsection so that the initial payment on such installment sales will be thirty per centum instead of forty per centum, by striking all that portion of said subsection beginning with the word Provided, and by inserting a period in place of the semicolon immediately preceding the word Provided, and adding two new paragraphs to be designated as paragraphs (1) and (2) as follows: Code 92-3107 amended. (1) Dealers in Personal Property.Under regulations prescribed by the Commissioner a person who regularly sells or otherwise disposes of personal property on the installment plan may return as income therefrom in any taxable year that proportion of the installment payments actually received in that year which the gross profit realized or to be realized when payment is completed, bears to the total contract price. (2) Sales of Realty and Casual Sales of Personalty.In the case (i) of a casual sale or other casual disposition of personal property (other than property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year), for a price exceeding $1,000, or (ii) of a sale or other disposition of real property, if in either case the initial payments do not exceed 30 per centum of the selling price, the income may, under regulations prescribed by the Commissioner be returned on the basis and in the manner above prescribed in paragraph (1) of this section. As used in this section the term initial payments means the payments received in cash or property other than evidence of indebtedness of the purchaser during the taxable period in which the sale or other disposition is made., so that said subsection (a), when so amended

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shall read as follows: (a) The words Gross Income mean the income of a taxpayer derived from salaries, wages, or compensation for personal service, of whatever kind and in whatever form paid, or from professions, vocations, trades, business, commerce or sales, or dealing in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever and in whatever form paid. Gross income. (1) Dealers in Personal Property.Under regulations prescribed by the Commissioner a person who regularly sells or otherwise disposes of personal property on the installment plan may return as income therefrom in any taxable year that proportion of the installment payments actually received in that year which the gross profit realized or to be realized when payment is completed, bears to the total contract price. Dealers in personal property. (2) Sales of Realty and Casual Sales of Personalty.In the case (i) of a casual sale or other casual disposition of personal property (other than property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year), for a price exceeding $1,000, or (ii) of a sale or other disposition of real property, if in either case the initial payments do not exceed 30 per centum of the selling price, the income may, under regulations prescfribed by the Commissioner be returned on the basis and in the manner above prescribed in paragraph (1) of this section. As used in this section the term initial payments means the payments received in cash or property other than evidences of indebtedness of the purchaser during the taxable period in which the sale or other disposition is made. Sales of realty and casual sales of personalty. Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act relating to the

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percentage of the initial payment shall apply to and be in full force and effect for all taxable years ending on and after the passage of this Act, and that the other provisions of this Act shall apply to and be of full force and effect for all taxable periods applicable since the enactment of said subsection prior to this Act and to all taxable years ending on and after the passage of this Act. Section 3. Be it further enacted by the authority aforesaid that if any part of this Act shall be declared unconstitutional the remaining parts, portions or sections shall remain in full force and effect. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 27, 1953. CORPORATION LICENSE TAXES. No. 331 (House Bill No. 539). An Act to amend an Act known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 157), and as further amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 371-374) making certain changes in the license or occupation tax relating to corporations, by striking the following language from Paragraph 43 set out in Section 1 of the Act approved February 15, 1952 (Ga. Laws 1952, p. 371-374): The tax provided in this section shall be paid to the State Revenue Commissioner by each corporation taxable hereunder within ninety days next succeeding the due date of the same such due date is and is hereby declared to be ninety days next succeeding January first in each year.,

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and inserting in lieu thereof the following: The tax provided in this section shall be paid to the State Revenue Commissioner by each corporation taxable hereunder within ninety days succeeding the due date of the same; such due date is hereby declared to be January first of each year.; and by further amending said Paragraph 43 of Section 1 by striking Subparagraph (i) of said section, which subparagraph provides that a balance sheet shall be filed by all corporations whose capital stock had no par value, and substituting in lieu thereof the following: (i) A balance sheet of the last day of the last fiscal year or calendar year, preceding the taxable date.; and by further amending said Paragraph 43 of Section 1 by adding a new subparagraph to be designated as Subparagraph (m), providing for penalties for failure to make reports as required by law; and by further amending said Paragraph 43 of Section 1 by adding a new subparagraph to be known as Subparagraph (n), providing for penalties to be imposed for taxes remaining unpaid for a period of ninety days; and by further amending said Paragraph 43 of Section 1 by adding a new subparagraph designated as Subparagraph (o), providing for due date of report and tax at date of incorporation; and to further amend Paragraph 43 of Section 1 by adding a new subparagraph, designated as Subparagraph (p), providing that for any corporation receiving a charter after July 1 in any year the corporation license tax for said year shall be 50% of the tax imposed for an entire year; 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 Paragraph 43 of Section 1 of an Act entitled An Act to amend an Act known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 157), so as to make certain changes in the license or occupation tax relating to corporations; (Ga. Laws 1952, p. 371), be amended

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by striking the following language in the paragraph next succeeding the scale of license or occupation taxes: The tax provided in this section shall be paid to the State Revenue Commissioner by each corporation taxable hereunder within ninety days next succeeding the due date of the same such due date is and is hereby declared to be ninety days next succeeding January first of each year., and inserting in lieu thereof the following language: The tax provided in this section shall be paid to the State Revenue Commissioner by each corporation taxable hereunder within ninety days succeeding the due date of the same; such due date is hereby declared to be January first of each year., so that said paragraph next succeeding the scale of license or occupation taxes in Paragraph 43 of Section 1 of said Act shall read as follows: Sec. 1 Act of 1935, amended. For the purpose of ascertaining the tax hereby imposed, the net worth of a corporation shall be presumed to be the net worth as disclosed on its books and as reflected on the report to be hereinafter annually filed by such corporation. Provided, however, that in the event the State Revenue Commissioner shall ascertain that the books of any corporation taxable hereunder or the return filed for any corporation reporting hereunder, as hereinafter provided, does not disclose the true net worth of such corporation, then in such event, the net worth of such corporation shall have such value as shall be fixed thereon by the State Revenue Commissioner from any information obtained by him from any source. The tax provided in this section shall be paid to the State Revenue Commissioner by each corporation taxable hereunder within ninety days succeeding the due date of the same; such due date is hereby declared to be January first of each year. Section 2. That Paragraph 43 of Section 1 of said Act be further amended by striking Subparagraph (i), which reads as follows: (i) And for corporations whose capital stock had no par value, a balance-sheet as of the last day of the last fiscal or calendar year.; and inserting in lieu thereof a new subparagraph (i) which shall

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read as follows: (i) A balance sheet as of the last day of the last fiscal or calendar year, preceding the taxable date. Section 3. That `Paragraph 43 of Section 1 of said Act be further amended by adding a new subparagraph following Subparagraph (1), to be designated as Subparagraph (m) to read as follows: (m) Any corporation subject to the provisions hereof which shall fail to make the reports herein required, when required, shall by reason of said failure become liable to 10% of the face value of said tax as an added penalty, to be collected in the same manner as the tax itself is collected; provided, however, the State Revenue Commissioner shall have the authority to extend the time either for making said report or paying the tax herein provided for good cause shown to him. Section 4. That Paragraph 43 of Section 1 of said Act be further amended by adding a new subparagraph immediately following Subparagraph (m) to be designated as Subparagraph (n), which shall read as follows: (n) Should the tax imposed by this section remain unpaid for ninety days from the due date thereof, the delinquent corporation liable therefor shall be subject to and shall pay in addition to other penalties incurred a penalty of ten per cent (10%) of the tax imposed. Section 5. That Paragraph 43 of Section 1 of said Act be further amended by adding a new subparagraph immediately following Subparagraph (n) to be designated as Subparagraph (o), which shall read as follows: (o) For any corporation receiving a charter after January 1 in any year, the taxes provided for in this section are due on the date of incorporation and shall be paid to the State Revenue Commissioner within ninety

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(90) days thereafter. Provided, however, that for each succeeding year such taxes shall be paid in the manner provided for in Section 1 of this Act. Section 6. That Paragraph 43 of Section 1 of said Act be further amended by adding a new subparagraph immediately following Subparagraph (o) to be known as Subparagraph (p) which shall read as follows: (p) For any corporation receiving a charter on or after July 1 in any year, the corporation license tax for the remaining portion of said year shall be 50% of the tax imposed as provided for under this Act for the entire year. Section 7. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 27, 1953. INCOME TAXESINTEREST ON OVERDUE PAYMENTS. Code 92-3305 Amended. No. 332 (House Bill No. 167). An Act to amend Section 92-3305 of the Code of Georgia of 1933, as amended, and particularly as amended by Section 8 of an Act of the General Assembly (Ga. Laws 1952, p. 405), which provided for an interest rate of six (6) per centum per annum in case of non-payment, so as to provide that the interest on any assessments made, any fi. fas. issued, or any indebtedness incurred or existing for taxes imposed by the Income Tax Act shall bear interest at the rate of six (6) per centum per annum; to provide for an effective date; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of the same: Section 1. That Section 92-3305 of the Code of Georgia of 1933, as amended, and particularly as amended by Section 8 of an Act of the Genral Assembly (Ga. Laws 1952, p. 405), which provided for an interest rate of six (6) per centum per annum in case of non-payment, be further amended by adding the following language to said section: Code 92-3305 amended. Provided, however, the interest rate of any assessments made, on any fi. fas. issued, or any indebtedness incurred or existing for taxes imposed by this Act shall bear interest at the rate of six (6) per centum per annum. Section 2. That the provisions of this Act shall be effective on and after the approval date of said Act. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 27, 1953. FOREIGN CORPORATION LICENSE TAXES. No. 333 (House Bill No. 541). An Act to amend Section 2, Paragraph 44 of the General Tax Act of 1935 (Ga. Laws 1935, p. 11, 28), which provides for a tax on foreign corporations, in addition to all other taxes now required by law, for the privilege of carrying on business within this State, so as to provide a new scale of taxation which shall be the same amounts that domestic corporations and domesticated foreign corporations are required to pay under an amendment to the General Tax Act, approved February 15, 1952 (Ga. Laws 1952, p. 371); to provide an effective date; 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 Section 2, Paragraph 44 of the General Tax Act of 1935 (Ga. Laws 1935, p. 11, 28), providing a scale of taxation for foreign corporations, be amended by striking said scale of taxation provided therein and inserting in lieu thereof the following scale, which is the same that domestic corporations and domesticated foreign corporations are required to pay under an amendment to the General Tax Act, approved February 15, 1952 (Ga. Laws 1952, p. 371): Corporation With Net Worth Including Issued Capital Stock, Paid-In Surplus And Earned Surplus Amount of Tax Not exceeding $ 10,000 $ 10.00 Over $ 10,000 and not exceeding 25,000 20.00 Over 25,000 and not exceeding 40,000 40.00 Over 40,000 and not exceeding 60,000 60.00 Over 60,000 and not exceeding 80,000 75.00 Over 80,000 and not exceeding 100,000 100.00 Over 100,000 and not exceeding 150,000 125.00 Over 150,000 and not exceeding 200,000 150.00 Over 200,000 and not exceeding 300,000 200.00 Over 300,000 and not exceeding 500,000 250.00 Over 500,000 and not exceeding 750,000 300.00 Over 750,000 and not exceeding 1,000,000 500.00 Over 1,000,000 and not exceeding 2,000,000 750.00 Over 2,000,000 and not exceeding 4,000,000 1,000.00 Over 4,000,000 and not exceeding 6,000,000 1,250.00 Over 6,000,000 and not exceeding 8,000,000 1,500.00 Over 8,000,000 and not exceeding 10,000,000 1,750.00 Over 10,000,000 and not exceeding 12,000,000 2,000.00 Over 12,000,000 and not exceeding 14,000,000 2,500.00 Over 14,000,000 and not exceeding 16,000,000 3,000.00 Over 16,000,000 and not exceeding 18,000,000 3,500.00 Over 18,000,000 and not exceeding 20,000,000 4,000.00 Over 20,000,000 and not exceeding 22,000,000 4,500.00 Over 22,000,000 and not exceeding 5,000.00

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Section 2. That the provisions of this Act shall become effective on January 1, 1954. Section 3. That all laws and parts of laws in conflict with this Act be and the same ar hereby repealed. Approved February 27, 1953. INCOME TAXESEXEMPTIONS ALLOWED TRUSTS AND ESTATES. Code 92-3106 (h) Amended. No. 334 (House Bill No. 542). An Act to amend Section 92-3106 (h) of the Code of Georgia of 1933, as amended, which provides for the amount of exemptions allowed trusts and estates, to provide for exemptions for trusts and estates; to change the existing provisions of the Code with respect thereto; to provide for an effective date; 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 92-3106 (h) of the Code of Georgia of 1933, as amended, be amended by repealing said Section 92-3106 (h) in its present form and substituting in lieu thereof a new section to be designated as Section 92-3106 (h), which shall read as follows: Code 92-3106 (h) amended. (h) The net income of an estate or trust shall be computed in the same manner and on the same basis as in the case of an individual, except that an exemption of $1,000.00 shall be allowed to an estate and a trust shall be allowed an exemption of $100.00. Section 2. Be it further enacted by the authority aforesaid that the foregoing provisions shall apply to

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and be in full force and effect for all taxable years ending on and after the passage of this Act. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 27, 1953. BAKER COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 30 (Senate Resolution No. 20). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the division of Baker County into school districts; to provide 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 submission of this amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Upon the approval of this Resolution in the manner hereinafter provided, Article VIII, Section V, Paragraph I, of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph which shall read as follows: The members of the County Board of Education of Baker County shall be elected by the people at the same time and for the same term that other county officers of Baker County are elected, and shall hold

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their offices until their successors are elected and qualified. The County of Baker shall be, and the same is hereby, divided into five school districts to be known and comprised as follows: The First School District to be composed of the 971st or Newton District, which district shall also include the Hardup District; the Second School District to be composed of the 957th or Milford District; the Third School District to be composed of the 1183rd or Haggards Mills District; the Fourth School District to be composed of the 1722nd or Elmodel District; and the Fifth School District to be composed of the 1680th or Anna 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 Baker County to issue a call for an election to be held not less than twenty nor more than thirty days thereafter, for the purpose of electing by the qualified voters in each school district a member of the county board of education from that district. Should a vacancy occur in the office of any member, the ordinary shall, within twenty days, issue a call for a special election to be held not less than twenty nor more than thirty days thereafter for a successor to be elected by the registered and qualified voters of the district. The five-member county board of education shall have the same powers and duties as the present board and shall elect its own chairman. To be eligible to hold office as a member of the County Board of Education of Baker County, a person shall be of good moral character, have at least a fair knowledge of the elementary branch of the English education, be favorable to the common school system, and be qualified to vote for Members of the General Assembly. County board; districts; election, etc. Section 2. 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

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branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors, as provided for in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the election by districts of members of the County Board of Education of Baker County. Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the election by districts of members of the County Board of Education of Baker County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for Members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

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SALES TAX ACT AMENDED. No. 335 (House Bill No. 562). An Act to amend Section 3 (c) 2 of an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for what shall not be included within the meaning of the terms of sale at retail, use, storage, and consumption, so as to provide sales, transfers or exchanges of tangible personal property made as a result of a business reorganization, provided the owner, owners, partners or stockholders maintain the same proportionate interest or share in the newly formed business organization; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 3 (c) 2 of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, p. 360), which section provides for what shall not be included within the meaning of the terms sale at retail, use, storage, and consumption, be amended by adding a new sub-section, to be designated sub-section (h), to read as follows: Sec. 3 (c) 2 amended. (h) The taxes levied by this Act shall not apply to sales, transfers or exchanges of tangible personal property made as a result of a business reorganization provided the owner, owners, partners or stockholders of the business being reorganized maintain the same proportionate interest or share in the newly formed business reorganization. Exception. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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Approved February 28, 1953. STATE TOLL BRIDGE AUTHORITY ACT. No. 336 (Senate Bill No. 1). An Act to create the State Toll Bridge Authority, to authorize the Authority to acquire, by condemnation or purchase, rights of way and other property and to construct thereon, self-liquidating projects embracing bridges and the approaches thereto as defined in this Act, such projects to be operated, maintained and repaired by the Authority; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority; to authorize and empower the Governor to convey state rights of way for such projects; to authorize the Governor, the State Highway Board and the Authority to initiate such projects; to authorize the issuance of revenue bonds of the Authority payable from the revenue, tolls and earnings of the Authority; to pay the cost of such projects and authorize the collection and pledging of revenues and other charges for the payment of such bonds and for the cost of maintaining, operating and reporting of projects; to authorize the execution of trust indentures to secure the payment of such bonds, and to define the rights of the holders of such bonds, to provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; to make bonds of the Authority legal investments and also exempt from taxation and to make its income and property exempt from taxation; to authorize the issuance of revenue refunding bonds; to provide for the venue or jurisdiction of actions relating to any provisions of the Act, and to provide that such bonds be validated; to provide for the cessation of tolls upon liquidation of the projects; to provide that payment may be made by the State Highway Department for preliminary engineering, traffic studies, plans and specifications, supervision, and reports

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out of available funds which may be reimbursed out of proceeds from the sale of revenue bonds, providing for the severability of the provisions of this Act; providing for the repeal of all laws and parts of laws in conflict with this Act; and for other purposes. Whereas, it is necessary to provide additional bridges of durable and lasting construction within the Highway System of the State and to replace many substandard and worn-out bridges within the Highway System of the State which are hazards to traffic, and Whereas, it is advisable to authorize the construction of some of these bridges without creating any debt of the State, by the issuance of revenue bonds of the Authority, secured by the revenues to be received from tolls. Be it, therefore, enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Short title . This may be cited as the State Toll Bridge Authority Act. Section 2. State Toll Bridge Authority . There is hereby created a body corporate and politic to be known as the State Toll Bridge Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of three members who shall be appointed by the Governor in such manner that the term of one member shall expire July 1, 1955, and the terms of the other two members shall expire July 1, 1957, and July 1, 1959. Their successors shall be appointed for terms of six years from the date of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired time. Immediately after such appointment, the members of the

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Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and another as vice-chairman, and a secretary and treasurer, who need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority, at every meeting and in every instance a majority vote shall authorize any legal act of the Authority, including all things necessary to authorize and issue bonds. The members of the Authority shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. The Authority shall have a perpetual existence. State Toll Bridge Authority. The members of the Authority shall be accountable in all respects as trustees, the Authority shall keep suitable books and records of all its obligations, contracts and transactions, all income and receipts of every nature and all expenditures of every kind and shall submit such books, together with a statement of the Authority's financial position, to the State Auditor for such audit and inspection as the State Auditor may deem wise, once a year on or about the close of the State's fiscal year. Section 3. Definitions . As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the State Toll Bridge Authority created by Section 2 of this Act. (b) The word project shall be deemed to mean and include one or more bridges (as defined in Subparagraph (c) of this section) together with the approaches (as defined in Subparagraph (d) of this section) thereto. Definitions. (c) The word bridge shall be deemed to mean a structure erected in order to afford unrestricted vehicular

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passage over or under obstructions in the public highways of the State, or between the State and any neighboring State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroad, public highways and canals. (d) The word approach shall be deemed to mean not more than five miles of the traffic artery on either end of the bridge and within that limit shall mean so much of the traffic arteries on either end of the bridge as shall be required to develop the maximum traffic capacity of the bridge, including necessary grading, paving, minor drainage structure and other construction necessary to the approach. (e) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery, and equipment necessary for the operation of the project, financing charges, interest prior to and during construction and for such a period of time after completion of construction as shall be deemed necessary to admit of the earnings of the project being sufficient to meet the requirements of the bond issue, cost of engineering and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility, or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (f) The term revenue bonds issued pursuant to this Act shall mean revenue obligations as defined in the State Constitution. (g) Any project or combination of projects shall be deemed self-liquidating if, in the judgment of the

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Authority, the revenues and earnings to be derived by the Authority therefrom shall be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. Section 4. Powers . The Authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provision of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full. Powers. (4) To appoint such additional officers, who need not be members of the Authority as the Authority deems advisable, and to employ such experts, employees and

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agents as may be, in its judgment, necessary; to fix their compensation and to promote and discharge such officers, employees and agents. Provided that over any four year period the total compensation paid under this power shall never exceed an average of $25,000 per annum. (5) To make such contracts, leases, or conveyances as the legitimate and necessary purposes of this Act shall require, including contracts for construction of projects; provided that all contracts for the construction of projects shall be let by public competitive bid upon plans and specifications approved by the State Highway Department or its successors in office. (6) To construct, erect, acquire, own, repair, maintain, add to, extend, improve, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority. (7) To accept, with the approval of the Governor, 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, upon such terms and conditions as the United States of America or such agency or instrumentality thereof shall impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (10) To covenant with bond holders for the preparation of annual budgets for each project and for approval

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thereof by engineers or other representatives designated by the bondholders of each project as may be provided for in any bond issue resolutions or trust indentures and to convenant for the employment of experts or traffic engineers approved by the bondholders. (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Incidental Powers. (1) In addition to the foregoing powers the Authority and its authorized agents and employees may enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this Act, and such entry shall not be deemed a trespass. The Authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities. Incidental powers. (2) The Authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility in, on, over or under any project. Section 6. The Governor of the State, in his discretion, or upon the recommendation of the State Highway Board, is authorized and empowered to call a joint meeting of the Authority and the State Highway Board for the purpose of initiating all projects which may be considered under the authority of this Act. Upon the concurrence of the Governor a majority of the State Highway Board and the Authority the State Highway Board and/ or the Authority is authorized and empowered to commence the study of any given project or projects and provide for their construction. An appropriate resolution of such joint meeting shall provide for divisions of duties and responsibilities in connection with such studies as between the Authority and the Highway

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Board. In keeping with such resolution or resolutions the Authority and/ or the Highway Board are authorized in the performance of their assigned duties, to expend from any sums available such sums as may be necessary for the survey and study and completion of any project or projects, such expenditures may include those necessary for all traffic surveys, expert studies, and all other expense reasonably necessary in establishing the feasibility of any given project, and in the execution of all plans, specifications and all other things necessary for revenue bond financing and construction, including all supervision of every kind required in its completion. If such expenditures, or any part of them, shall be undertaken by the State Highway Board that board shall keep proper records which shall reflect the amounts spent on each and every project studies. Upon completion of any given project or projects financed by any given revenue bond issue, so long as there shall be funds available in the hands of the Authority from the issue of revenue bonds to finance such project or projects, the board may demand the reimbursement of such expenditure; however, if not reimbursed, said expenditures shall be legitimate expenses of operation of State Highway Board. The Authority, upon the completion and/or receipt of such studies and/or plans and specifications and/or other aids shall proceed, if such project or projects be possible, to finance, acquire rights of way, construct, and operate such projects pursuant to its purposes, powers and duties. Cooperation with State Highway Board. Section 7. Power to Convey Highway Rights of Way. It is found, determined, and declared that the welfare of the State of Georgia will be served by the creation and operation of this Authority, and, that, to the end of accomplishing the purposes of the Authority, the power and authority to convey for and on behalf of the State so much of the State's highway rights of way as shall be necessary to the accomplishment of the purposes of this Act, is hereby by authority of the sovereign legislature of the State, delegated to the Governor of the State. In the exercise of this power and authority, the Governor of the State is requested to execute such conveyances

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as shall be made under this authority upon payment to the State Treasurer of such consideration as a committee composed of the Governor, the Attorney-General and the State Auditor shall determine to be meet and proper for each such individual rights of way so conveyed; provided, that no such conveyance shall be executed until such time as it be reasonably apparent that the Authority will be able to accomplish the financing, construction, and operation of the project or projects for which such conveyances are required; and provided further, in the event of the inability of the Authority to issue and/or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the State of Georgia. Power to convey highway rights of way. Section 8. Exercise of Toll Powers . For the purposes of earning sufficient revenues to make possible the financing of the construction of the projects of the Authority with revenue bonds, the Authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed. It is hereby found, determined, and declared that the necessities of revenue bond financing are such that the Authority's toll earnings on any given project or projects must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with the monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the Authority, and subject to the provisions of all bond resolutions, trust indentures, and all other contractual obligations of the Authority, the Authority is charged with the duty of the operation of each project at the most reasonable possible level of toll charges; and furthermore, the Authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project. It being understood that daily users shall be accorded the lowest rate compatible with bare coverage of the revenue requirements

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of any project. In the exercise of the Authority's toll powers, the Authority is authorized to exercise so much of the police power of the State as shall be necessary to maintain the peace and accomplish the orderly handling of traffic on all projects operated by the Authority, and the Authority shall prescribe such rules and regulations for the method of taking tolls, employment and conduct of toll takers and other operating employees as the Authority may in its discretion employ. Exercise of toll powers. Section 9. Cessation of Tolls; Conveyance to State . When each and all of the bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently either primarily or secondarily, directly or indirectly, or otherwise, have been paid in full, or a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of such bondholders or other obligees, such project or projects, if then in good condition and repair in the judgment of the State Highway Department, shall become part of the State highway system and shall thereafter be maintained by the State Highway Department free of tolls; provided, that in the event such project or projects shall not be in good condition in the judgment of the State Highway Department the State Highway Department shall be charged with the duty of immediately advising the Authority in writing what shall be necessary to accomplish such good condition and repair, and the Authority shall thereafter apply all free revenue from such project or projects to the accomplishment of such good condition and repair, and, upon its accomplishment, such project or projects shall become toll free as provided above; and provided further, that upon the fulfillment of all conditions necessary to the cessation of tolls upon any given project the Authority shall convey all right, title, and interest in and to such project to the State, for and in consideration of one dollar, which the Governor of the State is hereby authorized to pay

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from any State funds available to him for any State expenditure. Cessation of tolls; conveyance to State. Section 10. Authority Fund . All revenue in excess of all obligations of the Authority of any nature, together with all unused receipts and gifts, of every kind and nature whatsoever, shall be and become the Authority fund. The Authority, in its discretion, is charged with the duty of pledging, utilizing, or expending the Authority fund for the following purposes: (1) Pledges to the payment of any revenue bond issue requirements, sinking or reserve funds, as may be provided for under Section 24 hereof. (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses. (3) The construction of all or any part of projects, the need for which is concurred in by the Governor and the Highway Board. (4) The most advantageous obtainable redemptions and retirements of the Authority's bonds pursuant to the prepayment redemption privileges accorded to the Authority upon the various issues of bonds outstanding. (5) The most advantageous open market purchase of the Authority's bonds that the Authority may accomplish. (6) Investment at the highest interest rate obtainable in U. S. Government securities of guaranteed convertibility or maturities not in excess of 5 years; provided, that all funds so invested and all earnings of such funds shall always be available to, and ultimately expended for the other purposes of this section. Authority fund. Section 11. Rules and Regulations for Operation of Project . It shall be the duty of the Authority to prescribe rules and regulations as approved by the State Highway Department for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of such project. Rules and regulations. Section 12. Revenue Bonds . The Authority shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the

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purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from, and may be secured by, a pledge of tolls and other revenues of all or any part of the project financed in whole or in part with the proceeds of such issue with the proceeds of bonds refunded or to be refunded by such issue. The bonds of each issue shall be dated, shall bear interest as provided for in Section 13 hereof, shall mature not later than 40 years from the date of issue, shall be payable in such media of payments as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Revenue bonds. Section 13. Sale Price and Interest Rate . All bonds of the Authority shall be sold by public competitive bidding at not less than par plus accrued interest to the date of delivery; provided, however, the Authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the date of sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchaser or purchasers of such bonds. All bonds of the Authority offered by public competitive bidding shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder; provided, on any issue the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided, and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bonds; provided, further the highest rate paid on any division of any issue of such bonds shall never exceed the legal limit of the State; and provided further the Authority may require reasonable security for the performance of the

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contract of purchase of any successful bidder at any public competitive bidding held. Sale price and interest rate. Section 14. Same: Form: Denominations: Registration: Place of Payment . The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Form, denomination, registration, place of payment. Section 15. Same: Signature: Seal . In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as to the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Signature, seal. Section 16. Same: Negotiability: Exemption from Taxation . All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such

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bonds and the income thereof shall be exempt from all taxation within the State. Negotiability, exemption from taxation. Section 17. Same: Proceeds of Bonds: The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects, and shall be disbursed upon requisition or order of the Chairman of the Authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture may provide. If the proceeds of such bonds by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds. Proceeds. Section 18. Same: Interim Receipts and Certificates or Temporary Bonds . Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Interim receipts, etc. Section 19. Same: Replacement of Lost or Mutilated Bonds . The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Lost or mutilated bonds. Section 20. Conditions Precedent to Issuance: Object of Issuance . Resolutions for the issuance of such revenue bonds may be adopted without any other proceedings

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or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one location or any number of locations. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Conditions precedent to issuance, object of issuance. Section 21. Credit of State not Pledged . Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable from the project revenues and funds of the Authority as provided for in the resolutions or trust indentures authorizing or securing such bond issues and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment thereof and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Credit of state not pledged. Section 22. Same: Security . In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign toll, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholder, including the right of the appointment of a receiver upon default in the payment of any principal or interest obligation and

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the right of any receiver or indenture trustee to enforce collection of tolls, revenues, or other charges for the use of the project or projects necessary to pay all costs of operation, all reserves provided for, the principal and interest on all bonds in the given issue, all cost of collection, and all other costs reasonably necessary to accomplish the collection of such sums, in the event of any default of the Authority. Such resolutions or trust indentures may include covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, and the custody, safeguarding and application of all monies, the operation and maintenance of the project or projects, and may also provide that any project shall be constructed and paid for under the supervision of State Highway Department engineers or others satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Security. Section 23. Same: To Whom Proceeds of Bonds Shall Be Paid . The Authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of

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the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. To whom proceeds paid. Section 24. Same: Pledges of Revenue, Sinking Funds. The revenues, tolls, and earnings derived from any particular project or projects and all or any part of the revenues, tolls, and earnings received by the Authority, regardless of whether or not such tolls, earnings and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged or allocated, may be pledged by the Authority to the payment of the principal and interest obligations of any revenue bond issues of the Authority. All funds so pledged, from whatever source received, which may include funds received from one or more or all sources of the Authority's income, shall be set aside at regular intervals, as may be provided in the resolutions or trust indentures, into sinking funds which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as shall fall due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium required upon bonds retired by call or purchase as may be provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolutions authorizing the issuance of the revenue bonds or in the trust indentures, but, except as may otherwise be provided in such resolutions or trust indentures, such sinking funds, individually, shall be funds for the benefit of all revenue bonds of the given issue for which they are created without distinction or priority of one over another. Subject to the provisions of the resolution or trust indenture of any given bond issue, any monies in such sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the Authority fund provided for in Section 10 hereof. Pledges of revenue, sinking funds.

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Section 25. Same: Remedies of Bondholders. Any holders of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, any duly appointed receiver thereof and any indenture trustee for bondholders, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indentures, any may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collection or revenues, tolls, and other charges for the use of the project or projects. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon any property of the State. Remedies of bondholders. Section 26. Same: Refunding Bonds. The Authority is hereby authorized subject to the provisions of any prior resolution or trust indenture to provide by resolution for the issuance of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable. Refunding bonds. Section 27. Same: Bonds as Legal Investments: Security for Deposit. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal

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subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Legal investments. Section 28. Same: Exemption from Taxation: Covenant of State. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervisions or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Exemption from taxation. Section 29. Same: Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act, brought in the courts of the State of Georgia

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shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall be brought in said court which shall have exclusive, original jurisdiction of such actions. Venue of actions. Section 30. Same: Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Code of Georgia Section 87-8. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, and against the Authority issuing the same. Validation. Section 31. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way compete with the Authority. The State covenants with holders of bonds issued pursuant to this Act not to erect or permit, or suffer any State subdivision to permit, the erection of any bridge, tunnel, or other crossing within ten miles of any project constructed pursuant to this Act; provided, that should it be determined by the State Highway Board and the Authority that the construction of such bridge, tunnel or crossing would not diminish or adversely affect traffic over such projects, then it shall be permissible to erect such bridge, tunnel or other crossing. The provisions of this Act shall be for the benefit of the State, the Authority, and each and every holder of the Authority's bonds, and upon and after the issuance of bonds under the provisions of this Act shall constitute an irrevocable contract with the holders of such bonds. Interest of boldholders. Section 32. Monies Held as Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, or as revenues, tolls and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this

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Act, and the bond holders paying or entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indenture of the Authority. Trust funds. Section 33. Revenues, Tolls and Earnings Use. The Authority is hereby authorized to fix, revise, charge and collect tolls, for the use of each project. Such tolls shall be so fixed and adjusted as to carrying out and perform the terms and provisions of any resolutions, trust indenture or contract with or for the benefit of bondholders, such tolls shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the State. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust indenture securing the same, if any there be. Revenues, tolls and earnings. Section 34. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 35. Liberal Construction of Act. This Act being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 36. Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 37. Anything else in this Act notwithstanding the Authority shall have no power or authority to acquire, nor to collect tolls on any existing bridge or any bridge constructed by the State Highway Board or any county or municipality, and originally free from tolls.

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Section 38. Repealing Clause. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 2, 1953. EMPLOYEES' RETIREMENT SYSTEM. No. 343 (Senate Bill No. 45). An Act to amend an Act entitled, An Act to establish an employees' retirement system, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 416), as amended by an Act approved February 20, 1951 (Ga. Laws 1951, p. 394), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 175), so as to authorize the establishment and maintaining of survivors benefits for contributing members of the retirement system; to set forth conditions of eligibility; to provide for the establishment and management of a survivors benefit fund; to provide for contributions under this section and the administration thereof; to stipulate certain required rules and regulations; to provide for time when survivors benefits become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That an Act to establish an employees' retirement system approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 416), as amended by an Act approved February 20, 1951 (Ga. Laws 1951, p. 394), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 175), is hereby amended by adding a new section to be known as Section 17 and to read as follows, to wit:

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Section 17. (1) Based on provisions set forth in Section 6, Subsection (15) of this Act, as amended, the board of trustees may adopt, within the operations of the retirement system, such tables and rates, including rules and regulations, not in conflict with the provisions of this Section 17. (2) Eligibilty for survivors benefits shall be established under the following conditions: Survivors benefits. (a) Any employee who on July 1, 1953, has not at that time attained age 56 and who is then a contributing member of the employees' retirement system, shall be eligible for survivors benefits as adopted in the plan of operation. (b) Any employee who on July 1, 1953, has then attained age 56 or above, and is a contributing member of this system shall be eligible for survivors benefits but only on an adjusted actuarial basis and provided he was in State employment on January 1, 1953. (c) Any person who was in State employment on January 1, 1953, and was not then eligible for membership, but later, without break in service, becomes a contributing member of the system shall be eligible for survivors benefits applicable at his then attained age. (d) No person employed or re-employed after January 1, 1953, and no person transferring to this system who has attained age 56 or does attain age 56 prior to first, and/or again becoming a contributing member of the system shall be eligible for survivors benefits. (3) Notwithstanding the provisions relative to the establishment of certain funds and to the crediting of regular interest to the various funds as set forth in Section 8 of this Act, and the provisions of Section Eleven relative to obligations of the pension accumulation fund, there shall be established an additional fund to be known as the survivors benefit fund to be administered in the following manner: Survivors benefit fund.

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(a) There shall be accumulated in this fund the additional contributions deducted from the earnable compensation of members covered for survivors benefits, together with payments made to the fund by employers, including interest earned on deposits and investments of such funds. (b) All assets of the survivors benefit fund and all income, interest and dividends derived from deposits and investments, shall be used for the payments of benefits and expenses necessary for the maintaining of the plan of coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund. (4) Contributions for survivors benefits shall be provided for and administered in the following manner: Contributions. (a) On each and every payroll period, after notice from the board of trustees, each employer shall cause to be deducted from the earnable compensation of each member the additional amount established by the board of trustees but not to exceed one-half of one per centum of the member's earnable compensation. Such deductions shall be made under the same conditions as set forth in Section 8, Subsection (1) (b) of this Act, as amended, and except for those that exercised their rights in declining coverage, and those not eligible for survivors benefits, said amount shall be the member's payment for the coverage. (b) Any member exercising his privilege of declining survivors benefit coverage or any member not eligible for survivors benefits shall have the additional contributions provided for in this section credited to his annuity savings account to be used to purchase an additional annuity at retirement under conditions as set forth in Subsection (1) (c) of Section 8, of this Act. (c) There is hereby authorized an employer payment to the fund which shall be a per centum of the earnable compensation of the members of the retirement system.

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The Board of Trustees shall establish the rate of such payment, but the per centum shall in no case exceed that established as additional contributions for the members. Funds for employer payment shall be requested in the same manner as provided in Section 8, Subsection (6) of this Act, as amended. (5) The board of trustees may adopt or rescind any rules or regulations not in conflict with this section which it deems necessary in the establishment and maintaining the plan of operation, including benefit tables and other provisions of coverage. Such rules and regulations shall include the following: Rules and regulations. (a) A member's payment for coverage shall vest in him no rights other than for the period for which he has paid his additional contributions into the survivors benefit fund. (b) A notice by the board of trustees through the department heads to the membership that the additional contributions provided for in this section will in the future be credited to the individual member's annuity savings account under conditions set forth in Section 8 (c) (1) shall within itself suspend any and all survivors benefit coverage then in effect. Provided such action on the part of the board shall be applicable to all members alike simultaneous and without prejudice to any survivors benefits pending in the case of a then deceased member. (c) Subsequent to any notice released under Paragraph (b) of this subsection, any additional notice made in the same manner and within twelve months of the original notice to the effect that coverage is again available, shall re-establish survivors benefits to those formerly covered and to all new members that are otherwise eligible, except that within 30 days from the date of such notice any member may decline benefits under this section. (d) If within a period of twelve months after release

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of any notice provided for in Paragraph (b) of this subsection the board of trustees has not released a subsequent notice under provisions of Paragraph (c) of this subsection, then all provisions of this Section 17 shall be null and void and additional contributions provided for herein shall cease. (6) The board of trustees may determine the date on which the plan shall be placed into operation, said date however, shall not be prior to July 1, 1953. The board shall notify all employers and the employers shall notify the members that additional contributions will commence on the determined date, thereupon the provisions of this Act with reference to such contributions and coverage shall go into effect. Effective date. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. EMPLOYMENT SECURITY ACT AMENDED. Code 54-622, 54-604, 54-609, 54-622 Amended. No. 345 (Senate Bill No. 59). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq.), as amended (now Employment Security Law), by providing for special computation dates for possible tax reduction for employers immediately upon their reaching the three-year employment experience requirement; by modifying and liberalizing the benefit tables so as to change the weekly benefit amount, qualifications and eligibility for benefits; by providing for emergency war-risk rates; and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia and it is hereby enacted by authority of the same that: Section 1. The Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. Laws 1937, pp. 806, et seq), as amended (now the Employment Security Law), be, and the same is hereby amended in the following respects, namely: Section 2. By inserting in Section 7 (c) (7) (iv), (Ga. Ann. Code 54-622), in the first sentence after the semicolon following the word thereafter and immediately before the word Provided, the following, to wit: Code 54-622 amended. Except a special computation date is established for each employer (and a rate shall be determined on the basis of his record) on the last day of the fourteenth calendar quarter beginning with the quarter in which the effective date of liability occurs and during which period his account could have been chargeable with benefits throughout thirty-six consecutive calendar months, the rate thus determined becoming effective on the first day of the immediately following quarter (fifteenth quarter) and continuing in effect until the end of the calendar year, provided that whenever an employer has been assigned a rate computed as of September 30 of any calendar year the Commissioner shall compute a rate for such employer for the following year as of December 31 based upon such employer's experience through such December 31. Section 3. By striking Paragraph (b) of Section 3 (Ga. Ann. Code 54-604) and inserting, in lieu thereof, the following, to wit: Code 54-604 amended. (b) Weekly Benefit Amount.An individual's weekly benefit amount shall be computed by the table appearing in this subsection, as follows. If the total insured wages paid an individual during his base period equals or exceeds the amount shown in Column C of the table on the same line in which appears in Column A the total insured wages paid such individual in that quarter of

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his base period in which such total wages were highest, his weekly benefit amount shall be the amount shown in Column B on that same line; Provided, however, if his total base period wages are less than the amount appearing in Column C on the line on which the highest quarter wages appear in Column A but such base period wages equal or exceed the amount shown in Column C on the first or second line immediately above, the individual's weekly benefit amount shall be the larger weekly benefit amount for which he has sufficient qualifying wages in the base period on such first or second line. Weekly benefit amount. COLUMN A COLUMN B COLUMN C COLUMN D 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 19 798.00 380.00 475.00 499.99 20 850.00 400.00 500.00 524.99 21 903.00 420.00 525.00 549.99 22 957.00 440.00 550.00 574.99 23 1,012.00 460.00 575.00 599.99 24 1,068.00 480.00 600.00 624.99 25 1,125.00 500.00 625.00 and over 26 1,183.00 520.00

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The foregoing benefit table shall be effective with benefit years beginning April 1, 1953, and thereafter. Provided, however, that benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment, or other premises at which he is, or was last, employed, even though the stoppage of work shall have ceased and said operations have been resumed. Section 4. By striking Paragraph (e) of Section 4 (Ga. Ann. Code 54-609) and substituting, in lieu thereof, the following, to wit: Code 54-609 amended. (e) He has been paid sufficient wages for insured work to qualify for a weekly benefit amount as provided in Section 3(b). Section 5. By striking Subsection (k) of Section 7 (c) (6) (i)Emergency War-Risk Rates(Ga. Ann. Code 54-622) in its entirety and inserting, in lieu thereof, the following, to wit: Code 54-622 amended. (K) Provided, however, that for the calendar years 1953, 1954, and 1955, an employer's contribution rate shall be 2.7 per centum of that part of the taxable wages paid by him during each such calendar year which is in excess of 300 per centum of his total taxable payroll for the calendar year 1950 plus that of his predecessor, if any, or in excess of $300,000, whichever is greater. Provided further that an employer who did not have a taxable payroll during the calendar year ending December 31, 1950, and is not a successor to one who had such payroll, but who shall be otherwise entitled to a reduced contribution rate under the terms of Section 7 (c) of this Act shall have a contribution rate of 2.7 per centum on that portion of the taxable wages paid by him which exceeds a total of $300,000 during each of the calendar years 1953, 1954, and 1955. Section 6. Except as otherwise provided in the context hereof, this Act shall be effective on the first day immediately following its passage.

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Section 7. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1953. CASH APPEARANCE BONDS IN TRAFFIC CASES. No. 348 (Senate Bill No. 74). An Act to authorize any sheriff or his lawful agent or deputy, or any other county officer charged with the duty of enforcing the traffic laws of this State, to accept cash bonds from persons charged with violations of said laws, when so authorized by the judge having jurisdiction of such offenses when the same shall occur outside the corporate limits of any municipality of this State; to empower such judges to grant and dissolve orders authorizing acceptance of cash bonds in such cases; to prescribe procedure to be employed in such cases; to provide for personal liability and punishment of officers failing to account for bonds so accepted; to provide for the forfeiture of said cash bonds; to provide for settlement and disposal of cases in the event of such forfeiture; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Any sheriff of the State of Georgia, or his lawful agent or deputy, or any other county officer charged with the duty of enforcing the traffic laws of this State who makes an arrest outside of the corporate limits of any municipality of this State for the violation of any traffic law, and has been authorized, as provided herein, by the judge having jurisdiction of such offense, to accept cash bonds, may accept a cash bond for the personal appearance of the person so arrested in lieu of a statutory bond or recognizance. No such officer shall be authorized to accept a cash bond unless he has

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been authorized to receive cash bonds in such cases by an order of the judge having jurisdiction of such offense, which order may be granted or dissolved in the discretion of such judge and which shall be filed with other records of the court over which said judge presides. Cash appearance bonds. Judge's order to authorize. Section 2. When an order is passed as provided in Section 1 of this Act authorizing any officer to accept cash bonds, it shall be the duty of the clerk of such court, if there be one, and if there is no clerk, it shall be the duty of the judge passing such order, to furnish the officer or officers authorized under such order with a book of blank receipts, consecutively numbered in triplicate and readily distinguishable and identifiable, which receipts shall be completed by such officer when making an arrest and accepting a cash bond so as to show the name of the person arrested, date of arrest, nature of the offense, amount of the cash bond given, and the name of the arresting officer. The arresting officer shall deliver a copy of such receipt to the person arrested at the time the cash bond is given and shall file the original receipt together with the cash bond with the clerk, or judge, as the case may be, of the court having jurisdiction of the offense not later than the next succeeding business day of such clerk or judge, following the date of issuance of such receipt. The triplicate copy of said receipt shall be mailed to the director of Department of Public Safety. Receipts. Section 3. All receipts issued to arresting officers and all cash bonds received under the provisions of this Act shall be accounted for by such officers to the court from which said receipts were issued, and in the event that any such officer fails so to account for same, he shall be personally liable for any default and may be punished as for contempt by said court, in addition to any other penalties which may be now or hereafter provided by law in such cases. Contempt, failure to account. Section 4. If any person arrested for a violation of the traffic laws of the State of Georgia gives a cash bond as above provided for his appearance and fails to appear

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at the next regular term of court convening thereafter without legal excuse therefor, then and in that event, in the discretion of the court, said cash bond shall then and there be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the proceeds shall be applied and distributed as any fine would be. However, if the judge shall not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to a subsequent prosecution of the arrested person for such violation. Forfeiture. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. LICENSING OF PRACTICAL NURSES. No. 351 (Senate Bill No. 34). An Act to repeal Section 84-1016 of the Code of Georgia relating to practical nurses; to provide for the licensing of practical nurses; to provide for qualification, examination and fees; to provide for procedures connected therewith; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 84-1016 of the Code of Georgia, which reads as follows: The provisions of this Chapter shall not affect nurses known as practical nurses, not holding themselves out to be either graduate or undergraduate nurses within the meaning of this Chapter, is hereby repealed in its entirety. Code 84-1016 repealed.

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Section 2. No person shall engage in practice as a licensed practical nurse without obtaining a license as hereinafter provided. All applicants for a license to practice as a practical nurse shall make application through the Joint Secretary of the State Examining Boards. An applicant for such license shall submit to the Board of Practical Nurse Examiners of Georgia written evidence, verified by oath, and that the applicant is at least eighteen years of age, is of good moral character, is in good physical and mental health, is a citizen of the United States, has completed at least two years in high school or the equivalent thereof which is satisfactory to the board, and has successfully completed the course of training for practical nurses approved by the board. Application. Section 3. Applicant shall be required to pass an examination, oral, written or practical, or any combination thereof prescribed by the board, and upon successfully passage thereof shall be issued a license to practice as a licensed practical nurse. The fee for such examination shall be ten dollars ($10.00), which shall accompany the application and shall be remitted to the Joint Secretary of the State Examining Boards. Examinations. License. Section 4. Any other provisions of this Act to the contrary notwithstanding, any person who, at any time of the passage and approval of this Act, is engaged in practical nursing, under the supervision of a licensed physician, or registered nurse, or in any hospital or clinic recognized by the Georgia Hospital Association as such and who is at least eighteen years of age, of good moral character and in good physical and mental health, may be licensed as a practical nurse without the necessity of passing an examination, if such person makes application for such license to the Joint Secretary of the State Examining Boards within one year from the date of the passage and approval of this Act and accompanies said application with a fee of ten dollars ($10.00). Present practitioners. Section 5. Any other provisions of this Act to the contrary notwithstanding, the board is hereby authorized to issue a license as practical nurse, without examination,

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to any person who has been duly licensed or registered as a practical nurse or who is entitled to perform similar service under a different title under the laws of another State, Territory, or foreign country, if, in the opinion of the board, the person is qualified to be a licensed practical nurse in this State and if such person makes application for such license through the Joint Secretary of the State Examining Boards, accompany said application with fee of ten dollars ($10.00). License of other States. Section 6. Each licensed practical nurse shall annually, on or before the first day of March, make application for a renewal of license to the Joint Secretary of the State Examining Boards. Such application shall be accompanied by a renewal fee of one dollar ($1.00). It shall be mandatory upon the board to revoke the license of any person failing to obtain such renewal. Upon the payment of the renewal fee, however, any person's license which has been revoked for failure to obtain renewal shall be automatically reinstated. Renewal. Section 7. Any person issued a license shall have the right to use the title Licensed Practical Nurse and the abbreviation therefor L.P.N. No other person shall use the title or such abbreviations or any other words, letters, signs, figures, or the abbreviations thereof to indicate that the person is a licensed practical nurse. Any person so doing shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Use of title. Violation. Section 8. A practical nurse is a person who has had study and supervised experience in an approved school and hospital training program and is thereby trained to care for sub-acute, convalescent and chronic patients in their own homes or in institutions, or who works under the direction of a licensed physician or registered professional nurse. Any hospital with fifteen beds or more may qualify to train practical nurses provided they do not train over one nurse per year for every eight hospital beds. Hospitals giving this training for practical nurses must include in their course a minimum of 210 hours

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class work and 1800 hours practical experience during a period of twelve months. Definition. Training. Section 9. The board may for good cause and after notice and hearing revoke the license of any person licensed under this Act. Revocation of license. Section 10. Licenses as provided in Section Two and Section Four of this Act may be issued by the Board of Examiners of Practical Nurses of Georgia, upon proper application. Section 11. There is hereby established an Advisory composed of three Registered Professional Nurses, two representatives from the Georgia Hospital Association, one representative from the Medical Association of Georgia, and one representative from the Vocational Education Service of the State Department of Education which committee will serve in an advisory capacity to the Board of Examiners of Practical Nurses of Georgia on matters pertaining to licensing of practical nurses also training and instruction. This committee shall be appointed by the Governor from a list of at least six names submitted from the Registered Professional Nurses Association of Georgia, four from the Georgia Hospital Association, two from the Medical Association of Georgia, two from the State Board of Education. Each member shall serve two years or until his or her successor is appointed. This committee shall have at least two meetings each year with the Board of Examiners of Practical Nurses. The members of said committee shall serve without compensation and shall recommend to the Governor ten practical nurses who shall be registered as practical nurses following the recommendation of the advisory committee from which the Governor shall appoint five to constitute a Board of Examiners of Practical Nurses. The terms of offices shall be two for four years, two for two years, and one for one year. Thereafter, they shall be appointed for four years upon recommendation of the advisory committee established in this Act. These board members shall be paid six dollars ($6.00) per day plus mileage, hotel, and food. The board shall meet at least

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twice each year and may have call meetings upon notice of the Chairman or Joint Secretary of the State Examining Boards. Rules and regulations regarding the training of practical nurses shall be formulated by the advisory committee and the Board of Examinations of Practical Nurses. Advisory committee. Board of examiners. Section 12. The provisions of this Act shall not apply to orderlies, attendants or maids employed in institutions or homes nor sick room attendants nor shall it prohibit gratuitous nursing or nursing or care of the sick with or without compensation when done in connection with the practice of the religious tenets of any church or religious group so long as the person engaging therein does not hold himself or herself out to be a licensed practical nurse. Midwives who register under the provisions of Section 88-1206 of the Code of Georgia are expressly excluded from the provisions of this Act. Persons not included. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. LIVESTOCK DEVELOPMENT AUTHORITY ACT. No. 352 (Senate Bill No. 80). An Act to create the Livestock Development Authority; to authorize the Authority to provide additional security for private loans for the purpose of encouraging stock farming, pasturage improvement and egg production in this State; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority; to authorize the Authority to issue loan insurance certificates; to authorize the Authority to prescribe the requirements of loans and conditions upon which loans are to be insured; to authorize the Authority to issue certificates of the Authority; to pay the cost of administration

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and honor claims of lenders upon loan insurance certificates; to authorize the Authority to collect and pledge revenues for the payment of such claims upon loan insurance certificates; to make the certificates of the Authority tax exempt and negotiable; to define the rights of the holders of the loan insurance certificates and certificates of the Authority; to provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; to fix the venue or jurisdiction of actions relating to any of the provisions of the Acts; to provide for the severability of the provisions of this Act; to provide for the repeal of any laws and parts of laws in conflict of this Act, and for other purposes. Whereas the full potential of the development of stock farming and egg production in the State of Georgia has not been realized because of the inability of farmers to obtain loans for a sufficient period of time to realize the benefit of the loans before they must be repaid, and Whereas the economic security of the State would be strengthened by the development of stock farming and egg production and the use of modern scientific agricultural methods, and Whereas, it is advisable to encourage longer term loans to farmers by furnishing banks and other lending institutions additional security for these loans, and Whereas, it is advisable to authorize the furnishing of such additional security without creating any debt of the State by issuance of loan insurance certificates of the Authority for that purpose. Be it, therefore, enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Short Title . This may be cited as the Livestock Development Authority Act.

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Section 2. Livestock Development Authority . There is hereby created a body corporate and politic to be known as the Livestock Development Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of seven members, one of whom shall be the Commissioner of Agriculture, one of whom shall be the President of the Georgia Bankers Association, one of whom shall be the Director of the Agricultural Extension Service of the University of Georgia. The four remaining members of the Authority, who may but not necessarily need be two businessmen and two farmers, shall be appointed by the Governor in such manner that the term of one member shall expire July 1, 1954, the term of another member shall expire July 1, 1955, the term of another member shall expire July 1, 1956 and the term of the other member shall expire July 1, 1957. Their successors shall be appointed for terms of four years from the date of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Immediately after such appointments the members of Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and another as vice-chairman and a secretary and treasurer who need not necessarily be a member of the Authority. Livestock Development Authority. Four members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the 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 entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have a perpetual existence.

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The members of the Authority shall be accountable in all respects as trustees, the Authority shall keep suitable books and records of all loan insurance certificates issued, all income and receipts of every nature and all expenditures of every kind and shall submit such books together with a statement of the Authority's financial position, to the State Auditor for such audit and inspection as the State Auditor may deem wise, one time a year on or about the close of the State's fiscal year. Section 3. Definitions . As used in this Act, the following words and terms shall have the following meanings: Definitions. (a) The word Authority shall mean the Livestock Development Authority created by Section 2 of this Act (b) The word Livestock development shall be deemed to mean and include 1. The purchase or enlarging of herds of livestock, the purchase of land for and improving of pastures for grazing, the purchase of land for and the construction, enlarging or repairing of barns or other shelter for livestock, and the fencing of pastures. 2. The purchase of chickens for egg production and the purchase of land for and construction and equipping of houses for egg production. 3. The purchase of basic minerals, fertilizer and seed for pasture improvement for livestock. (c) The term livestock shall mean dairy and beef cattle, sheep and swine. (d) The term egg production shall mean the purchase and raising of chickens in order to produce eggs for the market and the construction and equipping of houses therefor and shall not include purchase of construction of facilities and equipment for commercial broiler chicken production.

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(e) The term farm plan shall mean that plan setting forth the nature and extent of a proposed program for livestock development as defined in this Act, the amount and purposes for which the loan is to be made, and such additional information as the Authority may require, which plan shall be on the form prescribed by the Authority, and which plan shall be approved by a board consisting of the county agricultural extension agent and the senior vocational agriculture teacher for the county in which the farm is located. If there is neither an agricultural extension agent or a senior vocational agriculture teacher, or both, the county commissioners shall fill the vacancy or vacancies on said board. Should there be no county commissioners, the grand jury shall fill said vacancy or vacancies. The term of persons appointed to said board shall be three years. (f) The term borrower means any person who lives and resides in the State of Georgia, whether or not he lives on the farm, who applies for or borrows money from any lender under the provisions of this Act. (g) The term lender shall mean any individual, partnership or corporation acting as a lending agency which includes banks, production credit association and any and all other lending agencies making loans under the provisions of this Act, and the guaranty provided by this Act shall be extended to the transferee or holder of the promissory note or notes or other evidences of indebtedness where transferred or assigned, discounted or rediscounted to any holder within or without the State of Georgia. (h) The term loan insurance certificate shall mean the commitment of the Authority to guarantee payment of loans as provided by the terms of this Act. (i) The term insurance fund shall mean the fund maintained by the Authority composed of loan insurance premium payments to the Authority as provided in Subparagraph K of this section.

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(j) The term certificates of the Authority shall mean evidence of indebtedness issued by the Authority. (k) The term loan insurance premium shall mean such sums as shall be paid annually to the Authority for the insurance of each loan, which sums shall be in an amount equal to one per centum per annum of the loan to be insured: Provided that the Authority may adjust the amount of such sums from time to time in keeping with sound actuarial principles. Section 4. Powers . The Authority shall have the powers: (1). To have a seal and alter the same at pleasure. (2). To acquire by purchase, lease or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes. (3) To appoint such additional officers who need not be members of the Authority as the Authority deems advisable and to employ such employees and agents as may be in its judgment necessary. To fix their compensation and to promote and discharge such officers, employees, and agents. Powers. (4) To issue loan insurance certificates to lenders making loans for the purposes and in compliance with the provisions of this Act. (5) To collect or receive funds for and maintain an insurance fund, as provided in Section 6, this Act. (6) To make such expenditures from the insurance fund established as may be necessary to a. Pay the reasonable and necessary expenses incurred in the administration of the Authority. b. Honor claims of lenders upon Loan Insurance Certificates as provided for in this Act.

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(7) To promulgate such reasonable and necessary regulations and requirements regarding procedure for insurance of loans as will effect the purposes of this Act. (8) To issue certificates of the Authority, or to make payments in cash or both to lenders in honoring claims upon loan insurance certificates issued by the Authority pursuant to the provisions of this Act. (9) To receive gifts from the Governor from his discretionary funds. Section 5. Requirements of Loans to be Insured . The Authority may issue a loan insurance certificate as provided for in Section 7 of this Act insuring any loan which shall: a. Be in a principal amount not exceeding the total cost of the livestock development plan; or 90% of the market value of real and personal property securing the loan, as determined by an appraisal by the lender, which appraisal may include the enhanced value which will result from expenditures of the loan; or $15,000.00, whichever shall be the lesser amount. b. Provide for the beginning of repayments not later than 36 months from the date of initial disbursement of said loan and shall provide for the total repayment of all principal and interest not later than 60 months after the initial disbursement. Requirements of loans to be insured. c. Be made for the purposes and the proceeds expended for livestock development as defined in this Act, or for the purpose of refinancing any existing loans so as to enable a borrower to undertake livestock development as defined in Subparagraph B, Section 3, of this Act. d. Be secured by at least a first lien on realty or personal property owned by the borrower or realty or personal property to be acquired with the proceeds of the

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loan insured under the provisions of this Act. e. Bear interest not exceeding five (5%) per centum per annum. Section 6. Conditions Precedent to Insurance of Loans . Upon the approval by the board of the farm plan, which approval shall constitute a commitment on the part of the Authority to insure a loan, made pursuant to such plan conditioned upon performance of requirements herewith set out, unless notice of disapproval is given to the lender by the Authority within 7 days from the date of approval by the board, the lender may proceed to make the loan, using such forms as the Authority may prescribe, and forward them together with a fee of 1% of the principal amount of the loan to be insured, or such other percentage as may be hereafter set, which fee shall be collected from the borrower by the lender, the Authority shall issue a loan insurance certificate, which certificate shall remain in full force and effect throughout the term of the loan; Provided that on or before the anniversary date of the loan each year a sum equal to 1% of the outstanding principal balance of the loan, or such other percentage as may be hereafter set, be collected from the borrower by the lender and paid to the Authority. Conditions precedent to insurance of loans. Section 7. Certificates of Insurance . The Authority shall cause to be issued to any lender a loan insurance certificate on any loan meeting the requirements for insurance as provided in this Act, which certificate of insurance shall provide that in the event of default on the part of a borrower on a loan by reason of the borrower's failure to make payment on the loan of any installment thereof within sixty days of the date due, or if the borrower fails to follow his farm plan and applies any installment of installments of his loan to purposes other than those in his farm plan, as approved by the board, or if the borrower violates any covenants of the security instruments given to secure the loan, or fails in any other manner to comply with the provisions of this Act, the lender, prior to entering a claim to the Authority,

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the lender shall proceed to collect the amount due under the loan. Such procedure shall include the exhausting of all legal or equitable rights and remedies available to him. In the event the proceeds of such collection shall not retire the unpaid principal amount and accrued interest of the loan in default, the lender shall obtain a deficiency judgment for that amount. Upon transfer to the Authority of such deficiency judgment, the Authority shall pay to the lender the amount of unpaid principal and interest accrued on the loan as evidenced by the deficiency judgment in cash, a certificate of the Authority, or a combination of cash and the certificate of the Authority; provided that the amounts so paid shall not be in excess of 30% of the original principal amount of the loan insured. Certificates of insurance. Section 8. Certificates of the Authority . Certificates of the Authority issued to lenders in payments of claims under this Act shall bear interest at the rate of three and one-half percent per annum, shall not exceed the term of eight years and shall have pledged for the payment thereof the insurance fund hereinafter provided. Certificates of the authority. Section 9. Insurance Fund . All receipts of the Authority of any nature including all monies received for insurance of loans shall be deposited periodically, after paying the necessary administrative expenses of the Authority, to an insurance fund, which fund and its earnings are pledged to the benefit of any holder of a certificate of the Authority and for contingent liability to lenders upon loan insurance certificates. Insurance fund. Section 10. Negotiability: Certificate of the Authority : All certificates of the Authority issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Negotiability. Section 11. Same: Credit of State not Pledged . Certificates of the Authority issued under the provisions of this Act shall not be deemed to constitute a debt of the

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State of Georgia or a pledge of the faith and credit of the State, but such certificates of the Authority shall be payable from the fund herein provided for and the issuance of such certificates of the Authority shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment, and all such certificates of the Authority shall contain recitals on their face covering substantially the foregoing provisions of this section. Credit of State. Section 12. Same: Exemption from Taxation: Covenant of State. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the certificates that the certificates of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Exemption from taxation. Section 13. Same: Remedies of Certificate of the Authority Holders: Any holders of certificates of the Authority issued under the provisions of this Act, except to the extent the rights herein given may be restricted by the terms of said certificates may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or in the terms of such certificates. But no holder of any such certificate shall have the right to compel any exercise of the taxing power of the State to pay any such certificate or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such certificate constitute a charge, lien or incumbrance, legal or equitable, upon any property of the State. Remedies of holders. Section 14. Same: Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions

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of this Act shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to any certificates issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive original jurisdiction of such actions. Venue; jurisdiction of actions. Section 15. Same: Replacement of Lost or Mutilated Certificates. The Authority may also provide for the replacement of any certificate which shall become mutilated or be destroyed or lost. Lost or mutilated certificates. Section 16. Monies Received Consideration Trust Funds. All insurance fees received pursuant to the authority of this Act, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Trust funds. Section 17. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 18. Liberal Construction of Act. This Act being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 19. Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 20. Repealing Clause. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 2, 1953.

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PROPERTY IN LAKE LANIER AREA. No. 353 (House Bill No. 183). An Act to authorize any municipalities of the State of Georgia owning property in the area to be covered by Lake Lanier upon the construction of the Buford Dam to contract, sell, lease, and otherwise dispose of said property owned by said municipalities which is subject to condemnation by the United States; to provide that said power shall be in addition to power relating to the disposition of public utility plants or properties now possessed by municipalities under the laws of this State; to repeal conflicting laws; and for other purposes. To be enacted by the General Assembly of Georgia as follows: Section 1. When property, including real estate, lands, personal property, or any other type or kind, owned by municipalities of the State of Georgia, lies or is within the basin of Lake Lanier to be formed by the construction of the Buford Dam and is needed by the United States for the purpose of constructing said dam or lake, and the condemnation of said property is contemplated or authorized, or both, the municipalities of the State of Georgia owning such property lying within said lake or basin area, acting through their duly constituted and elected governing bodies, are authorized to negotiate and contract, to sell, lease, assign, transfer and convey any and all such real estate, lands, personal property, and all other types and kinds of property lying within said lake or basin area to the United States at public or private sale, without advertising as in their judgment they may deem to be for the best interest of said municipalities; and said municipalities are authorized and empowered to execute deeds, notes, contracts, leases, and any and all other types and kinds of instruments or papers necessary to effect said transactions. The powers provided herein shall be in addition to the powers relating to the disposition of public utility plans

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or properties now possessed by municipalities under the laws of the State, but said powers shall apply only to those municipalities owning property lying within the proposed basin of Lake Lanier to be formed by the construction of the Buford Dam. Powers of municipalities to lease, sell, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. EMPLOYEES' RETIREMENT SYSTEMAMENDMENTS. No. 354 (Senate Bill No. 44). An Act to to amend an Act entitled An Act to establish an employees' retirement system, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 416), as amended by an Act approved February 20, 1951 (Ga. Laws 1951, p. 394), as amended by an Act approved February 15, 1952, (Ga. Laws 1952, p. 175), so as to restrict additional credits by reason of transfers; so as to limit the value of prior service for new members to the amount it would have been on July 1, 1953; to require at least five or more years of creditable service before being eligible for retirement; to stipulate basis for disability and other benefits with at least 20, 25 or 30 years of creditable service; to repeal communicable disease benefits now provided in the Act without prejudice to those cases approved to the date of the passage of this Act; for pension purposes to require services within a stipulated period; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. That Section 1, Subsection 23 of an Act entitled An Act to establish an employees' retirement system, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 416), as amended by an Act approved February 20, 1951 (Ga. Laws 1951, p. 394), as amended by an Act approved February 15, 1952, (Ga. Laws 1952, p. 175), is hereby amended by changing the period at the end of the subsection to a comma and adding: Sec. 1 Subsec. 23 amended. Except that in the application of dates as would apply to Section 4, Subsection 3, no date shall be later than July 1, 1953. Section 2. That said Act, as amended is hereby amended by striking in its entirety, Subsection (2) of Section 3, which subsection relates to membership, and inserting in lieu thereof the following subsection, namely: (2) Any person who was an employee during the fiscal year ending June 30, 1949, or becomes an employee prior to January 1, 1950, shall become a member unless prior to January 1, 1950, he files with the board of trustees on a form provided by the board a notice of his election not to be included in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise accrue to him by participating in the system. Such an employee who elects not to become a member may thereafter apply for and be admitted to membership, but without credit for service rendered after July 1, 1949, and prior to the time he becomes a member, and without prior service credit. Election not to participate. Section 3. That said Act, as amended is hereby amended by striking in its entirety, Subsection (1) (a) of Section 5, which subsection relates to service retirement, and inserting in lieu thereof the following subsection, namely: Sec. 5 amended. (1) (a) Any member in service and with five or more years of creditable service may retire on a service retirement

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allowance upon written application to the board of trustees setting forth at what time, not less than thirty days nor more than ninety days, subsequent to the execution and filing thereof, he desires to be retired, provided the member at the time so specified for retirement has attained age sixty or has thirty-five years of creditable service and notwithstanding that during such period of notification he may have separated from service. Section 4. That said Act as amended is hereby amended by adding to Section 5, a new subsection to be known and designated as Section 5 (2) (d) to read as follows: Sec. 5 amended. (2) (d) No individual having elected non-membership shall establish, and no one transferring to the system or anyone having previously become a member shall increase, the pension provided for in Subsection (2) (c) of this section by reason of his employment in or transfer to another State department, and no member shall be eligible for that part of a pension provided for under Subsection (2) (c) of this section unless at least 30 days of his prior service was earned within an 18 month period immediately preceding his date of membership. Section 5. That said Act as amended is hereby amended by striking in their entirety Subsections (4) (b) and (4) (c) of Section 5, which subsections relate to retirement benefits and inserting in lieu thereof the following subsections, namely: Sec. 5 amended. (3) (b) Not less than twenty years service, the service retirement allowance which would have been payable upon service retirement at age sixty had he continued in service to age sixty without further change in compensation. (3) (c) Not less than 25 years service, 75 per centum of, or not less than 30 years service, the service retirement allowance which would have been payable upon service retirement at age sixty-five had he continued in service without further change in compensation.

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Section 6. That Section 5, Subsection (4) (e) of said Act as amended, which subsection relates to communicable disease allowance is hereby amended by changing the period at the end of the subsection to a semi-colon and adding the following: Sec. 5. provided the provisions of this subsection shall expire on the effective date of this amendment without prejudice to any case already approved. Section 7. That said Act as amended is hereby amended by striking in its entirety Subsection (9) of Section 5, which subsection relates to time when service benefits become effective and inserting in lieu thereof the following subsection, namely: Sec. 5. (9) No member shall retire or receive benefits under this retirement system prior to the commencement date, but any person eligible for service retirement, disability or death benefits under Subsection 2, 3 and 4 of this section during the fiscal year ending June 30, 1949, and prior to the commencement date shall be entitled to such said benefits provided by this Act, even though he is not an employee on the commencement date. Such individual shall be presumed to have elected settlement option 2 and named his spouse, if any, as beneficiary, otherwise his estate. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. JUVENILE COURT EMPLOYEES IN CERTAIN COUNTIES. No. 355 (Senate Bill No. 95). An Act to amend an Act establishing juvenile courts and providing the procedure connected therewith, approved

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proved February 19, 1951 (Ga. Laws 1951, p. 291), so as to provide that in counties having a population of less than 50,000, according to the last or any future United States census, the governing authority of the county shall have final approval of all salaries of all personnel except judges provided for in this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing juvenile courts and providing the procedure connected therewith, approved February 19, 1951 (Ga. Laws 1951, p. 291), is hereby amended by adding a new section to be known as Section 6A to read as follows: Act of 1951 amended. Section 6A. Any other provisions of this Act to the contrary notwithstanding, in any county of this State having a population of less than 50,000, according to the last or any future United States census, the board of commissioners of such county, or other governing authority of the county, as the case might be, shall have final approval over the salaries of all personnel, except judges, including, but not limited to, referees, probation officers, clerical help, and employees of detention homes, provided for in this Act, and no person being compensated under the provisions of this Act shall have any right to any salary without the amount thereof being first approved as set out herein. Counties. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953.

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PROPERTY USED AS AIR RAID SHELTER No. 356 (Senate Bill No. 65). An Act to provide that no civil action shall be brought against any owner of real estate or other premises to recover damages for personal injuries or death, or loss, or destruction of personal property by any person seeking shelter upon such premises during an actual or practice attack or raid, when such owner has authorized any civil defense agency of the State or any of its political subdivisions to utilize such premises, without charge, for the sheltering of persons pursuant to the Georgia Civil Defense Act of 1951; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. When any person, firm or corporation owning or controlling any real estate or other premises shall authorize and permit any civil defense agency, board or other authority of this State, or of any political subdivision of this State, to use such premises without charge therefor for the purpose of sheltering persons during an actual or practice attack or raid as contemplated by the Georgia Civil Defense Act of 1951, such person, firm, or corporation, at such times and for such periods during which said premises are so occupied and actually employed for purpose of civil defense, shall be clothed with the sovereign immunity of the State; and no civil action shall be brought or maintained against any such person, firm, or corporation to recover damages for personal injuries or death of any person while on said premises during an actual or practice attack or raid, or for the loss or destruction of personal property brought upon said premises by any person seeking shelter thereon during an actual or practice attack or raid. Owner to be held harmless. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Approved March 2, 1953. STATE OFFICE BUILDING AUTHORITY ACT AMENDED. No. 360 (Senate Bill No. 62). An Act to amend an Act creating the State Office Building Authority authorizing the Authority to acquire, construct, operate and maintain self-liquidating projects adjacent to the State Capitol embracing buildings and facilities intended for use by any department, board, commission or agency of the State of Georgia, and providing powers, methods and procedures, etc., approved February 21, 1951, (Ga. Laws 1951, p. 669-701), so as to include in the definition of project in Section 3 of said Act authority to provide adjacent to the State Capitol public parks and public parking facilities other than facilities within or connected to State owned or leased buildings and provide for their leasing, and to amend Section 5 so as to increase the maximum amount of revenue bonds authorized to be issued by the Authority under Section 5 thereof from twelve million dollars ($12,000,000.00) to thirteen million dollars ($13,000,000.00) and to provide for lowest available interest rate; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That an Act of the General Assembly of Georgia approved February 21, 1951 (Ga. Laws 1951, pp. 699-701), known as the State Office Building Authority Act, creating and authorizing said authority to acquire, construct, operate and maintain self-liquidating projects adjacent to the State Capitol embracing buildings and facilities intended for use by any department, board, commission or agency of the State of Georgia, and providing powers, methods and procedures,

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etc., be and the same is hereby amended as follows: By adding a new paragraph at the end of Subsection 3 of said Act to read: The word `project' shall also be deemed to mean and include public parks and public parking facilities adjacent to the State Capitol other than the facilities within or connected to State owned or leased buildings, provided that such parks and parking facilities hereby authorized shall be leased by the State Office Building Authority to private operators in terms of five year periods, the lease price to be determined by competitive sealed bids so that as amended hereby Subsection (b) of Section 3 of said Act shall read as follows: Act of 1951 amended. (b) The word project shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilities intended for use as offices and related uses, and all structures, electric, gas, steam and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, commission or agency of the State of Georgia. The word project shall also be deemed to mean and include public parks and public parking facilities adjacent to the State Capitol other than the facilities within or connected to State owned or leased buildings, provided that such parks and parking facilities hereby authorized shall be leased by the State Office Building Authority to private operators in terms of five year periods, the lease price to be determined by competitive sealed bids. Sec. 3 (b). Project. Section 2. It is further enacted that Section 5 of said Act is amended by striking therefrom the words twelve million wherever they may appear therein and inserting in lieu thereof the words thirteen million and striking therefrom the words at such rate or rates not exceeding four and one-half (4%) per centum per annum and inserting in lieu thereof the words the lowest obtainable rate so that said Section 5, as amended hereby, shall read: Sec. 5 amended. Section 5.The Authority, or any Authority or body

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which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotable revenue bonds, in a sum not to exceed thirteen million ($13,000,000.00) dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at the lowest obtainable rate, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Revenue bonds; limit. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. HOSPITAL AUTHORITY ACT AMENDED. No. 362 (Senate Bill No. 49). An Act to amend an Act entitled An Act creating the State Hospital Authority; authorizing the Authority to construct, operate and maintain self-liquidating projects embracing hospitals, sanitoriums, dormitories and housing accommodations and utilities and other facilities in connection therewith, at institutions under the control or supervision of the State Board of Public Welfare or any other State agency or department; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of

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the Authority, payable solely from earnings and revenues, to pay the cost of such projects, etc., as originally enacted and found in the Acts of 1939 on pp. 144-159, inclusive, approved February 1, 1939, and amended and recreated by an Act approved February 6, 1941, (Ga. Laws 1941, pp. 250-253), as amended by an act approved February 30, 1946, (Ga. Laws 1946, pp. 56-60), as amended by an Act approved February 1, 1951, (Ga. Laws 1951, pp. 22-26); by adding a new sentence at the end of Subsection 3 of Section 4 of said Act relating to the powers of the authorities of the Hospital Authority so as to provide a procedure and method for determining value of property transferred to said Authority from the State of 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 same: Section 1. That an Act of the General Assembly of Georgia approved February 1, 1939, known as the State Hospital Authority Act appearing on pp. 144-159, inclusive, of the Acts of the General Assembly of 1939, as recreated and amended by an Act approved February 6, 1941, (Ga. Laws 1941, pp. 250-253), and as amended by an Act approved February 3, 1946, (Ga. Laws 1946, pp. 56-60), and as amended by an Act approved February 1, 1951, (Ga. Laws 1951, pp. 22-26) entitled An Act creating a State Hospital Authority; authorizing the Authority to construct, operate and maintain self-liquidating projects embracing hospitals, sanitoriums, dormitories and housing accommodations and utilities and other facilities in connection therewith, at institutions under the control or supervision of the State Board of Public Welfare or any other State agency or department; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue bonds of the Authority, payable solely from earnings and revenues, to pay the cost of such projects, etc., be and the same is hereby amended by adding at the end of Subsection 3 of Section 4 of said Act, as amended, a new sentence

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to read as follows: At arriving at the value of such land or lands owned by the State consideration shall be given to the monetary value to be rendered the State of Georgia by development of the property so transferred and this shall be deducted from the appraised value. so that Subsection 3 of Section 4 of said State Hospital Authority Act, as amended hereby shall read as follows: Sec. 4 (3) amended. (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Chapter except from the funds provided under the authority of this Chapter, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Chapter upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or incumbrance in full; and if the Authority shall deem it expedient to construct any project on lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the sinking fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority; at arriving at the value of such land or lands owned by the State consideration shall be given to the monetary value to be rendered the State of Georgia by development of the property

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so transferred and this shall be deducted from the appraised value. Acquisition of realty. State owned realty. Section 2. That all laws and parts of laws in conflict be and the same are hereby repealed. Approved March 2, 1953. CONDEMNATION PROCEDURE IN CERTAIN COUNTIES AND CITIES. Code Title 36, Ch. 11 Amended. No. 365 (Senate Bill No. 137). An Act to amend Title 36, Chapter 11, Code of Georgia 1933 by adding thereto additional procedure for condemnation of property which shall be applicable to and in all municipalities and/or counties having a population of more than 250,000 according to the last or future Federal decennial census; to provide for condemnation by proceeding in rem in the superior court where the property to be condemned lies, provided it be in a county with a population in excess of 250,000 according to the then last such census and to any county having partly within its boundaries a municipality having a population of more than 250,000 according to the last or any future Federal decennial census, and to provide the mechanics of such new condemnation procedure; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that Chapter 11, Title 36 of the Code of Georgia relating to eminent domain is amended as follows: Code Title 36, Ch. 11 amended. Section 1. It is hereby found as a matter of legislative determination that with our rapidly growing population and the increasing centralization of such population into metropolitan areas, there results an increasing

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need for public improvements and an increasing need for the exercise by the various political subdivisions of the State of the power of eminent domain and be it further found as a matter of legislative determination that as a result of the foregoing need exists for a supplemental plan for the condemnation of property by such political subdivisions wherever they are now authorized by existing law to acquire real property or any interest therein for public improvements in such counties or municipalities. Section 2. The terms and provisions of this Act shall be applicable to all municipalities and/or counties in the State having a population of more than 250,000 according to the then last or any future Federal decennial census, and to any county having partly within its boundaries a municipality having a population of more than 250,000 according to the last or any future Federal decennial census. This Act shall be deemed to be a supplemental plan for the condemnation of property by such cities and counties, and to that extent an amendment to Title 36, Code of Georgia, relating to eminent domain. This Act shall not be deemed to repeal any existing methods of condemnation provided for by law and its provisions shall not apply to any public housing authority. Counties and cities to which applicable. Section 3. Whenever the governing authorities of any such municipality or county, hereinafter referred to as the acquiring authority, is authorized by law to condemn, take, or damage private property or any interest therein, located within such municipality or county, for any public purpose, it may file a proceeding as provided for by Section 36-1104, of the Code of Georgia of 1933, as amended, (Ga. L. 1914, p. 92, 1937-38 Ex. Sess., pp. 251-253) and in the petition request the court to use the procedure hereinafter set forth. Upon such request in a petition so filed the court shall follow this procedure, it being expressly provided that the petition may cover one or more separate tracts of property provided all relate to a common public project. Petition to follow procedure of present Act.

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Section 4. In lieu of the selection and appointment of three assessors as now provided for by law, it shall be the duty of the judge of the superior court to appoint a special master who shall be disinterested in the cause and who shall be subject to challenge for cause by either party, such challenge to be set, heard and determined by the court after hearing evidence. If the challenge be sustained a new appointment shall be made. Such special master shall be appointed without recommendation from either the condemnor or the condemnee. The special master shall take an oath to do equal and exact justice between the parties according to law and he shall be compensated for his services by the acquiring authority in an amount to be fixed by the court unless agreed upon between him and the parties. Such special master shall be authorized to conduct hearings after due notice to the interested parties and after hearing evidence submitted by the parties and after viewing the premises, shall render an award which shall state the just and adequate compensation for the properties sought to be condemned, the amount of consequential damages to result from the condemnation, if any, and the amount of consequential benefits, if any, to result from such condemnation. Where the petition seeks to condemn more than one parcel of property, separate hearings shall be held by the special master as to each parcel and separate awards shall be made and filed by the special master, such awards to be filed by the special master with the clerk of the superior court within 5 days after the rendition of said award by him and notice of the filing shall be given to all parties interested within 2 days of such filing. Master. Award. Section 5. To any award of such special master as to any or all parcels sought to be condemned, any party at interest dissatisfied with said award may within 10 days from the time the award is filed enter into writing an appeal from the award to the superior court of the county where the award is filed; and at the term succeeding the filing of the appeal, it shall be the duty of the judge to cause an issue to be made and tried by a jury as to the value of the property taken or the amount

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of damage done, with the same right to move for a new trial and file a bill of exceptions as in other cases at law. Such jury trial on appeal shall be a trial de novo and except for impeachment purposes none of the proceedings before the special master or evidence as the amount of the award filed by him shall be admissible in evidence before the jury. Except by consent of the parties each appeal shall be tried separately and shall be deemed a separate case from any other appeal filed in the proceedings. Appeal. Section 6. In the event no appeal be filed by any party at interest the award of the special master shall become a final judgment on all parties at interest. Section 7. When an award has been filed by the special master the acquiring authority shall have the right to pay into the registry of the court as a continuing tender to the parties claiming an interest in said property the amount of said award and to take possession of the property and proceed with the planned public work. Such payment and taking, however, shall not in any way prejudice the right of appeal and trial by jury hereinbefore provided for of any party. Payment of award into court. Section 8. When the amount of the award has been paid into court by the acquiring authority as above provided the court shall, after notice to all interested parties, set a date for a hearing and after hearing evidence, have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable and after such orders the condemnees each shall have the right to take down from said award or the balance thereof the amount fixed as the interest of each such party without giving any bond and without prejudice to the right of appeal. Orders of court as to encumbrances, liens, etc. Section 9. The manner and procedure of the trial of appeals before a jury under this Act, the filing, hearing of motions for new trial, exceptions pendente lite, and direct bills of exceptions to the Supreme Court on all

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rulings included in such matter shall be governed in all respects by the provisions of Chapter 36 of the Code of Georgia relating to the trial of appeals in condemnation cases, and by existing law except as herein otherwise provided. Procedure and practice rules. Section 10. Whenever any final judgment as to any party condemnee rendered under this Act shall exceed the amount of the award of the special master a general judgment for said amount less the amount of the award, as to such condemnee, if the same has been paid by the acquiring authority, shall be entered as a money judgment against such acquiring authority and be paid out of any appropriation applicable to the case and if there be no such appropriation shall be paid in the same manner as any other money judgment rendered against such acquiring authority. Should the final judgment as to any condemnee on appeal in any proceedings under this Act be less than the amount of the award where the acquiring authority has paid the amount of the award to such condemnee, a general judgment shall be rendered in favor of the acquiring authority against the party condemnee who has received the amount of the award. Final judgments. Section 11. In cases under this Act where the amount of the award has been paid into the court by the acquiring authority or the amount of the final judgment has been paid by the acquiring authority and possession of the property to the acquiring authority is refused, the petitioner may apply to the court for a writ of possession and the court upon proof of compliance with the provisions of this Act shall cause such writ to be issued which shall be executed in the same manner as when issued in other cases for the delivery of possession of real property. Writ of possession. Section 12. In all proceedings under this Act the court shall have the power at any stage in the proceedings to allow amendments in form or substance in any petition or other pleading including an amendment as to the description of the lands sought to be condemned

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whenever such amendment will not impair the substantial rights of any party at interest. Amendments to pleadings. Section 13. In all proceedings under this Act, where the mode or manner of conducting the proceeding is not expressly provided for by law, the court shall have power to make all necessary orders and give all necessary directions to carry into effect the object and intent of this Act and of the several Acts of the legislature heretofore or hereafter enacted conferring authority to acquire lands for the use of the acquiring authority. Section 14. The repeal, express or implied, of any existing law or the alteration or amendment thereof by virtue of anything in this Act shall not affect (1) any act done or any right, including the right to appeal, accruing or accrued under existing law, or (2) any suit or proceeding pending in the superior court of any county having jurisdiction of the proceeding, or the Supreme Court of Georgia; but all pending suits and proceedings shall be proceeded with and disposed of in the same manner and with the same effect as if this Act had not been passed, it being the purpose of this Act to apply its terms and provisions to proceedings instituted after its enactment and approval by the Governor and to be cumulative to existing procedures for condemnation. Pending proceedings. Section 15. 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. Section 16. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1953.

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REGISTRATION OF MOTOR VEHICLES. Code 68-202, 68-205, 68-206, 68-207 Amended. No. 369 (Senate Bill No. 50). An Act to amend Chapter 68-2 of the Code of Georgia of 1933, providing for the licensing of motor vehicles and chauffeurs, as heretofore amended by requiring the furnishing of additional information including a sworn statement in writing as to the purchase of the motor vehicle sought to be registered, and as to liens thereon, by requiring the owner of any licensed motor vehicle upon transferring the same to furnish a sworn statement as to liens thereon; to prescribe penalties for violation of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 68-2 of the Code of Georgia of 1933 which relates to the licensing of motor vehicles and chauffeurs to be amended by amending Section 68-202, which section relates to application for the registration of motor vehicles upon forms prepared by the State Revenue Commissioner by adding, after the word capacity in the eighth line of said Section 68-202 the following: from whom, where and when the same was purchased, and the total amount of all liens, if any, thereon, with the name and address of the lien holder, so that Section 68-202 when amended shall now read as follows: Code 68-202 amended. Application for registration; blanks; contents.Application for the registration of a motor vehicle, trailer, tractor or motorcycle shall be made to the State Revenue Commission upon blanks prepared by the Commission for such purposes, by the owner. Such application shall contain a statement of the name, place of residence, and address of the applicant, together with a brief description of the vehicle to be registered, its name, model, the name of the manufacturer, its motor number, its shipping weight, carrying capacity, from whom, where, and when the same was purchased, and the total

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amount of all liens, if any, thereon, with the name and address of the lien holder, and such other information as the Commission may require: Provided, that nothing contained in this law shall be construed as repealing Sections 68-205 to 68-208. Application for registration; blanks; contents. Section 2. That said Chapter 68-2 of the Code of Georgia of 1933 be further amended by amending Section 68-205, which section relates to the registration of motor vehicles, applications, ownership, vehicles registered in other States, records, etc., by adding after the word vehicle in the fourteenth line of said Section the following: Including the date, name and address of the person from whom said vehicle was purchased, and the total amount of all liens against said vehicle, if any, with the name and address of all lien holders so that said Section 68-205 when so amended shall now read as follows: Code 62-205 amended. Registration of motor vehicles; applications, ownership; vehicles registered in other States; records.Initial applications for registration by owners of motor vehicles shall be sworn to and shall include such additional information of ownership as the State Revenue Commission shall deem proper, and no motor vehicle shall be registered unless the State Revenue Commission shall be satisfied the applicant for registration is entitled to have the motor vehicle registered in his name. Proof of purchase at a judicial sale or previous registration in this State by the applicant may be accepted as evidence of ownership by the State Revenue Commission. Applicants for registration for motor vehicles brought into this State previously registered in other States shall be accompanied by an affidavit from the motor vehicle registering official of that State, or other satisfactory evidence indicating that the applicant is the lawful owner of said motor vehicle, including the date, name and address of the person from whom said vehicle was purchased, and the total amount of all liens against said vehicle, if any, with the name and address of all lien holders. The State Revenue Commission shall maintain a record of motor vehicles reported stolen within this

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State against which all applications for certificates of registration shall be checked. The State Revenue Commission, in its discretion, may destroy all motor vehicles records except those of the current year and the two years next preceding. Registration of motor vehicles; ownership; records. Section 3. That said Chapter 68-2 of the Code of Georgia of 1933 be further amended by striking all of Section 68-206, which section relates to certificates of registration, issuance and revocation, and inserting in lieu thereof a new Section 68-206 as follows: Code 68-206 amended. 68-206. Certificates of title registration; issuance and revocation; duplicates; fee.A certificate of title registration containing such description and evidence of identification of the motor vehicle as the State Revenue Commission shall consider proper shall be issued to the owner of each registered motor vehicle by the State Revenue Commission. The certificate of title registration shall be valid for the motor vehicle year in which issued as long as the motor vehicle is owned by the original holder of the certificate of title registration. Duplicates may be obtained at a charge of 50 cents upon supplying the State Revenue Commission such information sworn to as the Commission shall consider proper. The State Revenue Commission may refuse to issue or may revoke a certificate of title registration for cause. Certificate of title registration. Section 4. That said Chapter 68-2 of the Code of Georgia of 1933 be further amended by striking all of Section 68-207, which section relates to the transfer of certificates of registration upon the sale of motor vehicles, and the issuance of new certificates, and inserting a new Section 68-207 as follows: Code 68-207 amended. 68-207. Transfer of title certificates on sale of motor vehicle; issuance of new title certificate. Upon transfer of a motor vehicle the owner shall on the certificate of title registration thereof assign in writing on the form prescribed thereon said motor vehicle and make a sworn written statement as to all liens, if any, thereon, stating the total amount of said liens, the name and address of

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all such lien holders, and the certificate of title registration shall be delivered at the time of transfer. The transferee of the certificate of title registration shall immediately surrender the transfer certificate to the State Revenue Commission and apply for and be granted a new certificate of title registration. The State Revenue Commission shall file the surrendered certificate of title registration so that evidence of ownership of a motor vehicle may be at all times conveniently traced. Licensed motor vehicles dealers, however, shall hold and assign certificates of title registration received by them to persons to whom the ownership of the motor vehicle is transferred. Transfer of title certificates. Section 5. Any person who shall make any false statement in any application for the registration of any motor vehicle, or in transferring any certificate of registration, or in applying for a new certificate of registration shall be guilty of false swearing, whether or not an oath is actually administered to him, if such statement shall purport to be under oath. On conviction of such offense such person shall be punished as provided by Section 26-4004 of the Code of Georgia of 1933. Any person who shall violate any other provision of Chapter 68-2 of the Code of Georgia of 1933 shall be guilty of a misdemeanor. False statement. Section 6. The words State Revenue Commission as used in this Act, and in any section of Chapter 68-2 of the Code of Georgia of 1933 amended by this Act, shall include the State Revenue Commissioner, and any authority conferred upon the State Revenue Commission may be exercised by the State Revenue Commissioner. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953.

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SUPERIOR COURTSCONTINGENT EXPENSE ALLOWANCE FOR JUDGES AND SOLICITORS-GENERAL. No. 370 (Senate Bill No. 21). An Act to authorize and provide a contingent expense allowance, payable from the treasury of the State of Georgia, for the judges and solicitors-general of the superior courts of the judicial circuits of the State of Georgia; to provide for the method of paying said sum and the amount thereof; to repeal conflicting laws; to amend Act No. 99, Georgia Laws, 1951, page 78; to repeal an Act providing for certain expense allowances for solicitors-general, approved February 21, 1951 (Ga. Laws 1951, p. 625); to provide for an effective date; 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 Act No. 99, Georgia Laws, 1951, page 78, be amended by adding after the word judges in line three (3) of the caption of said Act, the words and solicitors-general; and by adding after the words judge in line five (5) of Section 1. of said Act the words and solicitors-general; and by adding after the word judges in line seven (7) of said Section 1., the words and solicitor-general; and by adding after the word judge in line eight (8) of said Section 1., the words nor solicitor-general, so that said Act, when thus amended, shall read as follows: SUPERIOR COURTSCONTINGENT EXPENSE ALLOWANCES FOR JUDGES AND SOLICITORS GENERAL. An Act to authorize and provide a contingent expense allowance, payable from the treasury of the State of Georgia, for the judges and solicitors-general of the superior courts of the judicial circuits of the State of Georgia; to provide for the method of paying said

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sum and the amount thereof; 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 Treasurer of the State of Georgia is authorized and directed to pay from the State treasury the sum of two hundred ($200.00) dollars per month as contingent expense allowance to each judge and solicitor-general of the superior courts in all judicial circuits of the State of Georgia, said sum being in addition to the salaries of said judges and solicitors-general now provided by law; provided that no judge nor solicitor-general of a superior court shall receive more than twelve thousand ($12,000.00) dollars per annum as salary and allowance out of State treasury funds. Contingent expense allowance. Section 2. An Act entitled An Act to provide for the payment of not more than two thousand dollars ($2,000.00) per annum to each solicitor-general for travel expenses, subsistence, clerical help, telephone calls and other expenses; to repeal conflicting laws; and for other purposes,' approved February 21, 1951 (Ga. Laws 1951, p. 625), is hereby repealed in its entirety. Act of 1951 repealed. Section 3. This Act shall become effective on April 1, 1953. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1953.

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MUNICIPAL TAX RATES. Code 92-4101 Amended. No. 371 (House Bill No. 566). An Act to amend Section 92-4101 of the Code of Georgia, relating to taxation by municipal corporations, as amended, so as to provide that the Town of Bowdon shall not be affected by the provisions of this section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 92-4101 of the Code of Georgia, relating to taxation by municipal corporations, as amended, is hereby amended by striking the word and before the word Cedartown, and inserting after the word Cedartown the words and the Town of Bowdon, so that said section, as amended, shall read as follows: Code 92-4101 amended. No 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 percent 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, Warrenton, Cedartown, and the Town of Bowdon. Exceptions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the Mayor and Council of the Town of Bowdon, Georgia, intend to apply to the

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General Assembly of Georgia at the 1953 session thereof (now in session) to amend an Act creating a new charter for the Town of Bowdon approved August 12, 1910 (Ga. Laws 1910, pp. 408-425) and all Acts amendatory thereof, and especially Section 27 of said Act, so as to provide that the Mayor and Council of the Town of Bowdon shall from year to year levy such tax on real and personal property situated in said town as they may deem necessary for the support and government of said town provided that the tax so assessed shall not exceed two percent or 20 mills. Mayor and Coucil of Town of Bowdon. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Ebb Duncan, who, on oath, deposes and says that he is Representative from Carroll County, and that the above copy of Notice of Intention to Introduce Local Legislation was published in the Times-Free Press, which is the official organ of Carroll County, on the following dates: January 22, 1953, January 29, 1953, and February 5, 1953. /s/ J. E. Duncan, Representative, Carroll County. Sworn to and subscribed before me this 11th day of Feb., 1953. /s/ C. C. Perkins N. P. Notary Public. Approved March 2, 1953. TEACHERS' RETIREMENT SYSTEM AMENDED. No. 373 (Senate Bill No. 31). An Act to amend an Act establishing a Teacher Retirement System, approved March 19, 1943 (Ga. Laws

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1943, p. 640), as amended, particularly as amended by an Act approved February 16, 1950 (Ga. Laws 1950, p. 261), so as to make certain changes regarding the disability retirement and death provisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State public schools; and other State supported schools; to determine membership and conditions of membership in said system; to provide for a board of trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly as amended by an Act approved February 16, 1950 (Ga. Laws 1950, p. 261), is hereby amended by striking the provisions of Subsections (3) and (4) of Section 5, relating to disability retirement, and inserting in lieu thereof new Subsections (3) and (4) to read as follows: Sec. 5 amended. (3) (a) Any member in service, upon death, shall be entitled to an allowance in accordance with the provisions set forth in Subsection (4) of this section. (b) Any member in service may be retired by the board of trustees on a disability allowance upon written application to the board of trustees made by such member or his employer, not less than thirty days or more than ninety days, subsequent to the execution and filing thereof, provided such member has fifteen or more years of creditable service, and provided the medical board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for further performance of duty, and that such incapacity is likely to be permanent and that he should be retired. Disability retirement.

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(4) In accordance with Subsection (3) of this section, upon disability retirement, or death, a member shall receive the equivalent of a service retirement allowance if he has attained age sixty, otherwise he shall receive a disability allowance, or death allowance, which shall consist of: (a) Not less than fifteen years creditable service, seventy-five per centum of the service retirement allowance which would have been payable upon service retirement at age sixty had he continued in service to age sixty without further change in compensation. (b) Not less than twenty-two years creditable service, the service retirement allowance which would have been payable upon service retirement at age sixty had he continued in service to age sixty without further change in compensation. (c) Not less than thirty years creditable service, seventy-five per centum of the service retirement allowance which would have been payable upon service retirement at age sixty-five had he continued in service without further change in compensation. (d) In the application of the above relating to death allowances, computation shall be made on the same basis as though Option 2 as provided in Subsection (8) of this section had been in effect, provided, upon death of the member there is a named living beneficiary, otherwise the total amount of the member's contributions to the date of his death shall be payable to his estate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953.

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AUTOMOBILESRECKLESS DRIVING. No. 377 (Senate Bill No. 40). An Act to amend an Act entitled An Act to define reckless driving, and to prohibit the same; to restrict the speed on the public streets and highways of this State; to provide for the erection of stop signs; to provide for the dimming of lights of motor vehicles; to provide that vehicles using the public roads and highways be equipped with reflectors to serve as a warning signal to drivers of approaching vehicles and to provide how the minimum requirements of reflectors shall be determined; to require the filing of reports of accidents by operators or occupants of motor vehicles involved in accidents on public streets and highways; to require reports by the coroners in the several counties of the State concerning deaths resulting from accidents on public streets and highways; to provide for the enforcement, penalties and punishment for the violation of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes, approved March 24, 1939 (Ga. Laws 1939, p. 295), so as to make it unlawful for any person to operate any motor vehicle on a private street, public park, drivein, parking lot, school yard, or other place of public gathering in such manner as to be in wilful or wanton disregard of the safety of persons or property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to define reckless driving, and to prohibit the same; to restrict the speed on the public streets and highways of this State; to provide for the erection of stop signs; to provide for the dimming of lights of motor vehicles; to provide that vehicles using the public roads and highways be equipped with reflectors to serve as a warning signal to drivers of approaching vehicles and to provide how the minimum requirements of reflectors shall be determined;

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to require the filling of reports of accidents by operators or occupants of motor vehicles involved in accidents on public streets and highways; to require reports by the coroners in the several counties of the State concerning deaths resulting from accidents on public streets and highways; to provide for the enforcement, penalties and punishment for the violation of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes, is hereby amended by adding after the word highway and before the word in in line two of Subparagraph (a) of Section 1 of said Act the following; private street, public park, `drive-in', parking lot, school yard, or other place of public gathering, so that said Subparagraph (a) of Section 1 when so amended shall read as follows: Sec. 1, subsec. (a), Act of 1939, amended. (a) Any person who drives any motor vehicles upon a street or highway, private street, public park, `drive-in', parking lot, school yard, or other place of public gathering in this State in such a manner as to be in willful or wanton disregard of the safety of persons or property is guilty of the criminal offense of reckless driving. Reckless driving, certain places. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. HOG STEALING, ETC.PUNISHMENT. Code 26-2611 Amended. No. 379 (Senate Bill No. 13). An Act to amend Section 26-2611 of the Code of Georgia of 1933 relating to the punishment for hog stealing so as to prescribe that said penalty under said section shall be for a certain period of time; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 26-2611 of the Code of Georgia of 1933, relating to the punishment for hog stealing, is hereby amending by striking the entire section and inserting in lieu thereof the following: Code 26-2611 amended. 26-2611. The stealing of one hog or more or one chicken or more or one turkey or more, or pea fowl shall be punished by imprisonment in the penitentiary not less than two nor more than four years. Punishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. ADMINISTRATORS, EXECUTORS, ETC.SALE OF STOCKS AND BONDS. No. 380 (Senate Bill No. 89). An Act to amend an Act of the General Assembly of the State of Georgia, approved February 16, 1943, so as to provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks or bonds which are either listed or admitted to unlisted trading privileges upon a stock exchange, or quoted regularly in newspapers, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That Section 1 of the Act of the General Assembly of the State of Georgia, approved February 16, 1943, (Ga. Laws 1943, p. 415) wherein is set out the method for selling stocks and bonds by guardians, administrators, executors, trustees and other fiduciaries be

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amended so that the said section, when amended, will read as follows: Sec. 1, Act of 1943 amended. Section 1. That any guardian, administrator, executor, trustee or other fiduciary may sell at private sale stocks or bonds held by them in their representative capacity where such stocks or bonds are either listed or admitted to unlisted trading privileges upon any stock exchange, or quoted regularly in any newspaper or newspapers having a general circulation in the State of Georgia, the sale price for such stocks or bonds to be not less than the stock exchange bid price, or the published bid price, at the time of sale; provided that such guardian, administrator, executor, trustee or other fiduciary before making such sale shall make application to the court of ordinary for an order to sell such stocks or bonds, describing same, which order shall issue on or after said application shall have been on file for a period of ten (10) days, and after making such a sale shall file with the court of ordinary a statement showing date of sale, name of purchaser, the stock exchange bid price or the published bid price at the time of sale, and proceeds of sale; the sale of securities other than those listed upon or admitted to unlisted trading privileges on any stock exchange shall be subject to an order of the ordinary showing his approval or disapproval of such sale within not less than three (3) nor more than five (5) days from date of such sale. The filing with the ordinary of statement showing date of sale, name of purchaser, the stock exchange bid price or the published bid price at the time of sale, and proceeds of such sale shall be sufficient on sales of securities listed upon or admitted to unlisted trading privileges upon any stock exchange without any order of the court of ordinary confirming such sale. Provided that nothing in this Act shall change or alter the rights heretofore appertaining to sales of such securities under will, trust agreement or other written instrument. Private sale. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1953.

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LIVESTOCK RUNNING AT LARGE. No. 381 (Senate Bill No. 76). An Act to prohibit livestock from running at large or straying upon public roads; to define certain words, phrases and terms; to provide for the impounding, redemption and sale of such livestock and notice thereof; to provide certain fees for the impounding, redemption and sale of such livestock; to provide for disposal, to provide for certain reports; to provide for and maintain a place of impounding livestock; to provide for certain exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. There is hereby found and declared a necessity for a statewide livestock law embracing all public roads of the State of Georgia and necessity that its application be uniform throughout the State, except as hereinafter provided. Section 2. In construing this Act, the following words, phrases, or terms shall be held to mean: Definitions. (1) Livestock shall include all animals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals. (2) Owner shall include any person, association, firm or corporation, natural or artificial, owning or having custody of or in charge of livestock. (3) Running at large or straying shall mean any livestock found or being on any public roads of this State

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and not under manual control of a person. (4) Public roads as used herein shall mean those highways within the State which are, or may be, maintained by the State Road Department, including the full width of the right of way. Section 3. No owner shall permit livestock to run at large on or stay upon the public roads of this State. Running at large prohibited. Section 4. It shall be the duty of the sheriff or his deputies or any other law enforcement officer of the county where livestock is found to be running at large or straying, to take up, confine, hold and impound any such livestock, to be disposed of as hereinafter provided. Impounding. Section 5. Upon the impounding of any livestock by the sheriff or his deputies or any other law enforcement officers of the county, the sheriff shall forthwith serve written notice upon the owner, advising such owner of the location or place where the livestock is being held and impounded, the amount due by reason of such impounding, and that unless such livestock be redeemed within three days from date thereof that the same shall be offered for sale. In the event the owner of such livestock is unknown or cannot be found, service upon the owner shall be obtained by once publishing a notice in a newspaper of general circulation where the livestock is impounded (Sundays and holidays excluded). If there be no such newspaper then service shall be obtained by posting of the notice at the courthouse door and at two other conspicuous places within said county. Such notice shall be in substantially the following form: Notice to owner. To Whom It May Concern:

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Unless the impounded livestock is redeemed within three days from date of notice, the sheriff shall forthwith give notice of sale thereof which shall be held not less than five days nor more than ten days (excluding Sundays and holidays) from the first publication of the notice of sale. Said notice of sale shall be published in a newspaper of general circulation in the said county (excluding Sundays and holidays) and by posting a copy of such notice at the courthouse door. If there be no such newspaper then by posting such copy at the courthouse door and at two other conspicuous places in said county. Notice of sale. Such notice of sale shall be in substantially the following form: Section 6. The fees allowed for impounding, serving, notice, care and feeding, advertising, and disposing of

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impounded animals, shall be as follows: (1) For impounding each animal, the sum of $2.50 and mileage as provided by law for the arrest and commitment of prisoners. (2) For serving any notice and making return thereon, the sum of $1.50 and mileage provided by law for executing writs in actions at law and making return upon the same. Fees. (3) For feed and care of impounded animals the sum of $0.50 per day per animal. (4) For advertising or posting notices of sale of impounded animals, the same as provided by law for advertising property for sale under process. (5) For sale or other disposition of impounded animals, the sum of $1.00. (6) For report of sale of impounded animals, the sum of $0.50. Section 7. If there be no bidder for such livestock at the sale aforesaid, the sheriff shall kill or cause same to be killed and shall dispose of the carcass thereof and if there be any money received by him on account of the said disposal, the same shall be disbursed in the manner hereinafter provided, and if there be no ready sale for said carcass the sheriff shall forthwith deliver the carcass to a public institution of the county, State or municipality within said county, or to any private charitable institution, in the order herein set forth, according to their needs. Disposition where not sold. Section 8. The sheriff, upon making a sale or other disposal as herein provided, shall forthwith make a written return thereof to the clerk of the superior court of such county, with a full and accurate description of the livestock sold or disposed of by him, to whom, and the sale price thereof, which report shall be filed by said clerk. Return and disposition of proceeds.

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At the time of making his return, the sheriff shall pay over to the clerk of the circuit court the entire proceeds of the sale. The clerk of the superior court shall pay all costs and fees as allowed in Section Six of this Act if there be any balance remaining. Such balance shall be paid to the owner of such livestock, provided the owner shall make satisfactory proof of ownership to the board of county commissioners within ninety days from the date the sheriff reports the sale. If proof of ownership, as aforesaid, be not made within the time mentioned, the clerk shall pay such proceeds into the fine and forfeiture fund of said county. The clerk shall keep a permanent record of all sales, disbursements, and distributions made under this Act. If the amount realized from the sale or other disposition of the animal is insufficient to pay all fees, costs and expenses as provided herein, the deficit shall be paid by the county from its fine and forfeiture fund. Section 9. The county commissioners of the several counties of Georgia shall establish and maintain pounds or suitable places for the keeping of any livestock taken up and impounded hereunder until the same shall be sold, redeemed or otherwise disposed of. In any case, such county commissioners shall provide truck transportation for the impounded animals. Pounds. Section 10. The sheriff shall provide feed for the impounded animals and see that no livestock shall have feed and water not less than twice a day and that all milk cows and milk goats are milked twice a day. The sheriff shall employ pound-masters, guards or other persons as may be necessary to protect, feed, care for and have custody of the impounded animals and the sheriff shall be entitled to the fees herein allowed for such feed and care. Care of impounded animals. Section 11. The owner of any impounded livestock shall have the right at any time before sale thereof to redeem the same by paying to the sheriff all impounding expenses, including fees, keeping charges, advertising or other costs incurred therewith which sum shall be deposited

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by the sheriff with the clerk of the circuit court who shall pay all fees and costs as allowed in Section 6. In the event there is a dispute as to the amount of such costs and expenses, the owner may give bond with sufficient sureties to be approved by the sheriff, in an amount to be determined by the sheriff, but not exceeding the fair cash value of such livestock, conditioned to pay such costs and damages; thereafter, within ten (10) days, the owner shall institute suit at law to have the damage adjudicated by the court or referred to a jury if requested by either party to such suit. Redemption. Section 12. Any owner of livestock who unlawfully, intentionally, knowingly permits the same to run at large or stray upon the public roads of this State or any person who shall release livestock, after being impounded, without authority of the impounder, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars ($500.00) or by both such fine and imprisonment. Permitting animals to stray misdemeanor. Section 13. The provisions of this Act shall not apply to counties having special laws or general laws of local application requiring the confinement and restraint of livestock; provided, however, where the provisions of such special laws or general laws of local application do not prohibit livestock from running upon or straying upon the public highways, or provide less severe penalties than imposed by this Act, the provisions of this Act shall apply in each case as if the provisions hereof were inserted in full in any such special law or general law of local application. Provided, further, that if any such special law or general law of local application is found unconstitutional or in any way inoperative, then this Act shall be in full force and effect in the county or counties affected. Counties where not applicable. Section 14. It is the intent of the legislature that the provisions of this Act are separable and if any provisions shall be held unconstitutional, such decision shall not affect the remainder of this Act.

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Section 15. The provisions of Section 19 of this Act shall become effective on April 1, 1953. The remaining provisions of this Act shall become effective in every county in this State on October 1, 1955, except in those counties in which an election or elections must be held as provided in Section 19, in which counties the remaining provisions of this Act shall become effective as provided in Section 19. Effective date. Section 16. All lands embraced by Camp Stewart shall be exempt from provisions of this Act. Camp Stewart. Section 17. Provided, however, that the Governor of Georgia may postpone or extend the effective date of this Act if he determines that because of national emergencies fence wire is not satisfactorily available. Section 18. In every county of this State not presently having special laws or general laws of local application requiring the confinement and restraint of livestock, or not having adopted by election under Section 62-501 of the Code of Georgia as it existed on February 24, 1953 the `no-fence law', there shall be held an election on the first Wednesday of July, 1953, at which election the question of adopting the provisions of this Act shall be put to persons qualified to vote in said county for members of the General Assembly. It shall be the duty of the ordinary of each such county to issue the call for such election and to cause notice of the date and purpose of such election to be published once a week for two weeks immediately prior to the date thereof in the official organ of such county. The ballot shall have printed thereon the words: For adoption in..... County of the Act prohibiting livestock from running at large or straying upon public roads and Against adoption in..... County of the Act prohibiting livestock from remaining at large or straying upon public roads. Election to adopt. Those persons voting in favor of the adoption of this Act shall vote for adoption, and those voting for rejection of this Act shall vote against adoption. If a majority of those persons voting in such election vote for

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adoption of this Act, then it shall become of full force and effect in such county on October 1, 1955. If a majority of those persons voting at such election vote against the adoption of this Act, this Act shall not become effective in such county, and the question shall be put at the next succeeding general election in like manner, and at each succeeding general election in such county until a majority of the persons voting thereon shall vote for adoption of this Act and the same shall become of full force and effect in such county on October 1, 1955, unless the date of such election is less than twelve months from October 1, 1955, in which event this Act shall become of full force and effect in such county twelve months from the date of such election. It shall be the duty of the ordinary to canvass the returns and certify the results of the election, and it shall be his further duty to certify the results thereof to the Secretary of State. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. UNAUTHORIZED PRACTICE OF ARCHITECTURE. Code 84-9903 Amended. No. 383 (House Bill No. 187). An Act to amend Section 84-9903 of the 1933 Code of the State of Georgia as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 467) so as to provide that the practice of architecture in the State of Georgia by persons not registered according to the provisions of Chapter 84-3 of the 1933 Code of Georgia as amended shall be a misdemeanor; to provide that, upon the application of any officer or citizen of this State, complaining that the provisions of Chapter 84-3 have been violated by any person, and upon proof

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of such violation, the superior courts of the State of Georgia shall be authorized and shall enjoin the further violation of said provisions by 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: Section 1. That Section 84-9903 of the Code of Georgia of 1933 as amended by an Act of the General Assembly approved February 15, 1952 (Ga. Laws 1952, p. 467) is hereby repealed in its entirety and a new section enacted to be known as Section 84-9903 and to read as follows: Code 84-9903 amended. 84-9903. Architect, practicing as; false oath.The use of the title `architect' or `registered architect' or the use of any word, letters or figures indicating or intending to imply that the person using the same is an architect or registered architect, without compliance with the provisions of Chapter 84-3 or the making of any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by said Chapter, or the practice of architecture by any person without compliance with the provisions of Chapter 84-3, shall be deemed a misdemeanor and punishable as provided in Section 27-2506 of the Code of Georgia 1933. It shall be the duty of all duly constituted officers of the law of this State, or any political subdivision thereof, to enforce the provisions of this Chapter and to prosecute any persons violating same. Upon application of any officer or citizen of this State complaining that the provisions of Chapter 84-3 have been violated by any person, and upon proof of such violation, the superior courts of the State of Georgia are hereby authorized to and shall enjoin the further violations of said Chapter 84-3. Provided, however, the provision of this Act shall not apply to any inmate in a penal institution in this State, while so confined, where such work is in the nature of rehabilitation.

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Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. That should any section of this Act be invalid or unconstitutional, such shall not invalidate the remainder hereof, and the remainder shall be given full force and effect insofar as is practicable without such invalid portion or portions. Approved March 2, 1953. GUARDIANSSALE OR EXCHANGE OF PROPERTY. Code 49-203 Amended. No. 385 (House Bill No. 493). An Act to amend Section 49-203 of the Georgia Code of 1933, as amended, which pertains to sales by guardians of the property of their wards for reinvestment, by providing for the exchange of such property; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Section 49-203 of the Code of Georgia of 1933, as amended, be further amended by adding at the end thereof the following: In like manner, any such guardian may exchange any property held by the guardian for other property. In such event, the guardian may pay or receive any difference in value as between the property received and the property exchanged. Any sum received shall be reinvested in such property as the court may direct. The procedure for any such exchange of property shall be that provided by Section 49-204 of the Code of Georgia of 1933, as amended, so that said Section 49-203, as amended, shall read as follows: Code 49-203 amended. By order, in term time or vacation, of the judge of the

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superior court of the county of the guardian's appointment, or in the case of a foreign guardian, of the judge of the superior court of the county in which all or any part of the property is situated, any guardian may sell the whole or any part of the estate of his ward, for reinvestment and upon such terms and at such time and place as said judge may order. In like manner, any such guardian may exchange any property held by the guardian for other property. In such event, the guardian may pay or receive any difference in value as between the property received and the property exchanged. Any sum received shall be reinvested in such property as the court may direct. The procedure for any such exchange of property shall be that provided by Section 49-204 of the Code of Georgia of 1933, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. RAILROADSSPECIAL OFFICERS FOR. No. 386 (House Bill No. 388). An Act to amend an Act, approved March 19, 1935, (Ga. Laws 1935, p. 465), known as an Act to provide for the appointment of special officers upon the request of the president or resident executive officer of any railway company or any railroad corporation operating and doing business in this State as a common carrier and to provide for their compensation and to prescribe their duties by amending Section 2 and Section 3 of said Act by striking so much of said Section 2 and Section 3 as provide for appointment of said special officers for a term of four years; and by adding that such appointments shall be for the duration of the employment of said special officers in such capacity by said railway companies or railroad corporations or until said appointment is revoked by the

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Governor; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: That the Act approved March 19, 1935, known as the Railroads, Special Officers For, Act, authorizing the appointment and commissioning of said special officers and prescribing their authority, duties, etc., be and the same is hereby amended as follows: Act of 1935 amended Section 2 of said Act, approved March 19, 1935, is repealed, and the following section is enacted in lieu thereof: Section 2. All special officers thus appointed and commissioned as provided for in this Act shall have throughout the State all the powers, duties and responsibilities of sheriffs or other law enforcement officers of the State while engaged in the performance of their duties as such railroad officers except the serving of civil processes. Power and duties. Section 3 of said Act, approved March 19, 1935, is repealed, and the following section is enacted in lieu thereof: Section 3. Each and every special officer appointed and commissioned under the provisions of this Act shall be a resident of the State and of good character and an employee of company making application for six months prior to time of application, and shall be required to enter into a good and sufficient bond payable to the State of Georgia in the sum of one thousand dollars conditioned for the faithful performance of his duties, said bond to be filed with the Secretary of State and approved as to form by the Attorney General. After the appointment by the Governor each special officer shall be commissioned by the Secretary of State and shall pay to the Secretary of State the sum of $2.00 which shall be paid into the general fund of the treasury. All appointments

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and commissions issued under this Act shall continue so long as the said special officer is employed in such capacity by the said railway company or railroad corporation, but the authority of any person appointed under this Act shall immediately cease whenever such person ceases to be an agent, servant, or employee of the corporation applying for the appointment or no longer serves as a special officer of such corporation. Whenever any such corporation or company shall no longer require the services of any special officer so appointed, it shall file written notice to that effect in the offices of the Governor and Secretary of State. The appointment and commission may be revoked at any time by the Governor with or without written notice by the president or executive officer of the common carrier applying for the appointment and commission. Qualifications, appointment, etc. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. MOTOR VEHICLE LICENSE AND REGISTRATION. Code 68-201 Amended. No. 387 (Senate Bill No. 53). An Act to repeal Section 68-201 of the 1933 Annotated Code of Georgia, as amended, which provides for the registration and license of motor vehicles and chauffeurs; penalties; and to reenact a new section in lieu of Section 68-201 containing the provisions of said section and in addition thereto to provide for the payment of penalties and indorsement fees to sheriffs and their deputies without regard to the residence of the applicant; to provide that such penalties and indorsement fees accredited to members of the State Highway Patrol and State Motor Vehicle License Inspectors

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shall be paid to the State treasury; to provide an effective date; 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 68-201 of the 1933 Annotated Code of Georgia, providing for the registration and license of motor vehicles and chauffeurs; penalties, be and the same is hereby repealed. Code 68-201 amended. Section 2. That a new section be enacted to be known as Section 68-201, reading as follows: 68-201. Registration and license of motor vehicles and chauffeurs; penalties.Every owner of a motor vehicle, trailer, tractor (except tractors used only for agricultural purposes) or motorcycle, shall, on or before the first day of April in each year, before he shall operate such motor vehicle, tractor, trailer or motorcycle, register such vehicle in the office of the State Revenue Commissioner, and obtain a license to operate the same for the ensuing year; and every chauffeur employed to operate motor vehicles shall likewise register and obtain a license as hereinafter provided: Provided, that on and after the second day of April in each year every owner of an automobile, truck or trailer, registered for the previous year, who shall have failed to comply with the provisions of this section, shall be deemed and held to be a delinquent under the provisions of this section, and the registration of such automobile, truck or trailer shall, on said second day of April and thereafter, be subject to a penalty of 20% of the registration fee for said automobile, truck or trailer in addition to the fee herein provided; and all applications made to the State Revenue Commissioner for the registration of said delinquent automobile, truck or trailer shall, before being accepted by the State Revenue Commissioner, be first indorsed by the sheriff or a deputy sheriff, chief of police or his designated representative, or by a State Highway Patrolman or by a State Motor Vehicle License Inspector;

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and for said indorsement the officer making said indorsement shall first receive from the applicant the sum of $1, and the officer indorsing such delinquent application shall indicate, with his indorsement on said application, the total amount of the prescribed registration fee together with the 20% penalty herein provided, and the full total of such amount shall be remitted or paid to the State Revenue Commissioner before any license tag or serial number as provided for in this law shall be assigned to said applicant: Provided further, that the purpose of this provision being the better and more complete enforcement of the motor vehicle law, all such penalties as are herein assessed shall be accredited in the office of the State Revenue Commissioner when received in the name of the officer making the indorsement without regard to the residence of the applicant, whether the same are received through the exercise of their authorities as an arresting officer or whether through appearance of the applicant at their offices for proper indorsement on an application; and between the first and fifth days of each calendar month the State Revenue Commissioner shall remit to the respective officers the full amount of such penalties accredited to such officers during and for the preceding calendar month: Provided, in all counties and cities of 300,000 or more according to 1950 and future census the full amount of all penalties collected in such counties shall be remitted to the fiscal authorities of such counties and cities; provided, however, all sums accredited to State Highway Patrolmen and Motor Vehicle License Inspectors shall be paid to the State Treasury, and it shall be expressly understood and provided that the penalty herein levied and designated shall be in lieu of and stand in the place of any and all other penalties for delinquency in the registration provided for in this section on or before the first day of April in each year: Provided, however, that upon the failure of said officers in any county to enforce the provisions of this section, the State Revenue Commissioner shall have the right to employ an inspector in such county, at not more than $4 a day and actual expenses to be itemized and sworn to, who shall be empowered to perform the duties herein

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set out as to the officers named herein, and the person so appointed shall be paid his compensation and expenses from the penalties provided for in this section. Registration and license of motor vehicle and chauffeurs' penalties. Delinquent applications. Section 3. That the provisions of this Act shall become effective on and after April 1, 1953. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1953. CHIEF DRUG INSPECTOR'S ASSISTANTS. No. 388 (House Bill No. 380). An Act to amend Section 42-102 of the Code of Georgia of 1933, as amended, relating to the Chief Drug Inspector, so as to strike the provision prohibiting the employment of more than two assistant drug inspectors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The first paragraph of Section 42-102 of the Code of Georgia of 1933, as amended, relating to Chief Drug Inspector, is hereby amended by striking the sentence, Provided that in no event shall the Board of Pharmacy employ more than two assistant drug inspectors, so that said paragraph, when so amended, shall read as follows: Code 42-102 amended. The Georgia State Board of Pharmacy shall, at the next regular meeting of said board, appoint a chief drug inspector, who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever said board shall, either at a regular or called meeting, appoint his successor. The salary

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of the chief drug inspector shall be fixed by the Georgia State Board of Pharmacy. His whole time shall be at the disposal of the Georgia State Board of Pharmacy and his duties shall be to visit and inspect manufacturing establishments, wholesaling establishments and retailing establishments, chemical laboratories and such other establishments as manufacture and put up for sale such articles as are known as family remedies, grocers' drugs, flavoring extracts, flavoring essences, toilet articles, bottlers' supplies, stock powders and veterinary remedies; and to perform such other duties as may be directed by the Georgia State Board of Pharmacy. He shall report to the Georgia State Board of Pharmacy or the secretary of said board any and all violations of any of the drug laws of this State. The inspector shall have authority to take up samples of the articles above referred to from any of the said establishments for examination and analysis by the State Chemist, or under his direction and supervision, or for examination under the direction and supervision of the Georgia Board of Pharmacy for the purpose of examination as provided by Section 42-113 of the Code of Georgia of 1933, as amended. The Board of Pharmacy shall have authority to appoint not more than five assistant drug inspectors who shall hold office at the pleasure of the Georgia Board of Pharmacy and whose salary shall be fixed by said board. Assistants. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1953. JEKYLL ISLAND COMMITTEE COMMENDED. No. 31 (House Resolution No. 190). A Resolution. Whereas, in 1950 the legislature did set up the Jekyll Island Authority and

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Whereas, the Governor of Georgia, the Honorable Herman E. Talmadge did appoint The Jekyll Island Committee to handle the affairs of the authority and Whereas, the committee consists of the following prominent Georgians: Hon. D. Braxton Blalock, Chairman Hon. Mitchell McIver (Mike) Benton, Vice-Chairman Hon. Ben J. Tarbutton Hon. Jas. D. Compton Hon. H. Gould Barrett And whereas, two of these distinguished gentlemen, namely: Hon. D. Braxton Blalock and Hon. Ben J. Tarbutton are now members of this House of Representatives, and Whereas, the Jekyll Island Committee has worked diligently and faithfully at great personal sacrifice for the best interests of the citizens of Georgia. Be it therefore resolved by this House of Representatives, the Senate concurring that the members of the committee shall be individually commended by a grateful citizenry for their untiring efforts in behalf of the sovereign State of Georgia. Be it further resolved that this resolution shall be spread upon the minutes of the Journal of both the House and the Senate and that a copy of the resolution be sent to each member of the Jekyll Island Committee. Approved March 2, 1953.

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MISS ELLA MAY THORNTON COMMENDED. No. 32 (Senate Resolution No. 21). A Resolution. Whereas, Miss Ella May Thornton has communicated to the Governor her wish to be retired from the Office of State Librarian through the legally prescribed channels and to be relieved of her duties within the present year; and, Whereas, on January 6, 1953 Miss Thornton completed a term of twenty-seven years as State Librarian, by appointment of seven successive Governors with confirmation by the Senate, a service which had been preceded by fifteen years as an Assistant State Librarian, beginning with an appointment by Governor Hoke Smith in 1909; and, Whereas, Miss Thornton has served Georgia long, faithfully and well, leaving the impress of her heart, and intellect upon many of its institutions particularly in the area of libraries and in the field of the study of law, of Georgia bibliography and of Georgia history; and, Whereas, she has brought credit to Georgia in having received recognition and distinction outside the State and from abroad as well as at the hands of King George VI of Great Britain. Now, therefore, be it resolved by the Senate of Georgia, the House of Representatives concurring, that Miss Ella Mae Thornton is hereby named Honorary State Librarian of Georgia for life, this provision to be effective immediately upon her retirement; and, Be it further resolved that she shall be offered suitable quarters either in or adjacent to the State Library that she may be accessible as a consultant and adviser in the future, as she has consistently been in the past,

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in those fields in which she has had such rich experience. Approved March 2, 1953. VICTORIA BRYANT STATE PARK. No. 36 (House Resolution No. 132-420d). A Resolution. To authorize the Department of State Parks, Historical Sites and Monuments to accept on behalf of the State a donation of lands in Franklin County for parks purposes to be known as Victoria Bryant State Park, and Whereas a petition of several citizens of Franklin County has been made to the Department of State Parks, Historical Sites and Monuments that a park be established in said county near the City of Royston, in which petition it is called to the attention of said Department that there does not now exist a State park within that vicinity, and Whereas the citizens of the vicinity of Royston and Franklin County will benefit materially by the establishment of a park, and Whereas the property has been tendered as a donation, free of cost to the State by Honorable Paul A. Bryant of said county, and Whereas it appears desirable and beneficial to the State park system that such a park be established. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of State Parks, Historical Sites and Monuments be and it is hereby authorized to accept the donation

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of said property, and said department is further authorized to improve said property as a park from the funds of said department when and if available. Approved March 2, 1953. CONGRESSMAN CAMP COMMENDED. No. 37 (House Resolution No. 187). A Resolution. Commending Congressman Sidney Camp for his efforts in attempting to secure the establishment and location of an Air Force Academy in Spalding County; and for other purposes. Whereas, Honorable Sidney Camp, Congressman from the State of Georgia, has introduced in the Congress of the United States, House Resolution No. 385, which proposes the establishment of a United States Air Force Academy and the location of said academy in Spalding County, Georgia; and Whereas, the location of such an academy in Spalding County would be of tremendous benefit to the State of Georgia; and Whereas, Congressman Camp has exerted great efforts and has expended tremendous energy in his efforts to obtain the establishment and location of an Air Force Academy in Spalding County, Georgia; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that Congressman Sidney Camp be commended for his efforts as set out above, and that he be urged and requested to continue his excellent work on behalf of House Resolution No. 385.

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Be it further resolved that the Clerk of the House send a copy of this Resolution to Congressman Sidney Camp. Approved March 2, 1953. CHARLES S. FLOYD ROAD DESIGNATED. No. 38 (Senate Resolution No. 40). A Resolution. Whereas, there has recently been completed an improved portion of the highway system of Georgia presently known as the Loganville-Bold Springs-Winder Road; and Whereas, this road traverses a section and serves a community that is dear to the heart of one of its native sons and great Georgians; and Whereas, this said distinguished citizen has served his people in the practice of medicine since 1909 and is admired, respected and cherished by his friends and neighbors; and Whereas, he has labored long and diligently to bring about the construction and improvement of said road and gave the weight of his prestige and influence to assure its completion. Be it therefore resolved that the aforesaid length of road be now and forever hereinafter known as the Charles S. Floyd Road. Approved March 2, 1953.

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LAND CONVEYANCE TO CITY OF ALBANY. No. 39 (House Resolution No. 120-367a). A Resolution. Authorizing His Excellency, the Governor, acting for and on behalf of the State of Georgia, to convey certain property in Dougherty County, being a portion of Chehaw State Park, and Whereas the City of Albany in Dougherty County, Georgia, did in 1937 convey to the State for park purposes certain property lying in Dougherty and Lee Counties, and Whereas said deed of conveyance contained a reversionary clause to the effect that if said property or any part thereof be abandoned by the State or discontinued to be used as a State park, then in that event the title to said property would revert to the City of Albany, and Whereas it is desired by certain civic organizations in Dougherty County to construct a recreation and training school for certain purposes on a tract consisting of two acres more or less lying in land lots 298 and 299 of the First District of Dougherty County, and Whereas to release the interest of the State in this two acres to the City of Albany for this purpose would not impair in any manner the operations of Chehaw State Park, Now, therefore, be it resolverd by the House of Representatives, the Senate concurring, that the Governor of Georgia be and he is hereby authorized and directed to execute a deed conveying the property referred to above, or any interest which the State of Georgia has in and to said property to the City of Albany for the purposes herein stated. Approved March 2, 1953.

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FEDERAL REGULATION OF UTILITIESMEMORIAL TO CONGRESS. No. 40 (Senate Resolution No. 43). A Resolution. Concurring Resolution of the General Assembly of Georgia memorializing the Congress of the United States to correct and restrain the unwarranted and unintended extension of Federal authority in the field of utility regulation through the enactment of appropriate legislation and the rejection and defeat of the presently pending amendment to Section 13 of the Interstate Commerce Act as proposed in Senate Bill 281. Whereas, the independent regulatory agencies of the Federal Government, particularly the Interstate Commerce Commission and the Federal Power Commission have purposely and persistently sought to extend the regulatory powers over public utilities, into those areas intended by Congress to be left to local control, and Whereas, this constant accretion of this purely local authority by Federal agencies has been aided and encouraged by the strained construction and speculative reasoning of the decisions of the Supreme Court of the United States such as that in the case of the Federal Power Commission v. East Ohio Gas Company 338 US 464, upholding an order of that Commission assuming jurisdiction over a natural gas company engaged strictly in the distribution and sale of natural gas wholly within the borders of the State of Ohio. Also, the recent ruling reading into the 13th Section of the Interstate Commerce Act the power to give weight to the nation-wide passenger train deficit in overruling the order of the Florida Railroad and Public Utilities Commission and substituting its own schedule of intrastate rates for application within Florida as held in Florida Railroad and Public Utilities Commission v. Interstate Commerce Commission (Dkt. No. 9, October Term U. S. Supreme Court 1952) decided December 22, 1952, and

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Whereas, under the ever-expanding construction and application of the Shreveport principle the Interstate Commerce Commission has virtually usurped the power of the States in the field of railroad rate making leaving to local authority only those matters having to do with the provisions for service, and Whereas, the amendments to Section 13 of the Act as proposed in Senate Bill 281 would invade and usurp the police powers of the State and completely strip local authority of all jurisdiction and control over all matters having to do with the provision for or curtailment of railroad depot and station facilities, side tracks, passenger train and freight train services and thus deprive the States of this last vestige of regulation over railroads. Now therefore, be it resolved, that the Congress of the United States be and it is hereby memorialized to enact such amendatory and corrective legislation as will accurately define the respective spheres of State and Federal authority in the field of utility regulation so as to remove Federal control and interference in those areas which are now completely and adequately regulated on the State level, and that will re-state the congressional intent which has been distorted by Supreme Court rulings, and Be it further resolved, that the Congress be memorialized to re-state the true and original legislative intent of Section 13 of the Interstate Commerce Act so as to restore to local authority the regulation of those matters of primary local concern and that any and all such proposals as that contained in the provisions of Senate Bill 281 to further invade local authority be summarily rejected and defeated, and Be it further resolved, that the Secretary of the Senate of Georgia and the Clerk of the House of Representatives of Georgia be instructed to transmit a copy of this memorial to the appropriate officers of the Senate and the House of Representatives of the national

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Congress for inclusion in the Congressional Record. Approved March 2, 1953. AIR FORCE ACADEMY IN SPALDING COUNTYMEMORIAL TO STATE DELEGATION IN CONGRESS. No. 41 (House Resolution No. 188). A Resolution. Urging the Georgia Congressional Delegation to support legislation for the establishment of an Air Force Academy in Spalding County, Georgia; and for other purposes. Whereas, it is proposed that a United States Air Force Academy be established similar to the Army Academy at West Point and the Naval Academy at Annapolis; and Whereas, the establishment of such an Air Force Academy would be of great benefit to the entire nation; and Whereas, there is pending in Congress House Resolution No. 385 which was introduced by Congressman Sidney Camp, of Georgia, which proposes that an Air Force Academy be established and that such academy be located in Spalding County, Georgia; and Whereas, Spalding County was the only location in the State of Georgia and one of the fourteen locations in the United States which were selected to be placed on the approved list of locations for the establishment of said academy; and Whereas, the establishment of such an academy in

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Spalding County would be of untold benefit to the State of Georgia, and would provide the academy with an ideal location from the standpoint of geography, weather, manpower, and State and county support; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Georgia Delegation in Congress be urged and requested to support House Resolution No. 385 and exert all possible effort towards effecting its passage. Be it further resolved that the Clerk of the House send a copy of this Resolution to each member of the Georgia Congressional Delegation. Approved March 2, 1953. EXCHANGE OF LANDS IN HARRIS COUNTY AUTHORIZED. No. 42 (Senate Resolution No. 11). A Resolution. Authorizing the Governor to negotiate with the proper parties for the swapping of land owned by the State in Land Lot 18 in the 2nd District of Harris County for all of the land contained in Land Lot 13 in the same district and county for State park purposes; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Whereas, the State of Georgia owns all of the land contained in Land Lot 18 in the 2nd District of Harris County, Georgia; and, Whereas, Mrs. J. B. Peavy owns all of the land contained in Land Lot 13 in the 2nd Land District of Harris County, Georgia; and

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Whereas, said land owned by Mrs. J. B. Peavy is better suited for State park purposes than that land owned by the State of Georgia in said Land Lot 18 in that it would serve to square up the present State park property and make Land Lot 18 available for the development of a Girl Scout camp; and Whereas, an inspection of said lands by the engineer of the Department of State Parks reveals that there is not a great deal of difference in the value of the land nor the standing timber thereon; and Whereas, the Director of the Department of State Parks believes it to be to the best interest of the State to swap or exchange all of the lands contained in said Land Lot 18 now owned by the State for all of the land contained in said Land Lot 13 on the basis of appraisals of both the land and timber and on the basis of an even swap, dollar for dollar value: Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia, acting for and on behalf of the State of Georgia, is hereby authorized in his discretion to trade, swap or exchange all of the land contained in Land Lot 18 of the 2nd District of Harris County, Georgia owned by the State of Georgia for all of the land contained in Land Lot 13 in the 2nd District of Harris County, Georgia owned by Mrs. J. B. Peavy, upon such terms and conditions as he may determine will be to the best interest of the State of Georgia. The Governor of Georgia is further authorized to execute and deliver for and on behalf of the State of Georgia such deed or other documents as are necessary to consummate such exchange of said properties. Approved March 2, 1953.

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HIGHWAYSEROSION CONTROL. No. 43 (Senate Resolution No. 25). A Resolution. Requesting the State Highway Department to take measures to prevent erosion on the shoulders of highways; and for other purposes. Whereas, a great deal of destruction is being caused by erosion along the shoulders and backslopes of highways which causes streams to be filled with silt and farm lands to become damaged; and Whereas, the shoulders of highways, unprotected by a grass sod and oftentimes made up of soft dirt, become hazardous to motorists; and Whereas, numerous automobile accidents have been caused by motorists running off the highway onto such shoulders; and Whereas, it is desirable that something be done to correct the situation described herein; Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the State Highway Department is hereby requested and urged to plant the necessary and appropriate vegetation on all shoulders, fills and backslopes of highways to prevent erosion, and that such vegetation be properly maintained by fertilization and mowing where needed, and that the State Highway Department employees be particularly careful that such vegetation is not destroyed by road machinery. Be it further resolved that the type and kind of vegetation used for this purpose be approved by the agricultural workers of each county in each Soil Conservation District in order that no plants or vegetation be planted which would become a pest to adjacent

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crop land, in order that the grasses or mixtures used shall not contain any noxious weed seed which would cause damage. Be it further resolved that the State Highway Department take measures so that the water which accumulates along the roads and ditches shall be properly disposed of so that it will not damage or flood adjacent land. Be it further resolved that a copy of this Resolution be sent to the Governor and the Chairman of the State Highway Board. Approved March 2, 1953. BACON COUNTYSPECIAL TAX. Proposed Amendment to the Constitution. No. 44 (House Resolution No. 49-220e). A Resolution. Proposing to the qualified voters an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, authorizing Bacon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in Bacon County; authorizing the county officers in charge of the physical affairs of the county to select a board of citizens from the county to sit with them and advise them respecting the use, employment and distribution of such funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia

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as follows: Section 1. Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, be amended by adding to the end of said Paragraph I the following: Provided, however, that Bacon County is authorized to levy a tax in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the county for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in Bacon County, and the county officers of said county are authorized to select a committee of citizens of the county to sit with them and advise them in the handling and distribution of such funds for the purposes stated. Tax for promoting industries. Section 2. 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 branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section IV, Paragraph I of the Constitution so as to provide that Bacon County may levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in Bacon County. Against ratification of amendment to Article VII, Section IV,

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Paragraph I of the Constitution so as to provide that Bacon County may levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries in Bacon County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Approved March 2, 1953. MOTOR VEHICLE REGISTRATION AND TAXATIONCOMMITTEE TO STUDY. No. 45 (Senate Resolution No. 31). A Resolution. Authorizing a committee to study the procedure for the registration of motor vehicles and the taxation thereof; and for other purposes. Whereas, during the past several years only small quantities of steel and aluminum has been allocated to the States for the manufacture of automobile tags; and

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Whereas, several of the States have made provisions to provide date tabs, clips, or stickers to be used as a substitute for new automobile license plates for 1953 and 1954; and Whereas, there is a demand for issuing of automobile tags through a designated county official; and Whereas, duplication, confusion and other difficulties may arise in the changing of the method of issuing automobile license plates unless a careful and thorough study be made as to the procedure to be followed so that an accurate and complete record may be kept of the automobiles registered and provisions be made for assuring the registration of all automobiles and other motor vehicles as required by law; and Whereas, a study should also be made as to the taxation of automobiles in this State, together with the payment of a tax imposed upon automobiles and other motor vehicles; Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that a committee of seven (7) be appointed to make a study of the assessing laws and administrative procedure for the registration of automobiles and other motor vehicles in the various States and to enquire as to the types of registration used in such States, the same to be composed of the President of the Senate, the Speaker of the House of Representatives, with two (2) members of the Senate to be appointed by the President of the Senate, and three (3) members of the House of Representatives to be appointed by the Speaker. Be it further resolved that it shall be the duty of said committee to study the taxes imposed upon automobiles and other motor vehicles with the procedure for assessment and collection of any taxes imposed. Be it further resolved that said committee shall perfect its organization and meet at such time and such

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places as may be determined after the adjournment of the General Assembly, and shall submit a report to the Governor by November 1, 1953, with its recommendations as to changes needed in either the laws of this State or the administrative procedure for the registering and licensing of automobiles and other motor vehicles, as well as the collection of any taxes imposed upon such vehicles. The budget authority is authorized to make available to the committee such funds as may be necessary and needed for the work of the committee, the same to be paid out of the regular appropriation made for the operation of the General Assembly. Approved March 2, 1953. SALE OF STATE OWNED STOCK. No. 46 (House Resolution No. 147-515d). A Resolution. To provide that the Governor and the State Treasurer be authorized and directed to sell the 440 shares of stock owned by the State in the Southern and Atlantic Telephone Company, endorsed by the Western Union Telegraph Company, at a price of not less than $10.00 per share. Whereas, the State of Georgia is the owner of 440 shares of stock in the Southern and Atlantic Telephone Company, endorsed by the Western Union Telegraph Company, and Whereas, the income to the State from said stock is of such a small amount that it is not feasible for the State to continue holding said stock, and Whereas, there is no indication that the value of said stock will increase in the foreseeable future to a

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degree sufficient to render the holding of said stock practical, and Whereas, bids have been received on said stock, and an investigation made of its value by the State Treasurer, the results of which demonstrate the fair value of said stock to be ten ($10.00) dollars per share; Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor and the State Treasurer are hereby authorized and directed to sell and dispose of the State's said interest in said 440 shares of stock at a price of not less than ten ($10.00) dollars per share, the proceeds from such sale to go into the general funds of the State treasury. Approved March 2, 1953. CONVEYANCE OF LAND IN BUTTS COUNTY AUTHORIZED. No. 47 (House Resolution No. 111-337o). A Resolution. Authorizing the Governor, acting for and on behalf of the State of Georgia, to convey certain property in Butts County in exchange for property deeded to the State of Georgia in Indian Springs State Park, and Whereas on the second day of June, 1951, the New Elder House Hotel at Indian Springs, Georgia, deeded to the State of Georgia for park purposes certain tracts or lots of land known as Lots 8 and 27 and parts of Lots 9, 43 and 55 as more particularly described in said deeds, which lie southwesterly of Aboothlacoosta Creek, same being adjacent to the Indian Springs State Park; these lots now being used for recreational purposes as part of said State park, and Whereas it was agreed upon by parties to the above

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transaction as a part of the consideration in deeding said lots to the State of Georgia, that the State of Georgia deed to the New Elder House Hotel at Indian Springs, Georgia, all of Lot 28 and a small triangular area consisting of approximately one-half acre lying north and east of Aboothlacoosta Creek and due west of boundary of Tract 55 being the northeast corner of Tract 54, lying north and east of said creek, the purpose of the exchange of said property being to consolidate the property of said park lying south and west of Aboothlacoosta Creek and making the property more usable for park purposes; all of the lots and tracts above referred to being shown on a plat of survey dated March 1828, by Hugh McDonald, surveyor, and on record in the office of the Secretary of State of the State of Georgia and also being shown by plat of survey by J. R. Bracewell and Associates, Inc., professional surveyors; dated February 7, 1952, and revised March 20, 1952, being a map of Indian Springs, Georgia, a copy of which is in the office of the Department of State Parks, Historic Sites and Monuments. 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 tract or parcels of land as above described to the New Elder House Hotel, a corporation of the State of Georgia. Be it further resolved that immediately upon the execution and delivery of such deed to said land to said New Elder House Hotel, the title to the same shall vest in said New Elder House Hotel. Approved March 2, 1953.

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FINES IN TRAFFIC CASESDISPOSITION OF. No. 393 (House Bill No. 454). An Act to amend an Act defining and enlarging the jurisdiction of the courts of ordinary with relation to certain cases, approved February 16, 1938 (Ga. Laws 1937-38 Extra Session, p. 558), as amended, so as to provide for the method of payment of the remainder of fines into the county or municipal treasury to be used for general purposes; to provide for the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to define and enlarge the jurisdiction of courts of ordinary, in those counties having no city courts or county courts, and of municipal courts, police courts, so as to enable such courts to dispose of misdemeanor cases arising under the provisions of the Act approved March 19, 1937, commonly called the Georgia State Highway Patrol Act of 1937, which is the Act creating `A Department of Public Safety,' as found on pages 322-355 of Georgia Laws for the year 1937, and to enable such courts to dispose of other offenses relating to traffic upon the public roads, streets and highways of this State wherein the penalty for the offense does not exceed that of a misdemeanor; to provide the manner in which a defendant shall be brought before said courts and the procedure therein; to provide what costs shall be charged and collected in said courts; to provide the manner of disposing of cases brought before the courts named, for keeping of a record and disposition of the fines collected; to provide for appeal from the decisions of such courts; pursuant to an amendment to the Constitution of Georgia ratified on June 8, 1937, and to be found in Georgia Laws 1937, pages 1116-1118, inclusive, as published, and for other purposes, approved February 16, 1938 (Ga. Laws 1937-38

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Extra Session, p. 558), as amended, is hereby amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Sec. 7, Act of 1937, amended. Section 7. The defendants who shall plead guilty or who shall be convicted under this Act shall be required to serve such sentence in such manner as is now provided for by the law of this State in misdemeanor cases, and in case a fine is imposed and paid, the officers of court (where on fee basis) shall be first paid their costs arising in such case, and after the payment of all costs, the remainder of such fine or fines shall be paid into the county treasury in the event the case is disposed of by the court of ordinary, and if the said case be disposed of by the municipal court or police court of an incorporated municipality, the remainder of such fine or fines shall be paid into the treasury of such municipality wherein such court is located. Except that where such courts have jurisdiction beyond the corporate limits of a municipality, and the offense occurs outside of such municipality, the fine shall be paid into the county treasury. It shall be the duty of the ordinary, or the person presiding over the municipal court or police court, to pay into the county treasury or municipal treasury by the 15th day of each month the remainder of all fines for the preceding month. Such payment shall be accompanied by a list of the names of the defendants, the fines imposed, the costs in the case and to whom paid, and the balance which is being paid into the treasury. The officer making such payment shall be given a written receipt by the treasurer receiving the same. No officer receiving a salary shall receive any fees for arresting or attending court in any case arising under this Act, but the usual fees shall be assessed, and if the arresting officer is not entitled to the costs, the same shall go to the county or city to which the fine is paid. Disposition of fines. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1953.

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CONCENTRATED FEEDING STUFFS. Code 42-205, 42-209 Amended. No. 394 (House Bill No. 381). An Act to amend Section 42-205 and 42-209 of the Code of Georgia of 1933, relating to inspection fees and tax stamps for concentrated commercial feeding stuffs, so as to provide for the issuance of permits authorizing a report in lieu of such tax stamps; to provide the procedure therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 42-205 of the Code of Georgia of 1933, relating to inspection fees for concentrated feeding stuffs, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Code 42-205 amended. 42-205. Each manufacturer, manipulator, importer, jobber, agent, or seller of any concentrated commercial feeding stuffs, shall pay to the Commissioner of Agriculture an inspection tax of 20 cents per ton for each ton of such concentrated feeding stuffs sold or offered or exposed for sale, and unless using the reporting system, shall affix to each car shipped in bulk, and to each bag, barrel, or other package of such concentrated feeding stuff, a stamp to be furnished by the Commissioner of Agriculture indicating that all charges specified in this section have been paid. The inspection tax on cottonseed meal shall be 10 cents per ton. The inspection tax shall not apply to cottonseed hulls, hays and straws, whole seeds and grains and pure meals made from whole grains and seeds not mixed with other substances, but sold separately as distinct articles of commerce. Should any such material otherwise exempt be mixed or adulterated with any substance for the purpose of sale, the package in which it is contained, or in which it is offered for sale,

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shall have plainly marked or indicated thereon the true composition of the mixture or the character of the adulteration. Tax stamps shall be in denominations as follows: One-half cent, three-quarters cent, one cent, one and one-quarter cents, one and one-half cents, one and three-quarter cents, two cents, and multiples thereof. The Commissioner of Agriculture shall prescribe the form of such tax stamps. Whenever a manufacturer, importer, or jobber of a concentrated feeding stuff shall have filed the statement named in Section 42-202, and paid the inspection tax, no agent or seller for said manufacturer, importer, or jobber shall be required to file such statement or pay such tax. Inspection tax. Stamps. Section 2. Section 42-209 of the Code of Georgia of 1933, relating to tax stamps for concentrated feeding stuffs, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Code 42-209 amended. 42-209. (a) Each manufacturer, manipulator, importer, jobber, seller, or agent thereof, who has registered concentrated feeding stuffs in compliance with this Chapter, unless using the reporting system, shall forward to the Commissioner of Agriculture a request for tax stamps, stating that said stamps are to be used upon brands of feeding stuffs registered in accordance with this Chapter, and said request shall be accompanied by the sum of 20 cents per ton as an inspection tax, except in case of cottonseed meal, where the tax of 10 cents per ton shall be paid; whereupon it shall be the duty of the Commissioner of Agriculture to issue stamps to the party applying, who shall attach a stamp to each bag, barrel, or package thereof, which, when attached to said package, shall be prima facie evidence that the seller has complied with the requirements of this Chapter. Any stamps left in the possesion of the manufacturer, manipulator, importer, jobber, or agent, may be used in another season. (b) Any such manufacturer, manipulator, importer, jobber, seller, or agent thereof, may make application

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to the Commissioner of Agriculture for a permit to report the tonnage of concentrated feeding stuffs sold and pay the inspection tax therefor on the basis of such report in lieu of affixing inspection tax stamps. The Commissioner of Agriculture may, in his discretion, grant authority to such permit. The issuance of such a permit shall be conditioned upon the agreement by the applicant that such records as may be necessary shall be kept to indicate accordingly the tonnage of concentrated feeding stuffs sold in the State. Such records must be satisfactory to the Commissioner of Agriculture, and the applicant must agree to grant the Commissioner, and his duly authorized representatives, to examine such records and verify the statements of tonnage. Reports in lieu of stamps. The Commissioner, in his discretion, may allow any such manufacturer, manipulator, importer, jobber, seller, or agent thereof, to make the tonnage report and payment of inspection tax fees either monthly or quarterly. If such report and payment is made on a monthly basis, the same shall be due and payable on or before the 15th day of each month and shall cover the tonnage and kind of concentrated feeding stuffs sold during the past month. If such report and payment is made on a quarterly basis, the same shall be due and payable on or before the 15th day of the fourth month and shall cover the tonnage and kind of concentrated feeding stuffs sold during the past three months. The report shall be made under oath on forms furnished by the Commissioner of Agriculture. If the report and the inspection tax fees are not in the hands of the Commissioner by the 10th day following the final due date, or if the report of tonnage be false, the Commissioner may revoke the permit and may also cancel all registrations of concentrated feeding stuffs which the offending party may have on file, or in lieu thereof may add a 10% penalty to the correct amount due, which shall be collectible against the bond required. In order to guarantee faithful performance with the provisions of Subsection (a), each manufacturer, manipulator, importer, jobber, seller, or agent thereof, before being granted a permit to use the reporting system, shall post with the Commissioner a surety

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bond in an amount to be determined by the Commissioner, but not less than $1,000.00 nor more than $5,000.00, executed by a surety company authorized to do business in Georgia. The Commissioner shall approve all bonds before acceptance. Bond. In the event any such permit is granted, the number thereof must be shown on the analysis tag or on the container. No holder of a permit shall be allowed to use the tax stamp method at any time such permit is valid. All holders of such permits must report all shipments of feed and feeding stuffs, including those not subject to an inspection tax. Section 3. This Act shall become of full force and effect on July 1, 1953. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1953. CONDEMNATION OF RIGHTS OF WAY, BORROW PITS, ETC. Code 97-1715 Amended. No. 395 (House Bill No. 115). An Act to repeal Section 95-1715 of the official Code of Georgia of 1933 as amended by an Act approved March 8, 1945 (Ga. Laws 1945, pp. 258, 259), providing for the condemnation of rights of way by permitting condemnation of property for public roads and by permitting condemnation for borrow pits; to repeal conflicting laws and for other purposes, and to substitute therefor a new Section 95-1715 to provide for the condemnation or acquisition of rights of way, borrow pits and drainage ditches and to provide for the acquisition of sites necessary for the construction and maintenance of wayside parks and maintenance barns and sheds and other necessary structures by permitting

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condemnation or acquisition of property for rights of way, borrow pits and drainage ditches and permitting the acquisition of sites necessary for wayside parks and maintenance sheds and barns and other necessary structures; to define borrow pits and 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 Section 95-1715 of the Code of Georgia of 1933 as amended by Act approved March 8, 1945, (Ga. Laws 1945, pp. 258, 259), relating to the condemnation of property for rights of way for public roads and borrow pits, be and the same is hereby repealed and a new Section 95-1715 is hereby substituted in lieu thereof, which new section shall read as follows: Code 95-1715 amended. The State Highway Department of Georgia shall have authority to plan and to construct, improve and maintain the State-aid roads in any manner it may deem expedient, by free labor, by contract, or by any other method or combination of methods, in its discretion. In so doing said Highway Department is hereby authorized and empowered to condemn and acquire rights of way for maintaining, improving, and constructing said State-aid roads. The State Highway Department of Georgia is also authorized and empowered to condemn and acquire lands for borrow pits and drainage ditches which may be necessary or useful in the improving, construction, reconstruction, widening, laying out, altering, grading, paving, draining or repairing any State-aid roads in this State. The term borrow pit as used in this Act shall not be construed as being required to be immediately adjacent or contiguous to the road or project under construction, repair or reconstruction. The State Highway Department of Georgia is also authorized to acquire lands necessary or useful for the construction and maintenance of wayside parks, and sites for the erection of maintenance sheds and barns and other necessary structures. Authority of State Highway Department.

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Section 2. All laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 3, 1953. SECURITIES ACT. No. 397 (Senate Bill No. 132). An Act to provide that the Secretary of State of the State of Georgia shall be the Commissioner of Securities of this State, to define and classify securities and regulate the sale thereof; to provide for the license of dealers in securities, their agents and salesmen and fix fees therefor, to provide for registration for the sale of securities in this State, to provide that certain securities shall be exempt from registration and to provide that certain transactions shall be exempt from the provisions of this Act, to provide for remedies for the violation of provisions of this Act, to provide penalties for failure to observe the provisions of this Act, to provide for revocation or suspension of license of dealers and salesmen and for hearings in regard thereto, to repeal an Act approved August 17, 1920, entitled An Act to create and establish a Securities Commission, to provide the membership of said commission, and define the duties and regulate the sale thereof, to provide for the license of dealers in securities and their agents, to fix fees therefor, to provide a penalty for violation of this Act, and for other purposes, the Act approved August 21, 1922, amending the aforesaid Act so as more fully to define, classify and regulate said securities; to provide for the license of all dealers, other than the issuers of such securities and of their agents; to revise the fees heretofore fixed for licenses; to regulate the sale of real estate in certain cases; to give greater latitude to the Securities Commission in classifying securities and regulating their sale; to increase penalties for the violation of

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the Act; and for other purposes, and the Acts amendatory thereof approved March 23, 1933, and March 2, 1937, effective as of the date of the approval hereof but leaving of full force and effect the said Acts insofar as they relate to any acts done or offenses committed or licenses granted under the provisions thereof and for other purposes. Section 1. DEFINITIONS . When used in this Act, unless the text otherwise indicates: (a) Commissioner shall mean the Commissioner of Securities of this State. Definitions. (b) Dealer shall mean every person, other than a salesman, who engages in this State, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business of offering, buying, selling or other dealing or trading in securities issued by another person. Registered dealer shall mean a dealer registered under this Act. (c) Offer to sell or offer for sale shall mean every attempt or offer to dispose of, or solicitation of an order or offer to buy, a security or interest in a security for value. Every sale or offer for sale of a warrant or right to subscribe to another security of the same issuer or of another issuer, and every sale or offer for sale of a security which gives the holder thereof a present or future right or privilege to convert such security into another security of the same issuer or of another issuer, shall be deemed an offer to sell the security to be acquired by such subscription or conversion. (d) Person shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust or any other unincorporated organization. (e) Sale or sell shall mean every sale or other disposition of a security or interest in a security for

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value, and every contract to make any such sale or disposition. Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other things, shall be conclusively presumed to constitute a part of the subject of such purchase and to have been sold for value. (f) Salesman shall mean an individual other than a dealer, employed or appointed or authorized by a dealer or by an issuer to sell securities in this State. The partners or executive officers of a dealer shall not be deemed to be salesmen within the meaning of this definition. Registered salesmen shall mean a salesman registered under this Act. (g) Security shall mean any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificates of indebtedness, investment certificates, certificate of interest or participation, certificate of interest in oil, gas or other mineral rights, collateral trust certificates, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate or beneficial interest in title to property, profits or earnings, or any other instrument commonly known as a security, including any guarantee of, temporary or interim certificate of interest or participation in, or warrant or right to subscribe to, convert into or purchase, any of the foregoing. Section 2. ADMINISTRATION OF ACT. (a) The administration of the provisions of this Act shall be vested in the Secretary of State acting as Commissioner of Securities. (b) The Commissioner shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this Act. The Commissioner shall cooperate with the administrators of the securities laws of other States and of the United States with a view to achieving

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maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. Administration of Act. (c) The Commissioner shall have authority to employ examiners, clerks and stenographers and other employees as the administration of this law may require whose salaries shall be fixed by the Commissioner. (d) The Commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this law; Provided, however, that any party affected adversely by any ruling of his shall have the right of appeal within 30 days thereafter in the Superior Court of Fulton County, Georgia. (e) The Commissioner, or any person employed by him, shall be paid, in addition to their regular compensations, the transportation fare, board, lodging and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this Act. (f) All fees collected under this Act shall be turned into the State Treasury. Section 3. NOTICE OF INTENTION TO SELL SECURITIES. It shall be unlawful to sell any securities within this State, except those exempt under Section 5 or those sold in transactions exempt under Section 6, until there shall have been filed with the Commissioner by a registered dealer or the issuer a notice of intention to sell such securities containing the information subscribed in Subsection (a), the prospectus meeting the requirements of Subsection (b) and payment of the filing fee subscribed in Subsection (c). Notice of intention to sell securities. (a) A notice of intention to sell shall contain the following information:

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(1) Name and address of main office of issuer of the securities. (2) Title of the securities and total amount of the securities to be offered. (3) Price at which the securities are to be offered for sale to the public, amount of such securities to be offered in this State, and amount of filing fee. (4) If the securities are registered under the Federal Securities Act of 1933, the effective date of such registration. (5) Name of the registered dealer by whom the notice is filed. (b) A prospectus regarding the securities described in a notice of intention to sell shall contain the following information: (1) Name and address of main office of issuer of securities. Title of securities and total amount of such securities to be offered. (3) Price at which securities are to be offered for sale to the public. (4) Maximum amount of commission or other form of remuneration to be paid in cash or otherwise, directly or indirectly for or in connection with the sale or offering for sale of such securities. (5) Date and place of organization of the issuer and form of organization of the issuer. (6) The purpose of incorporation (if incorporated) and a detailed statement of the general character of the business actually transacted or to be transacted by the issuer.

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(7) A statement of the capitalization of the issuer. (8) The specific purposes in detail and the approximate amounts to be devoted to such purposes, so far as determinable, for which the securities are to raise funds. (9) The names and addresses of the directors, trustees and officers, if the issuer be a corporation or association or trust; of all partners, if the issuer be a partnership, and of the issuer, if the issuer be an individual. (10) A balance sheet as of a date not more than 90 days prior to the date of filing, and, if such balance sheet is not certified by an independent certified public accountant, also a balance sheet certified by an independent certified public accountant as of a date not more than one year prior to the date of filing unless the fiscal year of the issuer has ended within 90 days to the date of filing in which case the certified balance sheet may be as of the end of the preceding fiscal year. (11) A profit and loss statement for each of the three fiscal years preceding the date of the most recent balance sheet filed and for the period, if any, between the close of the most recent of such fiscal years and the date of the most recent balance sheet filed, or, if the issuer has been in existence for less than three fiscal years, a profit and loss statement for the period preceding the date of the most recent balance sheet filed. These statements shall be certified up to the date of the most recent certified balance sheet filed. (12) A detailed statement showing the items of cash, property, services, patents, good will and any other consideration for which any securities of the issuer have been within two years or are to be issued in payment. If the securities described in a notice of intention to sell are registered under the Federal Securities Act of 1933 the Commissioner shall accept in lieu of the prospectus prescribed in this subsection the prospectus filed under the Federal Securities Act of 1933 with all amendments

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to that prospectus as of the date on which the notice of intention to sell is filed under this section. (c) The filing fee shall be 1/20th of 1% of the aggregate offering price of the securities to be offered for sale in this State, but in no case shall such filing fee be less than $25.00. (d) When a notice of intention to sell, a prospectus meeting the requirements of Subsection (b) and payment of the subscribed filing fee have been filed with the Commissioner, the securities described in such notice may be sold in this State by all registered dealers and by registered salesmen employed by such dealers, and by the issuer if the issuer is a resident of the State of Georgia and if the issuer is not a resident of the State of Georgia, such securities may be sold only after the issuer shall have filed with the Commissioner a consent to service of process provided for in Section 10 hereof. (e) The Commissioner may make such investigation of any securities described in a notice of intention to sell filed with him as he may deem advisable to enable him to determine whether the sale of such securities would work or tend to work a fraud on purchasers thereof. If the Commissioner finds from the information disclosed or in his posession that the sale of securities described in a notice of intention to sell would work or tend to work a fraud on purchasers thereof, he may at any time enter an order forbidding the further sale of such securities in this State and those securities shall not be sold in this State while the order forbidding their sale remains in effect. Such an order shall remain in effect until it is revoked by the Commissioner. Upon the entry of an order forbidding the further sale of specified securities or of an order revoking an order forbidding the sale of specified securities, the Commissioner shall send a copy of such order to the issuer of such securities and to all registered dealers. (f) Whenever the Commissioner has issued an order forbidding the sale of any securities, he shall promptly

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send a notice of opportunity for hearing, as provided in Section 8, to the issuer of such securities and to registered dealers who filed a notice of intention to sell such securities. Section 4. REGISTRATION OF DEALERS AND SALESMEN. No dealer or salesman shall offer for sale or sell any securities within or from this State, except in transactions exempt under Section 6, unless he is registered as a dealer or salesman pursuant to the provisions of this section. Registration. (a) Dealers. Application for registration as a dealer may be made by any person. Such application for registration shall be made in writing in a form prescribed by the Commissioner, shall be signed by the applicant, duly verified by oath, shall be filed in the office of the Commissioner, and shall contain the following information: Dealers. (1) The name of the applicant. (2) The address of the principal place of business of the applicant and the addresses of all branch offices, if any, of the applicant in this State. (3) The form of business organization and the date of organization of the applicant. (4) The names and business addresses of all members, partners, officers, directors, trustees or managers of the applicant; a statement of the limitations, if any, of the liability of any partner, member, manager or trustee; and a statement setting forth in chronological order the occupational activities of each such partner, member, officer, director, trustee or manager during the preceding ten (10) years. (5) A brief description of the general character of the business conducted or proposed to be conducted by the applicant.

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(6) A list of any other States in which the applicant is registered as a dealer, and, if registration of the applicant as a dealer has ever been refused, cancelled, suspended or withdrawn in any State, full details with respect thereto. (7) Whether the applicant is registered as a dealer under the Securities Exchange Act of 1934 or any Act adopted in amendment thereof and whether any such registration of the applicant has ever been denied, revoked or suspended or is then the subject of proceedings for revocation or suspension by the Securities and Exchange Commission. (8) The names of all organizations of dealers or brokers of which the applicant is a member or before which any application for membership on the part of the applicant is then pending, and whether any such membership of the applicant has ever been denied, revoked or suspended or is then the subject of proceedings for revocation or suspension. (9) The names of any securities exchanges of which the applicant or any of its partners, officers, directors, trustees, members, managers or employees is a member, and whether any such membership has ever been denied, revoked or suspended or is then the subject of proceedings for revocation or suspension. (10) A financial statement or balance sheet, prepared in accordance with standard accounting practice, showing the financial condition of the applicant as of the most recent practicable date prior to the date of such application, such financial statement or balance sheet to be certified to by an independent certified public accountant. (11) Whether applicant or any officer, director, partner, member, trustee or manager of the applicant, has ever been convicted of or charged with a felony or any misdemeanor of which fraud is an essential element

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and, if so, all pertinent information with respect to any such conviction or charge. The Commissioner may also require such additional information as to the previous history, record or association of the applicant, its officers, directors, employees, members, partners, managers or trustees as he may deem necessary to establish whether or not the applicant should be registered as a dealer under the provisions of this Act. There shall be filed with such application (i) an irrevocable written consent to the service of process upon the Commissioner in actions against such dealer in the manner and form hereinafter provided in Section 10 and (ii) payment of the prescribed registration fee, which shall be returned if registration is refused. When an applicant has fully complied with the provisions of this subsection the Commissioner shall register such applicant as a dealer unless he shall find that the applicant is not of good business reputation, or is not solvent, or does not appear qualified by training or experience to act as a dealer in securities. When the Commissioner has registered an applicant as a dealer he shall immediately notify the applicant of such registration. (b) Salesmen. Application for registration as a salesman may be made by any individual. Such application for registration shall be made in writing in a form prescribed by the Commissioner, shall be signed by the applicant and by the registered dealer or issuer employing or proposing to employ such applicant, duly verified by oath, shall be filed in the office of the Commissioner, and shall contain the following information: (1) Name and residence and business address of the applicant. (2) Name of the dealer employing or proposing to employ the applicant.

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(3) Names and addresses of three persons of whom the Commissioner may inquire as to the character and business reputation of the applicant. (4) Applicant's age and education. (5) The nature of employment and names and addresses of employers of the applicant for the period of ten years immediately preceding the date of application. (6) Other State or Federal laws under which the applicant has ever been registered as a dealer or salesman of securities, and, if any such registration has ever been refused, cancelled, suspended or revoked, full details with respect thereto. The Commissioner may also require such additional information as to applicant's previous business experience as he may deem necessary to determine whether or not the applicant should be registered as a salesman under the provisions of this Act. There shall be filed with such application payment of the prescribed registration fee, which shall be returned if registration is refused. When an applicant has fully complied with the provisions of this subsection the Commissioner shall register such applicant as a salesman unless he finds that such applicant is not of good business reputation, or does not appear to be qualified by training or experience to act as a salesman of securities, or that the dealer named on the application is not a registered dealer. When the Commissioner has registered an applicant as a salesman he shall immediately notify the applicant of such registration. Every registered dealer or issuer shall promptly notify the Commissioner of the termination of the employment by him of a registered salesman; and the registration of such salesman shall automatically be suspended from the time of termination of such employment until such

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time as he shall notify the Commissioner of his employment by another registered dealer. (c) Refusal of Registration. If, after affording an applicant a hearing or an opportunity for a hearing as provided in Section 8, the Commissioner finds that there is sufficient ground to refuse to register such applicant as provided in this section, he shall enter an order refusing to register such applicant. Such order shall state specifically the grounds for its issuance. A copy of such order shall be mailed to the applicant at his business address, and, if the application is for registration as a salesman, to the registered dealer who proposed to employ such applicant. Refusal of registration. If the Commissioner shall find that an applicant has been guilty of any act or omission which would constitute a sufficient ground for revocation of a dealer's or salesman's registration under Section 7 of this Act, such act or omission may constitute a sufficient ground for a finding by the Commissioner, under Subsection (a) or Subsection (b) of this section, that such applicant is not of good business reputation. (d) Record and Renewal of Registrations. The names and addresses of all persons who have been registered as dealers or salesmen, and all orders with respect thereto, shall be recorded in a Register of Dealers and Salesmen in the office of the Commissioner. Every registration under this section shall expire on the 31st day of December in each year. Registration of dealers and salesmen may be renewed each year, at any time not less than fifteen (15) and not more than sixty (60) days before the expiration thereof, by (i) the payment of the proper registration fee and (ii) in the case of a dealer, the filing of a financial statement, prepared in accordance with standard accounting practice and certified to by an independent certified public accountant, showing the financial condition of such dealer as of the most recent practicable date. Renewal of Record and Registrations.

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Upon any change in the proprietors, partners, officers or directors of a registered dealer, such registered dealer shall promptly notify the Commissioner in writing of such changes. The Commissioner shall record such changes, without fee, in the Register of Dealers and Salesmen. (e) Fees. The fee for registration and for each annual renewal thereof shall be: Fees. (1) For each dealer in this State $50.00 (2) For each salesman $10.00 Section 5. EXEMPT SECURITIES. Section 3 of this Act shall not apply to any of the following securities: (a) Securities issued or guaranteed by the United States, or by any State, Territory or insular possession thereof, or by any political subdivision of any such State, Territory or insular possession, or by the District of Columbia, or by any public agency or instrumentality of one or more of any of the foregoing. Exempt securities. (b) Securities issued by a national bank or a bank or credit or loan association organized pursuant to an Act of Congress and supervised by the United States or any agency thereof, or issued by a State bank, trust company or savings institution incorporated under the laws of this or any other State and subject to supervision by such State or by any agency thereof. (c) Securities issued by a building and loan association or an insurance company subject to supervision by an agency of this State. (d) Securities issued or guaranteed either as to principal, interest or dividend by a railroad or public utility if the issuance of its securities or the fixing of its rates and charges or the keeping of its books and accounts are regulated by any public authority of the United

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States, or of any State, Territory or insular possession thereof, or of the District of Columbia, or of the Dominion of Canada or any province thereof; also equipment trust certificates in respect of equipment conditionally sold or leased to a railroad or public utility, if other securities issued by such railroad or public utility would be exempt under this subsection. (e) Securities issued by a person organized and operated exclusively for religious, educational, benevolent, fraternal, charitable, social or reformatory purposes and not for pecuniary profit. (f) Securities fully listed, or regularly approved for full listing upon the issuance thereof, upon the New York Stock Exchange, the Midwest Stock Exchange, the American Stock Exchange, or any other stock exchange approved by the Commissioner as hereinafter provided; and all securities senior or equal in rank to any securities so listed or approved, or represented by subscription rights which have been so listed or approved. The Commissioner may by written order approve any stock exchange in addition to those specified in this subsection if he finds that it would be in the public interest for securities listed on such exchange to be exempt under this subsection. The Commissioner shall have power at any time by written order to withdraw the approval theretofore so granted. (g) Commercial paper maturing in not more than twelve months from date of issuance. Section 6. EXEMPT TRANSACTIONS. Except as hereinafter in this section expressly provided, Sections 3 and 4 of this Act shall not apply to any of the following transactions: Exempt transactions. (a) Any judicial, executor's, administrator's, guardian's, or conservator's sale, or any sale by a receiver or trustee in insolvency or bankruptcy.

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(b) The sale in good faith and not for the purpose of avoiding the provisions of this Act by a pledge of securities pledged for a bona fide debt. (c) An isolated transaction in which any securities are sold by or for the account of the owner of such securities, whether through a dealer or otherwise, if such transaction is not one of repeated and successive transactions of a like character, and if such owner or his representative is not the issuer or underwriter of such securities. (d) Stock dividends or other distributions by a corporation out of its earnings or surplus; or the issuance of securities to existing security holders or creditors of a corporation in a bona fide reorganization, merger, or consolidation of such corporation either in exchange for the securities or claims of such security holders or creditors, or partly in exchange therefor and partly for cash; or the sale or distribution of additional capital stock of a corporation to or among its own stockholders, where no commission or other remuneration is paid or given for soliciting or effecting such sale or distribution to stockholders. (e) The sale of securities to any bank, savings institution, trust company, insurance company, corporation or dealer, or to any organization or association a principal part of whose business consists of the buying of securities. (f) The issuance and delivery of securities of one corporation to the security holders of another corporation in exchange for all or substantially all of the assets of such other corporation or in connection with a consolidation or merger of such corporations. (g) The issuance and delivery of any securities in exchange for any other securities of the same issuer pursuant to a right of conversion entitling the holder of the securities surrendered in exchange to make such conversion.

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(h) The sale by a registered dealer, acting either as principal or agent, of securities heretofore sold and distributed to the public providing that such securities do not constitute the whole or a part of an unsold allotment to, or subscription or participation by such dealer as an underwriter of such securities or as a participant in the distribution of such securities by the issuer by an underwriter or by any person or group of persons owning beneficially one-fourth or more of all outstanding securities of the class being distributed. If the Commissioner finds that the sale of certain securities in this State would work or tend to work a fraud on purchasers thereof, he may revoke the exemption provided by this subsection (h) with respect to such securities by issuing an order to that effect and sending copies of such order to all registered dealers. (i) Subscription for shares of the capital stock of a corporation prior to the incorporation thereof when no commission or other renumeration is paid or given for or in connection with the subscription, and (1) the number of subscribers does not exceed 15 or (2) the amount raised by such subscriptions does not exceed twenty-five thousand ($25,000) dollars. Section 7. SUSPENSION OR REVOCATION OF DEALERS' AND SALESMEN'S REGISTRATION . The registration of any dealer or salesman may be suspended or revoked by the Commissioner if, after a hearing or opportunity for hearing as provided in Section 8, the Commissioner finds that such registrant: Suspension or revocation of registration. (1) Has wilfully violated any provision of this Act; or (2) Is, in the case of a dealer, insolvent; or (3) Has been guilty of any fraudulent act or practice in connection with the purchase or sale of any securities; or

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(4) Conducts business in purchasing or selling securities at such variations from current market prices as, in the light of all the circumstances, are unconscionable; or (5) Has failed to file with the Commissioner any list or financial statement required pursuant to subsection (a) of this section, or has refused to permit an examination into his affairs as provided by subsection (a) of this section. It shall be sufficient cause for suspension or revocation of registration of a dealer as provided in this section, in case of a partnership or corporation or any unincorporated association, if any member of a partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be sufficient ground for suspending or revoking the registration of an individual dealer. (a) Investigations and Examinations . The Commissioner may at any time require a registered dealer to file with him a list of the securities which such dealer has sold in this State within the preceding six months, or which such dealer is at the time offering for sale. The Commissioner may also at any time require a registered dealer to file with him a financial statement showing the financial condition of such dealer as of the most recent practicable date, but such financial statement need not be certified. Provided, however, that the Commissioner shall not require any registered dealer to file such a list or financial statement more than twice in any one year. It the Commissioner has reasonable grounds to believe that the registration of any registered dealer or salesman should be suspended or revoked upon any grounds specified in this section, the Commissioner or his agent may conduct an examination into the affairs of any such registered dealer or salesman. In making any such examination, the Commissioner or his agent shall have access to and may compel the production of

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all the books and papers of a registered dealer or salesman, and may administer oaths to and examine the officers and employees of such dealer as to his business and affairs. (b) Entry of Suspension or Revocation Order . If the Commissioner finds, after affording a registered dealer or a registered salesman a hearing or opportunity for hearing as provided in Section 8, that there are gounds to suspend or revoke the registration of such dealer or salesman, he may enter an order in the Register of Dealers and Salesmen suspending or revoking the registration of such dealer or salesman. Such order shall state specifically the grounds for its issuance. A copy of such order shall be sent by registered mail to the dealer or salesman whose registration is suspended or revoked thereby at his business address and, if the suspension or revocation is of the registration of a salesman, to the registered dealer who employs such salesman. Entry of suspension or revocation order. Suspension or revocation of the registration of a dealer shall also suspend or revoke the registration of all his salesmen; but suspension or revocation of the registration of a salesman solely because he was employed by a dealer whose registration was suspended or revoked shall not prejudice subsequent applications for registration by such salesman. Section 8. HEARINGS . Whenever the Commissioner has issued an order forbidding the sale of any securities, he shall promptly send to the issuer of such securities and to all persons who have filed notice of intention to sell such securities a notice of opportunity for hearing. Before entering an order refusing to register any person as a dealer or salesman as provided in Section 4, or suspending or revoking the registration of any person as a registered dealer or registered salesman as provided in Section 7, the Commissioner shall send to such person, and if such person be a salesman or an applicant for registration as a salesman to the registered dealer who employs or proposes to employ such salesman, a notice of opportunity for hearing. Hearings.

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(a) Notices of opportunity for hearing shall be sent by registered mail, return receipt requested, at the addressee's business address, and such notice shall state: (1) The order which the Commissioner has issued or proposed to issue; (2) The grounds for issuing such order or proposed order; (3) That the person to whom such notice is sent will be afforded a hearing upon request to the Commissioner if such request is made within ten days after receipt of the notice. (b) Whenever a person requests a hearing in accordance with the provisions of this section, the Commissioner shall immediately set a date, time and place for such hearing and shall forthwith notify the person requesting such hearing thereof. The date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by both the Commissioner and the person requesting such hearing. (c) For the purpose of conducting any hearing as provided in this section, the Commissioner shall have the power to call any party to testify under oath at such hearings, to require the attendance of witnesses, the production of books, records and papers, and to take the depositions of witnesses; and for that purpose the Commissioner is authorized, at the request of the person requesting such hearing or upon his own initiative, to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of the county where such witness resides or is found, which shall be served and returned. The fees and mileage of the sheriff and witness shall be paid from the fund in the State treasury for the use of the Commissioner in the same manner that other expenses of the Commissioner are paid.

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(d) At any hearing conducted under this section, a party or an affected person may appear in his own behalf or may be represented by an attorney. A stenographic record of the testimony and other evidence submitted shall be taken unless the Commissioner and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. The Commissioner shall pass upon the admissibility of evidence, but a party may at any time make objections to the rulings of the Commissioner thereon, and if the Commissioner refuses to admit evidence the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of such hearing. (e) In any hearing under this section, the Commissioner may conduct said hearing or he may appoint a referee to conduct said hearing who shall have the same powers and authority in conducting said hearing as are in this section granted to the Commissioner. Said referee shall have been admitted to the practice of law in this State and be possessed of such additional qualifications as the Commissioner may require. If a hearing is conducted by a referee such referee shall submit to the Commissioner a written report setting forth his findings of fact and conclusions of law and a recommendation of the action to be taken by the Commissioner. A copy of such written report and recommendations shall within 5 days of the time of filing thereof be served upon the person who requested the hearing, or his attorney or other representative of record, by registered mail. That person or his attorney may within 10 days of receipt of the copy such written report and recommendations, file with the Commissioner written objections to the report and recommendations which shall be considered by the Commissioner before entering a final order. No recommendation of the referee shall be approved, modified or disapproved, by the Commissioner until after 10 days after service of such report and recommendations as herein provided. The recommendations of the referee may be approved, modified or disapproved by the Commissioner.

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The Commissioner may order additional testimony to be taken or permit the introduction of further documentary evidence. A transcript of testimony and evidence, objections, if any, of the parties, and additional testimony and evidence, if, any, shall have the same force and effect as if such hearing or hearings had been conducted by the Commissioner. All recommendations of the referee to the Commissioner shall be advisory only and shall not have the effect of an order of the Commissioner. (f) If the Commissioner does not receive a request for a hearing within the prescribed time he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this section, the Commissioner shall issue a written order which shall (i) set forth his findings with respect to the matters involved and (ii) enter an order in accordance with his findings. Section 9. APPEALS . An appeal may be taken from any order of the Commissioner by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Commissioner within 20 days after the date of entry of such order a written notice of appeal, signed by the appellant, stating: (1) The order from which the appeal is taken; (2) The grounds upon which a reversal or modification of such order is sought; and Appeals. (3) A demand for a certified transcript of the record of such order. (a) Upon receipt of such notice of appeal, the Commissioner shall, within 10 days thereafter, make, certify and deliver to the appellant a transcript of the record of the order from which the appeal is taken; provided, that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within 5 days after receipt of such transcript, file such transcript and a copy

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of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court. (b) If the order of the Commissioner shall be reversed, the court shall by its mandate specifically direct the Commissioner as to his further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, or restrictions to be therein contained. Section 10. CONSENT TO SERVICE. Where a consent to service of process is required under this Act, such consent to service of process shall be in the form prescribed by the Commissioner, shall be irrevocable, and shall provide that actions arising out of or founded upon the sale of any securities in violation of this Act may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this State, by the service of process or pleadings upon the Commissioner. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Commissioner shall, if made on the Commissioner, be by duplicate copies, one of which shall be filed in the office of the Commissioner and the other immediately forwarded by the Commissioner by registered mail to the person against whom such process or pleadings are directed at his latest address on file in the office of the Commissioner. Consent to service. Section 11. FRAUDULENT PRACTICES. It shall be a fraudulent practice and it shall be unlawful: (a) For any person knowingly to subscribe to, or make or cause to be made any material false statement or representation in any application, financial statement or other document or statement required to be filed under any provision of this Act; or Fraudulent practices. (b) For any person, in connection with any transaction

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or transactions in this State which involve any offer to sell or to buy securities, or any sale or purchase of securities, including securities exempted under the provisions of Section 5 and including any transactions exempted under the provisions of Section 6, either directly or indirectly (1) to employ any device, scheme, or artifice to defraud, or (ii) to engage in any act, practice, transaction or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller. Section 12. INJUNCTION AND PROSECUTION OF VIOLATIONS. Whenever it may appear to the Commissioner, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this Act or by any order of the Commissioner issued pursuant to any section of this Act or which is declared to be illegal under this Act the Commissioner may, at his discretion, act under either or both of the following two subsections. Injunction and prosecution of violations. (1) Apply to the Superior Court of any county in this State for an injunction restraining such person and his agents, employees, partners, officers and directors, from continuing such act, practice or transaction or engaging therein or doing any acts in furtherance thereof, and for such other and further relief as the facts may warrant; or (2) Transmit such evidence as may be available concerning such act, practice or transaction to the Attorney-General who may, in his discretion, institute the necessary criminal proceedings. (a) In any proceeding for an injunction, the Commissioner may apply for and be entitled to have issued the court's subpoena requiring (i) the appearance forthwith of any defendant and his agents, employees, partners, officers or directors, and (ii) the production of such documents, books and records as may appear necessary

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for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this section, the court may grant such injunction as the facts may warrant. (b) In any criminal proceeding, the solicitor may apply for and be entitled to have issued the court's subpoena requiring (i) the appearance forthwith of any defendant and his agents, employees, partners, officers or directors, and (ii) the production of such documents, books and records as may appear necessary for the prosecution of such criminal proceedings. The court may impose upon any defendant convicted of any of the offenses described in this section such penalty, in accord with the provisions of Section 14, as the facts may warrant. Section 13. REMEDIES. Every sale or contract for sale in violation of any of the provisions of this Act, or of any order issued by the Commissioner under any provision of this Act, shall be voidable at the election of the purchaser. The person making such sale or contract for sale, and every director, officer, salesman or agent of or for such seller who shall have participated or aided in any way in making such sale, shall be jointly and severally liable to such purchaser in any action at law in any court of competent jurisdiction upon tender to the seller, in person or in open court, of the securities sold or of the contract made for the full amount paid by such purchaser, together with all taxable court costs and reasonable attorney's fees in any action or tender under this section. Provided: Remedies. (a) That no action shall be brought under this section for the recovery of the purchase price after two years from the date of such sale or contract for sale; and (b) That no purchaser shall claim or have the benefit of this section if he shall have refused or failed to accept within 30 days from date of such offer, an offer in writing of the seller to take back the securities in question

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and a tender by the seller of the full amount paid by such purchaser, together with interest on such amount for the period from the date of payment by such purchaser down to the date of repayment, such interest to be computed: (1) In case such securities consist of interest-bearing obligations, at the same rate as provided in such securities; or (2) In case such securities consist of other than interest-bearing obligations, at the rate of 5% per annum; less, in every case, the amount of any income from such securities that may have been received by such purchaser. (c) Nothing in this Act shall limit any statutory or common law right of any person in any court for any act involved in the sale of securities. Section 14. PENALTIES. Any person who shall willfully violate any provision of this Act or who shall engage in any act, practice or transaction declared by any provision of this Act to be unlawful shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500 for first offense and shall be punished by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment for subsequent offenses. Nothing in this Act shall limit any statutory or common law right of the State to punish any person for any provision of any law. Penalties. Section 15. EVIDENTIARY MATTERS. (a) In any action, civil or criminal, where a defense is based upon any exemption provided for in this Act, the burden of proving the existence of such exemption shall be upon the party raising such defense. Evidentiary matters. (b) In any action, civil or criminal, a certificate signed and sealed by the Commissioner, stating compliance

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or non-compliance with the provisions of this Act, shall constitute prima facie evidence of such compliance or non-compliance with the provisions of this Act and shall be admissible in any such action. Section 16. SEPARABILITY OF PROVISIONS. If any provision or provisions of this Act shall be held invalid, the remainder of this Act shall not be affected thereby. Section 17. REPEAL OF CERTAIN PRIOR ACTS. (a) The Act approved August 17, 1920, entitled An Act to create and establish a Securities Commission, to provide the membership of said commission, and define the duties and regulate the sale thereof, to provide for the license of dealers in securities and their agents, to fix fees therefor, to provide a penalty for violation of this Act, and for other purposes, the Act approved August 21, 1922, amending the aforesaid Act so as more fully to define, classify and regulate said securities; to provide for the license of all dealers, other than the issuers of such securities and of their agents; to revise the fees heretofore fixed for licenses; to regulate the sale of real estate in certain cases; to give greater latitude to the Securities Commission in classifying securities and regulating their sale; to increase penalties for the violation of the Act; and for other purposes, the Act approved March 23, 1933, amending the aforesaid Act approved August 17, 1920, as theretofore amended so as to provide for the licensing of dealers and issuers, and of their agents, engaged in the business of selling or offering for sale securities in classes A, C and D, or securities in either of said classes; to enlarge the powers of the Secretary of State; to provide penalties for the un-licensed sale, or offer to sell, by any such dealer or issuer or agent thereof, of securities in said classes, or of securities in either of said classes; and for other purposes, and the Act approved March 2, 1937, amending the Acts above stated so as to more clearly define a security, to change the method of paying fees, to fix the punishment of the unlicensed sale of securities contrary to the provisions of said Act and for other purposes,

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are hereby repealed to take effect on the day that this Act is approved by the Governor, subject to the limitations provided in Subsection (b), (c) and (d) of this section. Repeal of certain Acts. (b) The provisions of all laws which are repealed by this Act shall remain in force for the prosecution and punishment of any person who, before the effective date of this Act, shall have committed any act contrary to the provisions of any law in force at the time such act was done, and such person may be prosecuted and punished under the law as it existed when such violation occurred. (c) In the case of sales, contracts, or agreements made prior to the effective date of this Act, the civil rights and liabilities of the parties thereto shall remain as provided by the law as it existed at the time such sales, contracts, or agreements were made, and all parts of laws repealed by this Act shall remain in force for the enforcement of such rights and liabilities. (d) All securities which are registered pursuant to the provisions of the said Acts repealed by Subsection (a) hereof, on the effective date of this Act, if such securities are not exempt under this Act, may be sold as if a notice of intent to sell such securities had been filed with the Commissioner under this Act; and the Commissioner shall have the same powers with respect to such securities that he would have if a notice of intent to sell such securities had been filed with him. All dealers who are duly registered as dealers and all salesmen who are duly registered as agents under the said Acts referred to in Subsection (a) hereof, on the effective date of this Act shall be deemed to be duly registered under and subject to the provisions of this Act, such registration to expire on the 31st day of December of the year in which this Act becomes effective and to be subject to renewal as provided in this Act. (e) All files, papers and property of the Secretary

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of State, relating to the administration of the said Acts referred to in Subsection (a) hereof shall be held by the Secretary of State under the provisions hereof. All proceedings pending before said Secretary of State under the laws hereby repealed shall be continued under the provisions of this Act by the Secretary of State. Approved March 3, 1953. HOSPITAL AUTHORITIES ACT AMENDED. Code 99-1513 (a). No. 399 (House Bill No. 564). An Act to amend Chapter 99-15 of the Code of Georgia of 1933, as amended, known as the Hospital Authorities Law by providing that where the construction or operation of a hospital is sponsored by a county, a municipality located in such county may contract with such hospital authority for the care of indigent sick and injured people residing within said municipality and such contract shall be binding upon such municipality not longer than thirty (30) years; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, as follows: Section 1. That Chapter 99-15 of the Code of Georgia of 1933, as amended, said Chapter being known as the Hospital Authorities Law be, and the same is hereby, amended by adding thereto the following paragraph: Code 99-1513(a). Section 99-1513 (a). When, in accordance with the provisions of this Chapter, any county shall activate a hospital authority for such county and such authority shall acquire or construct or shall make preparations to acquire or construct a hospital in said county, any municipality

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in said county shall be authorized to contract with said hospital authority for the care in said hospital of indigent sick or injured persons who are residents of said municipality either on a per patient per day basis or for a fixed amount of money payable at such time as said contracting parties may agree upon and any such contract may be, at the election of such municipality, binding upon it for a period of not exceeding thirty years. Such contract and the amount to be received by said hospital authority therefrom may be pledged by said hospital authority as security for the payment of the principal and interest of any bonds or revenue anticipation certificates which it may issue in order to acquire or construct said hospital. Contracts with municipalities. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 3, 1953. TEMPORARY ADMINISTRATORSDISCHARGE. No. 400 (House Bill No. 337). An Act to provide for the discharge of temporary administrators; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Where there is no necessity for the appointment of a permanent administrator and a temporary administrator has been appointed, the temporary administrator may be discharged in the same manner as provided for discharge of permanent administrators. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1953.

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FORFEITURE OF BONDS, RECOGNIZANCES, ETC. Code 27-906 Amended. No. 401 (House Bill No. 353). An Act to amend Section 27-906 of the Code of Georgia, relating to judgment against bail, as amended by an Act approved March 20, 1943 (Ga. Laws 1943, p. 282), so as to authorize the presiding judge to order the scire facias returnable to another term of court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 27-906 of the Code of Georgia, relating to judgment against bail, as amended by an Act approved March 20, 1943 (Ga. Laws 1943, p. 282), is hereby amended by adding after the word court and before the word against the words or to the term following the next term of such court if so ordered by the presiding judge of such court, so that Section 27-906 when so amended shall read as follows: Code 27-906 amended. The clerk shall issue a scire facias on all forfeited bonds, recognizances, or other obligations, returnable to the next term of such court, or to the term following the next term of such court if so ordered by the presiding judge of such court, against the principal and his sureties, which shall be served by the sheriff or his deputies at least 20 days before the return thereof, or, if the party resides out of the county, the sheriff or his deputies in the county wherein the bond is forfeited shall have the authority to serve the principal and sureties in any county in this State. If the party resides out of the State, scire facias may be served by publication as in case of scire facias to revive judgment. If, at such return term, no sufficient cause shall be shown to the contrary, judgment, on motion, shall be entered against such principal and sureties or such of them as have been served. Forfeited bonds, etc.

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Section 2. All laws and part of laws in conflict with this Act are hereby repealed. Approved March 3, 1953. YEAR'S SUPPORTTIME LIMIT FOR FILING APPLICATION. No. 402 (House Bill No. 338). An Act to limit the time within which application for a year's support may be filed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. All applications for a year's support from the estate of a decedent shall be filed within seven years from the date of the death of such deceased. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1953. INTANGIBLE TAX RETURNS. No. 403 (Senate Bill No. 135). 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., (Ga. Laws Extra Session 1937-38, p. 156); so as to provide that intangible tax returns shall be made on or before April 15 in each year; 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 same: Section 1. That the first paragraph of Section 4 (a) of an Act to classify property for taxation (Ga. Laws Ex. Sess. 1937-38, p. 156) as amended by an Act which provided that intangible property belonging to a trust is exempt from Federal income tax under Section 165 (a) of the Internal Revenue Code, shall not be taxable (Ga. Laws 1950, p. 74), which section provides for the manner and time of making returns and certain exemptions, be and the same is hereby stricken and repealed in its entirety and the following language substituted therefor; Sec. 4 (a), Act of 1937-38 amended. Every person owning intangible personal property, classified for taxation under the terms of this Act, except those intangibles classified to be taxed as heretofore provided by law, is 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 Commissioner on or before April 15 in each year, giving a description thereof in such form as the Commissioner 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 Commissioner may reasonably require. The said return shall be separately sworn to and shall be filed by every owner of intangible personal property taxable under this Act: Provided, that intangible personal property belonging to the United States Government or to the State of Georgia or to any political subdivision 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 cooperative association; and money belonging to persons residing outside the State of Georgia (except as provided in Section 92-121) shall be excluded from such sworn statement and shall not be taxable. Intanible tax returns. Section 2. That all laws and parts of laws in conflict

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with the provisions of this Act be and the same are repealed. Approved March 3, 1953. EDUCATIONAL SYSTEM STUDY COMMITTEE. No. 49 (House Resolution No. 195-639c). A Resolution. Providing for the appointment of a committee to study the Georgia educational system; and for other purposes. Whereas, there have been complaints and charges made that the school teachers of this State are receiving inadequate compensation; and Whereas, further complaints and charges have been made to the effect that the educational system in this State is not being properly administered in some respects, and many persons have stated that the entire system should be revamped; and Whereas, further complaints and charges have been made that the money which the State of Georgia appropriates and spends for education has not been expended in as wise a manner as it should be; and Whereas, it is highly desirable that a study should be made of the entire educational system of Georgia; Now, therefore, be it resolved by the General Assembly of Georgia that a study committee, composed of five (5) members of the General Assembly, three (3) to be appointed by the Speaker of the House and two (2) by the President of the Senate, is hereby created. Said committee shall make a thorough study of the entire educational system of the State of Georgia with

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a view towards determining how educational funds could be more wisely expended and determining in what respects said system might be improved. Said committee is also given the authority to assist in studying any recommendations made by any person to the State Board of Education and the State Department of Education as to methods of effecting economies in the Government under the provisions of House Resolution No....... Said committee shall cooperate with and seek the cooperation of the State Board of Education and the State Department of Education in its studies. Be it further resolved that each member of said committee shall receive the same per diem and allowances for each day actually engaged in the performance of duties under this Resolution as he received during the regular session of the General Assembly. The committee shall perform the duties under this Resolution for a total number of days not to exceed thirty (30). Be it further resolved that said committee shall make a report of its studies and its recommendations to the General Assembly when it reconvenes November 16, 1953. Approved March 3, 1953. VOCATIONAL EDUCATIONMEMORIAL TO GEORGIA DELEGATION TO CONGRESS. No. 50 (House Resolution No. 180). A Resolution. Requesting the members of the Georgia Congressional Delegation to exert their efforts towards obtaining the full appropriation authorized under the provisions of The George-Barden Act; and for other purposes.

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Whereas, vocational education has meant so much to Georgia and Georgians; and Whereas, there is a great need for the further development of vocational education in order that all Georgians who need it and can profit by it might have opportunity for vocational training; and Whereas, there are many schools in Georgia as well as in other States with no programs of vocational education and many others with inadequate programs; and Whereas, the prosperity and well-being of a state and nation are dependent on the skill and productive capacity of its citizenry; and Whereas, vocational education develops skills and increases productive capacity of individuals; and Whereas, the security of our nation is dependent in a large measure on the skill, technical knowledge and the ability of the masses to produce; and Whereas, the Federal Vocational Education Act of 1946, known as The George-Barden Act, authorizes an appropriation of $29,300,000 annually and less than $19,000,000 is being appropriated annually; and Whereas, distinguished Georgia statesmen, the late Hon. Hoke Smith, the late Hon. Dudley M. Hughes, our present Senior Senator, the Hon. Walter F. George, and Ex-Congressman, the Hon. Braswell Deen, authored and championed the National Vocational Education Acts; and Whereas, the entire Georgia delegation in National Congresspast and presenthave supported vocational education appropriations and measures through the year; Now, therefore, be it resolved by the General Assembly

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of Georgia, that we commend the members of our Georgia Delegation in National Congress for the support they have given vocational education in the past and urge them to continue their support and redouble their efforts to obtain the full appropriation of $29,300,000 authorized under the provisions of the George-Barden Act. Be it further resolved that the Secretary of State be instructed to immediately make available a certified copy of this Resolution to each member of the Georgia Delegation in National Congress. Approved March 3, 1953. FORMER GOVERNOR ADLAI E. STEVENSON REQUESTED TO ADDRESS GENERAL ASSEMBLY. No. 52 (House Resolution No. 174). A Resolution. Whereas, former Governor Adlai E. Stevenson of Illinois was the candidate of the Democratic Party for President of these United States at the past presidential election; and Whereas, Adlai S. Stevenson made deep impressions of his ability and integrity upon the people of the United States, and more especially the people of the State of Georgia in the past campaign; and Whereas, the voters of this sovereign State gave Adlai E. Stevenson his greatest majority among the several States in the past election; and Whereas, it is desired that a closer relationship exist between the people of the State of Georgia and Adlai E. Stevenson of Illinois;

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Now, therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that former Governor Adlai E. Stevenson of Illinois be strongly urged to, adress a joint session of the General Assembly of the State of Georgia, at his convenience during the session which convenes on the 16th day of November, 1953. Be it further resolved that a copy of this Resolution be transmitted by the Secretary of State to the Honorable Adlai E. Stevenson of Illinois. Approved March 3, 1953. CAPTAIN W. M. (BUCK) WEAVER COMMENDED. No. 53 (House Resolution No. 202). Whereas, the City of Atlanta, particularly the Police Department and its Chief, Herbert T. Jenkins, has been most cooperative with the Members of the General Assembly during this and previous sessions and Whereas, the good services of Captain W. M. (Buck) Weaver have been made available to the Members of the General Assembly and Whereas, the said Captain W. M. (Buck) Weaver has worked with all the Members in a most patient and wholehearted manner, thereby securing for himself, the Police Department and the City of Atlanta, the respect and esteem of the Members of the General Assembly. Therefore be it resolved that this House of Representatives, the Senate concurring, does thank the City of Atlanta and Chief Herbert T. Jenkins for making available the good services of the said Captain W. M. (Buck) Weaver.

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Be it further resolved that a copy of this Resolution be spread upon the journal of the House and Senate and a copy of said resolution be forwarded to the Mayor of Atlanta, Chief Herbert T. Jenkins and Captain W. M. (Buck) Weaver. Approved March 3, 1953. FARM PRICE SUPPORTMEMORIAL TO STATE DELEGATION TO CONGRESS. No. 54 (House Resolution No. 209). A Resolution. Commending Senator Richard B. Russell and Senator Milton R. Young for introducing legislation extending the present farm price support law, and urging all members of the Georgia Congressional Delegation to aid in the passage of this bill; and for other purposes. Whereas, the present farm price support law is at ninety percent of parity; and Whereas, said support law gives the farmer a fair return on his crops in relation to his purchasing power, and tends to stabilize prices of farm products; and Whereas, the present support law expires in December 1954; and Whereas, the general public is uncertain as to the farm price support policy to be followed by the present Federal administration; and Whereas, the Honorable Richard B. Russell, distinguished Senator from Georgia, and the Honorable Milton R. Young, distinguished Senator from North Dakota, have introduced legislation extending the present price support law three years beyond 1954; and

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Whereas, an extension of said parity law is desirable for the farmers of Georgia; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that all members of the Georgia Congressional Delegation be urged and requested to exert all efforts possible to effect the passage of the Russell-Young bill; and Be it further resolved that Senator Richard B. Russell and Senator Milton R. Young be hereby commended for introducing this bill. Be it further resolved that the Clerk of the House of Representatives send a copy of this Resolution to the President of the United States, to Senator Young and Senator Russell, to each member of the Georgia Congressional Delegation, and to the presiding officers of the United States Senate and House of Representatives. Approved March 3, 1953. EXCHANGE OF PARKS LANDS WITH FEDERAL GOVERNMENT No. 58 (House Resolution No. 100-337d). A Resolution. Authorizing the Governor to acquire for the expansion of the State Parks System, three hundred seventy-six (376) acres of land, more or less, in Land Lot 87, and adjacent lots, District 1 in Towns County, for the purpose of exchanging said land and other land presently owned by the State for land of equal value to the State in White County which is now owned by the United States Department of Agriculture Forest Service; authorizing the transferral and exchange of land; and for other purposes.

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Whereas, the Department of State Parks, Historic Sites and Monuments desires to acquire additional land on which to expand the White County Area State Park; and Whereas, the land desired by the Department of State Parks, Historic Sites and Monuments is now owned by the Federal Government and under the control and supervision of the United States Department of Agriculture Forest Service; and Whereas, there is no provision of law whereby the United States Department of Agriculture Forest Service owning said land may sell outright to the State of Georgia the land so desired; and Whereas, there is a method whereby title to the land desired can be put into the State of Georgia, to wit, by transfer of land of similar value in the same general location; and Whereas, land meeting the description preceding does exist as follows: (a) In Towns County in Lot 87, and adjoining lots, District 1, being 376 acres, more or less, and part of which is known as the old A. M. Ledford home place, part as the Maloof property, and part as the Sparks property, which property is now owned by C. N. Maloof, Paul Westmoreland and W. O. Sparks. (b) Three small tracts now owned by the State which are isolated, inaccessible and of no known value to the State but which are desired by the United States Department of Agriculture Forest Service, namely; a 1-acre tract in Land Lot 303, District 17, Section 1 of Union County; a 1.97-acre tract in Land Lot 306, District 10, Section 1 of Union County; a 1-acre tract in Land Lot 32 or 33 or both in District 19, Section 1 of Towns County. Such land is comparable to 200 acres, more or less, in White County adjoining present park property known as the White County

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Area which is desired to be expanded by the Department of State Parks, Historic Sites and Monuments; and Whereas, the Department of State Parks, Historic Sites and Monuments is informed that by acquiring the above named property in Towns County a transfer can be effected with the United States Department of Agriculture Forest Service for the similar acreage in White County desired by the Department of State Parks, Historic Sites and Monuments; and Whereas, the Governor has appointed a committee of three disinterested persons of high character and integrity who are familiar with land values in the aforesaid counties, and these persons have viewed the premises in question and submitted their report of the values; and Whereas, the appraisal values of this committee seem and appear to be just and reasonable; and Whereas, the property desired by said State Department and described herein is necessary and desirable in the interest of the proper expansion of the State Park System of Georgia; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the following land be acquired as hereinafter prescribed by the State of Georgia: Property of C. N. Maloof, Paul Westmoreland, and W. D. Sparks, part of which is known as the old A. N. Ledford home place, part as the Maloof property, and part as the Sparks property, located in Towns County and being 376 acres, more or less, at $10.00 per acre as surveyed. Be it further resolved that authority is hereby given to exchange said property and the property presently owned by the State and described herein on a dollar

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for dollar value for land owned by the Federal Government under the control and supervision of the United States Department of Agriculture Forest Service described hereinbefore. Be it further resolved that before the acquisition of any part of the property above described and owned by Maloof, Westmoreland and Sparks, an actual contract must exist between the State of Georgia and the United States Department of Agriculture Forest Service to make the exchange hereinbefore set out, and upon a failure of the United States Department of Agriculture Forest Service to execute such an exchange, then the authority to purchase the said above described property shall be without any force and effect and shall be null and void. Be it further resolved that before any funds are expended by the Department of State Parks, Historic Sites and Monuments for the purchase of any part of this property, the Director of said department shall have in his possession the deeds transferring the title to the property to the State of Georgia, which shall have been approved in writing by the Attorney-General of Georgia as to the form of the deed and as to the title of the property. Be it further resolved that the Governor of the State of Georgia, subject to the provisions of this Resolution, is authorized in his discretion to acquire, exchange, and transfer the properties herein referred to and to execute for and on behalf of the State all necessary deeds or other conveyances necessary and proper to effectuate the purposes of this Resolution. Approved March 3, 1953.

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COMMISSION TO STUDY RETIREMENT SYSTEM. No. 59 (House Resolution No. 149-516a). A Resolution. To establish a five-man commission to investigate and make reports on the retirement system affecting State officers and State employees. Whereas, the General Assembly of Georgia has enacted numerous retirement systems affecting State officers and employees; and Whereas, these retirement systems vary in methods and amounts of payment, and in the period of service required, and generally are not uniform; and Whereas, it is desirable to have a consolidated, a simplified, and a uniform retirement system throughout the State of Georgia; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, there is hereby established a five-man commission, consisting of the State Auditor, the Director of the State Employees Retirement System of the State of Georgia, the Attorney-General, and two Assistant Attorneys-General. Be it further resolved that the commission shall review all retirement laws affecting State officers and employees and make a written report on the status of these laws, clearly setting out the contents therein. Be it further resolved that said commission shall also make recommendations for consolidating, simplifying and making uniform the present retirement laws. Be it further resolved that said commission shall make and report their recommendations at the regular session of the General Assembly convening in November, 1953. Approved March 3, 1953.

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LAND CONVEYANCE TO BROOKS COUNTY. No. 61 (House Resolution No. 153-533d). A Resolution. Authorizing the Governor and the Commissioner for and on behalf of the State of Georgia, to convey a certain lot or tract of land located in the City of Quitman, County of Brooks, 12th land district of Brooks County, Georgia, and upon which is located thereon the Quitman State Farmers' Market, unto Brooks County, Georgia, and their successors and assigns. Whereas, on the 23rd day of September, 1948 the tract of land referred to in the preamble hereof and more fully described as follows: Lots Number 89 and 90 of Courtland Park lots north Quitman, according to a plat on file in the office of the Clerk of Superior Court of Brooks County, Georgia. Also, two acres of land, more or less, being in the north-east section of the City of Quitman and described as follows: A tract bounded on the north by lands of J. A. Ives et al., formerly owned by Hubbard, east by North Jefferson Street, south by lots No. 86 and 88 of the Jelks McCleod addition to the City of Quitman, and west by Washington Street; Also, Lot Number 91 of the Jelks McCleod addition to the City of Quitman, a plat of said subdivision being recorded in Deed Book R, page 271, a more complete description are as follows: of other part of lot being herein conveyed; Also, one-fourth of an acre lying east of Jefferson Street, and west of the old Tram Road, and bounded on the north by land of J. A. Ives et al., east by the old Tram Road, south by Lot Number 91 of the Jelks McCleod addition to the City of Quitman, and west by north Jefferson Street;

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Also, Lots Number 85, 86 and 87 of Courtland Park Lots in North Quitman according to plat, Deed Book R, page 271; Also, part of Lot of Land Number 350 in the 12th land district of said county, described as follows: Commencing at a point on the east side of the Quitman-Moultrie Highway where the northern city limits of Quitman crosses the said highway and running thence north along east side of said highway to a stake 74 feet south of the southwest corner of a brick-fronted garage building of J. A. Ives, then running in an easterly direction to a young pecan tree on the west side of right of way of the old Oglesby Lumber Mfg. Company, Tram Road, thence along said Tram Road right of way in a southeasterly direction 373 feet to a china tree on the line of the City Limits west to the beginning point, for farm market purposes only, and this tract is subject to the restrictions and limitations set out in the deed from J. A. Ives, as recorded in Deed Book 65, page 252; Also, Lot Number 88 of Courtland Park Lots in the northeast section of the City of Quitman according to a plat recorded in Book R, page 271, of the deed records of Brooks County, with the exception of the following described portion of said lot; Beginning at the southeast corner of said lot and running thence north 100 feet, thence west 70 feet, thence south 100 feet, thence east along the north side of Courtland Avenue 70 feet to a point of beginning, said tract conveyed containing 1 1/6 acres, more or less; Also, Lot Number 92 of Courtland Park addition to the City of Quitman, and more particularly described on a plat of said subdivision as recorded in Deed Book R, page 271, of the deed records of Brooks County, Georgia. The aforesaid tract of land was deeded by the citizens of Brooks County to Tom Linder as Commissioner of Agriculture of the State of Georgia, and his successors

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in office, for the purpose of establishing a State Farmers' Market on said lot of land; and Whereas, said conveyance was without monetary consideration, and the State of Georgia, nor the Commissioner of Agriculture, invested any money in said purchase of this land; and Whereas, the said lot of land was originally purchased and paid for by public subscriptions by the citizens of Brooks County through the Brooks County Chamber of Commerce; and Whereas, it is the wish and desire of the citizens denoting the necessary money for the purchase of said lot of land, that said property be conveyed unto Brooks County, and their successors, and assigns; and Whereas, the State of Georgia and the Commissioner of Agriculture desired property; Now, therefore, be it resolved by the House of Representatives, of the State of Georgia, with the Senate of Georgia concurring, and it is hereby resolved by authority of the same: Section 1. That in consideration of the use and development of the property hereinafter described for the use and benefit of the Citizens of Brooks County, and the surrounding area of the State of Georgia, his Excellency, the Governor, acting in conjunction with the Commissioner of Agriculture on the behalf of the State of Georgia, be, and they are hereby authorized and directed to convey by proper deed of conveyance unto Brooks County, and their successors, or assigns, the aforesaid described property, said deed of conveyance to be a good and sufficient deed of conveyance of said property, unto said Brooks County and their successors, all right, title, interest, claim and demand that the State of Georgia, and the Department of Agriculture of the State of Georgia, and the Commissioner of Agriculture of the State of Georgia, now has, or

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may have had in and to said property. Approved March 3, 1953. ATLANTA POLICE AND FIREMEN KILLED IN LINE OF DUTY. No. 63 (House Resolution No. 182). A Resolution. Whereas, Chief Morris W. Dean of the Atlanta Fire Department was killed, and fourteen other Atlanta firemen were injured in line of duty on February 9th, 1953, and Whereas, W. M. (Tex) Richards of the Atlanta Police Department was killed and Sgt. G. W. (Red) Collins seriously injured also in line of duty on December 2, 1952, and, Whereas, these brave men and their comrades on both departments exemplify the courage and devotion to duty that has made them among the finest in the country, and Whereas, these men have joined the array of heroes who have preceded them, and whose example they have so courageously followed, and, Whereas, a grateful public extends its sincere sympathy and deepest appreciation to these departments, the families and comrades of these heroes, now, therefore, Be it resolved, by the House of Representatives, the Senate concurring, that these men and those others who have shown such exemplary courage, have, by their example, enshrined themselves in the hearts of all Georgians, and

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Be it further resolved, that these bodies do extend their sincerest sympathy to the family and friends of these men, and want them to know that in their sorrow, they have the full satisfaction and knowledge that they lived up to the finest traditions of both departments. Be it further resolved, that this resolution be spread upon the minutes of the journals of both houses, and a copy be sent to the families of Chief Dean and Patrolman Richards. Approved March 3, 1953. COMPROMISE OF CERTAIN OUTSTANDING WINE TAXES. No. 66 (House Resolution No. 186). A Resolution. Whereas, His Excellency, Herman E. Talmadge, Governor of Georgia, on the 5th day of March, 1949 passed the following Executive Order: Whereas: On February 25, 1949, I vetoed House Bill Number 706 on the grounds that part of the bill provided for the importation of brandies into Georgia by wine manufacturers without the payment of State excise tax, and without any supervision by the State Revenue Department. Further, this portion of the bill may be in conflict with the Federal Statute, Title 26, Section 3031, which gives control of fortifying brandies of the Federal Government; and Whereas: there is a portion of the bill that provides: On all domestic wines, whether fortified or not with fruit brandies produced without the State, and having an alcoholic content of more than 14% by volume when sold in Georgia25 per gallon. On

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foreign wines, whether fortified or not, having an alcoholic content of more than 14% by volume$1.00 per gallon. This part of the bill is progressive and in my opinion will encourage the growing of grapes, fruit and berries in Georgia, which will result in a material benefit to our Georgia farmers; and Whereas: Code Section 40-205 gives me the following authority: Suspension of collection of taxes.The Governor may suspend collection of taxes, or any part thereof, due the State until the meeting of the next General Assembly, but no longer; nor shall he otherwise interfere with the collection thereof. It is therefore ordered: That on all domestic wines, whether fortified or not with fruit brandies produced without the State, and having an alcoholic content of more than 14% by volume when sold in Georgia, the excise tax shall be 25 per gallon. On foreign wines, whether fortified or not, having an alcoholic content of more than 14% by volume, the excise tax shall be $1.00 per gallon This reduction of the excise tax on domestic wines, whether fortified or not, will be in force and effect until the General Assembly convenes. This March 5, 1949. Herman E. Talmadge, Governor. By the Governor: Benton Odom Secretary, Executive Department And Whereas, His Excellency, Herman E. Talmadge, Governor of Georgia, did on the 23rd day of February, 1951 pass the following Executive Order: Whereas: The growing of grapes in Georgia has

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become an important crop, and those engaged in producing them have requested a modification of the wine tax, and Whereas: I have heretofore issued two Executive Orders suspending part of the tax on domestic wine until the General Assembly of Georgia convenes, and Whereas: The General Assembly has since convened and passed Act 233 (House Bill No. 26) in which domestic wines containing an alcoholic content of not more than 14% were taxed at 5 per gallon, and foreign wines with an alcoholic content of not more than 14% were taxed 50 per gallon, and domestic wines of an alcoholic content of more than 14%, whether fortified or not, were taxed at 50 a gallon, and foreign wines of over 14% alcoholic content were taxed at $1.00 per gallon, and Whereas: The Georgia grape growers are again requesting the suspension of a part of the tax on domestic wines having an alcoholic content of over 14%, it is therefore Ordered: That a fact finding committee be appointed to investigate the question of whether or not a reduction should be made, composed of the Honorable Charles D. Redwine, Chairman, Honorable Fred Hand, and Honorable T. Guy Connell. This committee is authorized to hold public hearings and make such other investigation as they deem advisable, and make their recommendations to me at such early date as is practicable. It is further ordered that they be paid the sum of $10.00 per day as per diem, and their actual expenses while engaged in this investigation to be paid from the Governor's contingency fund. This, the 23rd day of February, 1951. /s/ Herman E. Talmadge, Governor.

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By the Governor: /s/ William H. Kimbrough Secretary, Executive Department And Whereas, the General Assembly of the State of Georgia at its January-February Session, 1951 amended the wine tax law which was the subject matter of the herein quoted Executive Orders and enacted into law, rates of taxation on wine as provided in said Executive Orders, but failed to ratify the Executive Order suspending the said tax during the period from the date of the suspension up until June 30, 1951, the effective date of said amendment, and Whereas, there now remains outstanding against the taxpayers liable for the payment of said tax, unpaid taxes which accrued during the period between the date of the Executive Order suspending the same and the effective date of said amendment, and Whereas, during the said suspension, the persons liable for said tax complied with the terms of said Executive Order and all of the rules and regulations of the Revenue Department during the period of suspension, and Whereas, they bought products to be processed in the making of wine and sold wine on the basis of the tax provided in said Executive Orders, and Whereas, it would work an unreasonable hardship on said taxpayers to pay the full amount of tax during the period of suspension, since they would be required to pay a tax which they did not and could not pass on to the consumer under the Executive Orders, and the rules and regulations of the Revenue Department. Therefore, be it resolved that the House of Representatives recommend to the Honorable Charles D. Redwine, Commissioner of Revenue, State of Georgia, and the Honorable Eugene Cook, Attorney-General,

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State of Georgia, that they take such action as is necessary to compromise said outstanding taxes at a nominal figure on a fair and equitable basis to the State of Georgia and all parties concerned. Be it further resolved, that the Clerk of this House furnish to the Honorable Charles D. Redwine, Commissioner of Revenue, State of Georgia, and the Honorable Eugene Cook, Attorney-General, State of Georgia, each a copy of this Resolution. Approved March 3, 1953. STATE LITERATURE COMMISSION ACTDEFINITION. No. 67 (House Resolution No. 168-619a). A Resolution. To clarify and state the intention of the General Assembly of Georgia in defining the word literature in House Bill 247 known and entitled an Act to provide for the creation of a State Literature Commission, and to define its powers and jurisdiction, etc., enacted at the 1953 session of the General Assembly of Georgia, by providing that the intent of the General Assembly was to not include pictures used in projection of motion pictures or television; to repeal conflicting laws; and for other purposes. Whereas, the General Assembly of Georgia at the 1953 session passed an Act, House Bill 247, known and entitled an Act to provide for the creation of a State Literature Commission, and to define its powers and jurisdiction, etc., and Whereas, the word literature was defined therein to include photograph, or picture, and

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Whereas, the General Assembly of Georgia intended that the definition of the word literature would apply only to printed or individual photographs and pictures, and not to pictures used in projection of motion pictures or television. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that it was and is the intention of the General Assembly of Georgia in defining the word literature in House Bill No. 247, above referred to, that said word literature would only apply to printed and individual photographs and pictures, and not to include pictures used in projection of motion pictures or television. Approved March 3, 1953. SALES TAX STUDY COMMITTEE. No. 68 (Senate Resolution No. 38). A Resolution. Whereas, the House of Representatives has passed and sent to the Senate H. B. No. 397 (Sub.), which would amend Section 3 (c) of the Georgia Retailers' and Consumers' Sales and Use Tax Act with reference to sales and use taxes on industrial materials used in manufacturing, processing and converting; and Whereas, the Senate is desirous of having additional information on the subject matter of said H. B. No. 397 and its effect on industry in Georgia. Now, therefore, be it resolved by the Senate, the House concurring that there is hereby created a committee to be composed of five members representing industry of the State to be appointed by the Governor, as well as the Chairman of the Finance Committee of the Senate, the Chairman of the Ways and Means

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Committee of the House, the State Revenue Commissioner, the Attorney-General and two other members to be selected from the House of Representatives by the Speaker and two members of the Senate to be selected by the Lieutenant Governor, to study and consider the question of whether and to what extent sales and use taxes should apply to industrial materials used in manufacturing, processing and converting. Be it further resolved, that such committee is hereby directed to file with the General Assembly, not later than the first day of the November, 1953 session of the General Assembly, a written report of the committee's findings together with any legislation necessary to carry out recommendation of the committee. Approved March 3, 1953. ADVERTISEMENT OF ALCOHOLIC BEVERAGES. No. 69 (House Resolution No. 178). A Resolution. Whereas, the use of alcoholic beverages has created problems of such magnitude throughout state and nation that these problems can no longer be ignored by us, and Whereas, the evidence of this problem is revealed (a) in the alarming increase of alcoholics until alcoholism is now recognized as one of our nation's major health problems, (b) in the cluttering of our courts with cases growing out of the uses of such beverages, (c) in the accidents on our streets and highways, and in our industrial plants that must be attributed to the use of alcohol, (d) in the economic drain of some nine billion dollars per year being spent by our people for these beverages, and

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Whereas, it is our firm conviction that the use of beverage alcohol is being greatly increased by a subtle and insidious campaign of advertising that is using practically every available newspaper, magazine, bill board, radio and television station that will lend itself to this campaign, and Whereas, we deplore and condemn the practices of motion pictures, radio and television stations in all such direct and suggestive advertising, especially because of their great influence upon the children of our state and nation: Therefore be it Resolved by the Senate (the House of Representatives concurring,) First, that we request and importune our Senators and Congressmen in Washington to use their best influence to have the Interstate Commerce Commission, the Federal Communications Commission, and all other proper authorities deny the use of our postal service and mailing privileges, and all radio and television facilities for the use of all advertising of alcoholic beverages, and Second, that we call upon all the advertising mediums in Georgia to take cognizance of the dangers and evils of beverage alcohol and to refuse, as far as is possible or practical, the use of their facilities for such advertising. We especially urge that all our radio and television stations deny the use of their facilities for the advertising of beer, which advertising we deem especially objectional because of its influence upon our children, and Third, that a copy of these resolutions be sent to each of our Senators and Congressmen. Approved March 3, 1953.

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TRIBUTE TO HONORABLE ALEX BOONE. No. 73 (House Resolution No. 179). A Resolution. To pay tribute to Honorable Alex Boone, legislator, statesman, and businessman; and for other purposes. Whereas, since the last session of the General Assembly of the State of Georgia our commonwealth has sustained a great loss through the death of Honorable Alex Boone, legislator, statesman, and businessman; and Whereas, it is meet and proper that this General Assembly take official notice of the passing of that great Georgian and record a merited tribute to his useful life. He lived by a basic set of principles he believed to be right and just and would not hesitate to defend them. He was always firm in conviction, broad in vision, and indomitable in energy. He devoted a long life in loyalty and affection to the improvement of conditions in his native county and State, having served many years in the General Assembly of this State. Now, therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that this tribute be spread upon the minutes of both Houses of this General Assembly, in session assembled, and that a copy of this tribute be delivered to the family of the deceased. Approved March 3, 1953.

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LEASE TO JOHN M. KING, JR. No. 74 (House Resolution No. 133-424a). A Resolution. Authorizing the State Parks Department to extend the term of the lease with John M. King, Jr. for certain facilities on the Allatoona Reservoir; and for other purposes. Whereas, the Department of State Parks Historic Sites and Monuments of the Department of Natural Resources of the State of Georgia, and John M. King, Jr. of Marietta, Cobb County, Georgia, entered into an agreement on the 27th day of May, 1952, for the operation of the boating and relative concession near Bethany Bridge on Allatoona Reservoir, for a term commencing on the 27th day of May, 1952 and ending at midnight on the first day of January, 1955, and Whereas, said lease agreement, dated the 27th day of May, 1952, is on file with the said department, and Whereas, the said department and John M. King, Jr. desire to extend the term of said lease, and Whereas, it is desirable that said term be extended. Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of State Parks Historic Sites and Monuments of the Department of Natural Resources of the State of Georgia is hereby authorized to enter into an agreement with John M. King, Jr. to extend the term of said lease, or to renew said lease, or to enter into a new lease agreement, whichever method is deemed more proper, for a period of five years beyond the end of the term of the present lease agreement between said department and John M. King, Jr. Approved March 3, 1953.

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LIVESTOCKGARBAGE FEEDING, ETC. No. 405 (House Bill No. 598). An Act to prohibit the feeding of garbage to animals unless such garbage has been processed in such manner as to render the same free of any infectious or contagious disease which might affect domestic animals or human beings; to authorize the Commissioner of Agriculture to promulgate rules and regulations prescribing the manner for processing garbage; to require persons feeding garbage to animals to obtain a license from the Commissioner of Agriculture; to provide for rules and regulations to be established by the Commissioner of Agriculture regarding the collection, transportation, distribution and processing of garbage; to provide for revocation or suspension of licenses issued by the Commissioner of Agriculture pursuant to this Act upon notice and hearing; to define terms used in this Act; to provide administrative relief to any person affected by this Act and to require the exhaustion of same; to provide a penalty for violation of this Act; to prescribe sanitary standards for rendering plants and to prohibit the operation of same unless such standards are complied with; to require operators of rendering plants to obtain a license from the Commissioner of Agriculture before operating same; to provide for inspection of rendering plants by the Commissioner of Agriculture and empower the Commissioner to promulgate rules and regulations concerning the collection, transportation, distribution and processing of the carcasses of dead domestic animals or packing house refuse; to empower the Commissioner of Agriculture to establish quarantine lines or areas necessary for the protection of the livestock of this State from any contagious and infectious disease; to prohibit the conducting of experimental or research work with live virus or any disease vector in this State or the manufacture or distribution of same except by permit issued by the Commissioner of Agriculture; to provide penalties for the violation of any quarantine imposed pursuant to this Act; to empower the Commissioner of

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Agriculture in cooperation with the U. S. Department of Agriculture to take steps necessary to eradicate contagious and infectious diseases and to promulgate rules and regulations regarding such eradication program; to authorize the payment of indemnities for livestock destroyed in eradicating contagious or infectious diseases; to authorize the transfer of funds by the Governor in order to make funds available for the payment of such indemnities; 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. Policy and Purpose of this Act. Because of the existing and increasing possibility of the occurrences of highly contagious and infectious diseases in the livestock of this State which threaten to destroy the same, and because certain known agents and vectors are instrumental in the spread of certain highly contagious and infectious diseases in livestock, it is hereby found and declared to be necessary (a) to regulate the feeding of garbage; (b) to regulate the rendering of the carcasses of dead domestic animals; (c) to protect areas of this State free of disease by quarantine against the introduction of such diseases; (d) to quarantine infected areas against the spread of such diseases therefrom; and (e) to undertake to eradicate, control, suppress and prevent such contagious and infectious diseases and make provisions therefor. Policy and purpose. Part One. Feeding of Garbage. Section 2. Garbage Feeding Prohibited Unless Sterilized. It shall be unlawful for any person, firm, partnership or corporation (including municipalities and counties) to feed garbage to animals unless such garbage has been heated, cooked, treated or processed under such temperature, pressure, process or method, and for such a period of time as is necessary to render the same free

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of any infectious or contagious disease which might either affect the domestic animals of this State or the citizens of this State. The Commissioner of Agriculture is authorized to promulgate by rules and regulations the method of heating, cooking, treating or processing and to prescribe the temperature and time for such heating, cooking, treating and processing as may be determined by scientific research; provided, however, that these requirements shall not apply to an individual who feeds his own animals only the garbage from his own household. Garbage feeding prohibited unless sterilized. Section 3. Licensing of Feeders of Garbage. On and after the passage of this Act, no person, firm, partnership or corporation shall feed garbage without first having applied for and obtained a license from the Commissioner of Agriculture. Each license shall expire as of March 1st of each year and each application for license must be accompanied by a license fee of five dollars ($5.00); provided, however, this requirement shall not apply to an individual who feeds to his own animals only the garbage obtained from his own household. Licenses. Section 4. Requirement Regarding the Collection, Transportation and Distribution of Garbage. Every licensed feeder of garbage shall keep and furnish the Commissioner of Agriculture such information as he may by rule and regulation require regarding the collection, transportation, distribution and processing of garbage, and further such licensee shall be required to keep and maintain sanitary at all times his vehicles used in the collection, transportation and distribution of garbage under such rules and regulations as may be required. The Commissioner of Agriculture is authorized to promulgate such other rules and regulations as may be necessary to effectuate the purpose of this Act. Rules and regulations. Section 5. License Revocation. Every licensed feeder of garbage who shall violate the laws of this State or the rules and regulations promulgated by the Commissioner of Agriculture pursuant thereto upon a notice and hearing shall have his license revoked, cancelled or suspended. License revocation.

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Section 6. Definition of Garbage. The word garbage as used in this Act shall mean all refuse matter, animal or vegetable; by-products of a restaurant, kitchen or slaughter house; and shall include every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise. The word garbage shall also include the word swill as commonly used. Garbage. Section 7. Administrative Relief. Any person affected by Part One of this Act or by any rule or regulation adopted pursuant thereto shall have, and shall be required to exhaust, the administrative remedies as provided by Section 8 of the Act of the General Assembly dealing with livestock dealers and brokers, Georgia Laws 1952, pp. 184, 186. Administrative relief. Section 8. Penalty Provided for Violation. Any person, firm, partnership or corporation violating the provisions of Part One of this Act or any rule or regulations made pursuant thereto shall upon conviction thereof be fined one thousand dollars ($1,000.00) or imprisoned as for a misdemeanor. Violation. Part Two. Rendering and Disposing of Dead Animals. Section 9. Definition of Rendering or Disposal Plant. The term rendering plant as used in this Act shall mean a place of business or location or plant where the carcasses of domestic animals or packing house refuse or other refuse is purchased, received or unloaded and where such carcasses or refuse are processed for the purpose of obtaining the hide, skin, grease, residue or any other by-product from said animals or refuse in any way whatsoever. The term carcasses of domestic animals means all or any part or portion of any dead domestic animal not slaughtered for human consumption. Rendering plant. Section 10. Rendering Plants Prohibited Unless Sanitary. It shall be unlawful for any person, firm, partnership or corporation to operate a rendering plant unless,

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the rendering plant, and buildings used in connection therewith (a) are constructed so that the floors of all such buildings are of concrete or other impervious material; (b) have adequate sanitary drainage and are so constructed and maintained that no unsterile liquid or other matter is permitted to escape openly therefrom; (c) are so maintained and operated and conducted as to be clean and sanitary; and (d) unless all vehicles used in the transportation of such carcasses or refuse on the public highways are of such construction as to prevent any seepage or residue escaping therefrom. Rendering plants, sanitation. Section 11. Penalty Provided for Violation. Any person, firm, partnership or corporation violating the provisions of Part Two of this Act or any rule or regulations made pursuant thereto shall upon conviction thereof be fined one thousand dollars ($1,000.00) or imprisoned as for a misdemeanor. Violation. Section 12. Licensing of Rendering Plants. On and after the passage of this Act, it shall be unlawful for any person, firm, partnership or corporation to engage in the business of operating a rendering plant without first having applied for and obtained a license from the Commissioner of Agriculture. Each license shall expire on March 1st of each year and each application for a license must be accompanied by a license fee of five dollars ($5.00). Licensing Section 13. Requirement Regarding the Collection, Transportation of Refuse and Dead Carcasses. Every rendering plant shall be subject at all times to inspection by the Commissioner of Agriculture, and each such rendering plant shall keep and furnish the Commissioner of Agriculture such information as he may by rule or regulation require concerning the collection, transportation, distribution and processing of the carcasses of dead domestic animals or packing house refuse, and further shall keep and maintain sanitary at all times his vehicles used in the collection, transportation and distribution of dead domestic animals and packing house refuse. The Commissioner of Agriculture is authorized to promulgate

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such other rules and regulations as may be necessary to effectuate the purpose of this Act. Rules and regulations. Section 14. License Revocation. Every licensed rendering plant who shall violate the laws of this State or the rules and regulations promulgated by the Commissioner of Agriculture pursuant thereto upon a notice and hearing shall have his license revoked, cancelled or suspended. License revocation Section 15. Administrative Relief. Any person affected by Part Two of this Act or by any rule or regulation adopted pursuant thereto shall have, and shall be required to exhaust, the administrative remedies as provided by Section 8 of this Act of the General Assembly dealing with livestock dealers and brokers, Georgia Laws 1952, pp. 184, 186. Administrative relief. Part Three Quarantine for Protection or Livestock. Section 16. Protected Area Quarantined Against Introduction of Disease. In addition to livestock quarantine and inspection duties hereinbefore imposed by law, the Commissioner of Agriculture shall establish quarantine lines against the introduction of any animals; any animal carcasses, or parts thereof; any biological products or preparations, or any live viruses or other disease vectors, when in his judgment such a quarantine is necessary for the protection of the livestock of this State from any contagious and infectious disease. The Commissioner of Agriculture is authorized to make such rules and regulations as he may deem necessary to prevent, suppress, control and eradicate such contagious and infectious diseases. The Commissioner of Agriculture may condition the movement of those animals or products (against which the quarantine is imposed) past quarantine lines when, after inspection, he has been satisfied that such movement originating from without the quarantined area coming past the quarantine lines into the protected area is free of disease or is so handled as not to

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introduce or spread disease. The word animal as used in this Section shall mean the domestic animals and livestock of this State, including poultry. Protected area. Section 17. Infected Area Quarantined Against Spread of Disease Therefrom. The Commissioner of Agriculture or any duly authorized livestock inspector is authorized and required to quarantine any stall, lot, yard, pasture, field, farm, premise, packing house, rendering plant, town, city, militia district, county, or any part thereof, or the whole of the State when he shall determine that livestock in such place or places are affected with, exposed to, or suspected of being exposed to a contagious or infectious disease, or with anything which might cause such disease. The Commissioner of Agriculture or livestock inspector shall give written or printed notice of the establishment of such quarantine to the owners or keepers of such livestock and to the proper officers of railroad, steamboat, motor vehicle, or other transportation companies doing business in or through the quarantined territory. Infected area. Section 18. Regulation of Manufacture and use of Disease Vectors. No experimental or research work except at or under the direction of the State Veterinary College, Georgia Poultry Improvement Association Laboratory, the State College of Agriculture and the State agricultural experiment stations shall be carried on in this State with any live virus or any other disease vector, nor shall any such virus or disease vector be manufactured or distributed in this State except under permit issued by the Commissioner of Agriculture, conditioned as in his judgment necessary, to prevent spread of such disease. The term disease vector shall mean any agent or material which has the power to produce or spread disease. Provided, however, the provisions of this section shall not apply to the State and county health departments, the United States Public Health Service, and accredited medical and dental colleges and universities, and to approved hospitals, approved medical centers, and foundations engaged in medical research, diagnosis or treatment of the diseases of man. Disease vectors.

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Section 19. Penalty for Violation of Quarantine. Any person, firm, partnership or corporation who shall violate any quarantine provision, rule or regulation established by the Commissioner of Agriculture under the authority of law for the protection of the livestock and domestic animals of this State shall be guilty of a misdemeanor. Violation. Section 20. Definition of Cattle. The word cattle as used in Secs. 62-1001 and 62-1002 of the Code of Georgia of 1933 shall be construed to mean livestock or domestic animals of this State, including poultry. Cattle. Part Four. Eradication of Disease. Destruction of Diseased Animals. Payment of Indemnity. Section 21. Eradication Programs Authorized. Whenever it is determined by the Commissioner of Agriculture in cooperation with the United States Department of Agriculture that a contagious and infectious disease should be eradicated, the Commissioner of Agriculture is authorized to take whatever steps are necessary to eradicate the disease. Owners, renters or persons in possession of livestock or premises infected with such a disease are required to disinfect the premises and to destroy the cause or causes of the contagious and infectious disease, including the destruction of those livestock within the premises, under the supervision and direction of the Commissioner of Agriculture or his duly authorized representative. The cost of destroying the cause or causes or sources of infection of a contagious and infectious disease, which is sought to be eradicated, shall be borne by the owner, renter or person in possession of the infected and quarantined premises; except, however, when budget conditions permit or when Federal matching funds are available, the Commissioner of Agriculture may participate in the cost of eradication and is authorized to expend such funds as are available. Eradication programs. Section 22. Payment of Indemnities Authorized.

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The Commissioner of Agriculture is authorized, in cooperation with the United States Department of Agriculture in the eradication of any infectious or contagious disease, to indemnify the owner of livestock destroyed in eradicating the disease upon such basis and appraisal as the Federal Government prescribes, but in no event shall the State pay more than one-half of the indemnity and cost incident to the eradication; provided, however, that in the case of public stockyards, meat packing establishments, slaughter houses, community sales and licensed garbage feeders, the State shall not pay in participation with the United States Department of Agriculture more than one-third of such cost; provided, further that the Commissioner of Agriculture may, if in any case he finds the feeding of garbage to be a source of such infection, make indemnity payments inapplicable to garbage feeders; provided further still that any person, firm, partnership or corporation who shall violate any quarantine law or rule and regulation thereunder shall be ineligible for indemnity. Payment of indemnities. Section 23. Transfer of Funds Authorized. Whenever a program of eradication of a contagious and infectious disease is supported by the payment of Federal funds for such eradication contingent upon State participation, and whenever funds are not available sufficient for the purpose of matching the available Federal funds, the Governor may transfer from any available funds in the State treasury, such sum of money as may be necessary to meet such emergency, and said monies so transferred shall be repaid to the fund from which transferred when monies become available for that purpose by a legislative appropriation or otherwise. Transfer of funds. Part Five. Miscellaneous Provisions. Section 24. Provisions of this Act Severable. Should any provision, clause, paragraph, section or part or parts of this Act be held invalid by any court, it is hereby declared to be the legislative intent that the provisions of

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this Act shall be severable and the remainder of this Act shall be in full force and effect as though such clause, paragraph, section or part or parts had not been included herein. Section 25. A copy of all rules and regulations issued pursuant to the provisions of this Act shall be furnished each member of the General Assembly, as issued, with a view to making any necessary amendments to this Act at the November 1953 session. Section 26. Nothing in this Act shall repeal or be construed to be in conflict with the Act of 1939 (Ga. Laws) known as the Hog Cholera Act, relating to the sale, use, distribution and vaccination of hogs with serum and virus by county agents, vocational teachers, trained laymen, veterinarians, or by a farmer himself, etc. in the prevention of hog cholera. Section 27. Conflicting Laws Repealed. All laws and parts of laws insofar as they conflict with this Act are hereby repealed. Approved March 4, 1953. REVENUE CERTIFICATE ACT AMENDED. Code 87-802, 87-803, 87-809 Amended. No. 409 (House Bill No. 519). An Act to amend Chapter 87-8 of the Code of Georgia known as the Revenue Certificate Law of 1937, as amended, by providing that said Act shall apply to parking meters and providing that parking meters and public parking areas and public parking buildings constitute interrelated matters and providing that municipalities issuing revenue certificates for the purpose of acquiring, constructing and reconstructing and equipping public parking areas and public parking buildings

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may pledge to the payment of the principal and interest on said certificates, in addition to the revenues derived from such facilities, the receipts derived from the operation of parking meters; limiting the authority of a receiver if the undertaking involves parking meters; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same: Section 1. That Section 87-802 of Chapter 87-8 of the Code of Georgia of 1933, as amended, said Chapter being known as the Revenue Certificate Law of 1937, be and the same is hereby further amended by adding at the end of said Section Two a new paragraph to be appropriately numbered and worded as follows, to wit: Code 87-802 amended. () Parking meters on streets, thoroughfares, parkways, and any avenue of traffic, such meters to be located thereon or immediately adjacent thereto for the purpose of providing space for vehicles and authorizing the using of same for parking purposes upon the payment of a charge therefor. Parking meters. Section 2. That Section 87-803 of Chapter 87-8 of the Code of Georgia of 1933, as amended, said Chapter being known as the Revenue Certificate Law of 1937, be and the same is hereby further amended by adding at the end thereof a new paragraph to be appropriately lettered, numbered and worded as follows, to wit: Code 87-803 amended. () The use of streets, thoroughfares, parkways and avenues of traffic in a municipality for the handling of mobile and foot traffic, the use of same for the parking of mobile equipment and the availability of off-street parking facilities for such equipment are matters of public concern and the affording of such facilities make for the better welfare of the citizens of a municipality and may in the discretion of a municipality be considered as one revenue producing undertaking and if any municipality shall desire to acquire, construct, alter or remodel any property for use as public parking areas or public

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parking buildings, or both, and shall issue revenue anticipation certificates in order to finance the acquisition, construction, alteration or remodeling of the same in accordance with the provisions of this Chapter, such municipality may pledge to the payment of the principal, interest and call premium, if any, of such revenue anticipation certificates, the whole or any part of the receipts of parking meters operated by such municipality, in addition to the revenues derived directly from such public parking areas or public parking buildings, or both. Section 3. That Section 87-809 of Chapter 87-8 of the Code of Georgia of 1933, as amended, said chapter being known as the Revenue Certificate Law of 1937, be, and the same is hereby further amended by adding at the end thereof a new paragraph to be appropriately lettered, numbered and worded as follows, to wit: Code 87-809 amended. () If the undertaking involves parking meters the control and operation thereof shall remain in the municipality and the authority of such receiver shall be limited to the right of receiving only the receipts from said parking meters. Section 4. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 4, 1953. SHRIMP TRAWLING. No. 410 (House Bill No. 300). An Act to repeal an Act approved February 12, 1952, entitled An Act to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters; to provide for penalty; to repeal conflicting laws and for other purposes (Ga. Laws 1952, p. 77); to enact a new law to make it unlawful to use a net, other than a cast net, in any of the tidal or salt waters of this

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State, except nets of certain size for taking bait; to prohibit the taking of fish or shrimp by nets, other than cast nets in any of the tidal, rivers and creeks of this State; to authorize the taking of shrimp during certain periods in sounds where the same is authorized by elections and to provide for the calling and holding of such elections; to provide for the seizure and condemnation of nets used in violation of this Act; to authorize the Game and Fish Commission to promulgate rules and regulations governing the taking of shrimp from sounds; to provide a penalty for violations of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That certain Act of the General Assembly approved February 12, 1952, which is entitled An Act to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters; to provide for penalty; to repeal conflicting laws and for other purposes (Ga. Laws 1952, p. 77), is hereby repealed in its entirety. Act of 1952 repealed. Section 2. From and after the passage of this Act, it shall be unlawful for any person in this State to use a net other than a cast net for the taking of shrimp in any of the tidal or salt waters of this State between January first and March fifteenth of each year; provided, however, that it shall be legal to drag a net no larger than ten feet (10[UNK]) in diameter at the widest part of its mouth for the purpose of taking shrimp to be used or sold for use only as bait. Restriction on drag nets. Section 3. It shall be unlawful to take shrimp or fish, other than shad, with nets, other than cast nets, in the tidal rivers, bays and creeks of this State at any time. Section 4. It shall be unlawful to take shrimp in any of the sounds of this State with a net, other than cast nets, except that the taking by nets in such sounds may be lawful between March sixteenth and December thirty-first

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of each year if authorized pursuant to an election first called in the county in which such sound lies, or in each county in which such sound lies, if the same is in more than one county, to determine the desire of the people of such county or counties with respect to the opening of such sound. Such election shall be called by the ordinary of the county in which the sound lies, or by the ordinary of each county where the sound lies in more than one county, upon the filing of a petition by ten percent (10%) of those voters of such county who were qualified to vote at the last general election for members of the General Assembly. If the sound lies in more than one county, the election need not be held on the same day in each county. Such elections shall be called within sixty (60) days from the filing of the petition. At such elections all persons shall be qualified to vote who were qualified to vote in the last election for the members of the General Assembly. Such elections shall be held in the same manner as elections are held for the members of the General Assembly. At all elections there shall be presented to the voters eligible to participate therein the question to be determined as follows: Election to open sounds to trawling. To open..... sound to shrimp trawling. Against opening..... sound to shrimp trawling. In the event the majority of the voters voting in said election vote in favor of opening such sound, it shall be the duty of the State Game and Fish Commission to declare such sound open for commercial fishing and shrimping between such dates; provided, that if the sound lies in more than one county, a majority of those voting in such election in each county must vote in favor of opening such sound before it shall be lawful to take shrimp therefrom by nets. If a majority of those voting in such election in any county in which such sound shall lie in whole or in part shall vote against the opening of such sound, it shall be the duty of the State Game and Fish Commission to keep such sound closed to shrimping with nets, other than cast nets, and to enforce the law; provided, further, that without any such election or elections

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it shall be lawful to drag a net of the dimensions described in Section 2 hereof for the sole purpose of taking shrimp to be used or sold for use as bait. (a) Provided, however, that any county or counties voting to open the sounds within said county or counties under an Act approved February 12, 1952 (Ga. Laws 1952, page 77) shall not be required to hold an election to open said sounds under this Act; that the county or counties opening said sounds under the Act approved February 12, 1952 (Ga. Laws 1952, p. 77), shall be subject to all provisions of this Act except as herein provided. Section 5. No election authorized in Section 4 of this Act shall be held in any county more frequently than once in every two years. The expense of all such election shall be borne by the county wherein the election is held and it shall be the duty of the governing authority of such county to pay the expense of such election from the general fund of said county. The ordinary of each county in which such an election is held shall immediately, upon the declaration of the result thereof, certify such result to the State Game and Fish Commission. Limit on elections. Section 6. Any net used in violation of this Act shall be seized by any sheriff or other arresting officer (including the duly appointed wildlife ranger, other agents or representatives of the Game and Fish Commission), who shall report the same, within ten days after said seizure, to the solicitor of the county, city or superior court having jurisdiction in the county where the seizure was made, whose duty it shall be, within ten days from the time he receives said notice, to institute condemnation proceedings in said court by petition, a copy of which shall be served upon the owner or lessee, if known, and if the owner or lessee is unknown, notice of such proceeding shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. If no defense shall be filed within thirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, otherwise the case

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shall proceed as other civil cases in said court. Should it appear upon the trial of the case that said net was so used, the same shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from said sale shall be applied Condemnation of nets. (a) To the payment of the expenses in said case, including the expenses incurred in the seizure; (b) To the payment of the costs of the court which shall be the same as now allowed by law in cases of forfeiture or recognizance; (c) The remainder, if any, shall be paid into the county treasury to be held as a separate fund to be paid out under order of the court as insolvent costs in other cases arising from the violation of any of the provisions of this law; provided, that in any county in which any of the officers of either the county, city or superior courts are now on a salary, or hereafter placed on a salary, such remainder of the funds applicable to the payment of insolvent costs of such officer or officers shall be retained in the general fund of, and become the property of such county. Section 7. This Act shall not prevent the State Game and Fish Commission from making and promulgating rules and regulations in connection with the taking of shrimp from any of the sounds of this State in which such taking may be legalized. Provided, further, that the State Game and Fish Commission shall have the power, notwithstanding any other provisions in this Act, to close any sound or other body of salt water when the count of shrimp taken from such sound or body of water exceeds fifty-five shrimp with heads on to the pound. Officers, agents, and representatives duly authorized by the State Game and Fish Commission shall determine by inspection when the count of shrimp taken from said water exceeds said number of shrimp to the pound, and findings by said persons shall be conclusive that said count exceeds the number of shrimp to the pound as herein provided. Rules and regulations.

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(a) It shall be unlawful during the closed seasons for taking or catching shrimp for any person, firm, or corporation to have in possession any shrimp which count of said shrimp exceeds fifty-five shrimp with heads on to the pound. Section 8. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction of this State shall be punished as for a misdemeanor. Violations. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953. TRUSTS. No. 413 (House Bill No. 474). An Act to provide that a trust may be created to hold title to properties used or useful in furnishing utilities or other services to secure an obligation to furnish such utilities or services to other property to be benefited by such utilities or services; to provide that title to such property shall vest and remain in the trustee; to provide that such trust may authorize the trustee to take possession and operate the property and to exercise powers of sale or conveyance or other powers therein set out on the terms and conditions therein set out; to provide that such trust shall be valid, executory and enforceable in accordance with its terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. A trust may be created to hold title to properties used or useful in furnishing utilities or other services to secure an obligation to furnish such utilities

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or services to other property to be benefited by such utilities or services, and title to the property conveyed to the trustee shall vest and remain in the trustee, for the benefit of the several owners from time to time of the property for the benefit of which such trust is created, and such trust may authorize the trustee to take possession and operate the property conveyed to him and to exercise power of sale or conveyance or other powers therein set out on the terms and conditions therein set out, and such trust shall be valid, executory and enforceable according to its terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953. LICENSING OF INSURANCE AGENTS. No. 417 (House Bill No. 378). An Act to define and regulate the business of representing life, health and accident insurance companies, associations, orders or societies as agents; to provide for the licensing of agents for such insurers; to provide minimum standards or qualifications as conditions precedent to the issuance of licenses; to provide for the examination of applicants for said licenses; to provide for the appointment of an advisory board to make recommendations to the Insurance Commissioner; to fix examination and other fees; to authorize regulations for the administration of this Act; to provide for the suspension or revocation of such licenses; to provide penalties for the violation of this Act; to authorize and direct the budget authority to provide funds necessary for the cost of administering this Act; to repeal all laws or parts of laws inconsistent with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of

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the State of Georgia, that whenever used in this Act certain terms shall be defined as follows: A. The term agent shall mean any authorized or acknowledged agent of an insurer and any subagent of such agent who acts as such in the solicitation of, negotiation for, or procurement or making of a contract of life, health or accident insurance, or making of an annuity contract; except that the term agent shall not include any regular salaried officer or employee of a licensed insurer or of a licensed insurance agent who does not solicit or accept from the public applications for any such contract. The term agent shall not include any representative of a non-profit hospital service corporation as defined and regulated in Chap. 99-10, Georgia Code Annotated, or the representative of a non-profit medical service corporation as defined and regulated in Chap. 99-10A, Georgia Code Annotated, or the representative of any fraternal benefit society as defined and regulated in Chap. 56-16, Georgia Code Annotated. A regular salaried officer or employee of an insurer authorized to do business in this State shall not be deemed to be an agent by reason of rendering assistance to or on behalf of a licensed insurance agent, provided that such salaried officer or employee devotes substantially all of his time to activities other than the solicitation of applications for life, health or accident insurance or annuity contracts, and receives no commission or other compensation directly dependent upon the amount of business obtained, provided, however, that under a group insurance plan a person who serves the master-policyholder of group insurance in administering the details of such insurance for the employees or debtors of such person, or of a firm or corporation by which he is employed, and who does not receive insurance commissions for such services, shall not be deemed to be an agent. Agent. B. The term subagent shall mean any person (except as provided in Paragraph A of this section) who acts for or on behalf of a licensed agent in the solicitation of, negotiation for, or procurement or making of a life, health or accident insurance contract or annuity

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contract, whether or not he be designated by such agent as subagent or a solicitor or by any other title including the members of a partnership and the officers, directors, stockholders or employees of a corporation. Each subagent shall be deemed to be an agent as defined in Paragraph A of this section and wherever in succeeding sections of this Act the term agent is used, it shall include subagents whether or not they are specifically mentioned. Each such person shall individually file an application for license and submit to a written examination as hereafter provided for applicants for an agent's license. Subagent. C. The term insurance contract for the purposes of this Act shall mean any contract or policy effecting life insurance as defined in Code Sections 56-901 of the Code of Georgia, Annotated, or health or accident insurance or any annuity contract on behalf of any company or insurer engaged in the business of writing life, health or accident insurance or annuity contracts. Insurance contract. D. The term excess risk shall mean all or any portion of a life, health or accident insurance risk or contract of annuity for which application is made to an agent, and which exceeds the amount of insurance or annuity which will be provided by the insurer for which such agent is licensed. Excess risk. E. The term rejected risk shall mean a life, health or accident insurance risk or annuity contract for which application has been made to an agent and which insurance or annuity contract is declined by the insurer for which such agent is licensed. Rejected risk. F. The term agency shall mean any person, partnership or corporation engaged in business as an agent as defined in paragraph A of this section; provided that if the agency shall be a partnership or corporation, all partners, officers, directors, stockholders and employees who shall act as agents shall be licensed in lieu of the partnership or corporation, and no license shall be issued to or in the name of the partnership or corporation. Agency.

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G. The term Commissioner shall mean the Commissioner of Insurance of the State of Georgia. H. The terms company and insurer shall mean a corporation, association, order, or society, subject to the insurance laws of this State, writing life, health and accident insurance, or annuity contracts, but shall not include fraternal benefit societies as defined and regulated by Chapter 56-16 of the Code of Georgia, Annotated, non-profit hospital service corporations as defined and regulated by Chap. 99-10, Georgia Code Annotated, or non-profit medical service corporations as defined and regulated by Chap. 99-10A, Georgia Code Annotated. Company, insurer. Section 2. Be it further enacted, that no person, partnership or corporation shall, within this State, solicit, procure, receive or forward applications for life, health or accident insurance or annuities or issue or deliver policies for or in any manner secure, help or aid in the placing of any contract of life, health or accident insurance or annuity for any person other than himself, directly or indirectly, with any insurer not authorized to do business in this State. Any person, partnership or corporation shall be liable for the full amount of any loss sustained on any contract of life, health or accident insurance or annuity made by or through him or it, directly or indirectly, with any insurer not authorized to do business in this State, and, in addition for any premium taxes which may become due under any law of this State by reason of such contract. Business with unauthorized agency. Section 3. Be it further enacted, that A. No person shall act as an agent within this State until he shall have first procured a license from the Commissioner. License. B. No insurer or agent doing business in this State shall pay, directly or indirectly, any commission or any other valuable consideration to any person for services as an agent within this State, unless such person shall

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hold a currently valid license to act as an agent as required by the laws of this State; nor shall any person, partnership or corporation, other than a duly licensed agent or an agency as herein defined, accept any such commission or other valuable consideration; provided, however, that the provisions of this section shall not prevent the payment or receipt of renewal or other deferred commissions to or by any person solely because such person has ceased to hold a license to act as an agent; and provided, further, that the provisions of this section shall not prevent the payment or receipt of any commission or any other valuable consideration to or by a person who has applied for a temporary license pursuant to Section 11 (C) of this Act, pending issuance of such temporary license. Section 4. Be it further enacted, that A. Each applicant for a license to act as an agent within this State shall file with the Commissioner his written application on forms furnished by the Commissioner. The application shall be signed and verified by oath of the applicant. The prescribed form shall require the applicant to state his full name, residence, age, occupation and place of business for five years preceding date of the application; whether applicant has ever held a license to solicit insurance contracts in any State, and if so, what State; whether he has been refused, or has had suspended or revoked, a license to solicit insurance contracts in any State; what insurance experience, if any, he has had; what instruction in insurance and in the insurance laws of this State he has had or expects to have; whether any insurer or general agent claims that the applicant is indebted under an agency contract or otherwise, and if so, the name of the claimant, the nature of the claim, and the applicant's defense thereto; whether applicant has had an agency contract cancelled, if so, when, by what company or general agent and the reasons therefor; whether applicant will devote all or part of his efforts to acting as an insurance agent, and if part only, how much time he expects to devote to such work and in what other business or businesses he is engaged or employed;

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whether, if applicant is a married person, the husband or wife has ever applied for or held a license to solicit life or any other insurance in any State, and whether such license has been refused, suspended, or revoked; and such other information as the Commissioner, in his discretion, may require. Application. B. The application shall be accompanied by a certificate on forms furnished by the Commissioner and signed by an officer or properly authorized representative of an insurer stating that the insurer has investigated the character and background of the applicant and is satisfied that he is trustworthy and qualified to act as its agent and to hold himself out in good faith to the general public as an agent and that the insurer desires that the applicant be licensed as an agent to represent it in this State. Certficate. C. If an applicant shall be required to take an examination, as hereinafter prescribed, his application shall be accompanied by an examination fee in the amount of five ($5.00) dollars, which shall not be refunded. That fee shall be charged for the privilege of taking only the first examination, or combination thereof, as set forth in Section 6 B. (4) and (5), and the fee for the privilege of taking any subsequent examination, or combination thereof, shall be three ($3.00) dollars. Examination fee. Section 5. Be it further enacted, that each applicant for a license to act as an agent within this State shall submit to a personal written examination to determine his competence to act as an agent and his familiarity with the pertinent provisions of the insurance laws of this State, and shall pass the same to the satisfaction of the Commissioner; except that no such written examination shall be required: Examinations. A. Of an applicant for a renewal license, unless the Commissioner determines that such an examination is necessary to establish the competency of the applicant; or unless a license had not been effective as to such applicant within two years preceding the date of filing the

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application. B. Of an applicant who is a ticket-selling agent of a railroad or steamship company, carrier by air or public bus carrier who shall act as agent or solicitor in the sale of accident insurance tickets to individuals. C. In the discretion of the Commissioner of an applicant who shall be licensed to act only as an agent with respect to group life, health and accident insurance on borrowers or debtors commonly known as group credit life, health and accident insurance. D. In the discretion of the Commissioner of an applicant whose license to do business or act as an agent in this State was suspended less than one year prior to the date of application. Section 6. Be it further enacted, that A. The Commissioner may establish rules and regulations with respect to: (1) The classification of applicants according to the type of insurance contracts to be effected by them if licensed as agents. Rules and regulations as to scope of examinations, etc. (2) The scope, type and conduct of written examinations to be given pursuant to this section, and the times and places within this State for the holding of such examinations; provided, however, that an applicant shall be permitted to take an examination once in each two weeks in the principal office of the Commissioner; and provided further that an examination shall be held at least as often as once in each two months, in each Congressional District. B. Such sules and regulations, when established, shall classify applicants for purposes of this section as follows: (1) Those desiring to write life insurance,

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(2) Those desiring to write accident and health insurance other than weekly premium accident and health insurance, (3) Those desiring to write weekly premium accident and health insurance, (4) Those desiring to write any combination of two or more of the above classifications, and (5) Such other classifications as, in the opinion of the Commissioner, are necessary or appropriate. C. Examinations shall be prepared and given in those subjects only which pertain to the classification or classifications which the applicant desires to write, and no applicant shall be required to take an examination on a subject or subjects pertaining to any other classification. D. The rules and regulations of the Commissioner, when established, shall designate textbooks, manuals and other materials to be studied by the applicants in preparation for examinations in each classification designated by the Commissioner pursuant to this section. Such textbooks, manuals or other materials may consist of matter available to applicants by purchase from the publisher or may consist of matter prepared at the direction of the Commissioner and distributed to applicants upon request therefor, and payment of reasonable costs thereof. When textbooks, manuals or other materials shall have been designated or prepared by the Commissioner pursuant to this section, all examination questions shall be prepared from the contents of such textbooks, manuals or other materials. Textbooks, manuals, etc. E. No person who shall have taken and failed to pass two examinations given pursuant to this section with respect to a particular class or classes of insurance shall be entitled to take any further examination with respect to such class or classes until after the expiration of six months from the date of the last examination in which he failed. If such person shall thereafter fail to pass two

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or more such examinations, he shall not be eligible to take any further examination until after the expiration of one year from the date of his last unsuccessful examination. An examination fee shall be paid for each and every examination; provided, however, that an applicant shall be permitted to take a single examination covering all classes of insurance contracts as defined in Paragraph C, Section 1. Failure to pass examinations. F. The Commissioner may appoint an advisory board of five or more persons to make recommendations to him with rspect to the scope, type, and conduct of written examinations and the times and places in the State where they shall be held. This advisory board, if appointed, shall consist of individuals experienced in the life, annuity, health and accident insurance business, and may include officers and employees, general agents and managers and licensed agents of companies engaged in such business. The members of the advisory board shall serve without pay, but upon the authorization of the Commissioner, shall be reimbursed for their reasonable expenses in attending meeting of the advisory board. Advisory board. Section 7. Be it further enacted, that A. If the Commissioner is satisfied that the applicant is trustworthy and competent and the applicant, if required, has passed a written examination, the Commissioner shall forthwith issue a license limited to the insurer and class or classes of insurance for which the agent is to be appointed. If the applicant has not passed his written examination or for any of the reasons set forth in Section 13 of this Act, the Commissioner shall notify the applicant and the insurer, in writing, that a license will not be issued to him. License. B. In any case where a license is applied for to represent an insurer authorized in this State to transact an accident and health, as well as a life insurance business, the Commissioner may, on request of the applicant, issue a single license authorizing the applicant to represent the insurer with respect to both types of business, provided,

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that the applicant, in addition to qualifying under this Act, has satisfied the Commissioner as required by the laws of this State and the regulations of the Commissioner, if any, that he is competent to represent such insurer with respect to the types of accident and health insurance issued by it. Section 8. Be it further enacted, that A. A person not resident in this State may be licensed as an agent upon compliance with the provisions of this Act; provided that the State in which such person resides will accord the same privilege to a citizen of this State. Non-resident agents. B. The Commissioner is further authorized to enter into reciprocal agreement with the appropriate official of any other State waiving the written examination of any applicant resident in such other State provided: (1) That a written examination is required of applicants for an agent's license in such other State; (2) That the appropriate official of such other State certifies that the applicant holds a currently valid license as an agent in such other State and either passed such written examination or was the holder of an agent's license prior to the time such written examination was required; (3) That the applicant has no place of business within this State nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this State as an insurance agency; (4) That in such other State, a resident of this State is privileged to procure an agent's license upon the foregoing conditions and without discrimination as to fees or otherwise in favor of the residents of such other State. Section 9. Be it further enacted, that A. Additional licenses shall be issued to any agent

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when requested by an official or duly authorized representative of an insurer; provided such additional license shall be limited to the class or classes for which the agent holds a license. Additional licenses. B. Any agent licensed in this State may place excess or rejected risks with any insurer lawfully doing business in this State, other than an insurer that such agent is licensed to represent, and an agent so placing excess or rejected risks shall not be required to hold a license to represent the insurer accepting such excess or rejected risks. Excess or rejected risks. Section 10. Be it further enacted, that A. Each license issued to an agent shall expire on March 1 following the date of issue, unless prior thereto it is revoked or suspended by the Commissioner of Insurance or the authority of the agent to act for the insurer is terminated. B. In the absence of a contrary ruling by the Commissioner, license renewals may be issued from year to year upon request of the insurer, without further action on the part of the agent. Renewal of license. C. Each request for renewal of license shall show whether the agent devotes all or part of his efforts to acting as an agent, and, if part only, how much time he devotes to such work and in what other business or businesses he is engaged or employed. D. Upon the filing of a request for renewal of license, the current license shall continue in force until the renewal license is issued by the Commissioner or until the Commissioner has refused for cause to issue such renewal license, as provided in Section 13 below, and has given notice of such refusal in writing to the insurer and the agent. Section 11. Be it further enacted, that, any other provision of this Act to the contrary notwithstanding, the

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Commissioner, if satisfied with the trustworthiness of the applicant may, without requiring a written examination, issue a temporary license: A. To the executor or administrator of the estate of a deceased person who at the time of his death was a licensed agent, or to the person or persons assisting an agent who is totally disabled; Temporary license. B. To a surviving next of kin of such a deceased person if no administrator or executor has been appointed or qualified, but any license issued under this subsection shall be revoked upon issuance of a license to an administrator or executor under Subsection A. of this section; C. To any person who has been appointed or who is being considered for appointment as an agent by an insurer immediately upon receipt by the Commissioner of an application executed by such person in the form required by Section 4 (a) of this Act, together with a certificate signed by an officer or properly authorized representative of such insurer stating: (1) That such insurer has investigated the character and background of such person and is satisfied that he is trustworthy; (2) That such person has been appointed or is being considered for appointment by such insurer as its agent; and (3) That such insurer desires that such person be issued a temporary license, provided, however, that if such temporary license shall not have been received from the Commissioner within seven (7) days from the date on which the application and certificate were delivered to or mailed to the Commissioner, the insurer may assume that such temporary license will be issued in due course and may continue such person in its employment; D. To an applicant for a license pending completion of the examination herein provided; provided, that a

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temporary license issued under this section shall be effective for ninety (90) days unless sooner terminated for cause pursuant to the provisions of this Act. Section 12. Be it further enacted, that A. Every insurer shall, upon termination of the appointment of any agent, immediately file with the Commissioner a statement of the facts relative to the termination of the appointment and the date and cause thereof. The Commissioner shall thereupon terminate the license of such agent to represent such insurer in this State. Termination of agency. B. Any information, document, record or statement required to be made or disclosed to the Commissioner pursuant to this section shall be deemed a privileged communication and shall not be used as evidence in any court action or proceeding. Documents privileged. Section 13. Be it further enacted, that A. A license may be refused, or a license duly issued may be suspended or revoked or the renewal thereof refused by the Commissioner if, after notice and hearing as hereafter provided, he finds that the applicant for, or holder of such license: Revocation and refund of license. (1) Has wilfully violated any provision of the insurance laws of this State; or (2) Has intentionally made a material misstatement in the application for such license; or (3) Has obtained, or attempted to obtain, such license by fraud or misrepresentation; or (4) Has misappropriated or converted to his own use or illegally withheld money belonging to an insurer or an insured or beneficiary; or (5) Has otherwise demonstrated lack of trustworthiness or competence to act as an agent; or

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(6) Has been guilty of fraudulent or dishonest practices; or (7) Has materially misrepresented the terms and conditions of insurance policies or contracts; or (8) Has made or issued, or caused to be made or issued, any statement misrepresenting or making incomplete comparisons regarding the terms or conditions of any insurance or annuity contract legally issued by any insurer, for the purpose of inducing or attempting to induce the owner of such contract to forfeit or surrender such contract or allow it to lapse for the purpose of replacing such contract with another; or (9) Has obtained, or attempted to obtain such license, not for the purpose of holding himself out to the general public as an agent, but primarily for the purpose of soliciting, negotiating or procuring insurance or annuity contracts covering himself or members of his family, or the officers, directors, stockholders, partners, employees, of a partnership, association, or corporation of which he or a member of his family is an officer, director, stockholder, partner or employee. B. Before any license shall be suspended or revoked, or the renewal thereof refused hereunder, the Commissioner shall give notice of his intention so to do, by registered mail, to the applicant for, or holder of such license and the insurer whom he represents or who desires that he be licensed, and shall set a date not less than twenty (20) days from the date of mailing such notice when the applicant or licensee and a duly authorized representative of the insurer may appear to be heard and produce evidence. In the conduct of such hearing, the Commissioner or any deputy Commissioner specially designated by him for such purpose shall have power to administer oaths, to require the appearance of, and examine any person under oath, and to require the production of books, records, or papers relevant to the inquiry upon his own initiative or upon request of the applicant or licensee. Upon termination of such hearing, findings shall

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be reduced to writing and, upon approval by the Commissioner, shall be filed in his office and notice of the findings sent by registered mail to the applicant or licensee and the insurer concerned. Notice. Hearing. C. No licensee whose license has been revoked hereunder shall be entitled to file another application for a license as an agent within one year from the effective date of such revocation or, if judicial review of such revocation is sought within one year from the date of final court order or decree affirming such revocation. Such application when filed, may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license. D. Any applicant whose application for a license has been rejected (except for failure to pass a required written examination) shall, upon request therefor in writing within ten days after notice of such rejection, be entitled to a hearing as provided for by this section and the procedure set forth by this section shall apply to the same. Section 14. Be it further enacted, that every licensed agent shall inform the Commissioner promptly in writing of a change of his principal business address. Change of address. Section 15. Be it further enacted, that the Commissioner is hereby authorized to establish such rules and regulations as shall be necessary for the administration of this Act. Rules and regulations. Section 16. Be it further enacted, that for the purpose of making such investigations as he may deem necessary for the proper administration of this Act, the Commissioner and his deputy specially designated by him for the purpose of conducting a hearing or an investigation shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath; provided, that all testimony, documents and other evidence required to be submitted to the Commissioner,

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pursuant to this Act, shall be privileged and shall not be admissible as evidence in any other proceeding. Investigations. Section 17. Be it further enacted, that any person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished as for a misdemeanor, and the Commissioner shall revoke the license of any such person who shall be an agent. Violations. Section 18. Be it further enacted, that agents holding licenses authorizing them to transact business in the State of Georgia on the effective date of this Act shall continue to be so authorized to the same extent as if such agents had been examined pursuant to this Act and duly licensed. Present by licensed agents. Section 19. Be it further enacted, that all laws or parts of laws in conflict with this Act are hereby repealed. Section 20. Be it further enacted, that if any provision or section of this Act shall be held unconstitutional or otherwise invalid for any reason, such holding shall not be construed as affecting the validity of any remaining portion of such section or of this Act. Section 21. Be it further enacted, that this Act shall take effect ninety (90) days after its approval. Section 22. Be it further enacted that the budget authority is hereby authorized and required to set aside funds from any available appropriation, sufficient in amount to pay the cost of administering this Act. Funds. Approved March 4, 1953.

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STATE EMPLOYEES EXPOSED TO TUBERCULOSIS. No. 420 (House Bill No. 508). An Act to provide compensation to employees of institutions, agencies, or departments of the State charged with the care, treatment, or diagnosis of persons infected with tuberculosis, who contract tuberculosis while in the employ of such institution, agency, or department; to provide minimum and maximum payments and duration of same; to provide for physical examinations; to provide for contributions to the Employees' Retirement System of Georgia; to provide that employees covered by this Act may elect to continue contributions to the Employees' Retirement System of Georgia based on total compensation or on the reduced compensation received; to provide that retirement credits and benefits of an employee receiving compensation under provisions of this Act shall be based upon the compensation elected and contributed on by the employee; to provide that employees covered by this Act shall be given credit for salary adjustments and eligibility for step increases under the Merit System of Personnel Administration; to provide that employees who have retired after contracting tuberculosis under provisions of Act 760 (Ga. Laws 1952, pp. 175-177) shall be eligible under the provisions of this Act; to provide for rules and regulations not inconsistent with this Act; to provide an effective date; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, any employee of any State institution, agency, or department, charged with the care, treatment, or diagnosis of persons infected with tuberculosis, who contracts tuberculosis while employed by such institution, agency, or department, may be carried on the payroll of such

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institution, agency, or department at one-half of his total compensation or $150.00 per month, which ever is less, for the duration of his disability due to tuberculosis, not to exceed 350 weeks. Employee contracting tuberculosis. In the event of death of the employee, while receiving compensation under the provisions of Section 1 of this Act, such compensation shall immediately cease. Section 2. Be it further enacted by the authority aforesaid that before any employee of any institution, agency, or department of the State is eligible to receive compensation under this Act, he must undergo a physical examination at the beginning of or during the course of his or her employment, which examination must show said person to be free of tuberculosis at that time. Examination on beginning employment. Section 3. Be it further enacted by the authority aforesaid that all physical examinations shall be provided free of charge by the institution, agency, or department employing the person. Section 4. Be it further enacted by the authority aforesaid that any institution, agency, or department having employees qualifying for compensation under the provisions of this Act may require periodic physical examinations of such employees to determine if each such employee has recovered sufficiently to resume his duties without danger of spreading the infection. If employee is found to be recovered sufficiently, he must forthwith return to his duties. In the event of failure so to do, he must be removed from the payroll of the institution, agency or department. Resumption of duties, or removal. Section 5. Be it further enacted by the authority aforesaid that if an employee of any State institution, agency, or department, under this Act, elects to retire under the provisions of the Employees' Retirement System of Georgia, if eligible, at the time it is ascertained that he has contracted tuberculosis, the compensation authorized under this Act shall not be paid. Employees' retirement system.

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Section 6. Be it further enacted by the authority aforesaid that in the event the employee is not eligible, or does not elect to retire under the provisions of the Employees' Retirement System of Georgia, if eligible, after contracting tuberculosis, the institution, agency, or department of the State by which he is employed shall continue to make contributions to the Employees' Retirement System of Georgia, based on the employee's total or reduced compensation, for the duration of his illness, not to exceed a maximum of 350 weeks. The employee may elect to continue his contributions to the Employees' Retirement System of Georgia based on his total compensation or on the reduced compensation received from the institution, agency, or department; provided, however, that retirement credits and benefits of an employee receiving compensation under provisions of this Act shall be based upon the compensation elected and contributed on by the employee. Contributions during illness. Section 7. Be it further enacted by the authority aforesaid that any employee of any State institution, agency, or department, who qualifies under the provisions of this Act, shall be given credit for all salary adjustments and the same eligibility for step increases to which he would have been entitled under the Merit System of Personnel Administration had he not contracted tuberculosis and had he remained on the job full time in the same capacity and with the same status as he had previously attained. Salary adjustments and step increases. Section 8. Be it further enacted by the authority aforesaid that, if an employee of any State institution, agency, or department under this Act, has before the effective date of this Act retired under the provisions of the Employees' Retirement System of Georgia after it has been ascertained that he has contracted tuberculosis as a result of such employment, in accordance with provisions of Act 760 (Ga. Laws 1952, pp. 175-177), he may elect the benefits of this Act provided he waives any further payments from the Employees' Retirement System of Georgia during the term of his eligibility under this Act. Retired employee; election of benefits.

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Section 9. Be it further enacted by the authority aforesaid that the superintendent or director having the legal authority to appoint employees of any institution, agency, or department of the State affected by this Act is authorized to make and promulgate rules and regulations, not inconsistent with the provisions of this Act, to effectuate and carry out the intent and purpose of this Act. Rules and regulations. The superintendent or director having the legal authority to appoint employees of any institution, agency, or department may exclude from the provisions of this Act the employees of divisions or units of the institution, agency, or department who, in the opinion of the superintendent or director, have no occupational exposure to tuberculosis. Section 10. Be it further enacted by the authority aforesaid that it is hereby declared to be the specific intent of this Act that the employees of the Milledgeville State Hospital, Battey Hospital, and Tattnall State Prison be covered by the provisions of this Act, subject to rules and regulations, not inconsistent with this Act, promulgated by the superintendent or director having the legal authority to appoint employees of the institution, agency, or department. Institutions covered. The above language shall not be construed to exclude the employees of any other institution, agency, or department of State, charged with the care, treatment, or diagnosis of persons infected with tuberculosis, who have an occupational exposure to tuberculosis. Section 11. Be it further enacted by the authority aforesaid that the provisions of this Act shall become effective on and after its approval by the Governor. Section 12. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same, are hereby repealed. Approved March 4, 1953.

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BOARDS OF EDUCATIONCOMPENSATION IN CERTAIN COUNTIES. Code 32-904 Amended. No. 423 (House Bill No. 451). An Act to amend Section 32-904, Georgia Code 1933, relating to compensation for members of county boards of education, so as to provide a different compensation for members of the county boards of education in all counties of the State having a population of not less than 62,800 and not more than 63,000, according to the 1950 Federal census, or any future Federal census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 32-904, Georgia Code 1933, relating to the compensation of members of the county boards of education, is hereby amended by adding to the end of said section the following: Provided, however, that in counties of this State having a population of not less than 62,800 and not more than 63,000, according to the 1950 Federal census, or any future Federal census, the members of the board of education shall be compensated in the amount of twentyfive dollars ($25.00) per month, and each member shall receive actual business expenses incurred while traveling outside of the county in the official capacity as a member of said board. Counties. Compensation. Section 2. This Act shall become effective on July 1, 1953. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. Georgia, Floyd County: Notice is hereby given that application will be made at the present 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 of 1919, page 321, compensation of members of county boards of education, so as to fix the compensation of members of county boards of education in counties in this State having a population of not less than 62,800 and not more than 63,000 (affecting Floyd County) according to the 1950 census, at $25 per month per member. This the 16th day of January, 1953. J. Battle Hall, Representative, Floyd County, Georgia. Jan. 16, 23, 30. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Battle Hall, who, on oath, deposes and says that he is Representative from Floyd County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following dates: January 16, 1953, January 23, 1953, and January 30, 1953. /s/ J. Battle Hall, Representative, Floyd County. Sworn to and subscribed before me, this 4th day of February, 1953. /s/ Robert L. Scoggin, Notary Public, Floyd County, Georgia. Approved March 4, 1953.

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PRIVATE WAYSAPPEAL FROM ORDINARYS JUDGMENT AS TO REMOVAL OF OBSTRUCTIONS. Code 83-120 Amended. No. 424 (House Bill No. 408). An Act to amend Section 83-120 of the Code of Georgia, relating to a review of the judgment of the ordinary in cases relating to obstructions on private ways, so as to provide for an appeal to the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 83-120 of the Code of Georgia, relating to a review of the judgment of the ordinary in cases relating to obstructions on private ways, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 83-120 to read as follows: Either party being dissatisfied with the judgment of the ordinary may, as a matter of right, appeal to the superior court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Appeal. Approved March 4, 1953.

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COURTS OF ORDINARYTIME AND PLACE FOR HOLDING. Code 24-2101 Amended. No. 425 (House Bill No. 445). An Act to amend Section 24-2101 of the Code of Georgia of 1933, relating to the time and place for holding the courts of ordinary in this State, so as to remove the requirement that cases must be called on the first Monday of the month when the first Monday is the return date of the case; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 24-2101 of the Code of Georgia of 1933, relating to the time and place for holding the courts of ordinary in this State, is hereby amended by striking the last sentence of said section, which reads: No case returnable to the first Monday is to be tried during said term, that is not called on that day and regularly set for a hearing on said day, or at a later date., in its entirety, so that said section when so amended shall read as follows: Code 24-2101 amended. The courts of ordinary shal be held at the place prescribed for the superior court or in the office of the ordinary in each county, by the ordinary thereof, on the first Monday in each month, and continue in session from day to day as the business of the court may require. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953.

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COMMERCIAL FISHERMENLICENSES. No. 429 (House Bill No. 278). An Act to amend an Act repealing an Act approved March 31, 1937 (Ga. Laws 1937, pp. 671-674), and enacting certain provisions relating to the administration of the food and drug acts of the State by the Commissioner of Agriculture, approved February 16, 1938 (Ga. Laws 1937-38, Extra Session, p. 332), as amended by an Act approved March 20, 1939 (Ga. Laws 1939, p. 316), and as amended by an Act approved March 8, 1945 (Ga. Laws 1945, p. 315), to exempt commercial fishermen from the provisions of Section 5 of said Act requiring license fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act repealing an Act approved March 31, 1937 (Ga. Laws 1937), p. 671-674), and enacting certain provisions relating to the administration of the food and drug acts of the State by the Commissioner of Agriculture, approved February 16, 1938 (Ga. Laws 1937-38, Extra Session, p. 332), as amended by an Act approved March 20, 1939 (Ga. Laws 1939, p. 316), and as amended by an Act approved March 8, 1945 (Ga. Laws 1945, p. 315), is hereby amended by adding onto the end of the first paragraph of Section 5(a), the following: Provided, that this section shall not apply to any commercial fisherman licensed to catch fish or seafood by the State game and fish laws, rules and regulations., so that said section shall read as follows: Section 5(a). The annual license fee for each and every resident wholesale fish dealer shall be the sum of $50.00 for each place of business, fixed or movable; the annual license fee for each non-resident or alien wholesale fish dealer shall be the sum of $50.00 for each place of business, fixed or movable. Each truck or movable unit from which fish are sold at wholesale shall be

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deemed a place of business within the meaning of this Act. Provided, that this section shall not apply to any commercial fisherman licensed to catch fish or seafood by the State game and fish laws, rules and regulations. License fee. That all foreign or alien dealers transporting fish into Georgia are hereby required to register for inspection at port of entry, either by truck or boat. Inspection fee shall be 50 cents per truck load of less than one ton, or 50 cents for each additional ton of fish, oysters, shrimp, etc., and failure to register shall be punished as for a misdemeanor. Section 2. That said Act, as amended, is further amended by adding the following to Section 5(c): nor shall any commercial fisherman licensed to catch fish or seafood by the State game and fish laws, rules and regulations be required to pay the license fee herein provided for., so that said section when so amended shall read as follows: Section 5(c). A resident who catches or produces the fish and other seafood he sells at retail shall not be required to pay the license fee provided in the Act of 1937-38, Extra Session, and as amended in the Act of 1939 (Ga. Laws), nor shall any commercial fisherman licensed to catch fish or seafood by the State game and fish laws, rules and regulations be required to pay the license fee herein provided for. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953.

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REFERENDUM ELECTIONSCERTIFICATION OF RESULTS. No. 431 (House Bill No. 484). An Act to require the results of all referendum elections to be certified to the Secretary of State; to provide the procedure therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Certification to Secretary of State. Section 2. It shall be the duty of the Secretary of State to provide facilities for the keeping of proper records of the certifications provided for in Section 1. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953. COUNTY BOARDS OF EDUCATIONCOMPENSATION OF MEMBERS. Code 32-904 Amended. No. 439 (House Bill No. 622). An Act to amend Section 32-904 of the Code of Georgia, relating to the compensation of the members of the

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county boards of education, so as to increase such compensation in all counties of this State having a population of not more than 8,300 and not less than 8,000 by the last census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 32-904 of the Code of Georgia, relating to the compensation of the members of the county boards of education, is hereby amended so that in all counties having a population by the last census of not more than 8,300 and not less than 8,000, the compensation of the members of the boards of education in all such counties shall be $10 per diem for each day's actual service to be paid out of the school fund appropriated to the county, rather than $2.00 as heretofore provided. Counties. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953. MILLEDGEVILLE STATE HOSPITALCOST OF PATIENT CARE. Code 35-204 Amended. Code 35-232, -233, -234 Repealed. No. 441 (House Bill No. 614). An Act to repeal Section 35-204Hospital free, to whom; additional food, etc., for pay patients; funds of patients; of the 1933 Code of Georgia applying to the Milledgeville State Hospital; to enact in lieu thereof a new Section 35-204 to provide that any person who is a legal resident of the State of Georgia and is committed to the Milledgeville State Hospital by the

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courts of this State may be maintained free of charge by said hospital; to repeal Section 35-232Pauper patients; how admitted; to repeal Section 35-233How pauper patients supported; to repeal Section 35-234Pauperism ceasing, patients required to pay; of the 1933 Code of Georgia; to provide for voluntary contributions for the upkeep and maintenance of persons committed to the Milledgeville State Hospital; to provide that this Act shall in no wise conflict with the voluntary admission Act (Act 654, Ga. Laws, 1952, pp. 94-96) and maintenance charges made in conformity therewith; to provide when this Act shall become effective; to repeal all laws or parts of laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 35-204Hospital free, to whom; additional food, etc., for pay patients; funds of patients; of the 1933 Code of Georgia applying to the Milledgeville State Hospital be, and the same is, hereby repealed and stricken in its entirety. Code 35-204 amended. Be it further enacted, that there is hereby enacted in lieu of said stricken section a new Section 35-204 which shall read as follows: Section 35-204Hospital free, to whom. Any person who is a legal resident of the State of Georgia and legally committed to the Milledgeville State Hospital by the courts of this State may be maintained free of charge by said hospital. Hospital free, to whom. Section 2. Be it further enacted by the authority aforesaid, that Section 35-232Pauper patients; how admitted; Section 35-233How pauper patients supported; Section 35-234Pauperism ceasing, patients required to pay; of the 1933 Code of Georgia applying to the Milledgeville State Hospital be and the same are hereby repealed and stricken in their entirety. Code 35-232,-233,- 234, stricken.

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Section 3. Be it further enacted by the authority aforesaid, that any person, firm, corporation, or organization may contribute funds for the upkeep and maintenance of any person committed to the Milledgeville State Hospital under such rules as may be prescribed by the Director of the State Department of Public Welfare. Contributions. Section 4. Be it further enacted by the authority aforesaid, that this Act shall in no wise repeal or modify the provisions of the voluntary admission Act (Act 654, Ga. Laws 1952, pp. 94-96) which provides for voluntary admission of persons to the Milledgeville State Hospital and maintenance charges in connection therewith. Act of 1952. Section 5. Be it further enacted by the authority aforesaid, that this Act shall become effective July 1, 1953. Section 6. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 4, 1953. WORKMEN'S COMPENSATIONEMPLOYEE DEFINED. Code 114-101 Amended. No. 446 (House Bill No. 435). An Act to amend Section 114-101 of the Code of Georgia, as amended, relating to the definition of Employer and Employee under the Workmen's Compensation Law, so as to include firemen and policemen in the term employee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. Section 114-101 of the Code of Georgia, as amended, relating to the definition of employer and employee under the Workmen's Compensation Law, is hereby amended by adding at the end of the paragraph defining the term employee the following: All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein, so that said paragraph when so amended shall read as follows: `Employee' shall include every person in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation or profession of the employer and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute: Provided, that nothing herein contained shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this law. All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein. Employee. Firemen and policemen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953. FISHING AND SHRIMPING LICENSES. No. 447 (House Bill No. 272). An Act to require all persons operating boats or vessels while fishing for shrimp or fish by use of nets upon any

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tidal or salt waters of the State to have a license from the State Game and Fish Commission; providing for application for and issuance of such license; providing who shall be so licensed; providing that such license must be on the person of such operator when so engaged in fishing; to provide for the revocation, suspension or cancellation of such licenses; to provide for hearings; to provide procedures for such hearings; to provide that the decisions of such hearings shall be conclusive upon all questions of fact; to provide for appeals; to provide for the filing of applications, appeals and writings; to provide a penalty for violation of the provisions of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. From and after July 1, 1953, it shall be unlawful for any person to operate any boat or vessel while fishing for shrimp or fish by use of nets upon any of the tidal or salt waters of this State without first obtaining a license under the provisions of this Act. Fishing and shrimping without license. Section 2. Any person desiring such a license shall make application therefor to the State Game and Fish Commission upon forms to be furnished by the commission and the applicant shall give truthfully and accurately all information requested in such application form. Applications. Section 3. Such license shall be granted to any person except one who (a) Is less than eighteen years of age, (b) Is physically or mentally incapable of operating a boat or vessel upon the tidal and salt waters of this State. Who may not be licensed. Section 4. Such license must be upon the person of the operator of the said boat or vessel at all times when engaged in fishing or in going to or returning from fishing

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grounds. Requirements. Section 5. Such license shall be in such form and signed or validated by such person or persons as may be provided by the State Game and Fish Commission. Section 6. All licenses issued hereunder shall be subject to revocation by the Game and Fish Commission and shall be revoked by it, if the holder of such license shall violate any of the laws of this State, or any rule or regulation of the State Game and Fish Commission having the force and effect of law, pertaining to fishing with nets upon the tidal or salt waters of the State. Conviction thereof in any court of competent jurisdiction in this State shall be conclusive evidence of such violation. If any holder of such license shall be charged with violation of any such laws, or such rules or regulations, the Game and Fish Commission may in its discretion suspend such license until the charges are disposed of. Revocation. Section 7. Any license issued shall be subject to cancellation if it is found by the State Game and Fish Commission to have been issued through error or fraud. Cancellation. Section 8. Upon the refusal, revocation, suspension or cancellation of any operator's license for cause, a hearing shall be granted on demand before any agent of the State Game and Fish Commission authorized by it to hear the same, which hearing shall be had in the county of such person's residence, and the evidence taken at such hearing shall be recorded and referred to the State Game and Fish Commission, with or without the recommendation of the hearing agent for decision and the said commission shall decide whether the license was properly refused, revoked, suspended or cancelled. Hearings. Section 9. Any agent so appointed by the commission to hear any such matter shall have the power to subpoena witnesses and administer oaths. The sheriffs of this State within their respective jurisdictions, and their deputies, shall serve all subpoenas issued by such agent and shall receive the same fees as are now provided by law for like

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civil actions. Each witness who appears in obedience to such subpoena shall receive for attendance the fees prescribed by law for witnesses in civil cases in the superior courts. The superior court of the place where the hearing is to be held shall on application of the agent or the appellant enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and records. Powers of hearing agent. Section 10. The decision of the State Game and Fish Commission shall be in writing and shall be conclusive and binding as to all questions of fact; but the applicant or operator, as the case may be, may within ten days from the date of such decision, but not thereafter, appeal from such decision to the superior court of the county of the appellant's residence in the manner hereinafter outlined, and upon the following grounds, viz: The appellant may file an application in writing with the Game and Fish Commission asking for an appeal from such decision, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed the State Game and Fish Commission shall within thirty days from the filing of the same, cause certified copies of all documents and papers then on file in its office in the matter, and a transcript of all testimony taken therein, to be transmitted with its decision to the clerk of the superior court to which the case is appealable, as hereinbefore set out. The cause so appealed may thereupon be brought on for a hearing in either term time or vacation before said superior court upon such record by either the appellant or the State Game and Fish Commission on ten days written notice to the other; subject, however, to an assignment of the same for hearing by the court. The findings of fact made by the State Game and Fish Commission within its power shall, in the absence of fraud, be conclusive, but upon such hearing the court shall set aside the decision of such commission if it be found that Appeals. 1. The commission acted without or in excess of its powers, 2. The decision was procured by fraud, Grounds for setting aside.

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3. The facts found do not support the decision, 4. There is not sufficient competent evidence in the record to warrant the decision complained of; or that 5. The decision is contrary to law. No decision of said commission shall be set aside by the court upon any grounds other than one or more of the grounds above stated. If not set aside upon one or more of such stated grounds, the court shall affirm the decision of the commission so appealed from. Upon the setting aside of any such decision, the court may recommit the controversy to the commission for further hearing or proceedings in conformity with the judgment and opinion of the court, or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Either the appellant or the State Game and Fish Commission who may be aggrieved by a judgment entered by the superior court upon an appeal from such a decision of the commission to the superior court, may have the same reviewed by the Court of Appeals within the time and in the manner provided by law for bills of exception from other orders, judgments and decrees of the superior court. Writ of error. Section 11. Where any application, appeal or writing is required by this Act to be filed with the State Game and Fish Commission, the filing of the same with the Director of the Game and Fish Department shall be sufficient compliance. Section 12. Any person who shall violate any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be punished as for a misdemeanor. Violations. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953.

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PUBLIC SUPPORTED SCHOOLS AND COLLEGESSUBJECTS OF INSTRUCTION. Code 32-706 Amended. No. 449 (House Bill No. 464). An Act to amend Section 32-706 of the Code of Georgia of 1933, relating to instructions in all schools and colleges sustained by public funds, so as to provide for instructions in the history of the United States, and the history of Georgia, and to provide that no student shall receive his certificate of graduation without passing an examination upon the history of the United States, and the history of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 32-706 of the Code of Georgia of 1933, relating to instructions in all schools and colleges sustained by public funds, is hereby amended by inserting after the word instruction in the third line of said section the words in the history of the United States, and in the history of Georgia, and, and by inserting after the word examination in the seventh line of said section the words of the history of the United States, and the history of Georgia, and, so that said section when so amended shall read as follows: Code 32-706 amended. All schools and colleges sustained or in any manner supported by public funds shall give instruction in the history of the United States, and in the history of Georgia, and in the essentials of the United States Constitution and the Constitution of Georgia, including the study of and devotion to American institutions and ideals, and no student in any school or college shall receive a certificate of graduation without previously passing a satisfactory examination of the history of the United States, and the history of Georgia, and upon the provisions and principles of the United States Constitution and the Constitution

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of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953. MEMBERS OF CITY COUNCILELIGIBILITY FOR OTHER OFFICE IN CERTAIN CITIES. No. 452 (House Bill No. 440). An Act to provide that in cities having a population of seventy-one thousand or more according to the official census of the United States of 1950, or any future census, members of the city council or board of aldermen during the term of office for which they are chosen shall be competent to hold any other office, including that of mayor, in said cities where they are elected by the qualified voters, provided that they resign the office of councilman or alderman before taking the oath of office, to validate all elections heretofore held of councilmen or aldermen to any office, including that of mayor, to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same as follows: 1. Members of the city council or board of aldermen of all cities in the State of Georgia having a population of seventy-one thousand or more according to the official census of the United States of 1950, or any future census, shall be competent during the term of office for which they were elected to hold any other office, including that of mayor, to which they shall be elected by the qualified voters of such cities, provided they resign the office of councilman or alderman before they

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take the oath of office to which they are elected. Cities. 2. The election by the qualified voters of any such city of a member of the city council or the board of aldermen to any office, including that of mayor, to serve during the term to which he was elected as such member, in any election heretofore held in any such city, is hereby validated and declared to be legal, provided such member resigned as a member of the city council or board of aldermen prior to taking the oath of office to which he was elected at such election. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1953. REGISTRATION OF MARRIAGE, DIVORCES AND ANNULMENTS. No. 453 (House Bill No. 471). An Act to amend an Act approved February 12, 1952, entitled An Act to provide a uniform system for the registration of marriages, divorces, annulments of marriage; to repeal all laws and parts of laws in conflict with this Act; and for other purposes; appearing in Georgia Laws 1952, at page 103 et seq., by deleting the requirement that the plaintiff's attorney shall fill in a form; by requiring that the clerk of the superior court shall fill in a form with such information as is contained in the pleadings of a suit for divorce or annulment; by repealing Section 14, which makes the violation of said law a misdemeanor; and for other purposes: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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Section 1. The Act approved February 12, 1952, appearing at page 103 et seq., of Georgia Laws 1952, entitled An Act to provide a uniform system for the registration of marriages, divorces, annulments of marriage; to repeal all laws and parts of laws in conflict with this Act; and for other purposes; be and it is hereby amended by adding after the first paragraph of Section 8 thereof the following proviso: Provided, however, that said form shall require only such information as is normally disclosed by the pleadings in such suit for divorce or annulment. Sec. 8, Act of 1952, amended. Section 2. Said Act approved February 12, 1952, is further amended by striking the second paragraph of Section 8 thereof as its entirety and substituting therefor the following: When the final decree is granted, the clerk of the superior court shall fill out said form, inserting therein all the required information which is disclosed by the pleadings in said case and shall sign the same. Clerk to fill out form. Section 3. Any person who violates any of the provisions of this Act, or refuses to perform any of the duties imposed upon him by this Act, shall constitute a misdemeanor, and fined not more than $25.00. Violations. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1953. PETITION TO PROBATE IN SOLEMN FORMNOTICE. Code 113-607 Amended. No. 454 (House Bill No. 210). An Act to amend Section 113-607 of the 1933 Code of

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Georgia relating to the giving of notice of a petition to probate a will in solemn form; to provide for service of notice to probate on non-resident or unknown parties by publication in newspaper in which sheriff's advertisements appear once a week for four weeks; to provide for the contents of such notice; to provide for the mailing of a copy of the newspaper containing such notice to a known non-resident party; to provide that notice by publication shall be equivalent to personal service when party is non-resident or unknown; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 113-607 of the 1933 Code of Georgia relating to the giving of notice of a petition to probate a will in solemn form is amended by striking said Code Section in its entirety and inserting in lieu thereof the following: Code 113-607 amended. 113-607. Notice of motion for probate in solemn form,Notice of a petition for probate in solemn form shall be personal, if the party resides in the State, and is known, and shall be served at least 10 days before the term of the court at which the probate is to be made. When a party to be served is unknown, or resides without the State, upon the fact being made to appear to the court, such court shall order service to be perfected by publication in the newspaper in which sheriff's advertisements are published in the county in which the application for probate in solemn form is made, once a week for four weeks. The records of the court shall show the persons notified and the character of the notice given. Notice. Service by publication. (a) Such published notice shall contain a caption setting forth the court, the term of court at which the order for service by publication was granted, the name of the deceased and the fact that application has been made to probate the will of such deceased in solemn form and

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the name of the applicant and whether the applicant seeks letters testamentary or continuance in force of letters testamentary previously granted, if any, and shall contain a notice directed and addressed to the party to be served, if known, and if not known, then and in that event to all and singular the heirs at law of such deceased, commanding him or them, or all as the case may be, that is, such known non-resident party or parties and such unknown heir or heirs, to be and appear at the next term of the court to then and there show cause if any there be why the probate in solemn form of such will should not be had and shall bear teste in the name of the ordinary and shall be signed by the clerk of the court of ordinary, if there be one other than the ordinary, and if not, then by the ordinary as clerk of the court and shall have thereon the seal of the court. (b) Where the residence or abiding place of a non-resident to be notified is known, the propounder shall file in the court within three days after the first publication of the notice a copy of the newspaper in which the notice is published with such notice plainly marked; and, thereupon, it shall be the duty of the clerk of the court of ordinary, if there be one other than the ordinary, and if not, then the duty of the ordinary, as clerk of the court, within two days after the filing of such newspaper in the court, to enclose, direct, stamp and mail said paper to the party to be notified. (c) When service by publication is ordered pursuant to this Act in the matter of probate of a will in solemn form, compliance with the provisions of this Act relating to a party to be notified who is unknown or resides without the State shall be equivalent to personal service of a copy of the petition, citation, and order for publication when that fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show publication notice directed to all and singular the heirs at law of such deceased and compliance with this Act. In the case of a non-resident person known, his name shall appear in

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the records of the court and such records shall show as to his compliance with this Act. In any case where there may be a party unknown and a known non-resident of the State to be notified, one order for publication shall be sufficient and the notice to be published shall be directed as provided in Subparagraph (a) of this Act. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1953. CORDELE JUDICIAL CIRCUITFINES AND FORFEITURES. No. 456 (House Bill No. 421). An Act to provide for the collection, manner of distribution and the disposition of fines and forfeitures arising in the superior courts of the Cordele Judicial Circuit; to designate the officer who shall collect and disburse such fines and forfeitures; to equalize the compensation of the officers of said courts in criminal and quasi-criminal cases; to repeal all laws in conflict therewith; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that all fines, forfeitures and monies paid to or collected by the sheriff, solicitor-general or other officer of court in any criminal or quasi-criminal case, matter or condemnation proceeding in the superior courts of the Cordele Judicial Circuit shall be delivered to the clerk of the superior court of the county in which said case or proceeding was pending and said clerk shall compute the fees and costs due the various officers of court and all such funds collected or received hereunder by said clerk shall be divided and distributed by him under the supervision of the solicitor-general and under order of the court. Delivery to clerk.

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Section 2. Be it further enacted by the authority aforesaid that a distribution or settlement shall take place at each term of the several superior courts of said circuit and cover all undistributed funds and that at each settlement the solvent costs de the various officers of court shall be computed and all of such officers including the justices of the peace and constables shall be paid the fees and costs due them in the particular cases out of which such fines or forfeitures arose. Distribution. Section 3. Be it further enacted by the authority aforesaid that after the solvent costs due the various officers have been paid and payments made to the Peace Oficers Annuity and Benefit Fund and the Superior Court Clerk's Retirement Fund as provided by law, the balance of all funds on hand, if any, shall be divided among and paid to the sheriff, clerk and solicitor-general in such proportions and amounts so that said three officers will each receive the same compensation and if there are insufficient funds on hand to accomplish such equalization then such funds shall be distributed among the sheriff, clerk and solicitor-general so as to equalize as nearly as possible the amount each of them receives in any particular settlement. Apportionment. Section 4. It is the intent and purpose of this Act to adjust and fix the compensation of the solicitor-general, sheriff and clerk in criminal and quasi-criminal cases so that upon every settlement or distribution of the fines and forfeitures fund each of said officers will receive a like amount, namely one-third of the same; and this Act shall be liberally construed to effectuate such purpose. Intent of Act. Section 5. Be it further enacted by the authority aforesaid, that if any section or portion of this Act or the application thereof to any person or set of circumstances is held invalid such invalidity shall not affect any other section or portion thereof or any application thereof to other persons or sets of circumstances which can possibly be given effect and to this end the provisions and sections of this Act are hereby declared to

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be severally enacted. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 7. Be it further enacted by the authority aforesaid that the copy of the notice of intention to apply for passage of this Act together with the certificates of the publishers of the newspapers in which the sheriff's advertisements for the four counties of the Cordele Judicial Circuit are published to the effect that said notice has been published in each of said counties as required under the provisions of Article III, Section VII, Paragraph XV of the Constitution of this State as codified in Section 2-1915 of the Code of Georgia and as required under Section 47-801 of said Code, which said copy of notice and certificates of publishers are hereto attached, be, and the same are hereby, incorporated in and made a part of this Act. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1953, said General Assembly being now in session, a local bill with the title and caption as follows: An Act to provide for the collection, manner of distribution and the disposition of fines and forfeitures arising in the superior courts of the Cordele Judicial Circuit; to designate the officer who shall collect and disburse such fines and forfeitures; to equalize the compensation of the officers of said courts in criminal and quasi-criminal cases; to repeal all laws in conflict therewith; and for other purposes. This 12th day of January, 1953. Georgia, Ben Hill County. The undersigned, S. G. Pryor, Jr., hereby certifies

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that he is the editor and publisher of the Fitzgerald Herald, the official organ of Ben Hill County, Georgia, and the newspaper in which the sheriff's advertisements for Ben Hill County, Georgia are published and that the above and foregoing is a true and correct copy of the notice to apply for local legislation which appeared in said newspaper under dates of January 16, 1953, January 23, 1953, and January 30, 1953, and that this certificate is made for the purpose of being attached to and made a part of said local bill. This 30th day of January, 1953. /s/ S. G. Pryor, Jr. S. G. Pryor, Jr. Address: Fitzgerald, Georgia Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1953, said General Assembly being now in session, a local bill with the title and caption as follows: An Act to provide for the collection, manner of distribution and the disposition of fines and forfeitures arising in the superior courts of the Cordele Judicial Circuit; to designate the officer who shall collect and disburse such fines and forfeitures; to equalize the compensation of the officers of said courts in criminal and quasi-criminal cases; to repeal all laws in conflict therewith; and for other purposes. This 12th day of January, 1953. Georia, Crisp County. The undersigned, E. W. Mathews hereby certifies that he is the editor and publisher of the Cordele Dispatch, the official organ of Crisp County, Georgia, and the newspaper in which the sheriff's advertisements for

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Crisp County, Georgia, are published and that the above and foregoing is a true and correct copy of the notice to apply for local legislation which appeared in said newspaper under dates of January 14th, 1953, January 21st, 1953, and January 28th, 1953, and that this certificate is made for the purpose of being attached to and made a part of said local bill. This 30th day of January, 1953. /s/ E. W. Mathews E. W. Mathews Address: Cordele, Ga. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1953, said General Assembly being now in session, a local bill with the title and caption as follows: An Act to provide for the collection, manner of distribution and the disposition of fines and forfeitures arising in the superior courts of the Cordele Judicial Circuit; to designate the officer who shall collect and disburse such fines and forfeitures; to equalize the compensation of the officers of said courts in criminal and quasi-criminal cases; to repeal all laws in conflict therewith; and for other purposes. This 12th day of January, 1953. Georgia, Dooly County. The undersigned, C. M. Methvin, Jr. hereby certifies that he is the editor and publisher of the Vienna News, the official organ of Dooly County, Georgia, and the newspaper in which the sheriff's advertisements for Dooly County, Georgia, are published and that the above

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and foregoing is a true and correct copy of the notice to apply for local legislation which appeared in said newspaper under dates of January 15th, 1953, Janaury 22nd, 1953, and Januar{29th, 1953, and that this certificate is made for the purpose of being attached to and made a part of said local bill. This 30th day of January, 1953. /s/ C. M. Methvin, Jr. C. M. Methvin, Jr. Address: Vienna, Georgia Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1953, said General Assembly being now in session, a local bill with the title and caption as follows: An Act to provide for the collection, manner of distribution and the disposition of fines and forfeitures arising in the superior courts of the Cordele Judicial Circuit; to designate the officer who shall collect and disburse such fines and forfeitures; to equalize the compensation of the officers of said courts in criminal and quasi-criminal cases; to repeal all laws in conflict therewith; and for other purposes. This 12th day of January, 1953. Georgia, Wilcox County. The undersigned, E. T. Methvin hereby certifies that he is the publisher of the Abbeville Chronicle, the official organ of Wilcox County, Georgia, and the newspaper in which the sheriff's advertisements for Wilcox County, Georgia, are published and that the above and foregoing is a true and correct copy of the notice to apply for local legislation which appeared in said newspaper under dates of January 15th, 1953, January 22, 1953,

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and January 29th, 1953, and that this certificate is made for the purpose of being attached to and made a part of said local bill. This 30th day of January, 1953. /s/ E. T. Methvin E. T. Methvin Address: Eastman, Georgia Approved March 4, 1953. MECHANICS' AND MATERIALMEN'S LIENS. Code 67-2004. No. 457 (House Bill No. 466). An Act to amend Chapter 67-20 of the Code of Georgia of 1933, as amended, relating to mechanics' and materialmen's liens, by adding a new section to said Chapter to be designated as Section 67-2004, which section shall provide for the discharge of the liens provided for in said Chapter as against real estate by the filing of a bond in double the amount claimed upon any of said liens; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Chapter 67-20 of the Code of Georgia of 1933, as amended, relating to mechanics' and materialmen's liens, is hereby amended by adding a new section to said Chapter to be designated as Section 67-2004 and to read as follows: Code 67-2004. Section 67-2004. When any person, entitled under this Chapter to claim a lien against any real estate located in this State, shall file his lien in the office of the

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clerk of the superior court of the county in which said real estate is located, the owner of the real estate, or the contractor employed to improve said property, may, before or after foreclosure proceedings are instituted, discharge said lien by filing in the office of the said clerk a bond with good security in double the amount claimed under said lien to be approved by the clerk of said court, conditioned to pay to the holder of said lien the sum that may be found to be due him upon the trial of any action that may be filed by said lien holder to recover the amount of his claim, within twelve months from the time said claim shall become due. Upon the filing of the bond provided for herein, the real estate shall be discharged from the lien. Bond to discharge lien. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953. ATTORNEY'S FEES ON NOTES, ETC. Code 20-506 Amended. No. 458 (House Bill No. 331). An Act to amend Section 20-506 of the Code of Georgia, as amended, relating to attorney's fees upon notes or other evidence of indebtedness, so as to provide that obligations to pay attorney's fees upon a note or other evidence of indebtedness shall be valid and enforceable under certain conditions; to prescribe such conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 20-506 of the Code of Georgia, as amended, relating to attorney's fees upon notes or other

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evidence of indebtedness, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 20-506 to read as follows: Code 20-506 amended. Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, shall be valid and enforceable, and collectible as a part of such debt, if such note or other evidence of indebtedness be collected by or through an attorney after maturity, subject to the following provisions: (a) If such note or other evidence of indebtedness provides for attorney's fees in some specific percent of the principal and interest owing thereon, such provision and obligation shall be valid and enforceable up to but not in excess of fifteen percent of the principal and interest owing on said note or other evidence of indebtedness. (b) If such note or other evidence of indebtedness provides for the payment of reasonable attorney's fees, without specifying any specific percent, such provision shall be construed to mean fifteen percent of the first $500.00 principal and interest owing on such note or other evidence of indebtedness, and den percent of the amount of principal and interest owing thereon in excess of $500.00. (c) The holder of the note or other evidence of indebtedness, or his attorney at law, shall, after maturity of the obligation, notify in writing the maker, endorser or party sought to be held on said obligation that the provisions relative to payment of attorney's fees in addition to the principal and interest shall be enforced and that such maker, endorser or party sought to be held on said obligation has den days from the receipt of such notice to pay the principal and interest without the attorney's fees. If the maker, endorser or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attorney's fees shall be

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vaid and no court shall enforce the agreement. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1953. COFFEE COUNTYTAX FOR PROMOTION PURPOSES. Proposed Amendment to the Constitution. No. 75 (House Resolution No. 116-362e). A Resolution. Proposing to the qualified voters an amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, authorizing Coffee County to levy a tax not exceeding one-half mill on all of the taxable property in the county for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries and the development of agriculture in Coffee County; authorizing the county officers in charge of the fiscal affairs of the county to select a board of citizens from the county to sit with them and advise them respecting the use, employment and distribution of such funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, is hereby amended by adding to the end of said Paragraph I the following:

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Provided, however, that Coffee County is authorized to levy a tax in addition to those already provided for by law, not to exceed one-half mill, on all the taxable property in the county for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries and the development of agriculture in Coffee County, and the county officers of said county are authorized to select a committee of citizens of the county to sit with them and advise them in the handling and distribution of such funds for the purposes stated. Section 2. 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 branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution so as to provide that Coffee County may levy a tax not to exceed one-half mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new industries and the development of agriculture in Coffee County. Against ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution so as to provide that Coffee County may levy a tax not to exceed one-half mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of new

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industries and the development of agriculture in Coffee County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. COFFEE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 77 (House Resolution No. 131-420c). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section 6, Paragraph I of the Constitution of Georgia so as to provide for the election of a Superintendent of the Coffee County Schools by the Coffee County Board of Education; to provide for the fixing of qualifications, duties, responsibilities, authorities and compensation of the Superintendent of Coffee County Schools; to provide that the General Assembly shall be authorized to pass special enabling acts; to provide for a referendum to the qualified voters; and for other purposes.

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Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VIII, Section 6, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows: The Superintendent of the Coffee County schools shall be elected by the Board of Education of Coffee County, Georgia, effective January 1, 1957 and the Coffee County Board of Education shall fix the qualifications, duties, responsibilities, authorities and compensation of the Superintendent of the Coffee County schools. The General Assembly shall provide for the fixing of the term of office of the Superintendent of the Coffee County Schools. 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 thereto are to be liberally construed so as to effectuate the general purposes of this Act. 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 of Georgia. Section 2. 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 branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section 1,

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Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section 6, Paragraph I of the Constitution of Georgia so as to provide for the election of the Superintendent of Coffee County Schools and to provide for the fixing of his qualifications, duties, responsibilities, authorities and compensation. Against ratification of amendment to Article VIII, Section 6, Paragraph I of the Constitution of Georgia so as to provide for the election of the Superintendent of Coffee County schools and to provide for the fixing of his qualifications, duties, responsibilities, authorities and compensation. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

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U. S. AIR FORCE ACADEMY. No. 78 (House Resolution No. 189). A Resolution. Requesting the United States Department of Defense to locate an Air Force Academy in Spalding County, Georgia; and for other purposes. Whereas, it is proposed that a United States Air Force Academy similar to the Academy at West Point and the Naval Academy at Annapolis be established; and Whereas, Spalding County, Georgia, has been selected as one of the fourteen locations in the United States on the approved list of locations; and Whereas, Spalding County would be an ideal location for the establishment of such an academy, and would provide the academy with an ideal location from the standpoint of geography, weather, manpower, and State and county support; Now, therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that the United States Department of Defense be urged and requested to select Spalding County, Georgia, as the location for the establishment of the United States Air Force Academy. Be it further resolved that the Clerk of the House send a copy of this Resolution to the Honorable Charles E. Wilson, Secretary of Defense of the United States. Approved March 4, 1953.

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TIFT COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 79 (House Resolution No. 18-87a). A Resolution. Proposing to the qualified voters of Tift County an amendment to Article VIII, Section 5, Paragraph 1 of the Constitution of Georgia so as to provide that all of Tift County shall comprise one school district and it shall be under the control and management of a county board of education composed of seven members; to provide for the appointment of members of the first such Tift County Board of Education by the Judge of the Superior Court of Tift County and to provide thereafter for their election; to provide for the qualifications, residence requirements and terms of office of members of said Tift County Board of Education to be appointed and to be elected; to provide for a special school tax of two (2) mills on the dollar to be levied when recommended by said Tift County Board of Education on all property in said county in addition to all other taxes required or authorized under the Constitution and laws of this State; to provide for the election and appointment of a county school superintendent by the Tift County Board of Education and to provide for his qualifications; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. That Paragraph I, Section V, Article VIII of the Constitution of Georgia of 1945, be, and the same is hereby amended by adding at the end thereof the following: All of Tift County shall compose one school district and shall be under the control and management

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of a county board of education. The Tift County Board of Education shall consist of seven (7) members, who shall serve without compensation. The Judge of the Superior Court of Tift County shall appoint the first board and one (1) of the members so appointed shall hold office for 4 years, two (2) for 3 years, two (2) for 2 years, and two (2) for 1 years. At the expiration of the terms of members of said board so appointed, their successors shall be elected by the qualified voters of Tift County for a term of 4 years. The election for board members shall be held on the second Tuesday in December each year at an election held for the purpose of electing members of the Tift County Board of Education. All candidates for membership on the Tift County Board of Education shall register with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the same manner and at the same places as regular elections and declare the results and certify to the proper authorities the duly elected members of said board. The County Board of Education provided for in this amendment shall take office on the July 1st next after the General Assembly of Georgia shall enact the necessary legislation implementing the provisions of this amendment following its ratification. One member of said Tift County Board of Education shall be a resident of the Omega or Docia Militia District; one member a resident of the Ty Ty or Chula Militia District; one member a resident of the Eldorado, Brighton or Brookfield Militia Districts; three members who are residents of the Tifton Militia District, one of whom shall be from within the city limits of Tifton and one from that portion of the Tifton Militia District lying outside the city limits of Tifton, and one from either within the city limits of Tifton or that portion of the Tifton Militia District lying outside

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the city limits of Tifton; one member at large who shall be a resident of any militia district in Tift County. This member at large shall be alternated in this manner: Every other term said member at large shall be a resident of the Tifton Militia District, and every other term the member at large shall be a resident of any of the Militia Districts of Tift County except the Tifton Militia District, it being provided however that on the first board of education which shall be appointed by the judge of the superior court as hereinafter set out, said member at large shall be a resident of the Tifton Militia District. The first board of education to be appointed by the judge of the superior court, as aforesaid, shall be as follows: Three members, of whom one shall be a resident of the Omega or Docia Militia Districts, one a resident of the Chula or Ty Ty Militia Districts, and one a resident of the Brighton, Brookfield or Eldorado Militia Districts, shall be chosen from the five members of the Tift County Board of Education who are serving at the time the judge makes said appointments to the new board. One of said three members referred to shall be appointed for a term of 3 years, one for a term of 2 years, and one for a term of 1 years. Two members who will represent the Tifton Militia District shall be chosen from the five members of the City of Tifton Board of Education who are serving at the time the said judge makes the appointments to the new board. One of these two members referred to shall be appointed for a term of 3 years and the other for a term of 2 years. One member who shall be a resident of that portion of the Tifton Militia District lying outside the city limits of Tifton and his term shall be for 1 years. One member who shall be designated a member at large and his term shall be for 4 years. However,

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said member at large to be appointed by the judge of superior court on said first board of education shall be a resident of the Tifton Militia District, without regard to whether his residence is inside the city limits of Tifton or outside said city limits of Tifton. All rights, powers and duties now exercised by the Tift County Board of Education and the Tifton City Board of Education shall be vested in the Tift County Board of Education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall elect a successor who shall hold office until the January 1st following the election of a person to fill said unexpired term at a regular December election. If there are one or more years remaining of the vacated member's term, the vacancy shall be filled for the unexpired term by election as provided for in Section 1 herein. No person shall be eligible to hold office as a member of the Tift County Board of Education who is not of good moral character, has not at least a reasonable knowledge of the elementary branch of an English education and who is not favorable to the common school system, and who is not a voter registered and qualified to vote for members of the General Assembly. No person who is or has been connected with or employed by a school book publishing concern or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education, and if any person shall be so connected or employed after becoming a member of the board, his place shall immediately become vacant. That in addition to all other taxes authorized or required by the Constitution and laws of this State, the fiscal authorities of the county shall levy a tax for the support and maintenance of schools under the jurisdiction of the Tift County Board of Education

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of two (2) mills upon the dollar on all taxable property located in the County of Tift when such additional two-mills tax is recommended by the Tift County Board of Education. From and after the ratification of this amendment the voters of Tift County shall no longer elect a county school superintendent. There shall be a county school superintendent who shall be selected or appointed by the Board of Education of Tift County. Before any person shall be selected or appointed county school superintendent he shall have all of the qualifications which are now, or may hereafter be prescribed by law for county school superintendent of the State, except that any legal requirements as to local residence shall not be applicable. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by twothirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph 1 of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors of this State. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section I, Paragraph 1 of the Constitution of Georgia providing that all of Tift County shall comprise one school district under the control of a County Board of Education composed of seven members. Against ratification of amendment to Article VIII, Section I, Paragraph 1 of the Constitution of Georgia providing that all of Tift County shall comprise one school district under the control of a County Board

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of Education composed of seven members. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the session of the General Assembly of Georgia convening on January 12, 1953, legislation affecting the County of Tift, said legislation to provide that there shall be proposed to the qualified voters of Tift County an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide that all Tift County shall compose one school district which shall be under the control and management of a county board of education, composed of 7 members; to provide for the appointment of members of the first such Tift County Board of Education by the Judge of the Superior Court of Tift County, and to provide thereafter for their election; to provide for the qualifications, residence requirements, and terms of office of members of said Tift County Board of Education to be appointed and to be elected, to provide for a special school tax of two (2) mills on the dollar to be levied, when recommended by said Tift County Board of Education on all property in said county in addition to the fifteen (15) mills provided for in Article VIII,

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Section XII, Paragraph 1 of the Constitution; and to propose to the qualified voters of Tift County an amendment to Article VIII, Section VI, Paragraph I, of the Constitution of Georgia, so as to provide for the selection and appointment of a county school superintendent by the Tift County Board of Education, and to provide for his qualifications; to provide for the submission of said amendments to the qualified voters of Tift County for ratification or rejection; and for other purposes. This the 12th day of December, 1952. Wm. T. Bodenhamer J. L. Williams, Representatives of Tift County to the General Assembly of Georgia. Georgia, Tift County. Personally appeared before me, the undersigned attesting officer, Representative Wm. T. Bodenhamer and Representative J. L. Williams, who on oath say they are the Representatives from Tift County, Georgia, and further depose and say that the above and foregoing attached notice was published in the Tifton Gazette on December 18, 24, 1952 and on January 1, 8, 1953, and that said publication is the publication in which the Sheriff of said county places his official advertisements. /s/ J. L. Williams /s/ Wm. T. Bodenhamer Sworn to and subscribed before me this 13th day of January, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956 Notarial Seal Affixed.

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CLARKE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 138-439b). A Resolution. Proposing to the qualified voters of Clarke County, Georgia (under the provisions of Article 13, Section 1, Paragraph 1, as amended by the vote of the people in the General Election of 1952), an amendment to Article VIII, Section VII 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 effectuate the merger of the existing independent school system known as the Board of Education of Athens, Georgia, and the existing school district in the County of Clarke lying outside the corporate limits of the Mayor and Council of the City of Athens, a municipal corporation, creating by such merger one independent school district or system coextensive with the limits of said county; to invest said district or system so created with a governing body and with all necessary powers and duties to carry out the purposes for which created; to provide a method for submission of this amendment to said voters for ratification; to provide for continued operation before enabling Act; to provide for necessary advertising of said proposed amendment; and for other purposes. Section 1. Be it resolved by the General Assembly of Georgia that Article VIII, Section VII of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to read as follows: Merger of existing independent school system known as the Board of Education of Athens, Georgia and existing school district in Clarke County outside the corporate limits of said city into one school district or system. The General Assembly of Georgia is

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hereby authorized to pass a special Act or Acts to merge the existing independent school system known as the Board of Education of Athens, Georgia and the existing school district in the County of Clarke outside the corporate limits of said city, as said corporate limits will exist on December 31, 1954, or may be thereafter extended, so that the entire area of said county shall constitute one school district or system, the existing independent school system of said city and the existing school district in said county outside said corporate limits of said city being thereby abolished. The construction, equipment and operation of a public library or libraries by said school system so to be created shall be held to be a part of said school system. (a) The said Act or Acts of the General Assembly may authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation of such rate, as the General Assembly may provide, for the support of said school system and for payment of the bonded indebtedness for school purposes of Clarke County and the Mayor and Council of the City of Athens. For school purposes only, property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by Article VII, Section I, Paragraph IV, of this Constitution. (b) The General Assembly may vest the powers of taxation, the making of provisions for tax returns and assessment of property and collection of taxes, together with such other powers necessary or incidental to the support of said school system, in any public body, board or commission or combination thereof, or may create new public bodies, boards, or commissions, or combinations thereof, in which said powers may be vested. Said public bodies, boards or commissions, or combinations thereof, shall have representation throughout said county. Notwithstanding any other provision of this Contribution

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or any provisions of law, the commissions or fees of the Tax Collector of Clarke County for collection of monies for school purposes shall not exceed the following rates: Two and one-half percent on the first one hundred twenty-five thousand dollars ($125,000.00) collected. One percent on the second one hundred twenty-five thousand dollars ($125,000.00) collected. One-half of one percent on all amounts collected above two hundred fifty thousand dollars ($250,000.00). The above schedule of rates shall apply to all collections of monies 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 Clarke County be changed from a fee to a salary, this provision shall become inoperative. (c) The Act of the General Assembly providing for said school merger may provide that all assessments of property made after the first day of any January as a basis of taxation for said school system shall be effective as of the first day of January of that year; and in cases of all taxes levied for said school system after the first day of any January the tax lien shall date, rank and become fixed as of the first day of January of that year. (d) The General Assembly may vest, within present constitutional limitations, the powers relating to issuance of bonds, creation of debts, borrowing of money, making of contracts, acquisition, holding, leasing or sale of lands and other property, together with such other powers necessary or incidental to the support of said school system, in any public bodies, boards or commissions or combinations thereof having representation thereon throughout the County of Clarke, or may create new public bodies, boards, or commissions, or combinations thereof, in which said powers may be vested. (e) The General Assembly may vest said school system with all privileges held by other school systems

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and districts of this State, including the addition thereto of colleges; and said school system shall be entitled to its pro rata portion of all educational funds now or hereafter provided by the State of Georgia and of the United States. (f) The General Assembly shall provide for a board of education, to bear such name and have such powers as may be provided in said Act, to administer said school system throughout said county; said board to elect or employ a superintendent of education, and all teachers and employees necessary to the administration of said school system. (g) The board of education shall be elected or appointed from the district-at-large as may be provided by the General Assembly, and filling of vacancies or removal for cause of any members also shall be as provided by the General Assembly. (h) The General Assembly shall be authorized to enact legislation for transfer of property, execution of contracts, payment of debts, bonded indebtedness, and all other obligations, vesting such powers in any new board created hereunder. (i) The board of education shall consist of not more than nine (9) members and not less than seven (7) members, with terms and qualifications as set by the General Assembly. (j) The General Assembly may authorize the City of Athens and the County of Clarke to appropriate money from their general funds to the board of education so to be created, for educational purposes, including but not limiting thereto, a public library or libraries to be operated by said board of education. This power of appropriation shall also exist upon the ratification of this amendment before the merger of the existing city school system and the existing school district in said county and before the passage of an Act by the General Assembly pursuant hereto, so as

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to permit said city to appropriate general funds to the existing city school system and to the existing school district in said county outside the corporate limits of said city, and to permit said county to appropriate general funds to the existing city school system and the existing school district in said county outside the corporate limits of said city. (k) The General Assembly may from time to time enact special Acts amending Acts enacted pursuant hereto; and may also provide for amendments directly by the qualified voters of Clarke County in referendums held for that purpose pursuant to general or special statutes of the State heretofore or hereafter enacted. (l) The specification of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of Clarke County. (m) The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this Constitution, or the general or special laws of the State. (n) Until such time as such Act or Acts as contemplated herein become effective, the present school systems shall continue to operate under existing laws. (o) No Act or Acts passed by the General Assembly pursuant hereto shall become law unless ratified in a referendum by a majority of those voting in the whole of Clarke County. Section 2. When the above proposed amendment to

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the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section VII, providing that all of Clarke County shall comprise one school district under the control of a board of education. Against ratification of amendment to Article VIII, Section VII, providing that all of Clarke County shall comprise one school district under the control of a board of education. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

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ALMATAX FOR PROMOTING INDUSTRIES. Proposed Amendment to the Constitution. No. 81 (House Resolution No. 48-220d). A Resolution. Proposing to the qualified voters an amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945, authorizing the City of Alma to levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Alma, and authorizing the city officials in charge of the physical affairs of the city to select a board of citizens from the city to sit with them and advise them respecting the use, employment and distribution of such funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945 be amended by adding at the end of said Paragraph I the following: Provided, however, that the City of Alma, in Bacon County, is authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the city for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting and encouraging the location of new industries in the City of Alma, and the city officials of said city are authorized to select a committee of citizens of the city to sit with them and advise them in the handling and distribution of such funds for the purposes stated. Section 2. When the above proposed amendment to

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the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article VIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that the City of Alma may levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Alma. Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that the City of Alma may levy a tax not to exceed one mill for the purpose of creating and setting aside a fund to be used in assisting, promoting and encouraging the location of new industries in the City of Alma. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the

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duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. EXCHANGE OF LANDS IN MURRAY COUNTY AUTHORIZED. No. 82 (House Resolution No. 112-362a). A Resolution. To authorize His Excellency, the Governor, to enter into such agreements as his judgment may dictate, in the exchange of properties, and to convey the interest of the State in said property located in Murray County, and which property is known as Fort Mountain State Park, for the purpose of clearing the title of said property, and Whereas the property comprising Fort Mountain State Park was acquired by donation and otherwise by the State several years ago, and Whereas upon the examination of the title of said property by competent title attorneys discloses that there now exist adverse interests to that of the State in said properties, and Whereas said examination further discloses that there are several breaks in the chain of the title and other defects thereto, and Whereas proper court proceedings have been authorized by the Governor, the Attorney-General and the State Auditor, as required by law, and Whereas it appears that several objections to the title to said property can, in the best interest of the State, be cleared by the exchange of interests of State

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for interests of equal value of persons holding interests adverse to the State, and Whereas to make such exchanges will expedite the clearing of the titles to said property and also will be more economical than the condemnation of outstanding interests by the State, and Whereas it is desirable and necessary in the development of the State park that the titles to said lands be cleared, Be it, therefore, now resolved by the House of Representatives, concurred in by the Senate of the State of Georgia, that His Excellency, the Governor, be and is hereby authorized to enter into such agreements of exchange of interest, and to execute such conveyance of titles on behalf of the State of Georgia as may be necessary to effectuate such agreements as his judgment may best dictate and upon the advice and recommendation by the Department of State Parks, Historic Sites and Monuments, and the Attorney-General, so that the titles to the property of Fort Mountain State Park may be cleared and that the title to said property be vested in fee simple in the State of Georgia in that portion of State property retained by the State for park purposes. Approved March 4, 1953. COFFEE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 83 (House Resolution No. 130-420b). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section 5, Paragraph 1 of the Constitution

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of Georgia so as to provide for the merger of the existing independent school system and district of the City of Douglas, Georgia, with the existing school district of Coffee County; to abolish the existing five-member Board of Education of Coffee County and to create a new seven-member board; to provide for the election of the seven-member board; to provide for the fixing of the terms of office, qualifications, duties, responsibilities, authorities and compensation of the members of the seven-member board; to provide for a referendum to the qualified voters; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VIII, Section 5, Paragraph 1 of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows: The independent school system and district of the City of Douglas, Georgia, are hereby merged with the existing school system and district of Coffee County, which is located without the corporate limits of the City of Douglas, thereby abolishing the present school system and district of the City of Douglas and enlarging the present existing school system of Coffee County so as to be co-extensive with the limits of Coffee County, Georgia. The school district so enlarged shall be governed by the laws now controlling the operation of the present Coffee County school system as the same may be applied to the enlarged district. The present five-member Board of Education of Coffee County, Georgia, is hereby abolished and a new seven-member Board of Education of Coffee County, Georgia, is hereby created. The members of the said seven-member Board of Education shall be elected by the grand jury of Coffee County; two of the members of the board to reside within the corporate limits

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of the City of Douglas; one of the members shall reside within the Douglas Militia District of Coffee County, but without the corporate limits of the City of Douglas; the remaining four members shall reside in militia districts of Coffee County other than the Douglas Militia District. With the exception of the Douglas Militia District, no two or more board members shall reside in the same militia district; and when any member or members of the board shall remove from the militia district from which appointed, or from within the corporate limits of the City of Douglas, as the case may be, the place of such member or the places of such members on the board of education shall immediately become vacant. The original terms of office of the members of the Board of Education of Coffee County shall be one member for a term of one year; two members for a term of two years; two members for a term of three years; and two members for a term of four years. Thereafter, all terms to fill expired terms shall be for a periof of four years. The term of office of no two of the three members of the board from the Douglas Militia District shall expire within the same year. The members of the Board of Education of Coffee County shall have such qualifications as are now or may hereafter be fixed by law. The members of the Board of Education of Coffee County, Georgia, shall receive such compensation as may be fixed by the board within the laws of Georgia. The seven-member Board of Education of Coffee County, Georgia, shall be vested with all the powers and authority and be subject to all the laws and regulations under which the former five-member board operated the Coffee County school system, as the same may apply to the enlarged district. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds

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of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section 5, Paragraph I of the Constitution of Georgia so as to provide for the merger of the independent school system of the City of Douglas with the existing school district of Coffee County so as to make the school district of Coffee County co-extensive with the limits of Coffee County and to provide for the creation, qualifications, duties, responsibilities, authorities and compensation of a seven-member Board of Education of Coffee County. Against ratification of amendment to Article VIII, Section 5, Paragraph 1 of the Constitution of Georgia so as to provide for the merger of the independent school system of the City of Douglas with the existing school district of Coffee County so as to make the school district of Coffee County co-extensive with the limits of Coffee County and to provide for the creation, qualifications, duties, responsibilities, authorities and compensation of a seven-member Board of Education of Coffee County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority

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of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. FEDERAL MOTOR FUEL TAXATION. No. 85 (House Resolution No. 175). A Resolution. Whereas, highways of the country, including the streets and bridges, are by tradition and by law the property and responsibility of the States and the subdivisions thereof; and Whereas, taxation of motor fuel traditionally has been relied upon by the States to produce a major part of the revenue necessary to construct and maintain their State highways and local roads, and the Federal Government, by its continued imposition of this levy, is usurping a tax field which should be reserved to the States; and Whereas, the Federal Government imposed its automobile excise taxes as temporary emergency measures during the early 1930's, but has continued these taxes in effect ever since at increasing rates; and Whereas, the motorists of this country are now paying five billion dollars a year in State and Federal motor vehicle and gasoline taxes, of which two billion dollars is paid out annually for the Federal gasoline and automotive excise taxes; and

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Whereas, the invasion of the field of gasoline taxation by the Federal Government has made the total State and Federal tax on a gallon of gasoline equal to thirty-six percent of the retail price on a national average; and Whereas, it has been recognized by the Council of State Governments and the Governors' Conference that this burden of Federal gasoline and automotive taxes seriously impairs the ability of the States to carry out their highway programs; Therefore, be it resolved that the legislature of Georgia urgently requests that the Federal Government retire immediately from the field of motor fuel taxation. Be it further resolved that a copy of this resolution be sent to the President of the United States, to every member of the Georgia delegation in Congress, to the Chairman of the Ways and Means Committee of the United States House of Representatives and to the Chairman of the Finance Committee of the United States Senate, and that the Governor of Georgia is urged to advise all members of the Georgia Delegation in Congress of the importance of this matter. Approved March 4, 1953. PEACE OFFICERS ANNUITY FUND. No. 461 (House Bill No. 105). An Act to amend an Act entitled, 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 of such fund to beneficiaries thereof, and for other purposes, approved February 1,

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1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), and by an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), so as to change the amount paid into the fund by the members; to change the amount to be paid into the fund from fines and forfeitures; to provide for a membership period before making application for retirement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled, 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 of such fund to beneficiaries thereof, and for other purposes, approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), and by an Act approved February 12, 1952 (Ga. Laws 1952, p. 81) is hereby amended by striking from Section 9 the following: 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., and inserting in lieu thereof the following: and shall pay a monthly sum into the Peace Officers Annuity and Benefit Fund of Georgia which shall be a percentage of the money received as their fixed salary or subsistence or both, or fixed salary and fees, or fees only, based on the following scale: Not more than $200.00 2% More than $200.00 but not more than $300.00 3% More than $300.00 but not more than $400.00 4% More than $400.00 5% Provided, however, that for the purpose of computing

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the amount to be paid into said fund by peace officers, no fixed salary or subsistence or both, or fixed salary and fees, or fees only, shall be deemed to exceed the sum of $5,000 per year. so that Section 9, when so amended, shall read as follows: Section 9. Peace officers as 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. Those persons who are now serving as such peace officers shall make application for membership in said fund on or before March 1, 1951. All those persons who subsequently become peace officers shall make application for membership in such fund within three months from the date of becoming such peace officers. They shall give 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 which shall be a percentage of the money received as their fixed salary or subsistence or both, or fixed salary and fees, or fees only, based on the following scale: Sec. 9 amended. Not more than $200.00 2% More than $200.00 but not more than $300.00 3% More than $300.00 but not more than $400.00 4% More than $400.00 5% Provided, however, that for the purpose of computing the amount to be paid into said fund by peace officers, no fixed salary or subsistence or both, or fixed salary and fees, or fees only, shall be deemed to exceed the sum of $5,000 per year. Applications. 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

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Fund of Georgia. Nothing herein contained shall be construed so as to prevent any peace officer from belonging to any retirement and benefit system other than the one herein provided for. Section 2. Said Act, as amended, is further amended by striking the figure $1 from line seven of said section, and inserting in lieu thereof the figure $2, so said section as amended, shall read as follows: 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 or more for the violation of a State statute or city ordinances or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case the sum of $2 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 moneys 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 in this law. Fines and forfeitures. Section 3. Said Act, as amended, is further amended by adding at the end of Section 11 the following: Any peace officer becoming a member of the fund on or after April 1, 1953, must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member before being eligible for any retirement benefits provided under this Act, provided, however, that nothing contained in this section shall be construed to in any manner alter the requirements of Section 2 of said Act, as amended, with respect to the requirement that no

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peace officer shall receive credit for service after March 1, 1951, unless he has paid into the fund the amount required by this Act for all such services. so that Section 11, when so amended, shall read as follows: Service requirements. 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 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 be at least sixty (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. Provided, further, any other provisions of this section or this Act to the contrary notwithstanding, any peace officer who has served the required thirty (30) years and who is totally and permanently disabled shall

Page 579

be entitled to receive the benefits to which he is entitled under the provisions of this Act, regardless of age. Any peace officer becoming a member of the fund on or after April 1, 1953, must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member before being eligible for any retirement benefits provided under this Act, provided, however, that nothing contained in this section shall be construed to in any manner alter the requirements of Section 2 of said Act, as amended, with respect to the requirement that no peace officer shall receive credit for service after March 1, 1951, unless he has paid into the fund the amount required by this Act for all such services. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1953. ABSENTEE VOTING. Code 34-3303, 34-3307 Amended. No. 465 (House Bill No. 133). An Act to amend Sections 34-3303 and 34-3307 of the Code of Georgia, and Section 34-3308 of the Code, as amended by an Act approved March 20, 1943 (Ga. Laws 1943, p. 228), which sections relate to voting by absentee ballot, so as to provide that a person qualified under the law to attest deeds may witness a person's voting by absentee ballot; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 34-3303 of the Code of Georgia,

Page 580

relating to voting by absentee ballot, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Section 34-3303 which shall read as follows: Code 34-3303 amended. 34-3303. Upon receipt of the registered letter, forwarded by the registrars, as is hereinafter provided, the applicant shall open the sealed envelope marked `ballot within' in the presence of the postmaster or his assistant, or any person 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 or his assistant, or any person qualified under the law to attest deeds, 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 registrars, and the registration date of same shall be the same as that of the coupon enclosed. Ballots, how worked. Section 2. Section 34-3307 of the Code of Georgia, relating to voting by absentee ballot, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section 34-3307 which shall read as follows: Code 34-3307 amended. 34-3307. The applicant shall open the sealed envelope marked `ballot within' in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall register the same in return. The voter shall mark and refold the ballot without assistance and shall not disclose the manner in which it has been marked, shall seal and sign the voucher, the postmaster or assistant, or any person qualified under the law to attest deeds, signing as witness to said voucher. How witnessed.

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In the Army and Navy a commissioned officer, commanding officer, or commissioned representative, shall sign the foregoing in lieu of the postmaster, or any other person qualified under the law to attest deeds. In territory without the jurisdiction of the United States the consular officer shall sign the certificate. Section 3. Section 34-3308 of the Code of Georgia, relating to voting by absentee ballot, as amended by an Act approved March 20, 1943 (Ga. Laws 1943, p. 228), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section 34-3308 which shall read as follows: Code 34-3308 amended. 34-3308. The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: This is to certify that the enclosed ballot was received by me from the registrars or the Ordinary of..... County, State of Georgia. The envelope marked `ballot within' was opened by me in the presence of (postmaster, or any person qualified under the law to attest deeds, consul or commissioned officer), of....., marked while in the office, without assistance or knowledge on the part of any one as to manner in which same

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was prepared, and then and there sealed as provided by law. Voucher. (Signed)..... Teste: ..... Date..... 19..... Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1953. LABORER'S AND MATERIALMEN'S LIENS. (Architects Included). Code 67-2001, 67-2002 Amended. No. 467 (House Bill No. 186). An Act to amend the Code of Georgia of 1933, Sections 67-2001 and 67-2002 as amended by Georgia Laws 1941, p. 345 and by Georgia Laws 1952, p. 291, concerning the creation, declaration and enforcement of laborer's and materialmen's liens, by providing that liens shall be created in favor of registered architects who furnish plans, drawings, and designs and other architectural services; by providing for the attachment of such liens for architectural services; by providing for the declaration, recording and priorities of such liens; 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 Code of Georgia of 1933, Sections 67-2001 and 67-2002, as amended by Georgia Laws 1941, p. 345 and by Georgia Laws 1952, p. 291, be and the same are hereby amended as follows:

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Section 1. By inserting in Subsection 1 of Section 67-2001 following the words improvement of real estate; the words all registered architects furnishing plans, drawings, designs, or other architectural services used in building and improving real estate; so that Subsection 1 of Section 67-2001 as amended shall read as follows: Code 67-2001 amended. Section 1. By inserting in Subsection 1 of Section 67-2001 following the words improvement of real estate; the words all registered architects furnishing plans, drawings, designs, or other architectural services used in building and improving real estate;, so that Subsection 1 of Section 67-2001 as amended shall read as follows: 1. All mechanics of every sort, who have taken no personal security therefor, shall, for work done and material furnished in building, repairing, or improving any real estate of their employers; all contractors, materialmen, and persons furnishing material for the improvement of real estate; all registered architects furnishing plans, drawings, designs, or other architectural services used in building and improving real estate; all contractors for building factories, furnishing material for the same, or furnishing machinery for the same; and all machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up in any county any steam mill or other machinery, or who may repair the same; and all contractors to build railroads, shall each have a special lien on such real estate, factories, or railroads. Who may have lien. Section 2. By inserting in Subsection 2 of Section 67-2001 following the words when work done or material the words or architectural service, so that Subsection 2 of Section 67-2001 as amended shall read as follows: Code 67-2001 amended. 2. When work done or material or architectural service furnished for the improvement of real estate is done or furnished upon the employment of a contractor or some person other than the owner, the lien given by this

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section shall attach to the real estate improved as against such true owner for the amount of the work done or material furnished, unless such true owner shall show that such lien has been waived in writing, or shall produce the sworn statement of the contractor or other person, at whose instance the work was done or material was furnished, that the agreed price or reasonable value thereof has been paid: Provided, that in no event shall the aggregate amount of liens set up hereby exceed the contract price of the improvements made. When lien to attach. Section 3. By inserting in Subsection 1 of Section 67-2002 following the words repairing or improving,, the words or for architectural services furnished,, so that Subsection 1 of Section 67-2002 as amended shall read as follows: Code 67-2002 amended. 1. A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving, or for architectural services furnished, or for materials or machinery furnished or set up, as set forth in said section. Section 4. By inserting in Subsection 2 of Section 67-2002, as amended, following the words completion of the work,, the words of furnishing of such architectural services,, and following the words materialman, machinist, manufacturer, the words registered architect,, so that Subsection 2 of Section 67-2002 as amended shall read as follows: Code 67-2002 amended. 2. The filing for record for his claim of lien within three months after the completion of the work or furnishing of such architectural services, or within three months after such material or machinery is furnished, in the office of the clerk of the superior court of the county where such property is situated, which claim shall be in substance as follows: A. B., a mechanic, contractor, materialman, machinist, manufacturer, registered architect, or other person (as the case may be), claims a lien on the house, factory, steam mill, machinery, or railroad (as the case may be), and the premises

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or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate or railroad), for building, repairing, improving or furnishing material (or whatever the claim may be). Filing of claim of lien. Section 5. By inserting in Subsection 3 of Section 67-2002, as amended by Georgia Laws (1941) p. 345 and by Georgia Laws (1952) p. 291, following the words procuring material,, the words architect's services,, and following the words from the date such the word services,, and following the words in a suit for said, the word services,, and following the words value of such material,, the words services,, and following the words so furnishing material,, the word services,, and following the words building, or furnishing materials, the words or services, and following the words before the work was done or materials, the words or services, so that Subsection 3 of Section 67-2002, as amended, shall read as follows: Code 67-2002 amended. 3. The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In the event any contractor procuring material, architect's services, labor or supplies for building, repairing or improving any real estate, building or other structure shall abscond or die or remove from the State within 12 months from the date such services, labor, supplies or materials are furnished him, so that personal jurisdiction cannot be obtained on said contractor in a suit for said services, material, labor or supplies, or if, after the filing of suit against such contractor, no final judgment can be obtained against him for the value of such material, services, labor or supplies, by reason of the bankruptcy of said contractor and his subsequent discharge from civil liabilities, or by reason of his death, then and in any of said events, the person or persons so furnishing material, services, labor and supplies shall be relieved of the necessity of obtaining judgment against such contractor as a prerequisite to enforcing a lien against the property improved by said contractor, and

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may, subject to the provision of Section 67-2001 enforce said lien directly against the property so improved, in an action against the owner thereof, but with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property: Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved. As between themselves, the liens provided for in said section shall rank according to date, but all of the liens herein mentioned for repairs, building, or furnishing materials, or services, upon the same property, shall, as to each other be of the same date when declared and filed for record within three months after the work is done, or before that time. Said liens specified in section 67-2001 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords for rent when a distress warrant is sued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens, when actual notice of such general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the said liens provided for in said section shall be superior to all other liens not herein excepted. Section 6. Be it further enacted by the authority aforesaid that this amendment of said Code section shall become effective as of the date of the approval of this Act, but that the provisions hereof shall apply only to claims for architectural services furnished subsequent to the date of the approval of said Act, and shall not in any way enlarge or affect any obligation created prior to the approval of this Act. Section 7. All laws and parts of laws in conflict with

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this Act be and the same are hereby repealed. Approved March 11, 1953. HIGH SCHOOL COURSES IN GOVERNMENT. No. 468 (House Bill No. 13). An Act to provide that the State Board of Education shall prescribe and approve text books for a course in Federal and State government to be taught in high schools; to provide that the course shall be taught for a period of not less than thirty minutes a day for a complete school year; to provide that every student must complete said course in order to be eligible for a high school diploma; to repeal all laws in conflict therewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The State Board of Education shall prescribe a course of study in the background, history and development of the Federal and State governments. The board shall also approve and recommend text books to be used in this course. Prescribed courses and texts. Section 2. The course so prescribed shall be taught in the eleventh or twelfth grade of all high schools which receive in any manner funds from this State. The course shall be taught for the entire school year. Provided, however the total time devoted to said course of study shall be sufficient to earn one (1) full unit of credit. In what grade, etc. Section 3. The course in the study of Federal and State government shall be supplemented in each high school by a study of the local county and municipal governments. Section 4. No student shall be eligible to receive a

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diploma from a high school, which receives funds from this State, unless said student has successfully completed the course in governments provided for by this Act. Section 5. This Act shall become effective on the 1st day of August, 1953. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1953. ELLIJAY CHARTER AMENDMENTS. No. 470 (House Bill No. 424). An Act to amend an Act entitled An Act to incorporate and establish the City of Ellijay in the County of Gilmer; to declare the rights, powers, and privileges of said corporation, and for other purposes, approved August 14, 1909 (Ga. Laws 1909, p. 844), as amended, especially as amended by Acts approved August 2, 1927 (Ga. Laws 1927, p. 1110), and March 27, 1941 (Ga. Laws 1941, p. 1417), so as to change the salaries of the mayor and aldermen; to provide for a recorder for the City of Ellijay and prescribe his election, powers and duties; to provide for a referendum to the people of the City of Ellijay; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to incorporate and establish the City of Ellijay in the County of Gilmer; to declare the rights, powers, and privileges of said corporation, and for other purposes, approved August 14, 1909 (Ga. Laws 1909, p. 844), as amended, especially as amended by Acts approved August 2, 1927 (Ga. Laws 1927, p. 1110), and March 27, 1941 (Ga. Laws 1941, p.

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1417), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, which shall read as follows: Section 5. The Mayor and Aldermen of the City of Ellijay shall be elected by the qualified voters of said city at an election to be held biennially on the second Monday of December. The present mayor and aldermen shall continue in office for the terms for which they have been elected and until their successors in office are elected and qualified. The mayor and aldermen shall be elected on the second Monday of December, 1953, and shall be elected for a term of two years. They shall enter upon their duties on the first day of January, 1954. The mayor shall receive a salary of not more than three hundred sixty dollars ($360.00) nor less than three hundred dollars ($300.00) per annum The board of aldermen shall, at the regular meeting of their body in the month of November preceding the municipal election for mayor and aldermen, fix the salary of the next succeeding mayor, and his salary shall not be changed during his term of office. Sec. 5 amended. Mayor and aldermen. Mayor's salary. The mayor shall preside over all meetings of the board of aldermen but shall not vote therein except in elections and impeachment proceedings. He shall call meetings of the board of aldermen whenever he may deem it necessary; provided, that he shall be required to call a meeting of said board whenever three aldermen make a request in writing. The mayor shall oversee all functions of the executive officers, employees or servants of the city, and in case of misconduct or neglect of duty on the part of any such officers or employees, he shall have the power to suspend him, pending investigation by the board of aldermen. Section 2. Said Act, as amended, is further amended by striking from line three of Section 7 the word twelve and inserting in lieu thereof the words one hundred fifty, so that said section as amended shall read as

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follows: Sec. 7 amended. Sec. 7. Be it enacted, that board of council shall have the right to fix such salaries for the aldermen as it shall see fit, not to exceed the sum of one hundred fifty dollars each per annum, which salary shall not be increased or diminished during their continuance in office. Said salaries to be fixed at a regular meeting in the month of November preceding each regular election. The board of council shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, and who shall receive such compensation as may be fixed by the board of council, who shall be subject to removal without notice, and to employ and appoint such other officers as may be hereinafter provided, or as the city council may see fit. Aldermen's salary. Section 3. Said Act, as amended, is further amended by striking Section 19 in its entirety and inserting in lieu thereof a new Section 19 which shall read as follows: Sec. 19. The mayor and aldermen shall have power and authority to elect a city recorder, who shall serve at the will of the mayor and aldermen. The recorder shall be paid a salary of not less than twenty-five dollars nor more than one hundred dollars per month, to be fixed by the mayor and aldermen. The recorder shall preside over the police court of the City of Ellijay and in the event of a vacancy in his office or absence or disability of such recorder, the mayor, mayor pro tem., or any alderman designated by the mayor may act as city recorder and may be clothed with all the duties and powers of said recorder. The recorder's court shall be held at the pleasure of the presiding officer or at such times as fixed by ordinance. Recorder. (1) Said police court shall have authority and jurisdiction to try and push all offenders against the laws or ordinances of the City of Ellijay, committed within the corporate limits thereof and to punish for the violation of such laws and ordinances by inflicting such punishment

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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 city or when such officers are absent from the city, 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 as having been committed within the city; 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 costs as are allowed to the justice of the peace and constables for like service. Jurisdiction. (2) The 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 City of Ellijay within the limits prescribed by law, and the presiding officer shall also have the same power as judges of superior courts of this State, to punish for contempt by a fine not to exceed ten dollars, and imprisonment in the city prison of Gilmer County jail, not to exceed ten days, either or both of said punishments in the discretion of the court; and said punishment may be imposed in the alternative. Said presiding officer of said court shall also have authority to commit and bind over persons on trial before him for violations of city laws and ordinances, whenever it shall develop on a trial that a State law has been violated. Powers. (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 city. Oatrs. (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, in charge, the name of the informer or prosecutor, and the sentence of the court or judgment. In each case where a violation of a city ordinance is charged it shall be the duty of the officer making the arrest to prefer charges in writing, setting

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forth the offense charged, in substantially the following form: I, (marshal or policeman, as the case may be) of the City of Ellijay in the name and behalf of the citizens in said city, charge and accuse..... with the offense of....., for that said....., in said city on the..... day of....., did,..... contrary to the laws of said city, 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 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 to said police court. Accusations. (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 city clerk or the presiding officer of said court, and bearing teste in the name of the mayor, or may require of either witnesses or defendants, bonds for their appearance. A process of said court shall be served by the marshal or any police officer of said city, and disobedience thereto shall be contempt. Said court shall have power and authority to issue attachments for contempt, and all other processes necessary to carry into effect its lawful judgment and order. Witnesses. Process. (6) The ministerial officers of said court shall be the marshal and policemen of said city, to whom in the alternative all process shall be directed. Marshal.

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(7) The right of certiorari from the judgments of the 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 such forfeiture, (except in case of cash bonds), 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 case, if the principal shall appear within two weeks for trial, the presiding officer of said court shall order such bond refunded, if said defendant shall satisfactorily show that his absence was caused by sickness or other unavoidable reasons. 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 practical, the forms and practice of the State courts. Forfeitures. (9) No person shall be tried for any offense against the ordinances of said city 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 city, such time shall not be computed as a part of such limitation. Limitation. (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 city. No officer shall have claim upon said funds 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 City of Ellijay. Service upon any surety out of said city may be made and perfected by any sheriff or deputy sheriff of said State, who are

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required to serve such process, and if the residence of such surety be known, the court may order service by publication in the newspaper in which the marshal's advertisements are published, once a week for two weeks, being sufficient. The said court shall have power to force the collection of any money, judgment or fine by execution directed to the marshal and policeman of said city and the sheriffs and deputy sheriffs of said State, and otherwise substantially in the form of county court executions. (12) The city 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 city, 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 city chaingang, and may, if desired, lease any such convicts to the County of Gilmer, or to private persons in said county, the proceeds to be applied to working the streets of said city; provided, that no such convict shall be required to work out of Gilmer County, and the city authorities shall at all times retain and exercise such control over leased convicts as may be necessary to insure their proper and humane treatment. Prisoners. (14) The said police court may enforce the collection of any fine by execution or by imprisonment, or by alternate sentence, in the discretion of the presiding officer. Fines (15) The marshal and other police officers of said city shall have power and authority to arrest without warrants, persons accused of violations of the city laws and ordinances, where such offenses are committed in the presence of the arresting officer, or the accused person is endeavoring to escape or a warrant cannot procure in a reasonable time. In all other cases, application

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shall be made to either the mayor or the mayor protem. for a warrant which shall be issued in accordance with such valid ordinances 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 cases not involving a breach of the peace, or a possible violation of a State law, the marshal may, in his discretion, release 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 4. Not less than twenty nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Gilmer County to issue the call for an election for the purpose of submitting this Act to the voters of the City of Ellijay, Georgia, for approval or rejection. The date of the election shall be set and held not less than thirty nor more than sixty days from the date of the issuance of such call. The date and purpose of this election shall be published once a week for two weeks prior to the date thereof in the official organ of Gilmer County. The ballot shall have printed thereon the words: For approval of the Act providing for changing the salaries of the mayor and aldermen; to provide for the election by the mayor and aldermen of a city recorder, and provide his salary and duties. Against approval of the Act providing for changing the salaries of the mayor and aldermen; to provide for the election by the mayor and aldermen of a city recorder, and provide his salary and duties. Referendum. Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting vote against approval of the Act, then it shall be void and of no force and effect. The

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expense of such election shall be borne by the City of Ellijay. It shall be the duty of the ordinary to canvass the returns and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that I will introduce a local bill in the 1953 regular session of the General Assembly of Georgia, amending the charter of the City of Ellijay, Georgia, so as to provide for extending the city limits of said City of Ellijay a south direction sufficient distance to incorporate that area in which the new high school and new hospital are to be built; also providing authority for a City Recorder for the City of Ellijay; also providing for an increase in compensation for the Mayor and Aldermen of said City of Ellijay. January 12, 1953. J. P. Holloway, Representative, Gilmer County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe P. Holloway, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ellijay Times-Courier, which is the official organ of Gilmer County, on the following dates: January 15, 1953, January 22, 1953, and January 29, 1953. /s/ Joe P. Holloway, Representative, Gilmer County Sworn to and subscribed before me

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this 9 day of February, 1953. /s/ Floy C. Stephenson Notary Public Approved March 11, 1953. AUGUSTA JUDICIAL CIRCUITSOLICITOR-GENERAL'S CLERKS. No. 476 (House Bill No. 459). An Act to amend an Act giving the Solicitor-General of the Augusta Judicial Circuit the power to appoint a clerk for said solicitor-general's office, and to provide for said clerk's duties and salary, approved March 20, 1935 (Ga. Laws 1935, p. 855), as amended, so as to provide for the appointment of two such clerks; to provide for their duties and salaries; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act giving the Solicitor-General of the Augusta Judicial Circuit the power to appoint a clerk for said solicitor-general's office and to provide for said clerk's duties and salary, approved March 20, 1935 (Ga. Laws 1935, p. 855), as amended, is hereby amended by striking Section 1 in its entirety from said Act and inserting in lieu thereof the following: Section 1. The Solicitor-General of the Augusta Judicial Circuit shall have the power to appoint two (2) clerks for the office of said solicitor-general; whose duties shall be to assist in the investigation, preparation and trial of all criminal cases, to do clerical work in this office, and to perform such other duties in connection with the criminal and other business in said office as may be directed by the solicitor-general. Clerks.

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Section 2. Said Act is further amended by striking Section 3 from said Act in its entirety and inserting in lieu thereof the following: Section 3. Said two (2) clerks shall be paid from the treasury of Richmond County as part of the court expenses of said county, a monthly salary of three hundred twenty-five dollars ($325.00) for one to begin as of February 1, 1953, and a monthly salary of two hundred fifty-three and 12/100ths Dollars ($253.12) for the other clerk, to begin as of January 1, 1953. Salaries. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1953. COMPENSATION OF CLERK OF SUPERIOR COURT AND ASSISTANTS IN CERTAIN COUNTIES. No. 478 (House Bill No. 576). An Act to amend an Act entitled An Act to provide a salary in lieu of the fee system for the clerk of the superior court and other courts served by the clerk of the superior court in counties of twenty-six thousand two hundred and twenty-five (26,225) to twenty-six thousand five hundred fifty (26,550) inhabitants, inclusive, according to the United States census of 1930 or any subsequent United States census, to make provisions relating the carrying out of said change; to regulate the disposition of costs; to provide when this Act shall become effective; and for other purposes, approved March 20, 1937 (Ga. Laws 1937, p. 604), as amended, especially as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 769), so as to provide supplemental salaries to the clerks and assistant clerks in certain counties; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to provide a salary in lieu of the fee system for the clerk of the superior court and other courts served by the clerk of the superior court in counties of twenty-six thousand two hundred twenty-five (26,225) to twenty-six thousand five hundred fifty (26,550) inhabitants, inclusive, according to the United States census of 1930 or any subsequent United States census, to make provisions regulating the carrying out of said change; to regulate the disposition of costs; to provide when this Act shall become effective; and for other purposes, approved March 20, 1937 (Ga. Laws 1937, p. 604), as amended, especially as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 769), is hereby amended by inserting at the end of Section 2 of said Act the following: In addition to the salaries specified above, there shall be paid to the clerks and the clerks' assistants, as a supplemental salary, one-half of the cash surplus remaining at the end of each calendar year resulting from fees collected by the clerks during the year and turned over to the boards of commissioners of roads and revenues, or other fiscal authority of the county, which sum shall be prorated among the clerks and the clerks' assistants in proportion to their respective salaries as provided in this section., so that said section, as amended, shall read as follows: Section 2. The salary of the clerk of the superior court (whether he be ex officio clerk of other courts or not) in all such counties having a population of twenty-four thousand six hundred to twenty-four thousand nine hundred fifty (24,600-24,950) inhabitants, inclusive, according to the 1950 United States census (Ga. Laws 1943, pp. 438-441), is hereby fixed at the sum of forty-eight hundred ($4,800.00) per annum, effective as of January 1, 1951; and the salary of his chief deputy clerk or first assistant shall be one hundred eighty-five ($185.00) per month; and the salary of the second assistant shall be one hundred thirty-five ($135.00) per month each effective

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January 1, 1951; and the county board of commissioners of roads and revenues of each of said counties, if there be such, (whether that body shall consist of one or more commissioners), or if there be no such board, then by the ordinary or other county authority of each of said counties having charge of the roads and revenues of said county, shall pay the salaries so fixed to the clerk, the chief deputy clerk and the second assistant clerk upon the warrants drawn from said county. Counties. Compensation. In addition to the salaries specified above, there shall be paid to the clerks and the clerks' assistants, as a supplemental salary, one-half of the cash surplus remaining at the end of each calendar year resulting from fees collected by the clerks during the year and turned over to the boards of commissioners of roads and revenues, or other fiscal authority of the county, which sum shall be prorated among the clerks and the clerks' assistants in proportion to their respective salaries as provided in this section. Section 2. The effective date of this Act shall be January 1, 1953. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Special Legislation. To The People of Bulloch County. You are hereby notified that we will, at the 1953 session of the Georgia legislature, introduce a bill to amend the act of the General Assembly of Georgia as approved February 9, 1949, Georgia Laws, 1948 Extra Sessions 1949 Regular Session, page 438, and the Acts amendatory thereof, which bill will amend said Act so as to provide one-half of the cash surplus as appears on the annual summary of the clerk of superior court's report, to be paid to the clerk of said court at the close of each calendar year. Said sum to be distributed among

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the clerk, deputy clerk and assistants on a pro rata basis. This the 19th day of December, 1952. /s/ F. Eveett Williams /s/ A. J. Trapnell Bulloch County Representatives. 1-29-4tc-No. 8 Georgia Fulton County. Personally appeared before me, the undersigned attesting Officer, F. Everett Williams and A. J. Trapnell, who on oath say that they are the Representatives from Bulloch County, Georgia, and further depose and say on oath that the above and foregoing notice was published in the Bulloch Herald on January 8, 1953, January 15, 1953, and January 22, 1953; and that said publication is the one which the Sheriff of Bulloch County uses for his official notices for the year 1953. /s/ F. Everett Williams f. e. w. /s/ A. J. Trapnell a. j. t. Sworn to and subscribed before me, this 10th day of February 1953 /s/ M. N. Link Notary Public. Approved March 11, 1953.

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FISH SELLERS. Code 45-503 Repealed. No. 480 (House Bill No. 271). An Act to repeal Section 45-503, Georgia Code 1933, relating to fish peddlers and fish sellers licenses, fees and use thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 45-503, Georgia Code 1933, relating to fish peddlers and fish sellers licenses, fees and use thereof, is hereby repealed in its entirety. Code 45-503 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1953. POST MORTEM EXAMINATION ACT. Code Ch. 21-2 Amended. No. 485 (House Bill No. 487). An Act to provide that the Director of the Crime Laboratory of the Department of Public Safety, together with the Director of the Department of Public Health, shall designate one or more licensed physicians at convenient locations throughout the State to act as medical examiners and perform post mortem examinations at the request of the coroners of the various counties and to cooperate with coroners in the holding of inquests and investigations of deaths; to define terms used in this Act; to authorize the Director of the State Crime Laboratory to perform post mortem examinations when

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requested; to require that post mortem examinations be performed and inquests held upon dead bodies in certain instances and to prescribe those instances; to define sufficient consent for licensed physicians to perform autopsies in cases where a post mortem examination is not required by this Act; to require filing of reports of post mortem examinations with the Director of the State Crime Laboratory and in cases where foul play is suspected with the solicitor-general of the circuit; to provide that dead bodies shall not be removed until photographs or investigation of the premises have been made; to authorize the coroner to remove dead bodies in certain cases; to provide that notice of death be given to coroners in certain instances; to define the duties and procedure to be followed by coroners upon receipt of such notices; to provide for a coroners' jury, its duties and responsibilities; to render post mortem examination reports admissible evidence; to provide for the disposition of dead bodies and articles of personal property found thereon; to authorize coroners or medical examiners to disinter dead bodies; to provide for the designation of a person to act as coroner when the coroner is absent, unwilling, or unable to serve; to repeal Chapter 2 of Title 21 of the Code of Georgia of 1933, relating to inquests and proceedings therein, in its entirety; to authorize employment of additional clerical or secretarial assistance by the Director of the State Crime Laboratory; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. This Act shall be known as the Georgia Post Mortem Examination Act. Section 2. (1) The term post mortem examination as used in this Act is to be construed as a comprehensive term which includes, but is not limited to, a physical examination of dead bodies and investigation of the surrounding premises for the purpose of ascertaining the

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cause, seat or nature of death. The term shall include both autopsies and necropsies, and may or may not require dissection of the dead body and analysis of its organs and contents as is necessary in the discretion of the medical examiner, to establish the cause of death. Post mortem examination. (2) The term medical examiner as used in this Act shall refer to the licensed physician designated by the Director of the State Crime Laboratory and the Director of the Department of Public Health pursuant to Section 3 of this Act for the purpose of performing post mortem examinations as required herein. The power and authority conferred upon said medical examiners by this Act shall be extended to the Director of the State Crime Laboratory or any member or members of his staff whom he has designated to serve as medical examiner in any particular instance so that said director or any member or members of his staff whom he has designated may, when so requested, act with all the authority and perform any duty of a medical examiner designated pursuant to Section 3 of this Act. Medical examiner. Section 3. The Director of the Crime Laboratory of the Department of Public Safety, herein referred to as the State Crime Laboratory, is hereby authorized, empowered and directed to cooperate with and assist all coroners of the State in making the facilities of the State Crime Laboratory available for the performing of post mortem examinations on dead bodies as hereinafter required. The Director of the State Crime Laboratory, together with the Director of the Department of Public Health, shall designate one or more licensed physicians at convenient locations throughout the State to act as medical examiners in performing post mortem examinations at the request of the coroner of any county. In the event that any medical examiner is unable or unwilling to serve when requested by any coroner, said coroner may call upon any other medical examiner or may request the Director of the State Crime Laboratory to perform such post mortem examination or to direct any medical examiner to perform same. For each post mortem examination so performed, in cases where dissection

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of the body is not required the medical examiner shall receive a fee of $15.00, and in cases in which the dissection of the body is required he shall receive a fee of $50.00 for a trunk examination and a fee of $75.00 for a complete post mortem examination, the fee in either case to be paid from funds of the county in which death occurred. In the event that the post mortem examination is performed by the Director of the State Crime Laboratory, or any examiner employed by him and paid by the State, or by a medical examiner regularly employed at a fixed compensation by any county or group of counties, no fee shall be imposed. Appointment and duties of medical examiners. Compensation. Section 4. The medical examiners shall file a report of each post mortem examination with the Director of the State Crime Laboratory; and in cases where such report indicates a suspicion of foul play, said medical examiner shall transmit with his report any specimens, samples or other evidence to the State Crime Laboratory for verification and no inquest shall be held until the results are verified by the State Crime Laboratory. In cases where reports indicating foul play are verified by the State Crime Laboratory, the Director of the State Crime Laboratory shall transmit a copy of the verified report to the coroner and to the solicitor-general of the circuit. Reports and specimens. Section 5. Coroners shall require post mortem examinations to be performed and inquests held in their respective counties as follows: (1) When any person shall die as the result of violence, or suicide, or casualty, or suddenly when in apparent health, or when unattended by a physician, or within 24 hours after admission to a hospital without having regained consciousness, or in any suspicious or unusual manner; provided, a post mortem examination shall not be required in any such instance where there is sufficient evidence or medical history sufficient to disclose the cause of death. When post mortem examinations required. (2) When any prison inmate shall die suddenly without

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an attending physician. (3) Whenever ordered by a court having criminal jurisdiction. It shall be the duty of said court whenever an affidavit is made and filed with the court that it is suspected that a person came to his death by violence or foul play, to interrogate and examine other witnesses, if any, as to the necessity for a post mortem examination; and should the court then decide that a post mortem examination and inquest are essential to the ends of justice, the same shall be ordered. Section 6. In the case of death of any person under such circumstances as would not require a post mortem examination under the provisions of Section 5 of this Act, any physician, duly licensed under the laws of the State of Georgia, or of any other State having licensing requirements equal to or greater than those imposed by the State of Georgia, shall be deemed to have been legally authorized to perform an autopsy upon the body of a deceased person when such autopsy has been consented to by the person assuming custody of the body for the purposes of burial, such as the husband, the wife, the father, the mother, a child, a guardian, next of kin, or in the absence of any of the foregoing, a friend of such deceased person charged by law with the responsibility of burial. If two or more of such persons assume custody of the body, the consent of one of them shall be deemed sufficient legal authorization for the performance of the autopsy. Autopsies. Section 7. When the deceased body lies in a place inconvenient for holding a post mortem examination and inquest, the coroner or any person under his direction shall be allowed to remove the body to the autopsy room of the nearest public hospital or morgue within the county. When such facility is not reasonably available, the body may be removed to such other suitable place within the county as may be designated by the medical examiner; provided, however, that no such body shall be removed until photographs of the body and surrounding premises have been made or a thorough investigation

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of the premises made by the proper investigating authorities, and the officer leading such investigation has given his authorization for such removal. Removal of body. Section 8. When any person shall die in any county in this State, as a result of violence, or by suicide, or by casualty, or suddenly when in apparent health, or when unattended by a physician, or in any suspicious or unusual manner, it shall be the duty of any law enforcement officer, or other person having knowledge of such death, to notify the coroner of the county wherein the body is found or death occurs. Notice to coroner of deaths. Section 9. Upon receipt of such notice, the coroner shall immediately take charge of the dead body and it shall be his duty to summon a medical examiner. They shall together make inquiries regarding the cause and manner of death, notify the proper police authorities of the death, and the medical examiner shall perform a post mortem examination, reducing his findings to writing and filing them with the Director of the State Crime Laboratory upon report forms to be furnished by said director. The medical examiner may, at any time when he deems it necessary, have the body embalmed for preservation prior to release of the body to the next of kin. Such expense of embalming shall be paid in the manner hereinafter provided for payment of burial expenses. The police officer or sheriff present at such investigation, or if no officer be present, then the coroner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his report and deliver such property to the sheriff of the county, who shall surrender the same to the person entitled to its custody or possession. The coroner or medical examiner shall take possession of any object or articles which, in his opinion, may be helpful in establishing the cause of death, and in cooperation with the police authorities make such tests and examinations of said objects as may be necessary or useful in determining the cause of death. In the event that a criminal prosecution arises, all such objects and articles, together with reports

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of any examinations made upon them, shall be retained in the custody of the Director of the State Crime Laboratory until their production as evidence is required by the prosecuting officer. Procedure. Disposal of property found on deceased. Section 10. Upon the completion of the post mortem examination by the medical examiner and verification by the State Crime Laboratory when such verification is required, the coroner shall then take an inquest upon the death of such deceased person. Inquests. Section 11. The coroner shall issue subpoenas to, or otherwise compel the attendance of, witnesses, and he shall administer to such witnesses the following oath, to wit: The evidence that you shall give this inquest on behalf of the State, touching the death of C. D. (or a person unknown, as the case may be), shall be the truth, the whole truth, and nothing but the truth. So help you God. Section 12. If the inquest discloses facts which lead or may lead to the prosecution of any person for the homicide of the person upon whose body the inquest is held, the coroner shall require all witnesses, who testify to facts material to the issues involved in such prosecution, to enter into a recognizance to appear and give evidence in the superior court of the county in which the inquest is taken, against the defendant in such prosecution; and shall also issue a warrant for the arrest of the person suspected of the homicide returnable as other warrants. Witnesses. Arrest warrants. Section 13. The coroner shall summon and impanel five jurors to hold an inquest, and the majority vote shall decide the verdict. The jurors sworn and impaneled upon an inquest shall be paid $3.00 each for their services as jurors upon each inquest, and it shall be the duty of the coroner, or other person discharging the duties of the coroner, to give a certificate of the fact of such service to each juror; upon presentation of which to the proper county authority of the county in which the inquest is held, he shall give the claimant an order on the

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treasurer for the same. Inquest juries. Section 14. Whenever a coroner shall have notice of the death of any person within the limits of the county of which he is coroner, occurring under circumstances which make it his duty, under the law, to hold an inquest, he shall make out a precept, directed to the sheriff or any constable of the county where the dead body is found or lying, requiring him to summon a jury of inquest selected from the grand jury and traverse jury lists of the next preceding term of the superior court of such county, to appear before such coroner at the time and place mentioned in the precept; which precept may be in the form following, that is to say: Summoning of jury. State of Georgia, ..... County. To the Sheriff or any lawful constable of said countyGreeting: You are required immediately to summon ten men of said county, chosen from the lists of grand jurors and traverse jurors of the next preceding term of the superior court of said county, to be and appear before me, the undersigned, coroner of the county aforesaid, at....., in said county, on the..... day of....., at..... o'clock of that same day, then and there to inquire of, do, and execute all such things as in behalf of the State shall be given them in charge touching the death of..... (or a person unknown, as the case may be), and be you then and there with this precept to certify what you have done in the premises, and further to do whatsoever else may in behalf of the State be enjoined upon you. Given under my hand and seal, this the..... day of....., in the year of our Lord...... ....., Coroner (L. S.) which precept shall be forthwith executed by the sheriff

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or constable in whose hands it may be placed; and if the services of the sheriff or constable cannot be conveniently obtained, the coroner may summon the jury himself. Section 15. Any juror failing to attend and serve on such coroner's inquest, after being duly summoned, may be fined by the coroner in a sum not exceeding $10, to be levied and collected by execution issued by the coroner, unless such defaulting juror shall file in the office of the ordinary a good and sufficient excuse for the default, to be judged of by the next court of ordinary held thereafter. Failure of juror to serve. Section 16. The following oath shall be administered to the foreman of the jury by the coroner, to wit: You, as foreman of the inquest, shall diligently inquire and true presentment make, on behalf of the State of Georgia, how and in what manner C. D. (or a person deceased, unknown, as the case may be) came to his death, and of such other matters relating to the same as shall be lawfully required of you, according to evidence. and the remainder of the jury shall be sworn by the coroner as follows, to wit: The same oath which the foreman of this inquest has taken on his part, you and each of you shall observe and keep upon your part. So help you God. Oaths. Section 17. The coroner shall charge the jurors to declare of the death of the person upon whose body the inquest is held, whether such person died by murder, manslaughter, misadventure, misfortune, accident, or otherwise; and who, and when and by what means, and in what manner; if by murder, who were principals and who were accessories; if by manslaughter, who were the perpetrators, and with what instrument the stroke or wound was in either case given; if by misadventure, misfortune, accident, or otherwise, whether by act of God or man; and whether by hurt, fall, stroke, drowning or in any other way; what person was present at the death; whence the deceased came, who he was, and who are his parents, relations, and neighbors; who were the

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finders of his body; whether he died in the same place the body was found or elsewhere; and if elsewhere, who moved the body; and also of all the circumstances relating to said death; if the deceased died in prison, whether he died by hard usage there, and if so, by whom; and if the deceased put an end to his life, to inquire of the manner, means used, or instrument employed, and of the circumstances concerning it; and the jury shall have full and unrestricted power to inquire and pass upon all the matters and things thus given them in charge, and they shall have this power even if the whole or a part of the charge be omitted. What jury to find. Section 18. In all inquests the results of the post mortem examination performed shall be offered in evidence either by oral testimony of the Medical Examiner or by introduction of a copy of the report filed with the Director of the State Crime Laboratory, as verified in the cases requiring verification. The jury shall be free to reach a verdict in accord or discord with such evidence but in all cases such evidence must be presented to them for their consideration. Post mortem examination as evidence. Section 19. Reports of post mortem examinations performed as herein provided and copies of records, photographs, laboratory findings and reports in the office of the Director of the State Crime Laboratory when duly attested by said director shall be received as evidence in any court or other proceeding for any purpose for which the original could be received without any proof of the official character of the person whose name is signed thereto. Section 20. After the post mortem examination and inquest have been completed, the dead body shall be delivered to the person legally entitled thereto for burial. If no person claims the body, it shall be turned over to the coroner of the county where death occurred for disposition as provided by law. If the deceased has estate out of which burial expenses can be paid either in whole or in part, such estate shall be taken for such purpose before any expense under this section is imposed upon

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any county. Disposition of bodies. Section 21. Coroners are authorized in order to carry into effect the provisions of this Act to disinter any body already buried and, like a sheriff, to command the power of the county for that purpose, and medical examiners may likewise exercise such authority in any case wherein such authority is granted by an order of the superior court judge of the county, which orders may be granted by superior court judges in their discretion upon petition of any medical examiner. Disinterments. Section 22. When there is no coroner in a county or he is absent from the county when needed or will not or cannot perform the duties required under this Act, a judge of any court having county-wide jurisdiction other than the superior court may act as coroner or the ordinary of the county may designate someone to act as coroner. In counties having a coroner with a full-time assistant or assistants paid out of county funds, any such assistant may be designated to act as coroner under the provisions of this section and when so designated shall receive no compensation for acting in such capacity other than that regularly allowed him as assistant to the coroner. Who may act in absence of coroner. Section 23. Chapter 2 of Title 21 of the Code of Georgia of 1933, relating to inquests and proceedings therein, is hereby repealed in its entirety. Code Ch. 21-2 repealed. Section 24. The Director of the State Crime Laboratory is hereby authorized to employ such additional clerical or secretarial assistance as may be necessary to accomplish and perform the duties imposed upon him by the terms of this Act. Section 25. This Act shall become effective sixty (60) days after its approval by the Governor. Section 26. In the event that any section or part of a section of this Act shall be declared invalid, this shall not affect the validity of the remaining portions of this

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Act. Section 27. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1953. COMPENSATION OF CERTAIN STATE OFFICIALS. No. 487 (Senate Bill No. 129). An Act to provide a uniform method of fixing, limiting and restricting the salary, allowances and travel expense to be paid to elected officials such as the Governor, each Judge of the Supreme Court and of the Court of Appeals, the Secretary of State, State Treasurer, Comptroller General, Attorney-General, Commissioner of Labor, Commissioner of Agriculture, Superintendent of Schools, each member of the Public Service Commission, each member of the State Highway Board and the State Auditor; to allow officials to set salaries of their officials and employees, under certain conditions; to provide an effective date, to suspend the operation of all laws, resolutions, executive orders and budget approvals which are in conflict with the provisions of this Act and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Effective on the date of the expiration of the present term of office of the Governor, each Judge of the Supreme Court and of the Court of Appeals, the Secretary of State Treasurer, Comptroller General, Attorney-General, Commissioner of Labor, Commissioner of Agriculture, Superintendent of Schools, each member of the Public Service Commission, each member of the State Highway Board, and the State Auditor, the salary, allowances and travel expense authorized for payment

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to said officers shall be fixed on the following basis: (a) The annual salary payable in semi-monthly installments to the officials named in this Act shall be $12,000 for the Governor, $8,000.00 for each Judge of the Supreme Court and the Court of Appeals, and $7,500.00 for each of the other named officials with the additional amount of $800.00 annually for each four years service as Governor or with the Supreme Court, Court of Appeals, or a State department financed by appropriations payable through the State treasury up to twenty years so that the final annual base salary of the Governor shall not exceed $16,000.00 and so that the final annual base salary of each Judge of the Supreme Court and Court of Appeals shall not exceed $12,000.00 and so that the final annual base salary of the other named officials shall not exceed $11,500.00 after twenty years of service. The periodic changes in compensation authorized under the provisions of this Act shall be the legal commitment to each official at the beginning of the term of office of each official. Provided that only the amount fixed as the first base salary of each official, without the annual increase authorized each four years shall be the base for the payment of compensation for any emeritus positions created by law. Annual salaries. (b) An annual contingent expense allowance payable in semi-monthly installments in the amount of $2,400.00 shall be hereby authorized and payable to each of the officials named in this Act, except the Governor and said amount so authorized shall be in lieu of any and all travel expense and expense of purchasing a personal automobile for official use with the exception of actual transportation expense incurred while traveling by public carrier or the expense incurred at the legal mileage rate for the use of a personal automobile, which is authorized to be paid from the operating funds of each respective State agency. Contingent expense allowances. (c) In addition to the foregoing, each of the above named public officials shall be paid $240.00 annual compensation, payable in semi-monthly installments for

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each ex officio office created by law and held by each respective officer, provided the Attorney-General of Georgia certifies to the State Auditor the legal citations for each ex officio office held under the law by each of the named officials. The State Auditor is hereby directed to make a detailed statement of these items in each annual audit of each of the respective State agencies. Other amounts. Section 2. Effective April 1, 1953, the provisions of Subsections (b) and (c) of Section 1 of this Act shall be in force and effect and in addition thereto the total annual compensation for each of the officials named in this Act shall be calculated as provided in Subsection (a) of Section 1 of this Act and in the event the total amount of the present compensation authorized by law does not total the amount authorized in Subsection (a) of Section 1 of this Act, the amount of the difference so calculated for each official named in this Act shall be payable to each said official in semi-monthly installments as a contingent expense allowance. Provided, however, the provisions of this section shall be null and void as it relates to each public official named in this Act on the effective date of Section 1 of this Act. Adjustment pending effective date of Subsec. (a) of Sec. 1. Section 3. In the event the total annual compensation, allowance and travel expense authorized by law on the date of passage of this Act and paid to any public official named in this Act as shown in the State Auditor's report for the fiscal year ended June 30, 1952, shall be in excess of the total amount of compensation and allowance authorized under the terms of Section 1 of this Act for the respective public official, the provisions of Section 1 of this Act shall be in force and effect as of April 1, 1953, and said excess amount so paid shall continue to be paid as a contingent expense allowance until such time that the total amount of actual compensation and allowances authorized under the terms of Section 1 of this Act shall be equal to the total amount of compensation and allowances and travel expense paid to each respective public official in the fiscal year ended June 30, 1952, as shown by the State Auditor's report,

Page 616

provided, however, the provisions of this Section authorizing the contingent expense allowance for each public official shall be null and void immediately upon the total compensation and allowance authorized under provisions of Section 1 of this Act becoming equal to the total of the compensation, allowance and travel expense paid to each official as reported in the State Auditor's report for the fiscal year ended June 30, 1952. Provided, however, the provisions of the Section shall apply only to the officials holding the offices enumerated on the date of the passage of this Act, the compensation and allowance of any successor in office shall be in accordance with Section 1 of this Act. Adjustments. Section 4. The total compensation and allowance authorized under the terms of this Act shall be inclusive of all funds, State and Federal and shall be paid from the funds appropriated to each respective department, headed by each named official and from no other State fund appropriation or Federal grants to the State. Funds. Section 5. The provisions of Section 1 of this Act as it relates to statutory officers named in this Act who have no specified terms of office shall be in force and effect on and after April 1, 1953 and each official or board of officials named in this Act is hereby authorized to fix with the approval of the State Budget Bureau the annual compensation and allowances of all officials and employees in their respective department, provided said compensation is not regulated under rules of the State Personnel Board. Officials shall set salaries of their officials and employees under certain conditions. Compensation of other officials and employees. Section 6. The provisions of all laws, resolutions, executive orders and budget approvals in force and effect which are in conflict with the provisions of this Act are hereby suspended and same shall remain suspended and of no force and effect until such a date that the provisions of this Act are repealed. Approved March 12, 1953.

Page 617

LAND CONVEYANCES TO TALIAFERRO COUNTY AUTHORIZED. No. 87 (House Resolution No. 139-493c). A Resolution. Authorizing His Excellency, the Governor, acting for and on behalf of the State of Georgia, to convey certain property in Taliaferro County, being a portion of the Alexander Stephens State Park, and Whereas the County of Taliaferro, does desire to erect a school to be a part of the State school system on a location in said park, and Whereas the erection of said school will be for the benefit of the citizens of Taliaferro County, and Whereas said school will become a part of the State system of schools, and Whereas under the rules and regulations in the State of Georgia school system it is required that not less than five acres per one hundred pupils to be served by said school be acquired for the election of a school building, and Whereas it is anticipated by the school authorities of Taliaferro County that this school will serve three hundred pupils, and Whereas the conveyance of said property will not interfere with the State park operations, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia be and he is hereby authorized to execute a deed conveying fifteen acres more or less of said park property to the County of Taliaferro for the purpose of erecting thereon a school building. Approved March 11, 1953.

Page 618

COMMITTEE TO STUDY WAREHOUSE SYSTEM. No. 88 (House Resolution No. 164-594b). A Resolution. To provide for the appointment of a joint committee of the House of Representatives and the Senate to investigate and conduct a study of the need and desirability of the establishment and creation of a State warehouse system and to draft suitable legislation in conformance with their findings and conclusions. Whereas there is now no State warehouse system which supervises or regulates the business of warehouses, and Whereas a State warehouse system is deemed to be needed, and Whereas warehouse facilities are essential to a healthy agricultural economy, and Whereas it is desirable to provide a system whereby warehouse receipts on all agricultural commodities would be easily negotiable, and Whereas it is desirable to have a well considered law upon the subject based upon a thorough investigation: Now, therefore, be it resolved by the General Assembly of Georgia, That a committee of five (5) members of the General Assembly, three (3) from the House of Representatives, to be named by the Speaker, and two (2) from the Senate, to be named by the President, be appointed to investigate and conduct a study of the need and desirability of the establishment and creation of a State warehouse system and to draft and recommend suitable legislation in conformance with their findings and conclusions, which committee shall make a report of its findings and recommendations to the next

Page 619

session of the General Assembly convening in November, 1953. The Commissioner of Agriculture and the Attorney-General shall designate and appoint from among their assistants one each to serve with this committee. Be it further resolved that said committee be authorized to hold hearings, conduct surveys, and do any other things necessary to effectuate the purposes of this resolution. Be it further resolved that the committee shall perfect its own organization and that the members of the committee shall receive the same compensation and allowances for each day not to exceed twenty (20) days they are actively engaged in the work of said committee as they receive for each day's attendance upon a session of the General Assembly, plus any other compensation, per diem, allowance or reimbursement as provided by law. Said committee is further authorized to visit other States to investigate their warehouse laws and departments. Approved March 11, 1953. McINTOSH STATE PARK. No. 90 (House Resolution No. 158-570b). A Resolution. Authorizing the establishment of a State Park on certain lands in Carroll County; and for other purposes. Whereas, General William McIntosh was killed in Carroll County in the year 1825 because he had signed a treaty with the United States Government ceding certain lands west of the Chattahoochee to the United States; and

Page 620

Whereas, this event is of great significance in the history of the State of Georgia; and Whereas, General McIntosh is buried on the west bank of the Chattahoochee River in Carroll County, close to the spot where he was killed; and Whereas, the area adjacent to the grave of General McIntosh is a good location for the establishment of a State park, with excellent facilities for swimming, boating, fishing, and camping; and Whereas, this location could be developed into a wonderful attraction for tourists; Now, therefore, be it resolved by the General Assembly of Georgia that the Director of the State Parks Department is hereby authorized to establish and develop a State park in Carroll County at the location set out herein. Approved March 11, 1953. ECHOLS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 91 (House Resolution No. 144-515a). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the division of Echols County into school districts; to provide for a new county board of education consisting of three members; to provide for their terms of office and qualification; to provide for submission of this amendment for ratification or rejection by the people; and for other purposes.

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Be it resolved by the General Assembly of Georgia as follows: Section 1. Upon the approval of this Resolution in the manner hereinafter provided, Article VIII, Section V, Paragraph I, of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows: The present County Board of Education of Echols County operating and existing before the effective date of this amendment, is hereby abolished. There is hereby created a new board, to be known as the Echols County Board of Education, which shall have the same powers and duties as the present county board herein abolished. The Echols County Board of Education shall consist of three members to be elected as herein provided. The county school superintendent shall be the chairman of said board with voting powers only when there is a need to break a tie vote. The members of the Echols County Board of Education shall be elected by the people at the same time and for the same term that other county officers of Echols County are elected, and shall hold their offices until their successors are elected and qualified. The County of Echols is hereby divided into three school districts, to be known and comprised as follows: The First School District shall be composed of the Statenville-Mayday Road District, consisting of the 1058th Militia District of Echols 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; the Second School District to be composed of the Enterprise-Haylow Road District, consisting 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

Page 622

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; the Third School District to be composed of the Howell-Chappell Road District, consisting of the 904th and 1211th Militia Districts of said county. One person from each of these districts shall be elected to serve on said board by a majority of the registered and qualified voters of the entire county voting thereon. Should a vacancy occur in the office of any member, the ordinary shall within twenty days issue a call for a special election to be held not less than twenty nor more than thirty days thereafter for a successor to be elected by a majority of the registered and qualified voters of the entire county voting thereon. Within thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Echols County to issue a call for an election to be held not less than twenty nor more than thirty days thereafter for the purpose of electing by the qualified voters a member of the county board of education from each school district. The members elected in this election shall hold office until December 31, 1956. Thereafter, the terms for the members of said board shall be as herein provided. The present County Board of Education of Echols County shall continue to carry out the duties and powers of said board until the members of the new Echols County Board of Education have been elected and qualified as herein provided. Section 2. 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 branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed

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amendment shall be submitted for ratification or rejection to the electors as provided for in said paragraph of the Constitution. The ballot submitting th above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, providing for the election of a three-member County Board of Education of Echols County. Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, providing for the election of a three-member County Board of Education of Echols County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote 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 for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

Page 624

VOTING MACHINES IN CERTAIN COUNTIES AND CITIES. Code Ch. 34 Amended. No. 488 (Senate Bill No. 77). An Act to amend Chapter 34-1900, Code of Georgia, 1933, as amended, prescribing rules and regulations governing all elections, so as to provide that counties having a population of more than 300,000 according to the last or any future Federal decennial census and all municipalities located in whole or in part therein, may use voting machines in lieu of ballots in all elections; repealing conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That Chapter 34-1900, Code of Georgia, 1933, as amended, prescribing rules and regulations governing all elections, be and the same is hereby amended by adding thereto the following sections to be appropriately numbered: 34-...... The provisions of this Act shall be applicable to all counties having a population of more than 300,000 according to the last or any future Federal decenial census and to any municipality located wholly or partly in any such county. 34-...... Whenever any election of any kind is held in any such county or municipality as provided in said Chapter, as amended, voting machines may be used in lieu of ballots and the use of such voting machines shall be complete compliance with the provisions of said Chapter, as amended. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1953.

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CORPORATION INCOME TAX. Code 92-3102 Amended. No. 489 (House Bill No. 536). An Act to amend Section 92-3102 of the Code of Georgia of 1933, as amended, relating to the rate of income tax on corporations, to eliminate the alternative tax rate of 2 percent after disallowing all compensation of officers and stockholders in excess of $10,000.00; to provide for an effective date; 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 92-3102 of the Code of Georgia of 1933, as amended, be amended by striking all that portion of said section following the colon, and substituting a period in lieu of the colon, so that said section, when so amended, shall read as follows: Section 92-3102. Rate of Taxation of Corporations. Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to five and one-half percent of the net income from property owned or from business done in Georgia, as is defined in Section 92-3113. Section 2. Be it further enacted that the foregoing provisions shall apply to and be in full force and effect for all taxable years ending on and after the passage of this Act. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved March 12, 1953.

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STATE BRIDGE BUILDING AUTHORITY ACT. No. 495 (Senate Bill No. 3) An Act to create the State Bridge Building Authority; to authorize the Authority to acquire from the State, rights of way, and other property and to construct thereon, self-liquidating projects embracing bridges and the approaches as defined in this Act, such projects to be leased to and operated, and which may be maintained and repaired by the State Highway Department as a part of the State highway system: to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority; to provide in the State Highway Board delegated power to convey rights of way to the Authority; to provide for the Authority to purchase rights of way at a nominal price from the State of Georgia; to provide the method for fixing such nominal prices; to place the power to initiate projects in Highway Board; to provide for payment by the State Highway Department of preliminary engineering, traffic studies, plans and specifications, supervision and reports out of available funds, which may be reimbursed out of the proceeds of the sale of revenue bonds; to authorize the Authority and the State Highway Department to execute leases and contracts pertaining to such projects; to provide that the State Highway Department, and the counties may covenant to and be liable under applicable laws for injury occurring on the projects; to provide for the setting of rentals and their cessation upon liquidation of the project; to provide for an Authority fund; to authorize the issuance of revenue bonds of the Authority, payable from the revenues, rents and earnings of the Authority; to pay the cost of such projects and authorize the collection and pledging of revenues and other charges for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the execution of trust indentures to secure the payment of such bonds, and to define the rights of the holders of such bonds; to provide that no debt of the State

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shall be incurred in the exercise of any of the powers granted by this Act; to make bonds of the Authority legal investments and also exempt from taxation and to make its income and property exempt from taxation; to authorize the issuance of revenue refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of the Act, and to provide that such bonds be validated; to provide for declaratory adjudications of the validity of the Authority lease contracts; to provide for the severability of the provisions of this Act; to provide for the repeal of all laws and parts of laws in conflict with this Act, and for other purposes. Whereas, it is necessary to provide additional bridges of durable and lasting construction within the highway system of the State and to replace many substandard and worn out bridges within the highway system of the State which are hazards to traffic and which presently require a large annual maintenance expenditure, and Whereas, it is advisable to authorize the financing in whole or in part of the construction of such bridges without creating any debt of the State, by the issuance of revenue bonds of the Authority for that purpose. Be it, therefore, enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. Short Title. This may be cited as the State Bridge Building Authority Act. Title. Section 2. State Bridge Building Authority. There is hereby created a body corporate and politic to be known as the State Bridge Building 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. State Bridge Building Authority. The Authority shall consist of three members, one of

Page 628

whom shall be the Chairman of the State Highway Board. The remaining two members of the Authority shall be appointed by the Governor in such manner that the term of one member shall expire July 1, 1956, and the term of the other member shall expire July 1, 1959. Their successors shall be appointed for terms of six years from the date of expiration of their respective terms of office, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and another as vicechairman, and a secretary and treasurer, who need not necessarily be a member of the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority, at every meeting and in every instance a majority vote shall authorize any legal act of the Authority, including all things necessary to authorize and issue bonds. The members of the Authority shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have a perpetual existence. The members of the Authority shall be accountable in all respects as trustees, the Authority shall keep suitable books and records of all the existing bridge rental contracts, all income and receipts of every nature and all expenditures of every kind and shall submit such books together with a statement of the Authority's financial position, to the State Auditor for such audit and inspection as the State Auditor may deem wise, once a year on or about the close of the State's fiscal year. Section 3. Definitions . As used in this Act, the following words and terms shall have the following meanings:

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(a) The word Authority shall mean the State Bridge Building Authority created by Section 2 of this Act. Definitions. (b) The word project shall be deemed to mean and include one or more bridges (as defined in subparagraph (c) of this Section) together with the approaches (as defined in subparagraph (d) of this Section) thereto. (c) The word bridge shall be deemed to mean a structure of standard design approved by the State Highway Department or its successor in office erected in order: 1. To afford unrestricted vehicular passage over obstructions in the public highways of the State, or between the State and any neighboring State, including rivers, streams, ponds, lakes, bays, ravines, gullies, railroads, public highways, and canals and 2. To afford unrestricted vehicular passage under existing railroads and public highways. (d) The word approach shall be deemed to mean not more than three miles of the traffic artery on either end of the bridge and within the limit shall mean so much of the traffic arteries on either end of the bridge as shall be required to develop the maximum traffic capacity of the bridge, including necessary grading, paving, minor drainage structure and other construction necessary to the approach. (e) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery, and equipment necessary for operation of the project, financing charges, interest prior to and during construction, cost of engineering, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility, or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, and the

Page 630

construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (f) The term revenue bonds issued pursuant to this Act shall mean revenue obligations as defined in the Revenue Certificate Law of Georgia of 1937, as amended. (g) Any project or combination of projects shall be deemed self-liquidating if, in the judgment of the Authority, the revenues, rents, or earnings to be derived by the Authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. Section 4. Powers. The Authority shall have the powers: (1) To have a seal and alter the same at pleasure: (2) To acquire, by purchase, lease or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes. (3) To appoint such additional officers, who need not be members of the Authority as the Authority deems advisable, and to employ such experts, employees, and agents as may be, in its judgment, necessary; to fix their compensation and to promote and discharge such officers, employees, and agents; provided, however, that the total compensation paid such officers, employees, and agents shall not exceed the sum of $25,000.00 per annum. Powers. (4) To make such contracts as the legitimate and necessary purposes of this Act shall require and to execute and perform such bridge lease contracts with the State Highway Board as shall be consonant with all the

Page 631

requirements of this Act, and to make all contracts necessary for the projects as defined and described in this Act; provided, that all contracts for the construction of projects shall be let by public bid upon plans and specifications approved by the State Highway Board or their successors in office. (5) To construct, erect, repair, own, maintain, add to, extend, improve, operate and manage projects, as hereinabove defined, to be located on property owned by the Authority, the cost of any such projects to be paid in whole from the proceeds of revenue bonds of the Authority. (6) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof: (7) 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; and (8) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Incidental Powers: (1) In addition to the foregoing powers the Authority and its authorized agents and employees may enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this Act, and such entry shall not be deemed a trespass. The Authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities. Incidental powers. (2) The Authority shall also have power to make reasonable regulations for the installation, construction,

Page 632

maintenance, repair, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility in, on, along, over or under any project. Section 6. Power to Convey Highway Rights of Way. It is found, determined, and declared that the welfare of the State of Georgia will be served by the creation and operation of this Authority, and that, to the end of accomplishing the purposes of the Authority, the power and authorization to convey for and on behalf of the State so much of the State's highway rights of way as shall be necessary to the accomplishment of the purposes of this Act, is hereby, by authority of the sovereign legislature of the State, delegated to the State Highway Board. Upon the exercise of this power and authority by the State Highway Board, the Governor of the State is requested to execute such conveyances as may be made under this authority upon receipt of such nominal consideration as a committee composed of the Governor, the Attorney-General, and the State Auditor shall determine to be meet and proper for each such individual conveyance. Power to convey highway rights of way. Section 7. Power to Initiate Projects. The State Highway Board and its successors for the benefit of the State Highway Department and its successors is authorized and empowered to request the Authority to consider the financing and construction of any project which may be desirable in the opinion of said board, and, in the interest of making such consideration possible, the State Highway Board is authorized in its discretion to expend from any funds available to it such sums as may be necessary for the survey and study of any projects, such expenditures may include those necessary for any and all traffic surveys, expert studies, and all other expenses incurred by the department in establishing the feasibility of any given project and in the execution of all plans and specifications necessary for its construction and all engineering supervision required in its construction. The board shall keep proper records which shall reflect the amounts so spent on each and every project requested. Upon the

Page 633

completion of any given project or projects financed by any given revenue bond issue, so long as there shall be funds available in the hands of the Authority from the issue of revenue bonds to finance such project or projects, the Highway Department may request, and the Authority may grant, the reimbursement of such expenditures, however, if not reimbursed said expenditures shall be legitimate expenses of the Highway Department. The Authority for the purposes of this Act, and upon the receipt of such studies, plans and specifications and other aids and conveyances which the State Highway Board shall furnish to it, shall, under its revenue bond powers, arrange for the financing of, and pursuant to its competitive bid contracting powers, procure the construction of desirable permanent projects upon such rights of way and between such bridgeheads as said State Highway Department shall to it convey; provided, that all studies, surveys, planning, engineering planning and construction supervision shall be done by the State Highway Department or its agents, unless specific authorization is given to the Authority by the State Highway Board to perform these duties with its own agents and employees. Power to initiate projects. Section 8. Power to Lease Projects. The Authority is authorized and empowered, as owner of such projects as it may cause to be constructed, to offer, as lessor, to lease, and the State Highway Board or its successors, for and on behalf of the State Highway Department and/or its successors is authorized and empowered to accept and execute leases for the use of such projects for terms not exceeding 50 years from the date of execution; such leases may provide for the advance payment of agreed sums of yearly or monthly rental, which payments may begin on execution of leases, such dates being prior to the completion of such projects or otherwise, and may obligate the State Highway Board and/or the State Highway Department and/or their successors to pay such sums for the lease of such project and in addition to obligate itself to pay for, or perform all maintenance, upkeep and repair or any other reasonable expense of such project; provided, that no such lease shall

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be binding upon the State Highway Board or a valid act of the Authority until and unless the Authority shall have secured a certificate from the State Auditor that the yearly rental obligations under such lease shall fall within the existing power of the State Highway Department to make such obligations pursuant to Section 12 of the State Highway Board Act, as amended. Provided, that the State Highway Board acting under this authority shall have the power to make such examination of the books, records, and contracts of the Authority as may be necessary for the purpose of establishing the reasonableness of the sums to be charged as project rental in any case and said board shall in every instance have the power to refuse to execute such lease contracts as shall in its opinion be unreasonable; if the State Highway Board should refuse to execute a lease contract with the Authority of any site of which a conveyance has been made by the State Highway Board within a reasonable time after the offering of a lease by the Authority upon a given bridge site, all right, title and interest of the Authority in said site shall revert to the State of Georgia; all projects constructed by the Authority and leased by the State Highway Board pursuant to the provisions of this Act are hereby declared to be a part of the State highway system of Georgia, regardless of their location. Power to lease projects. Section 9. Power to Add Lease Covenants. The Authority is authorized and empowered as owner-lessor to require, and the State Highway Board and/or its successors, for and on behalf of the State Highway Department and/or its successors, is authorized and empowered to bind itself, as additional lease consideration, to lease convenants and obligations providing for its liability for any and all damages to persons or property occurring upon the project leased to it by the Authority; the several counties, individually, are also hereby authorized to become parties to such lease project contracts for the purpose of binding themselves, as further additional lease consideration for such leases, to covenants and obligations providing for their liability for any and all damages to persons or property occurring upon such projects

Page 635

in accordance with the existing provisions of law relating to the liability of counties incident to the public use of such projects. Power to add lease covenants. Section 10. Cessation of Rentals. When each and all of the bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly, or otherwise have been paid in full, or a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of such bondholders or other obligees, such project or projects shall thenceforth be maintained as a part of the State highway system, free from any and all rental consideration, provided that the State Highway Department shall maintain and keep in repair such free project or projects. Cessation of rentals. Section 11. Projects, Revenues, Rents, and Earnings: Use. The Authority is hereby authorized to fix rentals and other charges which the State Highway Department shall pay to the Authority for the use of each project and to charge and collect the same to lease and make contracts with the State Highway Department with respect to the use by said department of any project. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide for a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects including reserves for extra-ordinary repairs, and other reserves required by the resolution of trust indentures, unless such cost shall be otherwise provided for, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due, (c) the pro rata share of the Authority's reasonable and necessary administrative and operating expenses as may be justifiable, including any sum or sums that may be due and owing to the State Highway

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Department as a result of expenditures made by that department as in the preliminary studies and surveys which it may have made on projects of the Authority, and (d) any excess income which may be required by the bond purchasers or dictated by the requirements of achieving ready marketability and low interest rates upon the revenue bonds issued to finance the Authority project or projects. Revenue and earnings. Section 12. Authority Fund. All revenue in excess of all obligations of the Authority of any nature, together with all unused receipts and gifts, of every kind and nature whatsoever shall be and become the Authority fund. The Authority, in its discretion, is charged with the duty of pledging, utilizing, or expending the Authority fund for the following purposes: (1) Pledges to the payment of any revenue bond issue requirements, sinking or reserve funds, as may be provided for under Section 26 hereof. (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses. (3) The construction of any projects requested by the Highway Board whose cost of construction may amount to a sum less than the accumulated balance in said Authority fund. (4) The most advantageous obtainable redemptions and retirements of the Authority's bonds pursuant to the prepayment redemption privileges accorded to the Authority in the various issues of bonds outstanding. (5) The most advantageous open market purchase of the Authority's bonds that the Authority may accomplish. (6) Investment at the highest interest rate obtainable in U. S. Government securities of guaranteed convertibility or maturities not in excess of five years; provided, that all funds so invested and all earnings of such funds shall always be available to, and ultimately expended for the other purposes of this section. Authority fund. Section 13. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations as approved by the State Highway Department for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of each such

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project. Rules and regulations for operation of projects. Section 14. Revenue Bonds. The Authority shall have power and is hereby authorized, at one time, or from time to time, to provide by rsolution for the issuance of negotiable revenue bonds in a sum not to exceed thirty million dollars ($30,000,000) outstanding at any one time for the purpose of paying all or any part of the cost as herein defined of any one or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest as provided for in Section 15, shall be payable in such manner of payment as to both principal and interest as may be determined by the Authority, shall mature, not later than 20 years from the date of issuance, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Revenue bonds. Section 15. Same: Sale Price and Interest Rate. All bonds of the Authority shall be sold by public competitive bidding at par plus accrued interest to the date of delivery; provided, however, the Authority may obligate itself to deliver any given issue of bonds to the purchasers thereof within any reasonable period of time after the date of sale and may pay as a penalty for delay in such delivery such reasonable sums as may be agreed upon in advance in writing with the purchaser or purchasers of such bonds. All bonds of the Authority shall be advertised and offered prior to the fixing of the interest rates thereon, and bids thereon shall be competitive as to the interest rate offered by each bidder; provided, on any issue the Authority may make rules limiting the number of divisions into which the bonds of various maturity dates may be divided, and the number and percentage spreads of the different interest rates which may be bid to apply to such divisions of the bonds and provided further, the Authority may require reasonable security for the performance of the

Page 638

contract of purchase of any successful bidder at any public competitive bidding held. Sale price and interest rate. Section 16. Same: Form: Denominations: Registration: Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. Form, denomination, registration, etc. Section 17. Same: Signatures: Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Signatures; seal. Section 18. Same: Negotiability: Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of this State. Such bonds and the income thereof shall be exempt from all

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taxation within the State. Negotiability; exemption from taxation. Section 19. Same: Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects, and shall be disbursed upon requisition or order of the chairman of the Authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indentures may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of principal and interest of such bonds. Proceeds from bonds. Section 20. Same: Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Interim receipts, etc. Section 21. Same: Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Lost or mutilated bonds. Section 22. Same: Condition Precedent to and Object of Issuance. Resolutions for the issuance of such revenue bonds may be adopted without any other proceedings or the happening of any other conditions or

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things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of projects at any one location or any number of locations. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Condition precedent to and object of issuance. Section 23. Same: Credit of State Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the State to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Credit of State not pledged. Section 24. Same: Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Resolutions providing for the issuance of revenue bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, including the right to the appointment of a receiver for any project or projects upon the default of any principal or interest payment upon the bonds thereof, and the right of any receiver or indenture trustee to enforce collections of rents, revenues, or other charges for the use of the project or projects necessary to pay all costs of operation, the principal and interest on the issue, and cost of collection,

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and all things reasonably necessary to accomplish the collection of such sums, in the event of any default of the Authority, and such resolutions or trust indentures may include covenants setting forth the duties of the Authority in relation to the acquisition of the property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding, and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision of State Highway Department engineers or others satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given, by contractors and by any depository of the proceeds of the bonds or revenues or other monies, be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the right and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem advisable, reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture or an administrative expense of the Authority. Security. Section 25. Same: To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purpose

Page 642

hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. To whom proceeds to be paid. Section 26. Pledge of Revenues. The revenues, rents and earnings derived from any particular project or combined projects or any and all funds from any source received by the State Highway Department and pledged and allocated by it to the Authority as security for the performance of any lease, or leases; or, any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings, and revenue were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged by the Authority to payment of principal and interest on revenue bonds of the Authority as any resolution authorizing the issuance of the bonds or trust instrument may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolutions or trust indentures such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any monies in all sinking funds, after all bonds and the interest thereon for which such sinking funds were pledged have been paid, may be paid into the Authority fund provided for in Section 12 hereof. Pledge of revenues.

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Section 27. Same: Remedies of Bondholders. Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Highway Board and/or the State Highway Department or their respective successors; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State. Remedies of bondholders. Section 28. Same: Refunding Bonds: The Authority is hereby authorized subject to the provisions of any prior resolution or trust indenture to provide by resolution for the issuance of revenue refund bonds of the Authority for the purpose of refunding any revenue

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bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holder thereof and the duties of the Authority in respect to the same, shall be governed by the provisions of this Act insofar as the same may be applicable. Refunding bonds. Section 29. Same: Bonds as Legal Investment: Security for Deposit . The bonds herein authorized are hereby made securities in which all public officers and bodies of the State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, saving banks and saving associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Bonds as legal investment. Section 30. Same: Exemption from Taxation: Covenant of State . It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it under its jurisdiction, control, possessions or supervision

Page 645

or upon its activities in the operation or maintenance of the projects erected by it or any fees, rental or other charges for the use of such projects or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation from within the State. Exemption from taxation. Section 31. Same: Venue and Jurisdiction . Any action to protect or enforce any rights under the provisions of this Act, brought in the courts of the State, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive original jurisdiction of such actions. Venue of actions. Section 32. Same: Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Code of Georgia, Section 87-8. Validation. Section 33. Same: Adjudication Declaratory of Lease Contracts Validity . In and as an integral, but independent, part of the bond validation proceedings under this Act, or separately, the Authority is hereby given the right to and privilege of a simultaneous or separate right of action, suit or countersuit or equitable bill against the State and the State Highway Board and Department for a declaratory adjudication of the validity and binding effect of all lease contracts whose rental income may be pledged, or partially pledged, to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversy shall be whether or not the proported contracts contested are in all respect a good and sufficient, valid and binding obligations of the State Highway Board and Department. Any citizens of the State may intervene in such actions and assert any ground of objection. It shall be encumbent upon the State Highway Board and Department to defend against an adjudication of such validity or be forever bound unto the Authority and all succeeding to the rights of the Authority thereafter. Such adjudications

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may be rendered as an integral, but independent, part of the judgment upon the validation issue with which they are contested; or separately. Declaratory judgments. Section 34. Same: Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, nor will the State itself in any way obstruct, prevent, impair, or render impossible the due and faithful performance by its Highway Board and/or Department, or their successors, of all project rental and/or lease contracts and all the covenants thereof entered into under this Act, nor will the State compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and each and every holder of the Authority's bonds, and upon and after the issuance of bonds under the provisions of this Act shall constitute an irrevocable contract with the holders of such bonds. Interest of bondholders. Section 35. Monies Held as Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, or as revenues, tolls and earnings, shall be deemed to trust funds to be held and applied solely as provided in this Act, and the bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indentures of the Authority. Monies held as trust. Section 36. Same: Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; and shall not be regarded as in derogation of any powers now existing. Section 37. Liberal Construction of Act. The Act being

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for the welfare of the State and its inhabitants, shall be liberally construed to affect the purposes hereof. Section 38. Effect of Partial Invalidity of Act. 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 the remaining provisions. Section 39. Repealing Clause. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 25, 1953.

Page 2001

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1953 JANUARYFEBRUARY SESSION Compiled and Published by Authority of the State

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PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

Page 2003

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1953 JANUARYFEBRUARY SESSION ECHOLS BOARD OF EDUCATIONPURCHASES. No. 1 (House Bill No. 38) An Act providing that purchases made by the County Board of Education of Echols County shall be done by public bidding; to provide that notice of such purchases shall be published for a certain period; to provide that purchases shall be for a thirty-day period; to make it a misdemeanor to violate this Act; to provide for punishment; to provide for the posting of receipts and disbursements by said board in certain localities at certain times; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. All purchases made by the County Board of Education of Echols County shall be done by public bidding. It shall be the duty of said board to have advertised in the official news organ of said county a statement disclosing the purchasing needs of said board. Said advertisement shall be placed in said official news organ each day for five days prior to the acceptance of any bids. Advertising and bids. Section 2. All purchases made by said board are to be in such amounts as to fulfil the needs of said board for a thirty-day period, unless an unforeseen emergency should arise, then the superintendent of schools may recommend in writing to the school board that the emergency expenditure be made and that such recommendation shall state the nature of the emergency and it shall be recorded in the minutes of said board and ratified by a majority vote of the board thereof. Purchasing period. Section 3. Said board shall post at the courthouse door of Echols County, at the end of each month, a full report which shall account for all disbursements and receipts received by said board during such month, including the source of all income and the names of all persons, firms or corporations to whom such funds are paid and the amount received by each. Reports. Section 4. If said board fails to carry out any of the provisions of this Act, the members of said board shall be guilty of a misdemeanor and punished as for a misdemeanor; provided, however, that only the members of said board who refuse to carry out the provisions of this Act shall be guilty of and punished for said misdemeanor. Violation. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia a local bill providing that purchases made by

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the County Board of Education of Echols County shall be done by public bidding, notice of which shall be publicly advertised ten days prior to any acceptance of bids; to provide that purchases be for a ninety-day period or longer; to make it unlawful to make purchases except by public bids; to provide that all disbursements and receipts made during each month by said county board of education shall be posted at the courthouse door of Echols County at the end of each month by said board; and for other purposes. This 12 day of December, 1952. Charles E. Stewart Representative, Echols County. 12/13, 20, 27, Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Stewart, who, on oath, deposes and says that he is Representative from Echols County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of Echols County, on the following dates: December 13, 20 and 27. /s/ Chas. E. Stewart Representative, Echols County Sworn to and subscribed before me this 13 day of January, 1953. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Ga., My commission expires Oct. 7, 1956. Notarial Seal Affixed. Approved February 2, 1953.

Page 2006

BARNESVILLE CHARTER AMENDED. No. 2 (House Bill No. 28). An Act to amend, consolidate, create, revise and supersede the several Acts incorporating the City of Barnesville in the County of Lamar, 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 a mayor and council and 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 define their qualifications, terms of office, and 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 and their compensation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections and for declaring the results thereof; to provide the selection of a mayor pro tem.; to define his qualifications, duties, and term of office; to provide for registrars, to define their duties, compensation, and term of office; to provide for appeals from decisions of registrars, mayor's court, city council, arbitrators, and other appeals; to provide for appointment or election of a clerk, chief of police, city attorney, and other officers and employees, to define their duties and powers; to provide for salary and compensation of officers and employees of City of Barnesville; 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 raising revenue by

Page 2007

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, installation of sanitary equipment and fixtures, to provide penalties for refusal or non-compliance; to provide for extension of water and sewer mains and system; to provide for general police protection and sanitary and health measures and requirements; to provide for zoning regulations and ordinances; to provide for a jail, guardhouse, and other places of detention; to provide for a public works gang; 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 purchase; to define and provide punishment for vagrancy; to provide for a cemetery, and maintenance of the same; to provide for abatement of nuisances, use of firearms and fireworks; to provide for ownership, rental, use, and distribution of public service and utilities; to provide when and how claims or demands are filed; 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 and regulations of said municipality; to provide for the laying and construction of sidewalks in said city, and for the assessment of costs against property owners; to provide for the collection of assessments for the 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 costs of paving, repaving, 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

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protest and objection; to provide for collections of assessments for street paving or improvements; to provide for lien on abutting property to provide for payment of assessments in annual installments bearing interest; to provide for levy of assessments; to provide for issuance of street improvement bonds and provide when they shall be due and payable; to provide for levy and sale of property upon default; to provide for illegality by defendant or property owners; 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 provide that said mayor and council shall have no authority to issue a license for any malt or alcoholic beverages within the city limits until they have first called an election and submitted the question to the qualified voters of the said city and a majority of the said qualified voters shall vote to legalize said sales and authorize said mayor and council to issue a license to sell the same; to provide for severance of the enactment of charter; to define, prescribe, enumerate the rights, powers, authority, and governmental jurisdiction of the City of Barnesville, its mayor and council, and other officers and employees, as well as to provide powers, rights, and authority to carry out the rights and privileges granted; to repeal conflicting laws and ordinances; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the City of Barnesville, Lamar County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Barnesville 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

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and hereditaments now belonging or in any way appertaining to the said City of Barnesville 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 Barnesville, 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. Incorporation. (a) Be it further enacted that said City of Barnesville as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed to all the rights of said City of Barnesville 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 Barnesville 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 Barnesville for corporate purposes. The said city, through

Page 2010

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, waterworks 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. (c) The title to any property, real or personal, within or without the corporate limits of said city, heretofore acquired by the City of Barnesville, with or without proper charter authority, is hereby vested in the City of Barnesville created by this Act, the acquisition thereof being hereby ratified and made lawful. Section 2. Be it further enacted that the corporate limits of the City of Barnesville are defined as follows: The corporate limits of the City of Barnesville shall extend one (1) mile radius from the brass disc located in the west sidewalk of Thomaston Street, said disc being 40 feet southwest from the southwest corner of the intersection of Thomaston Street and Market Street and in front of the building formerly occupied by Stafford, Blalock Company. All the area within the one-mile radius shall be included in the corporate limits except the following tract of land in the southwest portion of the one-mile radius circle which is the property of Aldora Mills and is within the corporate limits of the Town of Aldora, Georgia, and described as: Beginning where the one mile radius intersects the north right of way line of the Barnesville-Zebulon Highway (Georgia Route 18); thence eastwardly along the north right of way line of said highway 104.6 feet; thence north 13 degrees, 16 minutes east 1992.5 feet along the east property line of Aldora Mills and east corporate limits of the Town of Aldora to an iron stake on the south right of

Page 2011

way line of the Central of Georgia Railway Company; then westwardly along the south right of way line of said railroad to the point where it intersects the one-mile radius. The following tract of land outside the southeast portion of the one-mile radius circle and originally conveyed by the Regents of the University System of Georgia to the City of Barnesville shall be included in the corporate limits and described as: Beginning where the one mile radius intersects Gordon Road; thence north 89 degrees, 10 minutes east, 1246.3 feet along Gordon Road; thence south 2112.7 feet; thence west 2303.2 feet; thence north 848.8 feet; thence west to intersection with the one-mile radius. Limits. Section 3. Be it further enacted, that the City of Barnesville is hereby divided into four wards to be numbered from one to four, having such metes, boundaries and limits as follows, to wit: Ward No. 1. Ward One shall include all territory within the following described bounds: Beginning at a point where the right of way of the Central of Georgia Railroad leading from Barnesville to Thomaston intersects the incorporate limits of the City of Barnesville, running thence in a northerly direction along said right of way to Rose Avenue, and proceeding thence along the middle of Rose Avenue in an easterly direction to Greenwood Street, thence in a northerly direction along the middle of Greenwood Street the full length of and through the extension of Greenwood Street to a point where the center of the pavement on Atlanta Street intersects with the center of the pavement on Zebulon Street in Depot Plaza, thence proceeding in a northeasterly direction along said Depot Plaza to the middle of Mill Street, thence following the middle of Mill Street in a northerly direction its full length to the incorporated limits of the City of Barnesville and thence following the incorporated limits of the City of Barnesville in a westerly and southern direction to the point of beginning. Wards. Ward No. 2. Ward Two shall include all territory within the following described bounds: Beginning at a

Page 2012

certain point where the middle of Mill Street intersects the incorporated limits of the City of Barnesville and proceeding thence along the middle of Mill Street in a southernly direction the full length of Mill Street to the right of way of the Central of Georgia Railway Company, thence proceeding in a southwesterly direction along Depot Plaza to where Atlanta Street and Zebulon Street corner, thence easterly along Zebulon Street and across Main Street, then along the middle of Forsyth Street in an easterly direction the full length of Forsyth Street to the incorporate limits of the City of Barnesville, thence along the incorporate limits of the City of Barnesville in a northerly and westerly direction to where the center of Mill Street intersects the said city limits of Barnesville. Ward No. 3. Ward Three shall include all territory within the following described bounds: Beginning at the point on Forsyth Street where the middle of the pavement on said street intersects with the incorporated limits of the City of Barnesville, and which point is made one of the terminal points for Ward Two above, continuing in a southern and westerly direction along the curved incorporate limits of the City of Barnesville to where the south side of Gordon Road intersects said city limits, thence in a northwesterly direction along the south side of said Gordon Road to where said Gordon Road intersects with East Street and Stafford Avenue, thence in a westerly direction along the south side of Stafford Avenue (so as to include all of the residences, houses, and places of abode facing on said Stafford Avenue and Gordon Road) to where said Stafford Avenue intersects Thomaston Street, thence in a northerly direction along the center of the pavement on Thomaston Street to Bird Avenue, thence in a westerly direction along the center of Bird Avenue to where said avenue intersects Greenwood Street, thence in a northerly direction along the middle of the pavement on Greenwood Street and along the continuation of Greenwood Street to where same intersects with Atlanta Street and Zebulon Street, and Depot Plaza, thence in an easterly direction along the middle of the pavement on Zebulon Street, across Main Street, thence easterly along the middle of the pavement

Page 2013

on Forsyth Street, throughout its entire length to the incorporate limits of the City of Barnesville to the point of beginning. Ward No. 4. Ward Four shall include all territory within the following described bounds: Beginning at a point where Gordon Road intersects with the incorporated limits of the City of Barnesville, which point is made one of the terminals of Ward Three above, thence north eighty-nine degrees and ten minutes east of 1246.3 feet, thence south 2112.7 feet, thence west 2303.2 feet, thence north 848.8 feet, thence west to intersection with the one-mile radius from the center of Barnesville as indicated by brass disc described in description of the corporate limits of said city, thence running in a southerly and westerly direction along the city limits of the City of Barnesville and continuing along said city limits to where the right of way of the Central of Georgia Railway Company leading from Barnesville to Thomaston intersects with the city limits of Barnesville, thence proceeding in a northerly direction along said right of way of said Central of Georgia Railway Company to where said right of way of said railroad crosses the center of Rose Avenue, thence proceeding in an easterly direction along Rose Avenue to the middle of Greenwood Street, thence proceeding along the middle of Greenwood Street in a northerly direction to where Greenwood Street intersects with Bird Avenue, and continuing along the middle of Bird Avenue in an easterly direction to Thomaston Street, thence in a southerly direction along the center of the pavement on Thomaston Streets to Stafford Avenue, thence in an easterly direction along Stafford Avenue to where said Stafford Avenue, East Street, and Gordon Road intersect, thence running in a southeasterly direction along the south side of Gordon Road to the point of beginning. (However, all of the houses, dwellings and places of abode facing on Stafford Avenue and Gordon Road are excluded from this ward, since they are in Ward Three). Section 4. Be it further enacted that the municipal government of the City of Barnesville shall be vested in

Page 2014

a mayor and four councilmen, whose qualifications and manner of election are hereinafter prescribed, and that the present mayor and aldermen (whose title is hereby changed to that of councilmen) shall continue in office during the respective terms for which they were elected and until their successors shall have been elected and qualified. (a) The mayor shall be a qualified voter of the State of Georgia, County of Lamar, and of the City of Barnesville, and not less than twenty-five years of age by the date of taking office, a freeholder of the City of Barnesville for not less than six months next preceding the date of the election and a continuous resident of said city for not less than twelve months prior to the election at which he offers as a candidate. Each councilman shall be a qualified voter of the State of Georgia, County of Lamar, and of the City of Barnesville, and not less than twenty-one years of age by the date of taking office, a freeholder of the City of Barnesville for not less than six months next preceding the date of the election and a continuous resident of said city for not less than twelve months prior to the election at which he offers as a candidate. A councilman shall at the time of his election be a resident of the ward from which he was elected and if during his term of office he shall cease to be a resident of said ward he shall be deemed to have vacated his position. Mayor and councilmen. (b) An election shall be held at the city hall, or such other place or places as the city council may hereafter designate, on the fourth Tuesday in August annually. On the fourth Tuesday in August, 1953, and every two years thereafter, a mayor and two councilmen shall be elected to serve for two years and until their successors are elected and qualified. One of the two members of the city council to be elected in 1953 shall be a resident of Ward One. The other member of the city council to be so elected in 1953, shall be a resident of Ward Two, and each two years thereafter their successors shall be residents of Wards One and Two respectively. On the fourth Tuesday in August of 1954, and every two years thereafter, two councilmen shall be elected to serve for

Page 2015

two years and until their successors are elected and qualified. One of the two members of the city council to be elected in 1954 shall be a resident of Ward Three. The other member of the city council to be so elected in 1954 shall be a resident of Ward Four. Each two years thereafter their successors shall be residents of Wards Three and Four respectively. The mayor and councilmen of the City of Barnesville shall be elected by the voters from the city at large, but said councilmen shall be from the several wards as hereinabove set out. Election. (c) The mayor and councilmen elected on the fourth Tuesday in August, 1953, shall, on the 8th day of September, 1953, be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved on me as Mayor or Councilman (as the case may be) of the City of Barnesville; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill, and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. And on the 8th day of September in each year thereafter the mayor and councilmen-elect, or councilmen-elect, shall be installed in office by taking and subscribing said oath. If the 8th day of September falls on Sunday, or any such officer fails to be installed on that day, such installation shall take place as soon threafter as practical. Oath. (d) The city council, annually at their first meeting, shall elect one of their members as mayor pro tempore, who shall, in the absence, disability or disqualification of the mayor, perform all of the duties and exercise all the rights, powers, and privileges of the office of mayor. Mayor pro tem. (e) The mayor shall preside at meetings of the city council; he shall not be allowed to vote except in the following instances: (1) In the case of a tie vote by the council on any questions or measures; and (2) in all elections by the mayor and city council of the subordinate

Page 2016

officers of the said city (even though his vote results in a tie vote and failure to elect any such officer). Where the mayor's vote in the election of a subordinate officer of said city causes a tie vote, and results in a failure to elect any person to such office, said mayor shall have power to appoint some competent person to fill such office until such time and until the mayor and city council by a majority vote elect some person to fill such office. Said mayor shall have the veto power and may veto any ordinance, orders or resolutions of the city council; in which event the same shall not become a law and enforceable unless subsequently passed over his veto by a vote of at least three-fourths of the councilmen on a yea or nay vote duly recorded on the minutes; provided, that unless the mayor shall file in writing with the city clerk his veto of any measure passed by the council, together with his reasons for disapproval, within three days after its passage, said measure shall become a law as though approved by him. The mayor may approve in writing any measure passed by the city council, and it shall go into effect immediately. Mayor's powers. (f) The mayor shall be the chief executive officer of said city; have general supervision of the affairs of said city; and shall see that the laws of said city are executed, and that the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the chief of police and police force of said city, and may appoint special police officers wherever he deems necessary. He may exercise, in the corporate limits and police limits of said city, all the powers conferred on the sheriff or constable to keep the peace and suppress riots and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over 18 years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. (g) In case of a vacancy in the office of mayor or councilmen, from failure to elect, death, removal, or any cause whatever, said vacancy shall be filled by an

Page 2017

election ordered by the city council to take place not more than sixty days from the time the vacancy occurs, under the same rules and regulations that govern other elections in said city. The city clerk shall cause notice of the holding of said election, and the time and purpose thereof, to be published once a week for two weeks prior to said election in the newspapers in which the sheriff's advertisements for Lamar County are published. Vacancies. (h) The mayor and city council shall have full power to fix the time, place, and rules of procedure of their regular sessions. And the mayor shall have power to convene the city council in special session whenever he deems proper. The mayor and city council shall have full and ample power to do and perform any of their duties or powers at a special or call session as at a regular session. Meetings. (i) The salary of the mayor shall not exceed $900.00 per annum; nor that of any councilman $600.00 per annum. All salaries shall be paid monthly. Compensation. Section 5. Be it further enacted, (a) 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 the council, except when they may be in executive session, to keep and record all ordinances, laws and resolutions passed or enacted by the city council in appropriate books. He shall be ex-officio clerk of the mayor's court of said city and keep records of said court. He shall issue all licenses, permits and receipts in the name of said city, to collect therefor and to account for all funds so collected. He shall issue summons and writs when directed by the mayor, any council member, chief of police, 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 of the City of Barnesville, the clerk of council may also be treasurer, whose

Page 2018

duty it shall be to receive and safely keep all monies belonging to said city. He shall keep accurate records of all of his official transactions, and to keep separate accounts of all monies received from taxes and licenses 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 Barnesville, 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 chief of police for the City of Barnesville, elected by the city council, and he shall make levies for taxes and other executions executed 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. Chief of police. (d) That the city council is further authorized and empowered to elect policemen, health officers, building inspector, chief of fire department, city physician, city attorney, city engineer, waterworks superintendent, electric light department superintendent, cemetery keeper, and such other officers and employees as said city council may deem necessary for the City of Barnesville, or said council may consolidate any of the aforesaid officers to be elected by them. 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 may be removed therefrom whenever the city council may deem such to the

Page 2019

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 and city council. Appeal may be made to the city council if the person so dismissed or removed desires, and in the event his appeal is sustained by an affirmative vote of three members of council, he will be restored to his former office or employment without loss of salary; should his appeal receive less than three affirmative votes of the council, then his salary shall cease effective of the time of his removal or dismissal by the mayor or council. Tenure. (f) Be it further enacted, that the mayor and city council is authorized and empowered to fix and determine the compensation or salary to be received by each employee, either elective or appointive, of said City of Barnesville, including the mayor and council members. They may determine how and when this compensation or salary is 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 the council in September of each 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 said mayor and city council. Compensation. (g) Be it further enacted, that each of said officers aforesaid shall take such oath, and give such bond, and perform such duties as the mayor and city council may prescribe. Oath, bond. (h) Be it further enacted, that the mayor and council not later than thirty days after the 8th of September in each year shall cause to be made a thorough and complete audit of the business and affairs of the City of Barnesville for the previous fiscal year which ends on September 8th, by a certified public accountant, and a copy of said audit shall be kept on file in the office of the clerk for inspection by the public during office hours. Any failure on the part of the mayor and council or city clerk to comply with the terms of this section of this Act

Page 2020

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 $1000.00 for each such offense, and said $1000.00 shall be paid to the City of Barnesville. Audits. Section 6. Be it further enacted, that no person shall be allowed to vote in said city elections, except he be eligible under the provisions of the Constitution of said State to vote for members of the General Assembly from the County of Lamar, and unless he shall have bona fide and continuously resided in the said City of Barnesville as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voters. Section 7. Be it further enacted by the authority aforesaid that the City of Barnesville 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 Barnesville shall be required to qualify by registering therein, providing however, that should the said city now have such a book, that the same shall continue in force, and in the event a citizen has registered, it will not be necessary for the citizen to register again in order to become an elector and participate in the elections of the City of Barnesville 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 Barnesville. Registration. (a) That the mayor and council shall appoint three citizens of Barnesville as registrars whose term of office shall end September 7th 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

Page 2021

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 citizens 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: 1. Have died. 2. Have moved without the city limits. 3. Are otherwise disqualified to vote. (d) That when a name is removed from the list of voters or electors, and the person shall be in life, notice should be given to the person whose name was removed stating the reason therefor, and giving the time and place where said registrars will hear any objections of such removals of names. Said hearing to be held not less than three days from date of service of notice and service may be made by personal service if the person lives within the limits of Barnesville, 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 Lamar County, Georgia. Removal of names. (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 on the day of election. Voters' list.

Page 2022

(f) That said registrars shall take the general oath required of the mayor before performing any of their duties. (g) That the mayor and 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, in accordance with the above provisions and with the laws of this State governing municipal elections. Section 8. Be it further enacted, that all elections held in and for said city under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace or other judicial officers and two freeholders, or by three freeholders, residents of said city; and before entering on their duties as managers they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are justice of the peace or other judicial officers, or freeholders (as the case may be); that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the laws of said city, nor will we knowingly prohibit any one from voting who is by law entitled to vote; said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any officer qualified to administer oaths, or the managers may swear each other. The polls to all elections held in and for said city shall be open from 7 o'clock a. m. until 6 o'clock p. m., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result. They shall keep two lists of voters and two tally-sheets, and shall make a certificate of the result on each tally-sheet; and they shall place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same, and deposit them with the Clerk of the Superior

Page 2023

Court of Lamar County. The other list of voters and tally-sheet shall be filled by the managers with the city council of said city, who shall meet within five days after said election is held, and declare the result thereof. The clerk of said superior court and the city clerk, after the expiration of sixty days from the time of said election, shall destroy said list of voters and ballots without inspection, provided no contest be filed or pending. The mayor and city council of said city are authorized and empowered to adopt such further reasonable rules for the conduct of city elections as they may deem proper. Elections. Section 9. The mayor and council shall have full power and authority to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: Ordinances. (a) To protect and advance the morals of said city. (b) To secure peace, good order and quiet in said city. (c) To protect the health of said city, to prevent the spread of and to suppress infectios, contagious or dangeros diseases in said city. (d) To establish and maintain a hospital for the quarantine and treatment of diseases, either in or outside of said city, and to cooperate in the management and control of a public hospital for treatment generally of diseases and accidents, and to contribute money to the same. (e) To own and regulate cemeteries. (f) To prescribe fire limits and character of buildings to be erected therein, and for repair or improvement of buildings therein already erected. (g) To regulate the character of buildings to be erected in said city and to adopt and enforce building regulations, to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same.

Page 2024

(h) To prevent or condemn encroachments or obstructions in, upon or over any sidewalk, street or alley, and require the removal of any such. (i) To control and regulate any and all character of business, callings or professions in said city, to prescribe a license for each subdivision thereof, and enforce the collection of the same. (j) To establish, equip and maintain a fire department. (k) To have and exercise the powers of eminent domain so as to condemn and acquire private property, whether located in or out of said city, for public uses and purposes, or for the use and benefit of said city, or the light, water and sewerage department of said city, or the gas department thereof. (l) To prescribe and regulate the fees and charges of taxi-cab lines, parcel delivery and transfer companies, and all other similar transfer companies operating within said city, and regulate the operation of the same. (m) To prescribe a license for and regulate shows, lectures, or public entertainments of any kind. (n) To define and prohibit nuisances, and to prescribe the mode of trying all charges of nuisances, and to abate the same. (o) To regulate or to prohibit butcher pens, slaughter houses, pig pens, and the like. (p) To prohibit and suppress houses where illegal or immoral or disorderly practices are had. (q) To define and punish idling and loitering on the streets or elsewhere in the city. (r) To prohibit blind tigers in said city, or the having in said city, or the keeping therein for unlawful sale, any spirituous, malt, vinous or intoxicating liquors or beverages.

Page 2025

(s) To provide and enforce regulations respecting plumbers, plumbing, drainage, sewerage or any matter of sanitation. (t) To require connection with sewerage by property owners whose property abuts on streets having sewer mains therein. (u) To lay out and open new streets and alleys in said city. Section 10. Be it further enacted, that the mayor and council of said city 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. Promotion, advertising, etc. (b) The said city is authorized to receive any fund, property or other thing which may be offered as a donation or gift to the city or for public use and enjoyment. Section 11. Be it further enacted, that the mayor and city council of said city are granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the city limits where the sale, storage, or possession of malt or alcoholic beverages or drinks have a tendency to adversely affect

Page 2026

the morals, physical or health conditions of said city or the inhabitants thereof. Alcoholic beverages. Section 12. Be it further enacted, that all unliquidated claims against said City of Barnesville shall be presented within twelve months after they accrue or become payable, or the same are barred, unless held by minors or other persons laboring under disabilities, who are allowed twelve months after the removal of such disability. Claims against city. Section 13. Be it further enacted by the authority aforesaid that the mayor and council is granted power and authority to enact such ordinances, resolutions, rules and regulations they may deem 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 the City of Barnesville 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 Barnesville. Subdivisions. Section 14. Be it enacted by the authority aforesaid that the mayor and 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. Vehicles. Section 15. Be it further enacted, that the mayor and council of said city may, in the interest of public health, safety, order, convenience, comfort, propriety, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the locations of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of buildings, fences, or other structures, or the area or the dimensions of lots or of the yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages.

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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 shapes and area as the mayor and city council may deem best to accomplish the purposes of the zoning regulations. In the determination and establishment of 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 buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the protection of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinance necessary to effectually carry out this section. Zoning. Section 16. Be it further enacted, that the mayor and council of said city shall have full power and authority to furnish water, electric lights, power, and other public utility service for the public use of said city, and for private use within the corporate limits and outside of the corporate limits of said city, and to charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewage, a system of electric lights and power lines, a system for manufacturing or supplying gas or any other public utility system or plants; to purchase or generate electric energy or gas; and to own and to construct dams; to obtain by purchase, gift or condemnation such rights of ways or easements as may be necessary for the purposes herein provided; and to do anything necessary to maintain the supplying of said public utilities. Public utilities. Section 17. Be it further enacted, that the mayor and council of said City of Barnesville shall have full power and authority to regulate and enforce the collection of and insure payment of charges for supplying of water, electric lights, power energy, and sewer service, by the following method:

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(a) Said mayor and city council shall have full power to require the prompt payment in advance for all water, electric energy, sewer service furnished by said city; or to require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, or sewer service, where payment in advance, or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or persons served, in the same manner as city taxes are enforced, any unpaid charges for water, electric energy, or sewer service. Should any consumer fail to pay all water or electric light charges due by him to said city, said city may cut off water and light service from the premises, and, should he move to another place in said city, may refuse to furnish him such service at his new residence unless he pays the arrears. Service charges. (b) The provisions of this section shall also be applicable to charges for gas or any other public utility service which may hereafter be furnished by said city. Section 18. Be it further enacted, that no elecric light, water, or other public utility plant or system, now or hereafter owned by the City of Barnesville, shall ever be sold, leased, or otherwise disposed of by the City of Barnesville created by this Act, except in the manner provided by, and in strict compliance with, Sections 2, 3, and 4 of the Act of said General Assembly approved August 25, 1925 (Georgia Laws 1925, pp. 177-179); and said provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason or the repeal thereof. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the city council, setting forth and

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approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said city council, making conveyance thereof. Sale or lease of utility systems. Section 19. Be it further enacted that the mayor and council shall have authority to levy and collect taxes annually upon all property, real and personal within the limits of said city, as may be deemed necessary for the support of the city government not exceeding seven and one-half mills, exclusive of license, occupation, and school taxes, and any other special taxes or charges for which provision is made in this charter. All property taxes including school taxes shall have the same lien and priority as taxes due the State and county, except that they shall be postponed thereto. Taxation. Section 20. Be it further enacted, that all persons, firms or corporations owning property in said city shall be required to make a return under oath, annually to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of January 1st of each year; and the books for returning same shall open on January first 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. Returns. Section 21. Be it further enacted, that the mayor and council, annually by their first meeting in March, shall appoint three upright freeholders residing in said city as a board of tax assessors. Each person appointed shall hold office for a term of one year, and until his successor is appointed and qualified. Vacancies on said board may be filled by the mayor and council as they occur during the year. Each member of the board of tax assessors for the City of Barnesville shall have been a citizen of Barnesville for not less than two years prior to his appointment, shall be a freeholder and tax payer of said city, shall not be less than twenty-five years of age at the time of his appointment, and 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 subscribe

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to the following oath before entering upon the discharge of his duties: I do solemnly swear that I will faithfully and impartially perform the duties of tax assessor for the City of Barnesville without favor to any one, 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 as to all tax payers and to equalize the values placed upon the properties of the several tax payers, so help me God. Tax assessors. The board of tax assessors shall consist of three members, and they shall be appointed by the mayor and council as provided for herein. They may elect one of their members as chairman, and use the services of the clerk of the city council if they deem necessary. A majority of the board is a quorum and two affirmative votes are necessary to carry a motion or to take affirmative action. 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, for the purpose of taxation by said city at its fair market values; 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 returns of any of his real estate or personal property as hereinbefore required by the first day of April in any year said tax assessors shall assess said property of the person failing to return same at its just and fair evaluation, adding thereto such penalty as may be fixed by the mayor and council by ordinance for failure to make returns of property for taxation. They shall make a return of their work within thirty days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, the assessors shall appoint a time and place for hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation

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has been raised or a penalty and 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 said notice five days before said hearing to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Assessments. Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the mayor and council of said city, provided said appeal shall be filed in writing with the city clerk within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which the same has been assessed, and the fair market value as contended for by appellant, said appeal shall be heard by said mayor and council at their next regular meeting, and their decision shall be final. They shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure payment of taxes on all property subject thereto. Appeals. Section 22. Be it further enacted, that the board of tax assessors shall not pass upon the valuation of property owned by any member of the board, but the mayor and council shall pass upon these returns. Section 23. Be it further enacted, that the mayor and council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, 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 city clerk or deputy clerk and bear teste in the name of the mayor of said city; and the chief of police shall have authority to execute by levy and sale and the other means provided by sections 92-4301 and

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92-4405 inclusive of the Code of Georgia 1933. Executions. Section 24. Be it further enacted, that the mayor and council of said city is granted the power and authority to prescribe by ordinance or otherwise to 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 Barnesville, 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 Barnesville to make application for a license or permit and to pay a tax or license fee to the City of Barnesville. Said mayor and city council are 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 ordinances, 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 be exempt from the payment of the same by the laws of this State or of the United States, but said mayor and 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 a business or profession within the corporate limits of the City of Barnesville. Occupation taxes. Section 25. Be it further enacted, that said city by and through its mayor and 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 collections 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.

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Section 26. Be it further enacted, that the mayor and city council shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage of the streets, sidewalks, and public lanes and alleys of said city; to put down curbing, cross-drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, said mayor and city council shall have full power and authority to assess two-thirds of the cost of paving and otherwise improving sidewalks on the real estate abutting on the streets, but only on the side of the street on which the sidewalk is improved; and the City of Barnesville is to pay the other one-third of said cost. That the said mayor and city council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing curbing, side-drains, cross-drains, crossings, intersections, and otherwise improving the roadway or street proper, on the real estate abutting on each side of the street improved, so that the real estate abutting on both sides of the street improved shall be assessed two thirds of the cost thereof, the other one third to be paid by said city. Said mayor and city council shall prescribe by ordinance the work to be done on any street, sidewalk, etc., and the method of doing the same, and shall have charge of the public property, street improvements, street forces, and the performance of all other public work of said city; they shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose and for the amounts set forth, as may be just and proper, estimating the total cost of each improvement made and prorating the costs thereof on the real estate according to its frontage on the street so improved. It shall be wholly discretionary with said city authorities whether said improvements shall be made or not. Streets, sidewalks. Assessments. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing the work and making the assessment. Said City of Barnesville shall have authority to enforce the collection of the amount

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of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment. Said execution shall be signed by said city clerk and bear teste in the name of the mayor of said city, and may be levied by the chief of police and other police officers of said city upon such real estate; and after advertisement and other proceedings as in cases of sales for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest the absolute title in the purchaser, and said chief of police shall have full authority to eject the occupants of said property and place the purchasers thereof in possession; provided, that the defendants shall have the right to file an affidavit denying the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and the affidavit so received shall be returned to the Superior Court of Lamar County and there tried as other cases of illegality are tried. The lien of assessments against abutting real estate for street or sidewalk paving, etc., and the executions issued therefor, shall have rank and priority of payment next in point of dignity to liens for city taxes; and the chief of police of said city may transfer said executions in writing, and the transferees thereof shall have all the rights under the same as were had by said city. And said mayor and city council shall have authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to grade, pave, macadamize, drain, or curb any of the streets and sidewalks of said city; to enforce by execution the payment of the cost thereof against abutting property owners for the proportionate amounts due by them; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. And said City of Barnesville shall have full power to repave or repair

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any sidewalk, street, or alley or portion of such sidewalk, street, or alley, and such after proceedings as to levying and collection of assessments thereof as in cases of original paving, etc., provided for under this section, whenever in the judgment of the mayor and city council such repaving or repairs are necessary. And in all cases where street paving or repairing is contemplated on any street in said city, in which water-mains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property-line extension against the property to which said extensions are made, and in the same manner as assessments for street paving are made and collected. The assessments above provided to be made for grading and paving and repaving sidewalks, streets, alleys and street intersections, shall be made against all property abutting thereon, or situated in blocks adjacent to such intersections, whether owned by individuals, corporations, churches, or the County of Lamar, provided, however, that the enforcement of collection of the cost chargeable against Lamar County shall not be made by levy and sale of any property, but may be recovered by a suit at law against said county. Said city may provide by ordinance for the payment of these assessments in installments, and on such terms as may be prescribed. When payments are allowed in installments a lien shall arise and exist in favor of the city against the property of the persons, firms, or corporations owning the same from the date of the completion of the work until such installments are paid, and said debt and lien shall be evidenced by a statement thereof in writing entered of record in the office of the city clerk. Said debts and liens may be transferred by the city, and when transferred, the holders thereof shall be subrogated to and enjoy all the rights of said city, including the right to foreclose and enforce such liens.

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The methods contained in this section providing for paving, and repaving sidewalks, streets, alleys and intersections are cumulative and not exclusive. Section 27. The Street Improvement Act of the City of Barnesville approved July 30, 1927, and embodied in the Acts of the General Assembly of Georgia of 1927, pages 888 to 902 inclusive, is hereby expressly preserved and the same shall in no wise be affected by the passage and approval of this Act. Act of 1927. Section 28. Be it further enacted, that for the purpose of the exercise by the authority of the City of Barnesville police power and authority over offenses, matters or things affecting in any manner or degree the health, peace, good order, safety, and morals, and over persons offending against the laws and ordinances relating thereto, the corporate limits proper of said city, as hereinbefore defined, are hereby extended over the waterworks and any other real property now owned or may hereafter be owned by the City of Barnesville that is located outside the corporate limits of the City of Barnesville; and within said extended corporate limits, which shall be known as the city's Police Limits, power and authority to exercise such police power and authority is hereby vested in and conferred upon the mayor and council of said city, and all valid ordinances of said city heretofore or hereafter, relative to and covering said offenses, matters or things, or such offending persons, shall become and be operative and of full force and effect in and throughout said city's police limits; and the powers hereby vested in and conferred upon any and all of the police and arresting officers of said city, in the enforcement of said ordinances, to make arrests, or execute warrants or other process of said city within said territory and to make arrest therein for the violation of any State law relative to said offenses, matters or things, or offending persons; and all summons, subpoenas, warrants and writs issued by authority of said city shall be operative and have full force and effect in said police limits. Police limits. Section 29. Be it further enacted, that there shall

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be established in the City of Barnesville created by this Act a mayor's court, which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth: Mayor's court. (a) Said court shall be held as often as necessary for the trial of offenders; and the mayor and city council are authorized (but not required) to elect some competent citizen of said city as city recorder to preside over and hold said court, should they at any time deem such election of such official for the best interests of said city. Should such recorder be elected and thereafter be disqualified in any case or absent from the city, said mayor's court shall be presided over by some citizen designated by the mayor and city council. If no recorder be elected by the mayor and city council, said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said courts shall be presided over by the mayor pro tem.; and in the absence and disqualification of both the mayor and mayor pro tem., any councilman of said city may preside over and hold said court. The city clerk shall act as clerk of said court, and the chief of police and other police officers of said city shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by the ordinances of said city or the orders of the presiding officer of said court. Officers. (b) The jurisdictional limits of said court shall include the corporate limits proper and the police limits as provided by Section 28 of this Act. Said court shall have jurisdiction to try all offenses against the laws and ordinances of said city, committed within the jurisdictional limits. Jurisdiction. (c) The mayor, or other presiding officer, when sitting as such court, shall have power and authority to punish for contempt by fine not exceeding $50.00 and imprisonment in the city prison not to exceed ten days, either or both, in the discretion of said court. Contempt.

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(d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $250.00 and to imprisonment in the city prison or in the jail of Lamar County not exceeding 90 days, and to work and labor in the city public works gang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding 90 days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced in addition to and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner city tax executions are enforced. Sentences. (e) All cases made in said court shall be in the name of the City of Barnesville; all warrants for city offenses shall be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summons, etc., shall be signed by the city clerk, deputy clerk, or chief of police, and shall bear teste in the name of the mayor or the presiding officer of said court. Process. (f) The mayor, or other presiding officer, shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Lamar County for trial, to assess bail for his appearance, and to commit to jail in default thereof. Powers. (g) Said court shall have the right to compel the attendance of witnesses either within or without the jurisdictional limits thereof; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or

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constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (h) Said court shall have power to fix bail, accept bonds for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon the failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure so to do, said court shall issue a scire facias directed to the chief of police and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty days thereafter; that upon failure to show good cause, a rule absolute shall issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the city treasury. Said court shall have power to issue warrants for the rearrest of any defendant whose bond has been forfeited. Appearance bonds. (i) Said court shall have full power and authority, and the mayor and city council are hereby empowered to adopt, such additional rules and regulations as may be necessary to perfect the functions of said court and the enforcements of its judgments. Section 30. Be it further enacted, that any person convicted before the said mayor's court, for violation of any of the laws or ordinances of said city shall have the right to enter an appeal to the city council of Barnesville, provided said appeal be entered in writing and filed

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with the city clerk within two days after conviction, and all costs are paid or an affidavit in forma pauperis made thereof at time of filing such appeal. Pending the hearing of such appeal the accused shall be allowed to give bail for his appearance to abide the judgment thereon, if he is able to do so; otherwise he shall be confined in the city prison. The city council may convene at any time for the purpose of trying any such appeal, reasonable notice thereof being given each appellant. The hearing on such appeal by the city council shall be de novo, and they shall have power to reduce, modify, increase, or nullify the previous sentence. And any person convicted on such appeal by the city council shall have the right of certiorari to the Superior Court of Lamar County, in the manner provided by statute. Appeals. Certiorari. Section 31. Be it further enacted, that the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed, within the corporate limits or police limits of the City of Barnesville, offenses against any law or ordinance of said city or offenses against any penal law of this State. He shall have authority to take the examination of any person charged with a State offense, and the same to discharge, or commit to prison, or let to bail, according to law, to answer such charge before the proper court having jurisdiction, in the same manner as justices of the peace of the several counties of this State now or may hereafter have by law. All of said warrants shall be addressed to the chief of police (or other police officers), and to all and singular the sheriffs, deputy sheriffs and constables of this State, any one of whom shall have authority to execute said warrants. Arrests, commitment, etc. Section 32. Be it further enacted, that it shall be lawful for the chief of police or other police officers of said city to arrest without warrant any person or persons, within the corporate limits or police limits of said city, for an offense against, or a violation of, the laws and ordinances of said city or for a crime against the penal laws of said State, if the offense is committed in his

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presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. And in such cases when any offender against the laws or ordinances of said city, who after committing said offense seeks to flee and escape, the chief of police and other police officers are empowered to pursue and arrest him without warrant. Arrests without warrant. Section 33. Be it further enacted, the chief of police or any other police officer of said city shall have the right, power, and privilege to release any person arrested within the corporate limits or police limits of said city for an offense against the laws and ordinances of said city, upon said person, giving a bond, to be approved by the chief of police or mayor of said city, payable to the City of Barnesville, conditioned to pay the obligee in said bond an amount fixed by the chief of police or mayor of said city, in the event said person arrested does not appeal before the mayor's court at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. Bonds. Section 34. Be it further enacted, that there shall be established and maintained in the City of Barnesville, created by this Act, a system of public schools, to be established, conducted, and maintained as hereinafter prescribed. (a) Six trustees shall constitute the board of education whose duty it shall be to maintain and operate said public schools of the City of Barnesville, and said trustees shall be the same ones now installed and acting as such under and by virtue of the Act of the General Assembly of Georgia approved August 18, 1925, and each of said trustees now holding office under said Act shall continue to hold said office for the period for which he was elected and until his successor shall have been duly elected and qualified, and under no circumstances shall this Act terminate or cut short the term of office of any duly elected and acting member of the present board

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of education of the City of Barnesville. Each member of said board of education, at the time of his election, shall be at least twenty-one years of age, a resident of the City of Barnesville, a qualified voter under the charter and ordinances of said city, and a freeholder. At each city election for mayor there shall be elected two members as successors to those members whose terms of office are expiring. The officers of said board of education shall consist of a chairman and one as secretary and treasurer, whose terms of office shall be coincident with their terms as member of said board; the duties of said officers shall be such as usually appertaining to such offices; and said treasurer shall give bond in some guaranty company authorized to do business in this State in such amount as may be required by said board. Schools. (b) All vacancies shall be filled by election by the mayor and councilmen, by ballot, until the next election under this charter. (c) Said board of education shall provide separate schools in which the white and colored children must be taught. (d) All children, whose parents, guardians, or natural protectors, bona fide reside within the corporate limits of said city shall be entitled to the benefits of said schools. The board may also admit children into said schools whose parents, guardians, or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition fees as the board may deem reasonable and proper, provided, that all sums arising from these sources shall be used only for the purpose of maintaining said schools. (e) The board of education shall take and hold in trust for the City of Barnesville any grant or devise of land, or donation, or bequest of money or other property made to it for educational purposes, with the right to sue and be sued; they have full right and power to acquire property by purchase, and to erect buildings thereon for

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school purposes; to rent, lease, or take over for a number of years, with the privilege of renewal, from any person or corporation, school buildings, equipment and furnishings, and grounds for school purposes; to borrow money for current expenses, and to do all other things that may be necessary to carry on successfully a modern school system; to devise, designate, establish, adopt, and maintain a system of public schools in said city; to increase, modify, alter and change the same from time to time; to establish public schools for the said City of Barnesville, including primary, grammar, and high schools, as they may deem expedient and proper; to prescribe the curriculum, including agriculture, manual training, domestic arts, etc.; to appoint a superintendent and employ teachers for the said school; to make such by-laws, rules, and regulations for their own government, and that of the superintendent, teachers, and pupils of said schools as they may deem proper; and to do any and all other acts promotive of the best educational interest of the said city when not in conflict with this section or the Constitution and laws of the State. (f) The superintendent of the schools of Lamar County shall pay over to the board of education of the City of Barnesville that portion of the public school fund coming from the State to the County of Lamar to which the children of school age in said city would be entitled to receive upon a pro rata distribution of said fund to the children of school age in the County of Lamar, as ascertained by the last census of children of school age in the County of Lamar, and said city. Said board of education of said city shall have power and authority to contract with the proper authorities of the County of Lamar for the admission of children living outside of the city limits into the public schools of the city, and the treasurer of the board of education shall receive from the county superintendent of schools such amounts as may be provided in the contract so made. (g) That the State school fund shall be supplemented by an ad valorem tax not exceeding fifteen mills on the dollar, levied by the city council of the City of Barnesville

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as follows: The board of education shall by the first of June of each year make an estimate of the amount necessary to be raised that year for additional support of the public schools in said city, and place this estimate before the said council; and it shall be their duty when making the annual tax levy for the current expenses of the said city to levy a school tax along with other taxes upon all taxable property within the corporate limits of of the City of Barnesville. The money so arising annually from the levy and collection of the tax for public schools, or any part of the same as may annually be levied and collected shall be, when collected, paid over to the board of education of said city, or the successors of said board by whatever name called, and shall be used by said board in providing, maintaining, repairing, extending, and operating the public schools of and in said city, and for no other purposes whatever. Section 35. Be it further enacted, that the mayor and council of said city shall have power and authority to contract debts and issue bonds of said city as the valid obligations of said city, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid and existing debts, establishing, improving, and maintaining a water supply system, a system of lights and electric power, any other public service or utility system, for the erection of school buildings, hospitals, or other public buildings, for the paving or otherwise improving of city streets or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purpose. Debts, bonds. Section 35(a). Provided that said mayor and council shall have no authority to issue a license for any malt or alcoholic beverages within the city limits until they have first called an election and submitted the question to the qualified voters of the said city and a majority of the said qualified voters shall vote to legalize said sales and authorize said mayor and council to issue a license to sell the same. Liquor licenses.

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Section 36. Be it further enacted, that the enumeration of powers contained in this Act shall not be considered as restrictive; but the mayor and council of the City of Barnesville and the authorities of said city may exercise all powers, rights and jurisdictions as they might if such enumeration were not made and the mayor and 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 city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the mayor and council may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act or the laws of this State. General powers. Section 37. Be it further enacted, that all ordinances now in force in said city, except where they are in direct conflict with the provisions of this Act, shall remain of full force and effect unless and until they are repealed or superseded by other ordinances passed by the City of Barnesville created by this Act. Ordinances. Section 38. Be it further enacted, that for any reason any section, provision, clause, sentence, phrase, word, or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the provision, clause or part so held to be invalid or unconstitutional. Constitutionality. Section 39. Be it further enacted, that all Acts of the General Assembly of Georgia heretofore passed incorporating the City of Barnesville 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 and at variance with this Act are hereby expressly repealed; and all laws and parts of laws in conflict with this Act

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be and the same are hereby repealed. Section 40. Be it further enacted by the authority aforesaid, that the mayor and council may codify all ordinances and bylaws of said city, together with the charter of said city into one book, to be known as the Code of the City of Barnesville, and when the same is adopted by said mayor and council, said code shall be admitted in evidence in any of the courts of this State, upon the certificates of the city clerk certifying the same to be the Code of Ordinances and Laws of said City of Barnesville. Code. Section 41. 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. Georgia, Lamar County. Personally appeared before the undersigned, an officer by law duly authorized to administer oaths, William W. Dennis, who on oath says that he is editor and publisher of The Barnesville News Gazette, a newspaper published in Barnesville, Lamar County, Georgia; that said The Barnesville News Gazette is the newspaper in which the sheriff's advertisement in and for Lamar County, Georgia, are published; and that the attached notice, which is a true and correct copy, was published in said newspaper in the issues published on December 11th, December 18th, and December 25th, 1952. /s. William W. Dennis Sworn to and subscribed before me, this 8th day of January, 1953. /s/ Cecil C. McKoy, N. P. Notary Public (Notarial seal affixed)

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Notice of Intention to Apply for Local Legislation. Georgia, Lamar County. Notice is hereby given that the City of Barnesville intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia which sits in January, 1953, the same being an Act to amend, consolidate, create, revise and supersede the several Acts incorporating the City of Barnesville in the County of Lamar, State of Georgia, and all amendments in respect thereto; to create a new charter for said corporation; to define the territorial limits of said city; to provide a municipal government therefor; to provide for a mayor, council, and a police court; and to define their powers and duties; to provide for the punishment of violators of the ordinances, rules and regulations of said municipality; to provide for a public school system; to provide for elections of mayor and council members; to provide for the permanent registration of voters; to declare the rights and powers of said municipality; and for other purposes. This 9th day of December, 1952. L. G. Lifsey, Representative Elect of Lamar County, Georgia. Joe B. Adams, Senator Elect of 22nd District. 3T Approved February 2, 1953. ATLANTA CHARTER AMENDMENTS. No. 3 (House Bill No. 34). An Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof,

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and for 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 establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same is hereby further amended by adding thereto the following subsections: Section 1. The governing authorities of said city are authorized to grant to Forsyth Corporation the right to bridge over and tunnel under Fairlie Street, N. W. between Luckie Street, N. W. and Williams Street, N. W. upon such terms and conditions as they may determine, so long as the structure shall not interfere with requirements for public purposes or public utility purposes. Fairlie Street easement. Section 2. The office of treasurer of the City of Atlanta is hereby abolished at the expiration of the present term. The municipal revenue collector shall become ex officio treasurer of the City of Atlanta and shall assume all the duties relevant to that position except service on the pension boards. Treasurer. Section 3. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, G. E. Millican author of the attached bill, who after being duly sworn, says that the notice attached hereto has been

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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. 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, convening in January, 1953, 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 28, 1874, and the several Acts amendatory thereof, and for other purposes. This December 16, 1952. J. C. Savage, City Attorney Dec 17 24 31 tfn This 27 day of January, 1953. /s/ G. E. Millican Sworn to and subscribed before me, this 27 day of January, 1953. /s/ Janette Hirsch Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Notarial Seal Affixed) Approved February 3, 1953.

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MUSCOGEE COMMISSIONERSAMENDMENTS. No. 4 (House Bill No. 82). An Act to amend an Act approved August 26, 1872, entitled An Act to create a board of commissioners of roads and revenues in the County of Muscogee and to define its powers as published in Georgia Laws 1872, pages 451 and 452, by further amending an Act amendatory thereto approved August 2, 1923 and published in Georgia Laws 1923, pp. 228-305 by increasing the annual salary of each member of said board of commissioners of roads and revenues of Muscogee County from $1,200.00 to $2,400.00, payable in equal installments, by requiring said commissioners to convene at least once each week, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the the same that certain Act approved August 26, 1872 and entitled An Act to create a board of commissioners of roads and revenues in the County of Muscogee and to define its powers as published in Georgia Laws 1872, pp. 451 and 452, as amended by the several Acts amendatory thereto be, and it is hereby further amended as follows: Acts amended. The amendatory Act approved August 2, 1923 as published in Georgia Laws 1923, pp. 288-305 and entitled 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 24th, 1872, as amended by an Act approved February 26th, 1875, and as amended by an Act approved October 13th, 1885, so as to provide for holding of regular and called sessions; to provide that the board shall keep minutes and other books and records open for public inspection during reasonable hours; to provide for the publication of quarterly financial statements of receipts and disbursements; to provide for the eligibility of the members of the board, and to prescribe an oath and to provide for the giving of bonds by said members; to provide

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for the continuation in office of the present members of the board and the extension of their terms of office until the first of January, next, after the expiration of their terms of office under the existing laws; to provide for the election of their succssors by the qualified voters of Muscogee County and for the election by the qualified voters of Muscogee County biennially thereafter of one member of the board for a term of six years, to provide compensation for the member of said board after the first day of January, 1924; to provide for the filling of vacancies in said board, occurring from death, resignation or otherwise; to more definitely and clearly define the rights, powers and duties of the members of said board; to provide for the submission of this Act to a vote of the qualified electors of Muscogee County, for their ratification or rejection at an election to be held subsequent to the passage of this Act, under regualtions herein prescribed; to provide a method of recall of commissioners; to provide penalties; to make others and further amendments; and for other purposes, is hereby amended by striking from line 3 of Section 14 of said original Act as appears under Section 6 of said amendatory Act at p. 294, the figures $1,200.00 and substituting in lieu thereof the figures $2,400.00, so that when amended, said section shall read as follows: Sec. 14. On and after the first day of January, 1924, each member of the said board, except as hereinafter provided, shall receive a salary of $2,400.00 per annum, payable on the first day of each month in equal monthly installments, and shall give bond for the faithful discharge of his or her duties in the sum of $5,000.00 with some bonding company doing business in the State of Georgia as surety thereof, payable to the County of Muscogee, conditioned for the faithful discharge of the duties of the office. The premiums on such bond shall be paid by the county, and such bond and the security thereon shall be first approved by the ordinary as the bonds of other county officers, and then filed and recorded by the ordinary as the bonds of other county officers. Compensation, bond.

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Section 2. This Act shall become effective January 1, 1954, and each member of said Board of Commissioners of Roads and Revenues of Muscogee shall receive for his services said increased annual salary in lieu of the present salary, which increased salary shll be payable in equal monthly installments of $200.00 each. Effective date. Section 3. The board of commissioners of roads and revenues shall convene for the purpose of conducting business at least once each week during each calendar year. Meetings. Section 4. If any part or parts of this Act shall be held invalid, the remainder of such Act shall remain of full force and effect as if such invalid part of said Act had not been included therein. Section 5. Be it further enacted by the authority aforesaid that the General Assembly advises 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 7, Paragraph 15, 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 6. Be it further enacted by the authority aforesaid that all Acts or parts of Acts in conflict herewith are hereby repealed. Georgia, Muscogee County. Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 12, 1953, for the passage of a local bill to amend an Act approved August 24, 1872, creating the Board of Commissioners of Roads and Revenues of Muscogee County and its several amendatory Acts by increasing the salary of each of the members of the Board of Commissioners of Roads and Revenues of Muscogee

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County, Georgia, from $1200.00 per annum to $2400.00 per annum, payable in equal monthly installments on the first day of each month beginning on the first day of the first month immediately following the approval of said Act, and for other purposes. This 24 day of December, 1952. /s/ J. Alvan Davis J. Alvan Davis, County Attorney, Muscogee County. Georgia, Muscogee County. Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 12, 1953, for the passage of a local bill to amend an Act approved August 24, 1872, creating the Board of Commissioners of Roads and Revenues of Muscogee County and its several amendatory Acts by increasing the salary of each of the members of the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, from $1200.00 per annum to $2400.00 per annum, payable in equal monthly installments on the first day of each month beginning on the first day of the first month immediately following the approval of said Act, and for other purposes. This 24 day of December, 1952. /s/ J. Alvan Davis J. Alvan Davis, County Attorney, Muscogee County. 12-26. 1-2, 9, 16. Georgia, Muscogee County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R.

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Ashworth, who, being duly sworn, says on oath that the above copy of notice of intention to apply for the passage of a local bill amending the Act approved August 24, 1872 creating the Board of Commissioners of Roads and Revenues of Muscogee County and its several amendatory Acts by increasing the salary of each member of said board from $1,200.00 to $2,400.00 per annum, payable in equal monthly installments on the first day of each month beginning on the first day of the first month immediately following the approval of said Act, and for other purposes has been published, as provided by law in the Columbus Ledger once a week for three weeks, to wit: December 27, 1952, January 2, 1953 and January 9, 1953; the same being during a sixty day period immediately preceding introduction of said bill in the General Assembly of Georgia. Deponent further avers that he is publisher of said newspaper and that same is the newspaper in which sheriff's advertisements for the locality affected are published. /s/ M. R. Ashworth M. R. Ashworth Sworn to and subscribed before me, this 10th day of January, 1953. /s/ Eugenia B. Watson Notary Public, Muscogee County, Georgia. (Seal) Approved February 3, 1953. ECHOLS COMMISSIONERSAMENDMENTS. No. 5 (House Bill No. 87). An Act to amend, revise, supersede and consolidate the laws creating and governing the Commissioners of Roads and Revenues of Echols County as found in an

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Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols, to define their duties, and for other purposes, approved December 9, 1893 (Ga. Laws 1893, p. 360), as amended, particularly as amended by an Act approved March 10, 1933 (Ga. Laws 1933, p. 529), and by an Act approved March 15, 1935 (Ga. Laws 1935, p. 646), and by Acts approved March 30, 1937, and March 24, 1937 (Ga. Laws 1937, pp. 1320 through 1322), and by an Act approved February 22, 1943 (Ga. Laws 1943, p. 956), and by Acts approved February 2, 1945 (Ga. Laws 1945, p. 545 and p. 551), and by an Act approved February 27, 1947 (Ga. Laws 1947, p. 227), and by an Act approved February 15, 1950 (Ga. Laws 1950, p. 2490), and by an Act approved February 12, 1951 (Ga. Laws 1951, p. 2341), and all other Acts amendatory thereto; to provide for a board of commissioners of roads and revenues; to provide for the elections, qualifications, powers, duties, responsibilities and compensation of said commissioners and their employees; to provide for the appointment of certain employees; to provide for bonds and oaths of office; to provide for time of meetings; to provide for road districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols, to define their duties, and for other purposes, approved December 9, 1893 (Ga. Laws 1893, p. 360), as amended, particularly as amended by an Act approved March 10, 1933 (Ga. Laws 1933, p. 529), and by an Act approved March 15, 1935 (Ga. Laws 1935, p. 646), and by Acts approved March 30, 1937 and March 24, 1937 (Ga. Laws 1937, pp. 1320 through 1322), and by an Act approved February 22, 1943 (Ga. Laws 1943, p. 956), and by Acts approved February 2, 1945 (Ga. Laws 1945, p. 545 and p. 551), and by an Act approved February 27, 1947 (Ga. Laws 1947, p. 227), and by Act

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approved February 15, 1950, (Ga. Laws 1950, p. 2490), and by an Act approved February 12, 1951 (Ga. Laws 1951, p. 2341), and all other Acts amendatory thereto, is hereby amended, revised, superseded and consolidated as herein set out in the following section. Acts amended. Section 2. From and after the passage of this Act and its approval by the Governor there shall be established in the County of Echols, State of Georgia, a board of commissioners of roads and revenues to consist of three persons to be elected by the voters of Echols County and commissioned by the Governor. Each road district as herein set out shall be represented on said board of commissioners. Each of said members of the board of commissioners shall be a resident of the road district represented by him, and shall be responsible to the board for all matters affecting his road district of which the board has jurisdiction, either in the general law or in this Act. Said commissioners shall hold office for terms of two years from January 1, 1953, and until their respective successors have been elected and qualified. Thereafter the election of said commissioners shall be at the regular time of holding elections for members of the legislature. The terms of office of said commissioners shall be for two years and until their respective successors have been elected and qualified. They shall be nominated and elected each by the voters of the entire county, the candidate in the road district receiving the plurality of votes in the county shall be declared elected. Commissioners, election, terms, etc. Section 3. Before entering upon the duties of the office each of said commissioners shall give bond of five thousand dollars ($5,000.00), payable to the Governor, constituting an obligation of each of said commissioners, conditioned upon the faithful performance of their duties as required by law, the same as other county officers, which bond shall be executed by some bonding company authorized to do business in Georgia. The ordinary of said county shall administer the oaths of office to said commissioners, but shall not administer the oaths of office nor deliver the commissions to any of said commissioners until said bond has been executed and filed with the ordinary

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as other bonds of county officers. The premium on said bonds shall be paid out of the funds belonging to the county. Bond, oath. Section 4. Said board of commissioner shall have exclusive jurisdiction, when sitting for county purposes, in governing and controlling all county property in accordance with law; to levy taxes, licenses, and other levies, except those specially delegated to other officers by law; to establish, alter and abolish all county roads, bridges; to examine, allow and settle all claims against the county; to cause to be examined and audited the accounts of all the officers of the county not otherwise provided by law; to receive and pay out all fines and forfeitures, and to require, under penalty of having their office declared vacated, a complete and regular accounting of all funds coming into the hands of the sheriff, clerk of the superior court, the county court, judge and clerk, and other officers or persons receiving public funds and forfeitures, and all other funds belonging to the county, or funds in which the county has an interest, except school funds, at such time or times as they shall deem needful; and shall have authority to make all rules and regulations needful and necessary in carrying out all their duties. Duties. Section 5. Said commissioners shall pay themselves a monthly stated amount, which shall not exceed the sum of fifty dollars ($50.00) per month to each, and which shall be in lieu of all salary or other compensation for their respective services. They shall pay to themselves their actual expenses incurred in performing their duties that require their presence outside the County of Echols, but not otherwise. Compensation. Section 6. Said commissioners shall meet on the first Monday of each month, and at such other times as they shall, by majority vote, designate, or when called by the chairman. They shall elect from among their number a chairman, and a vice-chairman, who shall have such power and authority, in accordance with this Act, as they shall by majority vote designate. Chairman.

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Section 7. Said commissioners shall elect a clerk biannually, who shall be paid fifty dollars ($50.00) per month. Such clerk shall keep all the minutes and other records of said commissioners, and shall record in the minutes all action taken by said commissioners. Matters not entered in said minutes shall not be binding on said commissioners nor on other persons. Said clerk shall be a resident of Echols County for more than two years prior to his election. Clerk. Section 8. Said commissioners may, on the first of each year, elect a county attorney, whose duty it shall be to counsel with said commissioners on all legal matters. County officers of Echols County, who are attorneys at law, shall be eligible to hold the office of county attorney and the commissioners of roads and revenues are hereby authorized to name one of such county officers as county attorney. He shall be paid a monthly sum for his service an amount agreed upon by said commissioners but which shall not be more than fifty dollars ($50.00) per month. Before any person can serve as county attorney, such person must be a resident of Echols County and have been licensed and have practiced law for five years. County attorney. Section 9. Said commissioners shall appoint a superintendent of county roads each year for Echols County. Before any person can serve as superintendent of county roads, such person must be an experienced road builder, but need not be an engineer, who has served as foreman of any road building or repair project for three years or more, and shall be a resident of Echols County and not over fifty years of age. The superintendent so appointed shall have such duties as given by the commissioners. However, the commissioners alone shall have the power to hire persons working under said superintendent of county roads. Superintendent of roads. Section 10. Said commissioners shall maintain a county depository in which all money receipts shall be deposited, and from which all withdrawals shall be made by numbered checks. The clerk shall keep a complete and accurate record of all county funds in such manner

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as said commissioners shall provide, and which shall be simple and easy to understand and keep, but full and complete. No withdrawals from said depository shall be made unless by check approved by a majority of said commissioners, and signed by their chairman and clerk, in their presence, and entered in their minutes. Funds. Section 11. The present commissioners of said county shall serve until the expiration of the terms for which elected, and until their successors are elected and qualified. Incumbents. Section 12. All the books and records of said commissioners shall be open to inspection by the grand jury and the public at large at all reasonable times. Itemized statements of all receipts and disbursements each month shall be posted in a prominent place in the courthouse not later than the tenth of the following month, and shall be in lieu of all publications thereof by other means. Records, reports. Section 13. The County of Echols is hereby divided into three road 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 designated and described as follows: Road districts. (a) The Statenville-Mayday road 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 milita district. (b) The Enterprise-Haylow road 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

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and south to the southern boundary of said militia district. (c) The Howell-Chappell road district shall consist of the 904th and 1211th Militia Districts of said county. Section 14. Every candidate for the office of member of said board of commissioners 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 road district which he seeks to represent in accordance with the terms of this Act. No person shall be deemed to be qualified to hold said office unless he is a bona fide resident of the road 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 months prior to the election. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia a local bill amending an Act approved December 9, 1893 (Ga. Laws 1893, p. 360), which created the Commissioners of Roads and Revenues of Echols County, and amending and consolidating all Acts amendatory and supplementary thereto; to provide for the election and qualification of commissioners of roads and revenues; to provide for militia districts; to provide for road districts; to provide for the appointment and qualification of the county attorney; and for other purposes.

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This 6th day of December, 1952. Charles E. Stewart, Representative, Echols County. Dec. 6, 20, Jan. 1. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Stewart, who, on oath, deposes and says that he is Representative from Echols County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of Echols County, on the following dates: December 6, 1952, December 20, 1952, and January 1, 1953. /s/ Chas. E. Stewart Representative, Echols County Sworn to and subscribed before me this 14 day of January, 1953. /s/ Mary J. Doster Notary Public, Baldwin County, Georgia. Approved February 3, 1953. MUSCOGEE BOARD OF HEALTHAMENDMENTS. No. 6 (House Bill No. 84). An Act to amend an Act approved March 27, 1941 (Ga. Laws 1941, pp. 937-947), and entitled An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health', to be administered by a governing body to be known as `County Board of Health,' whose jurisdiction

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shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a commissioner of health, and assistant personnel and for other purposes; as amended by an Act approved February 17, 1947 as published in Georgia Laws 1947, pp. 11-13 by reducing from five to four the number of members required to constitute a quorum for the transaction of business by the County Board of Health of Muscogee County and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act approved March 27, 1941 (Ga. Laws 1941, pp. 937-947), and entitled An Act to Combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health', to be administered by a governing body to be known as `County Board of Health', whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a commissioner of health, and assistant personnel and for other purposes; as amended by an Act approved February 17, 1947 as published in Georgia Laws 1947, pp. 11-13, be and it is hereby further amended by striking from line 10 of Section 9 of said original Act the word five and inserting in lieu thereof the word four so that said Section 9, when amended will read as follows: Acts amended. Section 9. The county board of health shall meet monthly on a date to be fixed by the board. The secretary shall prepare and preserve minutes of all meetings of the board, whether regular or called. At least one meeting shall be held in each calendar month and special or called meeting may be had at any time upon the call of the chairman of the county board of health, upon the call of the commissioner of health or upon a call of the majority of the members of the county board of health. A quorum for the transaction of business shall exist when four members of the county board of health are present. Copies of all minutes of all meetings of the county board

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of health shall be filed in the office of the secretary of the county board of health, in the office of the City Manager of the City of Columbus, and in the office of the clerk of the Board of Commissioners of Roads and Revenues of Muscogee County. The members of the county board of health, as such, shall receive no salary and shall serve without compensation. Meetings, quorum, etc. Section 2. Be it further enacted by the authority aforesaid that all Acts or parts of Acts in conflict herewith are hereby repealed. Section 3. There is attached hereto and made a part of this Act a copy of a notice to apply for its enactment, properly certified by the publisher of the Columbus Ledger, which is the newspaper in which sheriff's advertisements for Muscogee County are published, as required by Chapter 47-8 of the Code of Georgia of 1933, as amended. Georgia, Muscogee County. Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, which convenes January 12, 1953, for the passage of a local bill to reduce from five to four the number of members required to constitute a quorum for the transaction of business by the County Board of Health of Muscogee County, as set forth in the following caption, to wit: An Act to amend an Act approved March 27, 1941 (Ga. Laws 1941, pp. 937-947), and entitled `An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health', to be administered by a governing body to be known as `County Board of Health', whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a commissioner of health, and assistant personnel; as amended by an Act approved February 17, 1947 (Ga. Laws 1947,

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pp. 11-13) by reducing from five to four the number of members required to constitute a quorum for the transaction of business by the County Board of Health of Muscogee County and for other purposes. This 24 day of December, 1952. /s/ J. Alvan Davis J. Alvan Davis, Muscogee County Attorney. Georgia, Muscogee County. Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, which convenes January 12, 1953, for the passage of a local bill to reduce from five to four the number of members required to constitute a quorum for the transaction of business by the County Board of Health of Muscogee County, as set forth in the following caption, to wit: An Act to amend an Act approved March 27, 1941 (Ga. Laws 1941, pp. 937-947), and entitled `An Act to combine the Department of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health', whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a commissioner of health, and assistant personnel; as amended by an Act approved February 17, 1947 (Ga. Laws 1947, pp. 11-13) by reducing from five to four the number of members required to constitute a quorum for the transaction of business by the County Board of Health of Muscogee County and for other purposes. This 24 Day of December, 1952. /s/ J. Alvan Davis J. Alvan Davis, Muscogee County Attorney.

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12-26. 1-2, 9, 16. Georgia, Muscogee County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, says on oath that the above copy of notice of intention to apply for the passage of a local bill reducing from five to four the number of members required to constitue a quorum for the transaction of business by the County Board of Health of Muscogee County and for other purposes has been published, as provided by law in the Columbus Ledger once a week for three weeks, to wit: December 27, 1952, January 2, 1953 and January 9, 1953; the same being during a sixty day period immediately preceding introduction of said bill in the General Assembly of Georgia. Deponent further avers that he is publisher of said newspaper and that same is the newspaper in which sheriff's advertisements for the locality affected are published. /s/ M. R. Ashworth M. R. Ashworth Sworn to and subscribed before me, this 10th day of January, 1953. /s/ Eugenia B. Watson Notary Public, Muscogee County, Georgia. (Notarial Seal Affixed) Approved February 3, 1953. BRUNSWICK CITY COURTJUDGE'S SALARY. No. 11 (House Bill No. 29). An Act to amend an Act approved March 9, 1943, creating a new City Court of Brunswick (as the same is presently

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amended), so as to increase the salary of the judge of said court; and for other purposes. Be it enacted by the General Assembly of Georgia, and it hereby is enacted by authority of the same. Section 1. Section 4 of the Act creating the City Court of Brunswick, approved March 9, 1943, as presently amended, is further amended by striking in its entirety from said Act as amended the following language: Effective as of Jan. 1, 1949, the judge of said court shall receive a salary in the amount of $7,500.00 per annum, which shall not be diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Glynn at the rate of $7,500.00 per annum, and inserting in lieu thereof the following: Effective as of Jan. 1, 1953, the judge of said court shall receive a salary in the amount of $10,000 per annum, which shall not be diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of Glynn County at the said rate. Salary. Section 2. All laws and part of laws in conflict herewith are hereby repealed. State of Georgia, County of Glynn. I, C. H. Leavy, Jr., hereby certify that I am the editor of The Brunswick News, a newspaper published in the City of Brunswick, in Glynn County, Georgia, and being the newspaper in which the sheriff's advertisements for Glynn County, Georgia, are published, and I further certify that a true copy of the Notice of Intention to Seek Local Legislation hereto attached as Exhibit A was published in the said newspaper in its issues of December 26, 1952, January 2, 1953, and January 9, 1953.

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This January 10, 1953. /s/ C. H. Leavy, Jr. Editor of The Brunswick News Notice of Intention to Seek Local Legislation. Notice is hereby given that at the next session of the General Assembly of Georgia, which convenes on January 12, 1953, there will be introduced for passage a local bill to be entitled An Act to amend An Act approved March 9, 1943, creating a new City Court of Brunswick (as the same is presently amended), so as to increase the salary of the judge of said court; and for other purposes. This December 22, 1952. Charles L. Gowen, B. N. Nightingale, Representatives. 12-26, 1-2, 9. Approved February 3, 1953. BOARD OF PUBLIC EDUCATION AND ORPHANAGE FOR BIBB COUNTYLAND CONVEYANCE. No. 12 (House Bill No. 2). An Act to grant to the Board of Public Education and Orphanage for Bibb County, its successors and assigns, certain property in the City of Macon; to describe said property; to provide for the uses of said property; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. There is hereby granted and conveyed to

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the Board of Public Education and Orphanage for Bibb County, a corporation created by the General Assembly of Georgia, its successors and assigns, all that tract or parcel of land lying and being in the City of Macon, County of Bibb and State of Georgia, and known as Lots 1, 2, 7 and 8, all in Block 9 of the Northwest Commons of said city of Macon. Without limiting or restricting the description aforesaid, it is the intention of this Act to grant and convey to said Board of Public Education and Orphanage for Bibb County the property belonging to the State of Georgia upon which said State has heretofore operated an Academy for the Negro Blind, together with all appurtenances thereunto belonging. The property shall be used by the Board of Public Education and Orphanage for Bibb County, its successors and assigns, for educational purposes, including library purposes; and the said Board of Public Education and Orphanage for Bibb County shall have the right, power and authority to lease, or otherwise convey, under such terms and conditions as said board deems meet and proper, such portion of said property and appurtenances as said board desires, to any public corporation, created heretofore or hereafter by the General Assembly of the State of Georgia for the purpose of such public corporation operating and maintaining a public library thereon and therefrom; provided, however, that if any portion of said property herein granted and conveyed shall cease to be used exclusively for the purposes herein mentioned, such portion used otherwise than as herein set out shall forthwith revert to the State of Georgia. Land Conveyance. 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 3, 1953.

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TOOMBS COMMISSIONER. No. 15 (Senate Bill No. 36). An Act to amend an Act creating the office of Commissioner of Roads and Revenues for Toombs County, approved March 10, 1933 (Ga. Laws 1933, p. 687), as amended particularly by an Act approved February 2, 1949 (Ga. Laws 1949, p. 97), so as to provide for an expense allowance for the commissioner; to provide for a clerk at a salary not to exceed one hundred fifty ($150.00) dollars per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the office of Commissioner of Roads and Revenues for Toombs County, approved March 10, 1933 (Ga. Laws 1933, p. 687), as amended particularly by an Act approved February 2, 1949 (Ga. Laws 1949, p. 97), is hereby amended by striking Section 7, as amended, in its entirety, which section relates to the compensation of the commissioner, and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Be it further enacted by the authority aforesaid that said commissioner shall devote his entire time to the business and interest of said County of Toombs in the performance and discharge of his duties. He shall be compensated in the amount of thirty-six hundred dollars ($3600.00) per annum, to be paid in equal monthly installments, and shall receive the sum of one hundred fifty dollars ($150.00) per month to cover expenses incurred by him for traveling in said county, for owning or operating, either or both, an automobile in the discharge of his duties, and the cost of fuel and upkeep thereof. Commissioner; compensation and expenses. Section 2. Said Act, as amended, is further amended by striking the figure $100.00 from Section 19, and inserting in lieu thereof the figure $150.00, so that said

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section, when so amended, shall read as follows: Section 19. That said commissioner shall have authority to employ a competent clerk at a salary not to exceed $150.00 per month, and as authorized in his discretion may require a bond, and shall prescribe the duty of such clerk, and may, with or without cause, discharge such clerk at any time. Clerk. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 4, 1953. BUTTS COMMISSIONERS. No. 16 (House Bill No. 122). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Butts County, approved February 24, 1941 (Ga. Laws 1941, p. 793), as amended by an Act approved February 22, 1943 (Ga. Laws 1943, p. 841), and an Act approved February 1, 1946 (Ga. Laws 1946, p. 239), so as to provide that a majority of the board shall constitute a quorum; to change the compensation of the commissioners and the clerk; to provide that the person receiving the highest vote shall be the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Butts County, approved February 24, 1941 (Ga. Laws 1941, p. 793), as amended by an Act approved February 22, 1943 (Ga. Laws 1943, p. 841) and an Act approved February 1, 1946 (Ga. Laws

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1946, p. 239), is hereby amended by striking from Section 4 the words The commissioners shall organize by electing one of their members chairman, and substituting in lieu thereof the words The person receiving the highest number of votes in the election for members of the board shall be the chairman, so that when so amended Section 4 will read as follows: Section 4. Said commissioners elected in the election first above provided for shall meet at the courthouse in the county and shall take the oath prescribed by law before the ordinary and shall each give bond in some surety company authorized to do business in this State to be approved by the ordinary in the amount of five thousand ($5,000) dollars, conditioned upon the full and faithful performance of their duties and the strict accounting of all bonds of the county which may come into their hands. The person receiving the highest number of votes in the election for members of the board shall be the chairman, whose duty it shall be to preside at all meetings and sign all orders of the commissioners. The chairman shall have the right to vote on all questions before the board, and shall also have the right to make motions and perform all duties imposed under this Act upon said commissioners. Chairman. Section 2. Said Act as amended is further amended by striking from Section 5 the words and figure nine hundred ($900) dollars and substituting in lieu thereof the words and figure fifteen hundred ($1500) dollars, so that when so amended Section 5 shall read as follows: Section 5. The commissioners shall elect a clerk for said board, whose duty it shall be to keep in a well bound book a complete record of the minutes, acts and doings of said board, and said book or record shall be open to the inspection of any citizen or citizens of said county at all times. The clerk shall perform such other duties as said board may require of him and shall hold office at the pleasure of the board. He shall receive a salary to be fixed by the board, not to exceed fifteen hundred ($1500) dollars per annum, payable in monthly installments

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as compensation for his services. The board may elect as clerk, the ordinary of said county or the treasurer of said county. Clerk. Section 3. Said Act as amended is further amended by striking from Section 6 the words, Each commissioner shall receive as compensation for his services a sum not to exceed three hundred ($300) dollars per annum, and substituting in lieu thereof the words, The chairman shall be compensated in the amount of nine hundred ($900) dollars per annum, and each of the other two members of the board shall be compensated in the amount of six hundred ($600) dollars per annum, so that when so amended Section 6 shall read as follows: Section 6. The chairman shall be compensated in the amount of nine hundred ($900) dollars per annum, and each of the other two members of the board shall be compensated in the amount of six hundred ($600) dollars per annum. The commissioners may, by a resolution, allow themselves as a group an additional sum of twenty-five ($25) dollars per month for traveling expenses incurred in attending to the business of the county, or of the board. Compensation and expenses. Section 4. Said Act as amended is further amended by striking in its entirety Section 9, relating to a quorum for the transaction of business, and substituting in lieu thereof a new Section 9 to read as follows: Section 9. A majority of said board shall constitute a quorum for the transaction of any business that may come before said board, except it shall require the unanimous consent of the board to issue any license for intoxicating beverages. Quorum; liquor licenses. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Butts County. Personally appeared before the undersigned, an officer

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authorized to administer oaths, J. D. Jones, who deposes and says he is the editor of The Jackson Progress-Argus, the official newspaper in and for said county, and that the notice of local legislation relating to a change in the Act creating a board of commissioners of roads and revenues for Butts County was published in said newspaper in its issues of December 4, 11, 18 and 25, 1952. /s/ J. D. Jones J. D. Jones, Editor Jackson Progress-Argus. Sworn to and subscribed before me this 14th day of January, 1953. /s/ J. Hall Turner, J. P. (Justice of Peace Seal Affixed) Notice of Intention to Introduce Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia a bill to provide that the person receiving the highest vote at the election shall be Chairman of the Board of Commissioners of Roads and Revenues of Butts County; to provide for a majority quorum; to provide for a change in the compensation of the members of the board and the clerk; and for other purposes. This 2nd Day of December, 1952. B. H. Hodges, Representative-Elect, Butts County Approved February 4, 1953. FLOYD COMMISSIONERS. No. 17 (House Bill No. 149). An Act to amend an Act entitled Act to fix the compensation

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of and for members of the Board of Roads and Revenues of Floyd County, Georgia, to restrict and limit their expense account, to prohibit nepotism in the affairs of the county, to prohibit certain officers and officials of said county from trading with the county; to fix penalties and punishment for violations of the terms of this Act to repeal conflicting Acts; and for other purposes, approved August 18, 1931; by striking from line 6 of Section 1 thereof the figures and symbol $30.00 and substituting in lieu thereof the figures and symbol $75.00; by striking from line 7 of Section 1 thereof the figures and symbol $10.00 and substituting in lieu thereof the figures and symbol $50.00; by striking from line 7 of Section 1 thereof the period following the word month and substituting in lieu thereof a comma followed by the words, figures and symbols and in addition thereto the vice-chairman of said board shall be entitled to $25.00 per month; to repeal conflicting laws and parts of laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act to fix the compensation of and for members of the Board of Roads and Revenues of Floyd County, Georgia, to restrict and limit their expenses account, to prohibit nepotism in the affairs of the county, to prohibit certain officers and officials of said county from trading with the county; to fix penalties and punishment for violations of the terms of this Act to repeal conflicting Acts; and for other purposes, approved August 18, 1931, be and the same is hereby amended by striking from Line 6 of Section 1 thereof the figures and symbol $30.00 and substituting in lieu thereof the figures and symbol $75.00; by striking from Line 7 of Section 1 thereof the figures and symbol $10.00 and substituting in lieu thereof the figures and symbol $50.00; by striking from Line 7 of Section 1 thereof the period following the word month and substituting in lieu thereof a comma followed by the words, figures and symbols and in addition thereto the Vice-Chairman

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of said Board shall be entitled to $25.00 per month. Act of 1931 amended. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 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, 1953, amending the Act to fix the compensation of and for members of the Board of Roads and Revenue of Floyd County, Georgia, and for other purposes, approved on the 18th day of August, 1931 (Ga. Laws 1931, p. 467 et seq.), and all Acts amendatory thereto. /s/ Tom Clemmons As Senator of 42nd. Senatorial District of Georgia. /s/ M. G. Hicks /s/ J. Battle Hall /s/ Robert L. Scoggin As Representatives of Floyd County, Georgia. Georgia, Floyd County. Personally appeared before the undersigned authority, Robert L. Scoggin, who, being duly sworn, says on oath that he is a duly elected, qualified and acting Representative of Floyd County in the General Assembly of the State of Georgia; that he is the author of the above and foregoing bill; and that the above and foregoing notice of intention to apply for the passage of such bill has been published as provided by law. /s/ Robert L. Scoggin Sworn to and subscribed before me, this 19th day of January, 1953. /s/ Janette Hirsch
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Notary Public, Fulton County, Georgia (SEALED) My commission expires Oct. 7, 1956. Approved February 4, 1953. WARREN COMMISSIONER. No. 18 (House Bill No. 146). An Act to amend the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925 (Ga. Laws 1925, pp. 789 to 797 inclusive), as amended by an Act of the General Assembly approved February 3, 1949 (Ga. Laws 1949, pp. 130, 131, and 132) by striking from Section 5 thereof the figures $2400.00 and inserting in lieu thereof the figures $2760.00, and by striking from said Section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $750.00 and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925 (Ga. Laws 1925, pp. 789 to 797 inclusive) as amended by an Act of the General Assembly approved February 3, 1949 (Ga. Laws 1949, pp. 130, 131, and 132) be and the same is hereby amended by striking from Section 5 thereof the figures $2400.00 and inserting in lieu thereof the figures $2760.00, and by striking from said Section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $750.00, so that said Section 5 when so amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid that the annual salary of said commissioner shall be $2760.00, to be paid monthly by warrants on the county treasurer and signed as other warrants, and he shall also be allowed the sum of $750.00 as expense

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account for automobile, gasoline, oil, etc., to be paid similarly, and he is authorized to pay a clerk out of the county funds a sum not exceeding $750.00 a year, to be paid monthly by warrants on the county treasurer drawn and signed as other warrants are drawn and signed. Compensation and expenses. 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. Affidavit of the legal advertisement of this local Act is attached hereto and made a part of this Act and reference is made to said affidavit. Georgia, Warren County. Personally appeared before the undersigned attesting officer, authorized under the laws of Georgia to administer oaths, Alva L. Haywood, who, after being duly sworn, on oath, says: That he is the editor and owner of the Warrenton Clipper, a newspaper published in Warrenton, Warren County, Georgia, and that said newspaper is the official newspaper of said county and is the newspaper in which sheriff's advertisements are made. That the following notice was published in the Dec. 19, 1952, Dec. 26, 1952, and Jan. 2, 1953, issues of said newspaper: Notice. Notice of intention to have a bill with local application introduced at the next regular session of the General Assembly of Georgia: Notice is hereby given that application will be made at the next regular session of the General Assembly of Georgia, commencing on the second Monday in January, 1953, for the passage of a bill captioned as follows: An Act to amend the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925 (Ga. Laws 1925, pp. 789 to 797

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inclusive), as amended by an Act of the General Assembly approved February 3, 1949 (Ga. Laws 1949, pp. 130, 131, and 132) by striking from Section 5 thereof the figures $2400.00 and inserting in lieu thereof the figures $2760.00, and by striking from said Section 5 thereof the figures $600.00 and inserting in lieu thereof the figures $750.00. This bill, if passed, will increase the yearly salary of the commissioner from $2400.00 to $2760.00, and his yearly allowance for traveling expenses, for the county, from $600.00 to $750.00. This the 17th day of December, 1952. John F. Ricketson, Dec. 19, 26, Jan. 2. /s/ Alva L. Haywood Alva L. Haywood Sworn to and subscribed before me, this the 17th day of January, 1953. /s/ Joel H. Terrell N. P. Warren County, Georgia. Notarial Seal Affixed. Approved February 4, 1953. FLOYD COMMISSIONERS. No. 19 (House Bill No. 148). An Act to amend an Act entitled An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved on the 13th of December, 1871, so far as relates to the county of Floyd, approved October 3, 1885, by striking from

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lines 2 and 3 of Section IV thereof the words and comma not exceeding seventy-five dollars per month; to repeal all laws and parts of laws in conflict with this Act and said Act approved October 3, 1885, as amended; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that An Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved on the 13th of December, 1871, so far as relates to the county of Floyd, approved October 3, 1885, be and the same is hereby amended by striking from lines 2 and 3 of Section IV thereof the words and comma not exceeding seventy-five dollars per month. Sec. 4, Act of 1885 amended. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act and said Act approved October 3, 1885, as amended, are hereby repealed. 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, 1953, amending the Act to amend the Act creating a Board of Roads and Revenue in the County of Floyd, among others, approved on the 13th day of October, 1871, so far as relates to the county of Floyd, which amendment was approved on the 3rd day of October, 1885 (Ga. Laws 1884-5, p. 431 et seq.), and all Acts amendatory thereto. /s/ Tom Clemmons As Senator of 42nd. Senatorial District of Georgia. /s/ M. G. Hicks /s/ J. Battle Hall /s/ Robert L. Scoggin As Representatives of Floyd County, Georgia.

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Georgia, Floyd County. Personally appeared before the undersigned authority, Robert L. Scoggin, who, being duly sworn, says on oath that he is a duly elected, qualified and acting Representative of Floyd County in the General Assembly of the State of Georgia; that he is the author of the above and foregoing bill; and that the above and foregoing notice of intention to apply for the passage of such bill has been published as provided by law. /s/ Robert L. Scoggin Sworn to and subscribed before me, this 19th day of January, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia (SEALED) My commission expires Oct. 7, 1956. Approved February 4, 1953. WARRENTON CHARTER AMENDMENT. No. 20 (House Bill No. 144). An Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton, and for other purposes, approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, by changing the figure one thousand yards to one thousand feet as used therein, to correct the number of the State highway from Highway Number Ten to Highway Number Twelve, and to change the limits of the right of way from the center line of the railroad to the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway: and for other purposes. Section 1. Be it and it is hereby enacted by the General

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Assembly of the State of Georgia, that the amendment to the charter of the City of Warrenton as passed and signed on February 25, 1949, (Ga. Laws 1949, p. 1291) be and the same is hereby amended by changing the distance along right of way of the Macon branch of the Georgia Railroad from one thousand yards, to one thousand feet, and by changing the center line of the Macon branch of the Georgia Railroad to the southern edge of the right of way of the Macon branch of the Georgia Railroad; and by changing the center line of State Highway Number Ten to the eastern limits of the right of way of the State Highway Number Twelve; so that Section 1. of the Act approved February 25, 1949, (Ga. Laws 1949, p. 1291) as amended shall read as follows: Act of 1949 amended. Section 1. That from and after the passage of this Act the territorial limits are hereby extended so as to include all area embraced in the following tract of land, to wit: to get the beginning point of said new area start at present place where the city limits of the City of Warrenton crosses the southern edge of the right of way of the Macon branch of the Georgia Railroad west of Warrenton and go westerly along said right of way of the Macon branch of the Georgia Railroad a distance of one thousand feet, thence in a northerly direction, in a curved line of the same arc as the present city limits to the eastern edge of the right of way of State Highway Number Twelve, thence in a southerly direction, down the eastern edge of the right of way of said Highway Number Twelve to the present limits of the City of Warrenton, thence follow the present city limits to the beginning point. Limits. 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.

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State of Georgia, County of Warren. Personally appeared before the undersigned attesting officer, Alva L. Haywood, who after being duly sworn, on oath deposes and says that he is the owner and publisher of the Warrenton Clipper, the official news organ of, and published in, Warren County, Georgia; that the Notice of Intention to Apply for the Passage of a Local Bill, a copy whereof as printed is hereto attached, was duly published in the said newspaper on the: 21st day of November, 1952, 28th day of November, 1952, 5th day of December, 1952, 2nd day of January, 1953, and 9th day of January, 1953. /s/ Alva L. Haywood Alva L. Haywood Sworn to and subscribed before me, this 17 day of January, 1953. /s/ C. L. Pilcher Notary Public. Notice of Intention to Apply for Local Legislation. Georgia, Warren County. Notice is hereby given by the Mayor and Council of the City of Warrenton, Georgia, that the City of Warrenton, Ga., intends to apply for the passage of local legislation at the next session of the General Assembly of the State of Georgia, which convenes on January 12, 1953, by applying for the passage of the following Act: An Act to be entitled an Act to amend an Act to create and incorporate the City of Warrenton in lieu of the Town of Warrenton, and for other purposes, approved July 30, 1908, as amended February 25, 1949, to correct the inaccuracies in the amendment of February 25, 1949, by changing the figure One thousand yards to One thousand feet as used therein, to correct the number of the State Highway from Highway Number Ten to Highway Number Twelve, and to change the limits of the right of way from the center line of the railroad to

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the southern line of the railroad, and from the center line of the highway to the eastern limits of the State highway; and for other purposes. This the 3rd day of November, 1952. James F. Clary, Mayor, City of Warrenton, Ga. Dewey Jackson, Clerk, City of Warrenton, Ga. Nov. 21, 28, Dec. 5, Jan. 2, 9. Approved February 4, 1953. WARRENTON CHARTER AMENDMENT. No. 21 (House Bill No. 145). An Act to authorize the City of Warrenton, Georgia, acting by and through the mayor and clerk thereof, to pay a pension in an amount of $100.00 per month to any police officer who has served as a police officer in and for the City of Warrenton, Georgia, for as much as thirty years, and is disabled; and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia: Section 1. That from and after the passage of this Act the Mayor and Clerk of the City of Warrenton, Georgia, shall be authorized and directed to pay one hundred ($100.00) dollars per month to any person who has served as much as thirty years as a police officer in and for the City of Warrenton, Georgia, and who has become disabled and has retired, either voluntarily or involuntarily. Police pension. Section 2. This pension or sum shall be paid in addition to any other pension, retirement, or annuity benefit

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that such police officer, retired, shall receive, or be entitled. Section 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia, County of Warren. Personally appeared before the undersigned attesting officer Alva L. Haywood, who after being duly sworn, on oath deposes and says that he is the owner and publisher of the Warrenton Clipper, the official news organ of, and published in, Warren County, Georgia; that the Notice of Intention to Apply for the Passage of a Local Bill, a copy whereof as printed is hereto attached, was duly published in the said newspaper on the: 21st day of November, 1952, 28th day of November, 1952, 5th day of December, 1952, 2nd day of January, 1953, and 9th day of January, 1953. /s/ Alva L. Haywood Alva L. Haywood Sworn to and subscribed before me this 17 day of January, 1953. /s/ C. L. Pilcher Notary Public. Notice of Intention to Apply for Local Legislation. Georgia, Warren County. Notice is hereby given by the Mayor and Council of the City of Warrenton, Georgia, that the City of Warrenton, Georgia, intends to apply for the passage of local legislation at the next session of the General Assembly of the State of Georgia, which convenes on January 12, 1953, by applying for the passage of the following Act: An Act to be entitled an Act to authorize the City of

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Warrenton, Georgia, acting by and through the mayor and clerk thereof, to pay a pension in the amount of $100.00 per month to any police officer who has served as a police officer in and for the City of Warrenton, Georgia, for as much as thirty years, and is disabled; and for other purposes. This the 3rd day of November, 1952. James F. Clary, Mayor City of Warrenton, Ga. Dewey Jackson, Clerk City of Warrenton, Ga. Nov. 21, 28, Dec. 5, Jan. 2, 9. Approved Ferbuary 4, 1953. MACONSTREET ABANDONMENT RATIFIED. No. 22 (House Bill No. 199). An Act to ratify and confirm an ordinance of the City of Macon adopted December 14, 1943, said ordinance abandoning, closing and discontinuing that portion of Ash Street between Elbert or Fifth Street and Hammond Street, and to ratify and confirm the title to such abandoned area in the adjacent property owners, and their successors in title, and to ratify and confirm any and all deeds heretofore or hereafter made, pursuant to said ordinance, 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 a certain ordinance of the City of Macon adopted December 14, 1943, and appearing of record on the minutes of the City of Macon in Book AA, page 22, whereby the governing body of the City of Macon, abandoned, discontinued and closed that portion of

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Ash Street in said city lying between Elbert or Fifth Street and Hammond Street, said action having been taken under the authority of the charter of said city, be, and the same is hereby ratified and confirmed. Ash Street. Section 2. That so much of said ordinance as purports to vest the title to said abandoned portion of said street in the adjacent property owners and authorizing the mayor to make a deed to such property owners be and the same is also ratified and confirmed and that title to such portions as would be the lot of the respective property owners is hereby declared to be vested in them and their successors in title, according to the tenor and purport of said ordinance. Conveyances ratified. Section 3. That any deeds or conveyances heretofore or hereafter made pursuant to said ordinance are hereby ratified and confirmed. Section 4. That a notice of this legislation was published as required by law and copy of said notice with an author's affidavit evidencing its due advertisement is hereto attached and made a part hereof. Section 5. That all laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Notice of Application for Local Legislation. To whom it may concern: you are hereby notified that the General Assembly of Georgia at its 1953 session will be requested to pass a bill involving local legislation, the caption of said bill being as follows: A Bill. To be entitled: An Act to ratify and confirm an ordinance of the City of Macon adopted December 14, 1943, said ordinance, abandoning, closing and discontinuing that portion of Ash Street between Elbert or Fifth Street and Hammond Street, and to ratify and confirm the title, to such abandoned area in the adjacent property owners,

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and their successors in title, and to ratify and confirm any and all deeds heretofore or hereafter made, pursuant to said ordinance, and for other purposes. George E. Hatcher, Jr. Georgia, Fulton County. Personally appeared before the undersigned attesting officer, John B. Harris, Jr., Representative from Bibb County, who, being duly sworn, deposes and says on his oath, that he is author of the within and foregoing local bill, and that the foregoing notice of intention to apply for the passage of the same appeared in the Macon News, once a week for three consecutive weeks, to wit, on the 2nd, 9th and 16th days of January, 1953, and further that the Macon News is a newspaper of general circulation in the County of Bibb and is the legal organ of said county. /s/ John B. Harris, Jr. Sworn to and subscribed before me this 20 day of January, 1953. /s/ Janette Hirsch Notary Public (Seal). Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Approved February 4, 1953. MACONALLEY CLOSING; CONVEYANCES. No. 23 (House Bill No. 203). An Act to ratify and confirm the action of the Mayor and Council of the City of Macon, as set forth in the minutes of its meeting of March 8, 1859, as appears in Book D, page 321 of said minutes, authorizing John

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B. Lamar to close and occupy that portion of the original twenty (20) foot alley which extended through Square 2 of the City of Macon from Third Street to Second Street, which lies northwest of the original ten (10) foot alley extending through said square from Ocmulgee Street to Walnut Street upon his opening an alley through original Lots 5 and 6 in said square upon other property owned by him, extending from the said original ten (10) foot alley to Second Street; to approve and ratify the map of the City of Macon prepared by A. E. Boardman, City Engineer, of said City, which was accepted by the city council September 5, 1872, insofar as the same shows the public alleys through Square 2 as changed pursuant to the Resolution of March 8, 1859; and, to ratify and confirm the action of the City of Macon in conveying to Dr. J. Emory Clay that portion of said original twenty (20) foot alley which lies within the boundaries of a certain lot of land conveyed to him by Lee Davis on October 31, 1936, by deed which appears of record in the clerk's office of Bibb Superior Court in Book 438, page 57, and in conveying to M. R. Burg all portions of said original twenty (20) foot alley which lie within the boundaries of two certain adjacent lots acquired by M. R. Burg by two warranty deeds; one, from Piercy Chestney, individually and in his capacity as administrator de bonis non cum testamento annexo of the estate of Kate Piercy Chestney et al., which appears of record in said clerk's office in Book 542, page 765, and the other from Mrs. Ida Kessler, which appears of record in said clerk's office in Book 401, page 805, all pursuant to a Resolution adopted by the Mayor and Council of the City of Macon at the regular meeting held on May 6, 1952; as well as to ratify and approve conveyances by said city of any portions of said part of said original twenty (20) foot alley so closed, to adjacent property owners, and the grant of all encroachments into Second Street in front of and adjacent to such original twenty (20) foot alley, and for other purposes. Section 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon, as shown by the minutes of its meeting held on March 8, 1859, in adopting an ordinance authorizing John B. Lamar to close and occupy that portion of the original twenty (20) foot alley which extends through Square 2 of the City of Macon from Third Street to Second Street which lies northwest of the original ten (10) foot alley extending through said square from Ocmulgee Street to Walnut Street, upon his opening an alley through Lots 5 and 6 in said square upon other property owned by him, extending from the said original ten (10) foot alley to Second Street, be and the same hereby is ratified and confirmed. Alley closing confirmed. Second 2. Be it further enacted by the authority aforesaid, that the official map of the City of Macon made by A. E. Boardman, City Engineer, of said city, which was adopted by the City Council of said city on September 5, 1872, insofar as it shows the public alleys through said Square 2 as changed pursuant to the ordinance of said city adopted on March 8, 1859, be and the same is hereby ratified and confirmed. Map. Section 3. Be it further enacted by the authority aforesaid that the action of the City of Macon in conveying to Dr. J. Emory Clay all portions of said original twenty (20) foot alley which lie within the boundaries of that lot of land conveyed to him by Lee Davis by deed which appears of record in the clerk's office of Bibb Superior Court in Book 438, page 57, and in conveying to M. R. Burg all portions of said original twenty (20) foot alley which lie within the boundaries of those two certain adjacent lots acquired by M. R. Burg by two warranty deeds; one, from Piercy Chestney, individually and in his capacity as administrator de bonis non cum testamento annexo of the estate of Kate Piercy Chestney which appears of record in said clerk's office in Book 542, page 765, and the other from Mrs. Ida Kessler which appears of record in said clerk's office in Book 401, page 805, all pursuant to the Resolution adopted by the Mayor and Council of the City of Macon at its regular meeting held

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on May 6, 1952, be and it hereby is ratified and confirmed; such conveyances being confirmed as valid and legal so as to fully and effectively vest title to said portions of said alley so conveyed, respectively, in said J. Emory Clay and said M. R. Burg, their heirs, executors, administrators and assigns. Conveyances confirmed Section 4. Be it further enacted by the authority aforesaid that all other conveyances by the City of Macon of portions of said portion of said original twenty (20) foot alley through said Square 2, to adjacent owners, and all encroachments into Second Street in front of and adjacent to said twenty (20) foot alley to any person, the owner of the adjacent portion of said alley, be, and the same hereby are ratified and confirmed, so as to fully and effectively vest title to such portions of said alley so conveyed to such persons. Section 5. Be it further enacted by the authority aforesaid that evidence of advertising required by the Constitution of Georgia of 1945 is hereto attached and made a part hereof. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be, and the same hereby are, repealed. State of Georgia, County of Fulton. Personally appeared before me the undersigned, attesting authority, John B. Harris, Jr., who on oath deposes and says that he is the author of the within and attached bill and that the Notice of Intention to Ask for Local Legislation, as the same appears upon the certificate of Florence J. Scott, checking clerk for The Macon News, hereto attached, was published in The Macon News, the newspaper in Bibb County, Georgia, in which the sheriff's advertisements for said county are published, upon December 24, 1952, December 31, 1952 and January 7, 1953, as more fully appears in said certificate. /s/ John B. Harris, Jr.

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Sworn to and subscribed before me, this the 20th day of January, 1953. /s/ Janette Hirsch Notary Public, State of Georgia. (Notary Seal) Residing in Fulton County, Georgia. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. 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 that advertisement as per attached clipping has been published in The Macon News on the following dates. December 24, 1952 December 31, 1952 January 7, 1953. /s/ Florence J. Scott. Sworn to and subscribed to before me this 7th day of January, 1953. /s/ E. H. Hardin Notary Public, Bibb County, Georgia. (Notarial Seal) Notice of Intention to Ask for Local Legislation. The undersigned the City of Macon, hereby gives notice that it will seek to have introduced into the 1953 session of the General Assembly of the State of Georgia and enacted into law a bill to ratify and approve, (1) the ordinance and resolution of the Mayor and Council of the City of Macon as set forth in the minutes of its meeting of March 8, 1859, authorizing the closing and occupancy

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by John B. Lamar of that portion of the original twenty (20) foot alley which extends through square 2 of the City of Macon from Third Street to Second Street which lies northwest of the original ten (10) foot alley extending through said square from Ocmulgee Street to Walnut Street upon his opening an alley through original lots 5 and 6 in said square upon other property owned by him extending from said original ten (10) foot alley to Second Street; (2) the official map of the City of Macon made by A. E. Boardman, City Engineer, of said city, which was accepted by the City Council on September 5, 1872, insofar as the same shows the public alleys through said square 2 as changed pursuant to the aforesaid resolutions; (3) the conveyance to J. Emory Clay of that portion of the said original twenty (20) foot alley which lies within the boundaries of a certain lot conveyed to him by Lee Davis by deed which appears of record in the clerk's office of Bibb Superior Court in Book 438 page 57, and the conveyance to M. R. Burg of all portions of said original twenty (20) foot alley which lies within the boundaries of those two certain adjacent lots acquired by M. R. Burg by two warranty deeds; one, from Piercy Chestney, individually and in his capacity as administrator de bonis non cum testamento annexo of the estate of Kate Piercy Chestney which appears of record in said clerk's office in Book 542 page 765, and the other from Mrs. Ida Kessler which appears of record in said clerk's office in Book 401, page 805; all pursuant to a resolution adopted by the Mayor and Council of the City of Macon at the regular meeting held on May 6, 1952; and, (4) subsequent conveyances by the City of Macon of any portions of said original twenty (20) foot alley, to any owner of property adjacent thereto, and all encroachments granted by the City of Macon into Second Street in front of and adjacent to said twenty (20) foot alley to the holder of the title to that portion of said twenty (20) foot alley adjacent thereto. This the 10th day of December, 1952. City of Macon. By E. S. Sell, Jr., City Attorney. Approved February 4, 1953.

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WRENSTAX APPRAISAL. No. 25 (House Bill No. 35). An Act to provide for the scientific appraisal of all taxable property in the City of Wrens, Georgia, and to authorize the City of Wrens, Georgia, to defray the cost of same from public funds of the said city. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That a charter of the City of Wrens, Georgia, be amended so as to authorize the said City of Wrens, Georgia, and the governing authorities of the said city to cause to be made a scientific appraisal of all taxable property in the said city by an independent qualified agency. Appraisal. Section 2. The taxing authorities of the said City of Wrens, Georgia, shall make available to such agency as may be designated by the governing authorities of the said city all books, records, and other available information pertaining to the taxable property and assessment thereof in the said city. Section 3. Such agency shall make available to the governing authorities of the City of Wrens, Georgia, and the taxing authorities thereof copies of its findings and appraisals for their information. Findings. Section 4. The governing authorities of the City of Wrens, Georgia, are hereby authorized to defray the costs of such appraisal from public funds of the said city in an amount not to exceed four thousand ($4,000.00) dollars. Funds. Section 5. This appraisal shall be made within one year from the date of the passage of this Act, but if not made within that time the authority herein provided for shall extend for an additional period of one year thereafter. Time allowed.

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Section 6. A copy of notice of intention to apply for this local legislation and the affidavit of the author showing such publication are hereto attached and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia relating to publication of notice of intention to apply for the passage of this local legislation have been complied with prior to the enactment of this law. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, Richmond County. Personally appeared before me, the undersigned, J. Roy McCracken, author of the attached bill, who, after being duly sworn, deposes and says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements of Jefferson County, Georgia, are published once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of this bill into the General Assembly as required by the Constitution of the State of Georgia, a copy of the said notice being as follows: Notice is hereby given that a bill will be introduced in the General Assembly of Georgia which will convene in January 1953, to authorize the governing authorities of the City of Wrens, Georgia, to cause a scientific appraisal to be made of all taxable property in the said city and to authorize the City of Wrens, Georgia, to defray the expenses of such appraisal from public funds of the said city. This January 7, 1953. J. Roy McCracken Representative. /s/ J. Roy McCracken J. Roy McCracken Subscribed and sworn to before me this..... day of January, 1953.

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/s/ Harriett Traylor Notary Public, Richmond County, Georgia Notarial Seal Affixed. Approved February 4, 1953. MUSCOGEE COMMISSIONERS. No. 26 (House Bill No. 83). 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 October 13, 1885, as amended by an Act approved August 2, 1923, and as amended by an Act approved February 14, 1950; by providing for the election of two additional commissioners; to repeal the Act approved February 7, 1949, which said Act was declared unconstitutional by the Superior Court of Muscogee County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 published Acts of the General Assembly of Georgia of 1884-5, as amended by an Act approved August 2, 1923, to be found on page 288 of the published Acts of the General Assembly of Georgia of 1923, and as amended by an Act approved February 14, 1950, to be found on page 2378 of the published Acts of the General Assembly of Georgia of 1950, is hereby amended by striking therefrom Section 2 of said Act, as amended, which said section deals with the terms and

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manner of election of the commissioners of Muscogee County, Georgia, and by substituting in lieu thereof as Section 2 the following: Sec. 2, Act of 1950 amended. Section 2. Paragraph A. The members of the Board of Commissioners of Roads and Revenues of Muscogee County shall be elected by the qualified voters of Muscogee County biennially at the general State election, and each shall be elected to serve for a term of four years; provided, however, that members of said commission now in office shall continue in office until their present terms expire, or until their successors shall have been elected and qualified under the provisions of this Act. Election. Paragraph B. Two additional commissioners shall be elected, in a special election to be called for that purpose, for terms to expire December 31, 1956, and thereafter said board shall consist of five (5) members. The Ordinary of Muscogee County shall, within 30 days after the effective date of this Act, fix a date not less than 45 nor more than 60 days after the effective date of this Act, on which said special election shall be held, and shall call said election to be held on said date. In said election each person voting shall be entitled to cast a vote for each of two candidates, and the two persons receiving the highest number of votes shall be declared elected. Paragraph C. In 1954 and every four years thereafter there shall be an election of two commissioners for terms of four years commencing on the following January 1. In said election each person voting shall be entitled to cast a vote for each of two candidates, and the two persons receiving the highest number of votes shall be declared elected. In 1956 and every four years thereafter there shall be an election of three commissioners for terms of four years commencing on the following January 1. In said election each person voting shall be entitled to cast a vote for each of three candidates, and the three persons receiving the highest number of votes shall be declared elected.

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Paragraph D. All said elections for members of said commission shall be held under the rules governing the election of county officers and returns thereof shall be made in the same manner and the Governor of the State shall duly commission the successful candidates upon taking the oath of office hereinafter described. Section 2. The Act approved February 7, 1949, to be found on page 259 of the published Acts of the General Assembly of Georgia of 1949, which said Act attempted to reduce the term of the members of the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, from six (6) to four (4) years, to provide for two additional members of said board, and to provide for a referendum thereto pertaining, and which said Act was declared unconstitutional by the Superior Court of Muscogee County, Georgia, is hereby repealed in its entirety. Act of 1949 repealed. Section 3. All laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Section 4. Affidavit of publication is attached hereto and made a part hereof. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia a local bill providing for the election of two (2) additional members of the Board of Commissioners of Roads and Revenues in the County of Muscogee, State of Georgia, for terms of four (4) years each, expiring December 31, 1956, so that from and after the election of said commissioners there shall be five (5) such commissioners in said county. Howell Hollis A. Mac Pickard J. Gordon Young Representatives-Elect

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State of Georgia, County of Muscogee. Personally appeared before the undersigned notary public, Howell Hollis, who being duly sworn, deposes and says on oath that he is the author of the foregoing bill and that the above notice was published once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, to wit: On December 24 and 31, 1952, and on January 7, 1953, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee County, Georgia, are published, as provided by law. /s/ Howell Hollis. Sworn and subscribed before me this 14 day of January, 1953. /s/ Frances Y. Read Notary Public, Fulton County, Ga. Approved February 4, 1953. ALBANY PENSION SYSTEM No. 27 (House Bill No. 43). An Act to amend an Act approved February 16, 1943, published in Acts of 1943 on pp. 1154 et seq., entitled an Act to provide pensions to employees of the City of Albany, and for other purposes, so as to provide that the City of Albany may make contributions to the pension fund in excess of the amount contributed by employees, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That a certain Act approved February 16, 1943, published in Acts 1943 on pp. 1154 et seq., providing pensions for employees of the City of Albany, be

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and the same is hereby amended by striking Section 5 of said Act in its entirety and inserting a new section so that said Section 5 of said Act when amended shall read as follows: Section 5. The City of Albany, 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 covered by the terms of this Act, provided, however, this tax shall apply only to so much of the compensation of any employee as it not in excess of $200.00 for any calendar month, and the city treasurer or some other authorized person shall retain such sums from the salaries of said employees. Said City of Albany is authorized and empowered to levy a tax on all taxable property of said city, ad valorem, and to use other available funds of the city, for the purpose of paying pensions and other benefits under the pension system; provided, the City of Albany shall contribute to the pension fund an amount equal to all revenue raised or received from city employees by reason of the tax herein levied against the salaries of said employees. In addition thereto the City of Albany is authorized and empowered to make contributions to the pension fund in an amount not to exceed $7,200.00 per year, the amount to be determined annually by the Board of City Commissioners of the City of Albany, Georgia. All of said funds shall be turned over to the city treasurer and shall be kept in a separate fund and disbursed under the terms of this Act, and all valid ordinances passed and adopted in pursuance thereof. City's contributions to pension fund. Section 2. Attached hereto and made a part hereof is copy of notice of intention to introduce this local bill, same having been properly advertised and certified, all as is required by law. Section 3. All laws and 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 an Act providing

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pensions for employees of the City of Albany, Georgia, caption of said local bill being as follows: A BILL. Entitled an Act to amend an Act approved February 16, 1943, published in Acts of 1943 on pp. 1154 et seq., entitled an Act to provide pensions to employees of the City of Albany, and for other purposes, so as to provide that the City of Albany may make contributions to the pension fund in excess of the amount contributed by employees, and for other purposes. Georgia, Dougherty County. Personally appeared before the undersigned attesting officer, James H. Gray, who on oath being duly sworn deposes and certifies that he is publisher of The Albany Herald, a 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 The Albany Herald once a week for three weeks, the said notice having been published in the issues of said paper on December 12, 1952, December 19, 1952, and December 26, 1952. /s/ James H. Gray Editor and Publisher of The Albany Herald. Sworn to and subscribed before me, this the 27th day of December, 1952. /s/ Barbara Jones N. P., Dougherty County, Georgia. Approved February 4, 1953.

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WAYCROSS POLICE COURT. No. 28 (House Bill No. 78). An Act to amend an Act approved August 17, 1909, (Ga. Laws 1909, pp. 1456, 1494), which Act is a part of the charter of the City of Waycross, by providing for an increase in the maximum fine in police court from one hundred dollars to two hundred dollars; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That the Act approved August 17, 1909, (Ga Laws 1909, p. 1456), which Act is a part of the charter of the City of Waycross, is hereby amended by striking the word one in the fifth line of Paragraph 3 of Section 44 of said Act and inserting in lieu thereof the word two, and in order to conform the wording of said Paragraph 3, Section 44, to charter amendments enacted subsequent thereto by changing the word mayor to recorder and the words mayor and aldermen of said city to the Commission of the City of Waycross, so that said Paragraph 3, Section 44 of said Act of 1909, when so amended shall read as follows: 3. The recorder or other presiding judge of said police court shall have the power to impose fines and inflict punishments after conviction upon all violators of the laws and ordinances of said city by fine not to exceed two hundred dollars, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed ninety days, or by confinement in the guardhouse not to exceed sixty days, either one or more or all, in the discretion of the recorder or other police court judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event the fines are not paid. Upon failure or refusal of any person to pay promptly any fine or costs imposed by said police court, the same may be enforced

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and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same waythis method being cumulative and to be used at the option of the Commission of the City of Waycross. Fines and punishments. Section 2. That all laws and parts of laws in direct conflict with this Act be, and the same are, hereby repealed. Notice. Notice is hereby given that the Commission of the City of Waycross will apply to the 1953 session of the General Assembly of Georgia for the passage of an amendment to an Act approved August 17, 1909, (Ga. Laws 1909, p. 1465), which Act is a part of the charter of the City of Waycross, to provide for an increase in the maximum fine that may be assessed in police court from one hundred dollars to two hundred dollars. This November 15, 1952. Commission of the City of Waycross By Sam Odum, Mayor Attest: C. O. Parker, Clerk. Georgia, Ware County. Personally appeared before the undersigned officer Jack Williams, editor and publisher of Waycross Journal-Herald, the official organ of the City of Waycross and the newspaper published in Ware County, Georgia, wherein sheriff's sales are advertised and which has a general circulation in Ware County, and, on oath, says that the above and foregoing notice of intention to apply for passage of local legislation, was published in its issues November 15, 22, and 29, 1952. /s/ Jack Williams Jack Williams

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Sworn to and subscribed before me, dthis the 8th day of January, 1953. /s/ Louise Breen Louise Breen Notary Public Ware County, Georgia. My commission expires August 9, 1956. Notarial Seal Affixed. Approved February 4, 1953. WAYCROSS CHARTER AMENDMENT. No. 29 (House Bill No. 79). An Act to amend an Act approved August 16, 1922, (Ga. Laws 1922, p. 1087), which Act amended the charter of the City of Waycross and set up a new form of government for the City of Waycross, by providing that the compensation of members of the commission shall not exceed six hundred dollars per annum for each commissioner and nine hundred dollars per annum for the mayor; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved August 16, 1922, (Ga. Laws 1922, p. 1087), which amended the charter of the City of Waycross and set up a new form of government for the City of Waycross is hereby amended by striking all of Section 9 of said Act which reads as follows: Sec. 9. Compensation of members of the commission shall be fixed by resolution of the commission immediately after their qualification, but shall not exceed two hundred dollars per annum for each commissioner and three hundred dollars per annum for the mayor. During the year 1923, the commissioners shall receive the compensation now paid to aldermen of said city, and the mayor shall receive the salary now paid to

Page 2104

him as mayor, and substituting in lieu thereof a new Section 9 which shall read as follows: Sect. 9. Compensation of members of the commission shall be fixed by resolution of the commission in January of each year, but shall not exceed six hundred dollars per annum for each commissioner and nine hundred dollars per annum for the mayor. Compensation, mayor and commissioners. Section 2. That all laws and parts of laws in direct conflict with this Acct be, and the same are hereby repealed. Notice. Notice is hereby given that the Commission of the City of Waycross will apply to the session of the General Assembly of Georgia which convenes in January, 1953, for the passage of an amendment to an Act approved August 16, 1922, (Ga. Laws 1922, p. 1087), which Act amended the charter of the City of Waycross and set up a new form of government for the City of Waycross, which provides that the compensation of members of the commission shall not exceed two hundred dollars per annum for each commissioner and three hundred dollars per annum for the mayor, by providing in this amendment that the compensation of members of the commission shall not exceed six hundred dollars per annum for each commissioner and nine hundred dollars per annum for the mayor. This November 15, 1952. Commission of the City of Waycross By: Sam Odum, Mayor Attest: C. O. Parker, Clerk Georgia, Ware County. Personally appeared before the undersigned officer Jack Williams, editor and publisher of Waycross Journal-Herald,

Page 2105

the official organ of the City of Waycross and the newspaper published in Ware County, Georgia, wherein sheriff's sales are advertised and which has a general circulation in Ware County, and, on oath, says that the above and foregoing notice of intention to apply for passage of local legislation, was published in its issues November 15, 22, and 29, 1952. /s/ Jack Williams Sworn to and subscribed before me, this the 8th day of January, 1953. /s/ Louise Breen Notary Public Ware County, Georgia. (Seal) My commission expires August 9, 1956. Approved February 4, 1953. HINESVILLE CITY COURT. No. 30 (House Bill No. 41). An Act to amend an Act creating the City Court of Hinesville, approved August 9, 1916 (Ga. Laws 1916, p. 232), as amended by an Act approved August 16, 1920 (Ga. Laws 1920, p. 334), and as amended by an Act approved February 16, 1943, (Ga. Laws 1943, p. 753), as amended by an Act approved on February 7, 1950 (Ga. Laws 1950, p. 2042), by increasing the compensation of the judge of said city court to three thousand 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, p. 232), as amended by an Act approved August 16, 1920 (Ga. Laws 1920, p. 334), as amended by an Act approved February 16, 1943 (Ga. Laws 1943, p. 753), and as

Page 2106

amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 2042), is hereby amended by striking from line 34 of Section 4 of said Act, as amended, the words eighteen hundred dollars and substituting in lieu thereof the words three thousand dollars, so that the salary of the Judge of the City Court of Hinesville shall be three thousand dollars per annum. Judge's salary. 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 the undersigned, an officer authorized to administer oaths under the laws of Georgia, Lollie Gill Clark, who having been duly sworn, deposes and on oath says that she is the editor and publisher of the Liberty County Herald, the newspaper in which are published sheriff's advertisements for Liberty County, and which is the official organ for Liberty County, Georgia; that the notice to apply for local legislation, copy of which is attached below this certificate and identified as Exhibit A, was published in the Liberty County Herald in the issues of December 25, 1952, January 1, 1953, and January 8, 1953; and that this certificate is made as required by the Constitution and laws of the State of Georgia. /s/ Lollie Gill Clark (L.S.) (Sealed) Sworn to and subscribed before me, this 10th day of January, 1953. /s/ Louise E. Rivers N.P. Notary Public, Richmond County, Ga. My commission expires May 3, 1954. EXHIBIT A Notice. Georgia, Liberty County. Notice is hereby given of intention to apply for local

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legislation at the next meeting of the General Assembly of Georgia, which convenes in January, 1953, amending the original Act creating the City Court of Hinesville, Georgia, Georgia Laws 1916, and amendatory Acts thereto, so as to change the qualifications of judge and solicitor of said court, and so as to change the salary to be paid the Judge of the City Court of Hinesville, and for other purposes. This 22nd day of December, 1952. /s/ J. F. Browning, Senator 2nd. Senatorial District. /s/ C. J. Smiley, Representative Liberty County, Georgia. Approved February 4, 1953. LAMAR TAX COMMISSIONER. No. 31 (House Bill No. 33). An Act to amend an Act creating the office of Tax Commissioner of Lamar County, approved July 24, 1925 (Ga. Laws 1925, p. 668), as amended by an Act approved April 12, 1926 (Ga. Laws 1926, p. 60), so as to place the Tax Commissioner of Lamar County on a salary basis in lieu of a fee basis; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the office of Tax Commissioner of Lamar County, approved July 24, 1925 (Ga. Laws 1925, p. 668), as amended by an Act approved April 12, 1926 (Ga. Laws 1926, p. 60), is hereby amended by striking Section 4, relating to compensation of the tax commissioner, in its entirety and substituting in lieu thereof a new Section 4 to read as follows:

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The tax commissioner shall receive as compensation for his services the sum of thirty-six hundred ($3600.00) dollars per annum to be paid in equal monthly installments from the general funds of Lamar County. Said sum shall be in lieu of any fees or commissions which said tax commissioner formerly received, and all of said fees and commissioners to which the tax commissioner is entitled shall be paid into the general funds of Lamar County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lamar County. Personally appeared before the undersigned, an officer by law duly authorized to administer oaths, William W. Dennis, who on oath says that he is editor and publisher of The Barnesville News Gazette, a newspaper published in Barnesville, Lamar County, Georgia; that said The Barnesville News Gazette is the newspaper in which the sheriff's advertisements in and for Lamar County, Georgia, are published; and that the attached notice, which is a true and correct copy, was published in said newspaper in the issues published on December 25th, 1952, January 1st, 1953, and January 8th, 1953. /s/ William W. Dennis Sworn to and subscribed before me, this 8th day of January, 1953. /s/ Cecil C. McKoy, N. P. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly of Georgia a bill placing the Tax Commissioner of Lamar County on a salary basis rather than a fee basis; and for other purposes.

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This 22 day of December, 1952. L. G. Lifsey, Representative, Lamar County. Joe B. Adams, Senator, 22nd District. 25-1-8 Approved February 4, 1953. LOUISVILLETAX APPRAISAL. No. 32 (House Bill No. 36). An Act to provide for the scientific appraisal of all taxable property in the City of Louisville, Georgia, and to authorize the City of Louisville, Georgia, to defray the cost of same from public funds of the said city. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That a charter of the City of Louisville, Georgia, be amended so as to authorize the said City of Louisville, Georgia, and the governing authorities of the said city to cause to be made a scientific appraisal of all taxable property in the said city by an independent qualified agency. Appraisal. Section 2. The taxing authorities of the said City of Louisville, Georgia, shall make available to such agency as may be designated by the governing authorities of the said city all books, records, and other available information pertaining to the taxable property and assessment thereof in the said city. Section 3. Such agency shall make available to the governing authorities of the City of Louisville, Georgia, and the taxing authorities thereof copies of its findings and appraisals for their information. Findings.

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Section 4. The governing authorities of the City of Louisville, Georgia, are hereby authorized to defray the costs of such appraisal from public funds of the said city in an amount not to exceed four thousand ($4,000.00) dollars. Funds. Section 5. This appraisal shall be made within one year from the date of the passage of this Act, but if not made within that time the authority herein provided for shall extend for an additional period of one year thereafter. Time allowed. Section 6. A copy of notice of intention to apply for this local legislation and the affidavit of the author showing such publication are hereto attached and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia relating to publication of notice of intention to apply for the passage of this local legislation have been complied with prior to the enactment of this law. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, Richmond County. Personally appeared before me, the undersigned, J. Roy McCracken, author of the attached bill, who, after being duly sworn, deposes and says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements of Jefferson County, Georgia, are published once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of this bill into the General Assembly as required by the Constitution of the State of Georgia, a copy of the said notice being as follows: Notice is hereby given that a bill will be introduced in the General Assembly of Georgia which will convene in January 1953, to authorize the governing authorities of the City of Louisville, Georgia, to cause a scientific appraisal to be made of all taxable property in the said

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city and to authorize the City of Louisville, Georgia, to defray the expenses of such appraisal from public funds of the said city. This December 12, 1952. J. Roy McCracken Representative. /s/ J. Roy McCracken J. Roy McCracken Subscribed and sworn to before me, this..... day of January, 1953. /s/ Harriet Traylor Notary Public, Richmond County, Georgia. Notarial Seal Affixed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced in the General Assembly of Georgia which will convene in January, 1953, to authorize the governing authorities of the City of Louisville, Georgia, to cause a scientific appraisal to be made of all taxable property in the said city and to authorize the City of Louisville, Georgia, to defray the expenses of such appraisal from public funds of the said city. This December 12, 1953. J. Roy McCracken Representative. Approved February 4, 1953. PELHAM CHARTER AMENDMENTS. No. 33 (House Bill No. 32). An Act to amend an Act creating a charter for the City

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of Pelham, Georgia, approved September 14, 1881 (Ga. Laws, 1881, p. 444), as amended, particularly as amended by an Act approved July 17, 1925 (Ga. Laws, 1925, p. 1340), so as to grant to the City of Pelham the power to construct or extend sewers; to provide for the assessment of the cost thereof; and to provide for the collection of such assessment; and so as to grant to said city the power to collect a charge for furnishing either sanitary sewerage disposal service or garbage collection service, or both, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, that the charter of the City of Pelham, in the County of Mitchell, embodied in an Act approved September 14, 1881 (Ga. Laws, 1881, p. 444), as amended, particularly as amended by an Act approved July 17, 1925 (Ga. Laws, 1925, p. 1340), and the various Acts amendatory thereof heretofore passed, be, and the same, are hereby amended in the respects hereinafter stated. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the mayor and councilmen of said city shall have full power and authority to construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof. Provided, however, that said assessment shall be levied only on real estate which is specially benefited by the sewer, that is, on real estate which does not abut any street, alley, or way which already has a sewer capable of adequately serving said real estate, so that where there is already a sewer in a street, alley, or way, abutting any real estate, and said sewer is capable of adequately

Page 2113

serving said real estate, the owner and said real estate shall not again be assessed for the construction or extension of a sewer, even though such sewer is constructed or extended in a street, alley, or way abutting the real estate. The decision of the mayor and council of said city as to adequacy shall be final. Provided, that to an execution issued under this paragraph the defendant shall have the right to file an affidavit, denying that the whole or any part of the amount for which execution issued is due and stating what amounts he admits to be due; which shall be paid or collected before the affidavit is received, and the affidavit shall be received for the balance, and all such affidavit so received shall be returned to the Superior Court of Mitchell County and there tried and determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. The executions herein provided shall be enforced as provided in the charter of said city in case of executions for paving and the assessment shall have the same lien. Sewers. Assessments. Illegalities. Section 3. That the Mayor and Councilmen of the City of Pelham is authorized and empowered to collect within the corporate limits of the City of Pelham a charge for furnishing sanitary sewerage disposal services. Service charges. Section 4. That the Mayor and Councilmen of the City of Pelham is authorized and empowered to collect within the corporate limits of the City of Pelham a charge for furnishing garbage collection services. Garbage collection. Section 5. That said charges shall be collected from the occupants, or users, of every dwelling unit within the corporate limits of the City of Pelham to whom either sanitary sewerage service and/or garbage collection service is furnished by the Mayor and Councilmen of the City of Pelham. Said charges shall be paid by the users and occupants of every dwelling unit furnished with such services and shall be a debt lawfully due to said City of Pelham. Section 6. That the Mayor and Councilmen of the

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City of Pelham are authorized to bill the users, or occupants, of dwelling units for sanitary sewerage charges and/or garbage collection charges in the same manner and at the same time that water bills are billed to the users of water. Bills. Section 7. That the Mayor and Councilmen of the City of Pelham are authorized and empowered to cut off the water supply to any dwelling unit when charges for sanitary sewerage service and/or garbage collection service shall have remained unpaid for a period of thirty days after becoming due, and shall restore the same upon the payment of such unpaid charges. Unpaid charges. Section 8. That said charges shall be due and payable at the same time and in the same manner as charges for water service are paid to the City of Pelham by the users and occupants of dwelling units. When due. Section 9. That the users and occupants of any dwelling unit shall not be subject to either the garbage collection charge or the sanitary sewerage charge unless such occupant, or user, is actually receiving such services; and if such services are received by the users and occupants of dwelling units, said charges, if made by the Mayor and Councilmen of the City of Pelham, shall become immediately due upon the furnishing of said services, notwithstanding the time of the year or the day of the month on which services begin, it being the intention of this Act that if the services be furnished for a portion of a month, the charge for the same shall amount to onehalf of the charge for the entire month. Section 10. That the charges herein authorized shall be independent of, and in addition to, any lawful taxes which are now, or may hereafter be, levied by the Mayor and Councilmen of the City of Pelham, against any person, firm or corporation, or against any real or personal property owned or possessed by any person, firm or corporation.

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Section 11. 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 of said mayor and councilmen, and does not in any way affect any power that said mayor and councilmen now have under the charter of the City of Pelham. Act cumulative. Notice of Special Legislation. Notice is hereby given of intention to introduce local legislation at the next session of the General Assembly of Georgia, as follows: A Bill. To be entitled an Act to amend an Act creating a charter for the City of Pelham, Georgia, approved September 14, 1881 (Ga. Laws, 1881, p. 444), as amended, particularly as amended by an Act approved July 17, 1925 (Ga. Laws, 1925, p. 1340), so as to grant to the City of Pelham the power to construct or extend sewers; to provide for the assessment of the cost thereof; and to provide for the collection of such assessment; and so as to grant to said city the power to collect a charge for furnishing either sanitary sewerage disposal service or garbage collection service, or both, and for other purposes. This December 24, 1952. F. B. Hand, Representative Mitchell County, Georgia. Georgia, Mitchell County. I, B. T. Burson, 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

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December 26, 1952, and January 2nd, and 9th, 1953. /s/ B. T. Burson. Sworn to and subscribed before me, this 10th day of January, 1953. /s/ Jas. H. Branch, Clerk, Superior Court, Mitchell County, Georgia. Approved February 4, 1953. PELHAM CHARTER AMENDMENT. No. 34 (House Bill No. 31). An Act to amend an Act creating a charter for the City of Pelham, Georgia, approved September 14th, 1881 (Ga. Laws 1881, p. 444), as amended, particularly as amended by an Act approved July 17, 1925 (Ga. Laws 1925, p. 1340), so as to grant to the City of Pelham the power to purchase, erect, equip, maintain, operate and own a gas distribution system; to provide a method for regulating the use of said system; to provide punishment for illegal use of said gas; to provide issuance of bonds by said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a charter for the City of Pelham, Georgia, approved September 14, 1881 (Ga. Laws 1881, p. 444), as amended, particularly as amended by an Act approved July 17, 1925 (Ga. Laws 1925, p. 1340), is hereby amended to include in the power granted to said city the following: The mayor and councilmen of said city shall have the power to purchase, erect, establish, equip, maintain,

Page 2117

operate and own for municipal purposes, and for profit, a system for distribution of natural gas. The mayor and councilmen also shall have the power to make rules and regulations regarding the use of the same by the public and to provide by ordinance for the punishment of those who illegally use said gas; to issue bonds of said city for the purpose of acquiring, owning, equipping and operating said system. Gas system. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Special Legislation. Notice is hereby given of intention to introduce local legislation at the next session of the General Assembly of Georgia as follows: A Bill. To be entitled an Act to amend an Act creating a charter for the City of Pelham, Georgia, approved September 14th, 1881, (Ga. Laws 1881, p. 444), as amended, particularly as amended by an Act approved July 17, 1925 (Ga. Laws 1925, p. 1340), so as to grant to the City of Pelham the power to purchase, erect, equip, maintain, operate and own a gas distribution system; to provide a method for regulating the use of said system; to provide punishment for illegal use of said gas; to provide issuance of bonds by said city; to repeal conflicting laws; and for other purposes. This December 24, 1952. F. B. Hand, Representative Mitchell County, Georgia. Georgia, Mitchell County. I, B. T. Burson, 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

Page 2118

and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated December 26, 1952, and January 2nd, and 9th, 1953. /s/ B. T. Burson. Sworn to and subscribed before me this 10th day of January, 1953. /s/ Jas. H. Branch Clerk Superior Court, Mitchell County, Georgia. Approved February 4, 1953. CAMILLA CHARTER AMENDMENT. No. 35 (House Bill No. 30). An Act to amend an Act creating a new charter for the City of Camilla, Georgia, approved August 19, 1907 (Ga. Laws 1907, p. 505), as amended, so as to grant to the City of Camilla the power to purchase, erect, equip, maintain, operate and own a gas distribution system; to provide a method for regulating the use of said system; to provide punishment for illegal use of said gas; to provide issuance of bonds by said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Camilla, Georgia, approved August 19, 1907 (Ga. Laws 1907, p. 505), as amended, is hereby amended by adding to the end of Section 21, which section relates to the powers granted to said city, a paragraph to be numbered as (32), which is to read as follows: Sec. 21, Act of 1907, amended. (32) To purchase, erect, establish, equip, maintain, operate and own for municipal purposes, and for profit, a system for distribution of natural gas; to make rules

Page 2119

and regulations regarding the use of the same by the public and to provide by ordinance for the punishment of those who illegally use said gas; to issue bonds of said city for the purpose of acquiring, owning, equipping and operating said system. Gas system. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that I will introduce at the next session of the General Assembly of Georgia, convening on January 12th, 1953, a bill affecting the City of Camilla, the caption of which is as follows: An Act to amend an Act creating a new charter for the City of Camilla, Georgia, approved August 19, 1907 (Ga. Laws 1907 p. 505) as amended, so as to grant to the City of Camilla the power to purchase, erect, equip, maintain, operate and own a gas distribution system; to provide a method of regulating the use of said system; to provide punishment for illegal use of said gas; to provide issuance of bonds by said city; to repeal conflicting laws; and for other purposes. This the 12th day of December, 1952. Frank S. Twitty, Representative, Mitchell County. Dec. 19th and 26th, 1952 January 2nd, 1953. Georgia, Mitchell County. I, B. T. Burson, 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

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December 19th and 26th, 1952 and January 2nd, 1953. /s/ B. T. Burson Sworn to and subscribed before me, this the 9th day of January, 1953. /s/ Hazel Bullard Notary Public, Georgia State at Large. (Seal) My commission expires Feb. 1, 1954. Approved February 4, 1953. FITZGERALD PENSION SYSTEM. No. 36 (House Bill No. 139). An Act amending and revising the charter for the City of Fitzgerald and entitled: An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes, approved August 17, 1914, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Sec. 118 (h) of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, and as set out and contained in the Act approved February 17, 1949, be, and it is hereby, amended by adding Subparagraph (h) of said Sec. the following: In order to place all eligible officers and employees of said city under the benefits of such social security laws the mayor and council of said city shall have and are hereby given full power and authority to comply with and conform to any and all applicable State and Federal laws and regulations and to enter into contracts and agreements with and make commitments and guarantees to any and all State and Federal agencies, officials, departments

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or bureaus charged with the administration of the laws and regulations applicable thereto. Said mayor and council shall have full power and authority to do any and all things necessary to secure the benefits of such social security laws for its eligible officers and employees and may levy ad valorem taxes for such purposes or use any other available funds of said city in so doing. Any an valorem taxes which may hereafter be levied for any such purpose are hereby declared to be and shall be classed as extraordinary expenses of said city and shall be so designated in the ordinance or resolution in which the same are levied, so that said Subparagraph (h) of said Sec. 118, as amended hereby, shall read as follows: Sec. 118 (h) amended. (h) That in the event the social security laws of the United States of America shall be extended to include and apply to municipal employees, said mayor and council shall thereupon discontinue any pension or retirement plan which may have been set up and established under the provisions hereof or any insurance which may have been purchased upon eligible officers or employees in lieu thereof, and all officers and employees of said city eligible for benefits under such social security laws shall be placed thereunder. In such event, the mayor and council shall have the power and authority to levy and collect an ad valorem tax for the purpose of paying the amounts required to be paid by said city as an employer under such laws. In such event any cash value which may be repayable under any and all insurance policies carried upon officers and employees of said city as provided herein shall be disbursed in accordance with the provisions of Subparagraph (g) hereof. In such event and in the event funds have been accumulated in such pension and retirement fund, the balance then remaining therein shall be paid pro rata to the employees and the city in proportion to their contributions thereto. In order to place all eligible officers and employees of said city under the benefits of such social security laws the mayor and council of said city shall have and are hereby given full power and authority to comply with and conform to any and all applicable State and Federal laws and

Page 2122

regulations and to enter into contracts and agreements with and make commitments and guarantees to any and all State and Federal agencies, officials, departments or bureaus charged with the administration of the laws and regulations applicable thereto. Said mayor and council shall have full power and authority to do any and all things necessary to secure the benefits of such social security laws for its eligible officers and employees and may levy ad valorem taxes for such purposes or use any other available funds of said city in so doing. Any ad valorem taxes which may hereafter be levied for any such purpose are hereby declared to be and shall be classed as extraordinary expenses of said city and shall be so designated in the ordinance or resolution in which the same are levied. Section 2. Be it further enacted by the authority aforesaid, that if any section or portion of this Act be declared unconstitutional or void, the remaining sections or portions thereof shall not be affected thereby and any section modified or amended by such portion of this Act so declared unconstitutional shall be and remain in full force and effect. 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. Section 4. Be it further enacted by the authority aforesaid, that the copy of the notice of intention to apply for passage of this Act and the certificate of the publisher to the effect that said notice has been published as required under the provisions of Article III, Section VII, Paragraph XV of the Constitution of this State as codified in Section 2-1915 of the Code of Georgia and as required under Section 47-801 of said Code, which said copy of notice and certificate of publisher are hereto attached, be, and the same are hereby, incorporated in and made a part of this Act. Notice of Local Legislation. In conformity and compliance with the provisions of

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Article III, Section VII, Paragraph XV of the Constitution of Georgia (ratified August 7, 1945) and which is codified as Section 2-1915 of the Code of Georgia, Annotated, of 1933 (Revised Edition), notice is hereby given that there will be introduced in the General Assembly of the State of Georgia, at its regular session for the year 1953, a local or special bill affecting the City of Fitzgerald, the title or caption of which reads as follows: An Act to amend an Act amending and revising the charter for the City of Fitzgerald and entitled: `An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes', approved August 17, 1914, and the several Acts amendatory threof, and for other purposes. This 29th day of December, 1952. A. A. Boggus, Representative from Ben Hill County. Georgia. State of Georgia, County of Ben Hill. The undersigned, S. G. Pryor, Jr., hereby certifies that he is a resident of the City of Fitzgerald in the County of Ben Hill and State of Georgia; that he is the editor and publisher of the Fitzgerald Herald; that said Fitzgerald Herald is a newspaper published and having a general circulation within the County of Ben Hill and is the newspaper in which the sheriff's advertisements for said County of Ben Hill and for the locality affected are published; that he has compared the above and foregoing copy of notice of intention to apply for local legislation affecting the City of Fitzgerald with the original notice which was published in the Fitzgerald Herald and that said copy is a true, correct and complete copy of said original notice; and that the original notice, of which the above and foregoing is a true copy, was published in the Fitzgerald Herald as provided by law.

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The undersigned further certifies that the original notice, of which the above and foregoing is a true copy, was published in the issues of the Fitzgerald Herald under dates of January 2nd, 1953, January 9th, 1953, and January 16th, 1953. The undersigned further certifies that this certificate is made for the purpose of being attached to and made a part of said local bill affecting the City of Fitzgerald upon its introduction into the General Assembly of Georgia. This 17th day of January, 1953. /s/ S. G. Pryor, Jr. S. G. Pryor, Jr. Address: Fitzgerald, Georgia Approved February 5, 1953. WHITFIELD TAX COMMISSION. No. 37 (House Bill No. 88). An Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County, Georgia; to create the office of Tax Commissioner of Whitfield County, Georgia; to provide and fix the compensation of said office; to provide that the laws of force as to tax receiver and tax collector when the provision of this Act shall become effective shall be of full force and effect as to the Tax Commissioner of Whitfield County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the giving of bonds by such officers; to provide for reports to the State; 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 on and after January 1, 1957, the offices of Tax Collector and Tax Receiver for Whitfield County, shall be and they are hereby abolished. Section 2. Be it further enacted by the authority of the aforesaid that the office of Tax Commissioner of Whitfield County, Georgia, is hereby created in lieu of said offices, and that the rights, duties, and liabilities of said office of Tax Commissioner of Whitfield County shall be the rights, duties and liabilities of the tax receiver and tax collector of said county, and that all laws applicable to said offices shall be applicable to the tax commissioner of said county, so far as the same can apply. Tax Commissioner. Section 3. Be it further enacted by the authority aforesaid, that all taxes now due and payable, and all tax fi. fas. heretofore issued by the Tax Collector of Whitfield County, Georgia, shall have full force and effect and be collectible as issued. Section 4. Be it further enacted by the authority aforesaid, that said county tax commissioner shall receive the sum of ten thousand ($10,000.00) dollars per year as his compensation as Tax Commissioner of Whitfield County, Georgia, to be paid by the County of Whitfield, out of which said Tax Commissioner shall pay his own clerical assistants. That all commissions, fees, and all other compensation allowed to the Tax Receiver and Tax Collector of Whitfield County, Georgia, after this Act becomes effective shall be paid into the treasury of Whitfield County, Georgia. Compensation. Section 5. Be it further enacted by the authority aforesaid, that the term of office of said tax commissioner shall be four (4) years, and the first election of county Tax Commissioner of Whitfield County shall be held at the general election in 1956 and the tax commissioner elected at that time shall take office on January 1,

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1957. That any vacancy thereafter in the office of tax commissioner shall be filled by appointment by the ordinary in the same manner as other county officers are appointed to fill vacancies as now provided by law. Election, term. Section 6. Be it further enacted by the authority aforesaid that before entering upon the duties of his office the said county tax commissioner shall take the oath now prescribed by law for the tax receiver and tax collector, and give the same bonds as are now or may hereafter be required of tax collectors, which bonds shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for suretyship on said bonds shall be paid out of the funds of Whitfield County, Georgia, as a part of the expense of county government. Bond. Section 7. Be it further enacted by virtue of the authority aforesaid, that said Tax Commissioner of Whitfield County be and he is hereby required to make such reports to the State authorities as are now required or may hereafter be required of tax collectors and tax receivers of this State. Reports. Section 8. Said tax commissioner shall have an office in the courthouse, which said office shall be kept open at all times except Sundays and legal holidays. Office. Section 9. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the court of last resort in this State to be unconstitutional, the whole of this Act shall not thereby become void, but only so much of the same as may be so held to be unconstitutional. Section 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. There will be introduced at the next session of the

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General Assembly of Georgia, to convene in January 1953, a local bill affecting the County of Whitfield, the caption of which is as follows: An Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County, Georgia; to create the office of Tax Commissioner of Whitfield County, Georgia; to provide and fix the compensation of said office; to provide that the laws of force as to tax receiver and tax collector when the provision of this Act shall become effective shall be of full force and effect as to the Tax Commissioner of Whitfield County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectable as issued; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the giving of bonds by such officers; to provide for reports to the State; and for other purposes. This the 5th day of November, 1952. /s/ J. R. Whitener Representative, Whitfield County, Georgia. Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia, to convene in January 1953, a local bill effecting the County of Whitfield, the caption of which is as follows: An Act to abolish the office of Tax Receiver and Tax Collector of Whitfield County, Georgia; to create the office of Tax Commissioner of Whitfield County, Georgia; to provide and fix the compensation of said office; to provide that the laws of force as to tax receiver and tax collector when the provision of this Act shall become effective shall be of full force and effect as to the Tax Commissioner of Whitfield County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act become effective and all

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tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for the giving of bonds by such officers; to provide for reports to the State; and for other purposes. This the 5th day of November 1952. J. R. Whitener Representative, Whitfield County, Georgia. Affidavit of Publication. This is to certify that the attached is a true and exact copy of a legal notice published by Rep. J. R. Whitener, of Whitfield County, Georgia, on local legislation. The advertisement appeared in eight consecutive issues of the Dalton Citizen, official organ of Whitfield County, Georgia, on November 6, 13, 20, 28, and December 4, 11, 18, 25. /s/ Mark Pace Mark Pace, Editor. Sworn to and subscribed before me, this 7th day of January, 1953. /s/ J. L. Collier, Notary Public. Approved February 5, 1953. CITY COURT OF DALTON. No. 38 (House Bill No. 90). An Act to establish the City Court of Dalton, in and for the County of Whitfield, to define its jurisdiction and power, to provide for the selection of the judge,

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solicitor and other officers and to define their power and duties, to fix the term of such officers and provide for the election of a judge and solicitor, and the appointment of other officers thereof, to fix the compensation of the judge and solicitor and other officers thereof, to provide for pleadings and practice and new trials therein, and writs of error therefrom, to fix the terms thereof, to provide for jurors therefor, to regulate the cost in certain cases, to provide for judgments at the appearance term, 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 Court of Dalton to be located in the City of Dalton, in the County of Whitfield, is hereby established and created with civil and criminal jurisdiction over the whole County of Whitfield, concurrent with the superior court to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the superior and justice court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all criminal cases of all offenses below the grade of felony committed in the County of Whitfield; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereinafter may be used in the superior courts, either under the common law or statute, including, among others, attachments, garnishment proceedings, statutory awards, proceedings against intruders and tenants holding over, partitions of personality, issues upon distress warrants, foreclosures of all liens and mortgages, except on real property. Jurisdiction. Section 2. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be elected by the qualified voters of said County of Whitfield, 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

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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 six thousand dollars per annum, which shall neither be diminished nor increased during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the County of Whitfield, and it shall be the duty of the commissioner of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. Judge. Section 3. 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 Whitfield County, for at least five years immediately preceding the appointment, or election, he shall be of good moral character, a practicing attorney with at least seven years experience. He shall before entering upon his 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 rights 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 Dalton, Whitfield County, Georgia, according to the best of my ability and understanding, agreeable to the laws and Constitution of the United States and of the State of Georgia, so help me God. Section 4. That there shall be a solicitor of said court, that no one shall be eligible to the office of said solicitor unless he be, at the time of his qualification, at least twenty-five years of age, a resident of Whitfield County for at least three years immediately preceding the appointment or election and he must have practiced law for at least three years. Said solicitor shall be elected by the qualified voters of said County of Whitfield at

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the same time and under the same conditions and rules as provided for the election of the judge of said City Court of Dalton, Whitfield County, Georgia, it shall be the duty of said solicitor to prosecute for all offenses cognizable before said city court, and to perform any and all other duties required of him as solicitor of said City Court of Dalton, Georgia. Said solicitor shall receive a salary of three thousand dollars per annum, which shall be neither diminished nor increased during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly from the treasury of Whitfield County, and it shall be the duty of the commissioner of roads and revenues of said county, or other proper officer, to make provisions annually in levying taxes for this purpose, the said solicitor shall, for his services in the Supreme Court and Court of Appeals, be paid out of the treasury of the State in the same manner as the solicitor-general of the superior courts in this State for like services rendered. The said solicitor shall receive no other compensation but may practice law in any court except said City Court of Dalton, Whitfield County, Georgia. Said solicitor, shall before entering upon his duties of his office, take and subscribe the following oath, viz.: I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as Solicitor of the City Court of Dalton, Whitfield, Georgia, and will take only my lawful salary and or fees of said office. So help me God. Said oath shall be signed and entered upon the minutes of said City Court of Dalton. Said solicitor shall be subject to all the duties and all the penalties, as are required of solicitors-general of the superior courts of said State of Georgia, so far as said duties and penalties apply to said City Court of Dalton. Solicitor. Section 5. Be it further enacted by the authority aforesaid, that said judge and solicitor shall be elected at the next general election to be held for the election of Governor of this State, and they shall take office on the first day in January, 1955, and will hold their offices for four years or until their successors are elected and qualified. The judge and solicitor shall be commissioned as

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other judges and solicitors of said State. Their election, term. Section 6. Be it further enacted by the authority aforesaid, that the clerk and his deputies of the Superior Court of Whitfield County, shall be ex-officio clerk and deputies of the said city court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering upon his duties of his office, execute a bond with good security in the sum of one thousand ($1,000.00) dollars for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy as provided in the Code for appointment of deputy clerks. Clerk and deputies. Section 7. Be it further enacted by the authority aforesaid, that the Sheriff of said City Court of Dalton, and in his official connection with said court shall be known as the Sheriff of the City Court of Dalton. Before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of two thousand dollars ($2,000.00) for his faithful discharge of the duties of his office. He shall have the same authority to appoint deputies as provided in the Code for appointment of deputy sheriffs. Sheriff. Section 8. Be it further enacted by authority aforesaid, that all the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff shall be attached to the office of Clerk of the City Court of Dalton, and to the office of Sheriff of the City Court of Dalton, respectively, and the Judge of said City Court of Dalton is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia. Their duties. Section 9. Be it further enacted by the authority aforesaid, that the clerk and sheriff of said city court shall, unless otherwise specified in this Act, they and

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their deputies shall receive for all services the same fees as are allowed by law for like services in the superior court, except they shall receive no per diem; they shall be amenable to the same processes and penalties as they are amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees. Section 10. Be it further enacted by the authority aforesaid, that the judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way, and with the same power as the judge of the superior court. Habeas corpus. Section 11. Be it further enacted by authority aforesaid, that said City Court of Dalton shall have quarterly terms, which shall be held on the third Monday in February, third Monday in May, third Monday in August and third Monday in November, and such terms shall remain open for the transaction of all business until the next succeeding term, and shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. Said court shall also meet on the third Monday of each month, when there is no quarterly term, for the purpose of trying any case in which a jury trial is not demanded, except January and July, when it shall meet for said purpose on second Mondays. Terms. The terms of such court shall be held at the courthouse in the City of Dalton, in said county of Whitfield, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless for good cause the jury is sooner discharged. The judge of said city court shall, in his discreation, hold jury trials at any time during any term of said court at the place of holding said court for the transaction of criminal or civil business, same to be in addition to the jury trials held on said third Mondays and in the nature of adjourned terms, for which said judge may, in his discretion, draw new juries or cause the same

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jury drawn for said third Mondays to attend. Said judge, may in his discretion, set cases for trial at convenient times and may proceed to hear and dispose of same after notice of parties interested. Trials. Section 13. Be it further enacted by the authority aforesaid, that suits in said city court shall in all respects be comformable to the mode of proceedings in the superior court, except as hereinafter provided, the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the Sheriff of the City Court of Dalton, or his deputies thereof. Proceedings. Section 14. Be it further enacted by the authority aforesaid, that in all matters pertaining to service, pleadings and practice, the laws governing the superior courts, where not inconsistent with this Act, and unless otherwise especially provided by this Act, shall be applicable to said city court. Pleading and practice rules. Section 15. Be it further enacted by the authority aforesaid, that the judge of said city court shall have the power and authority to hear and determine without a jury all civil causes of which the said court has jurisdiction, and to give judgment and execution therein, and to hear and determine without a jury all criminal cases of which the said court has jurisdiction, and to pass sentence thereon; provided, always, that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or his attorney, in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State, and provided further, that in criminal cases the defendant shall be represented by an attorney employed by the defendant or appointed by the court. Trials. Section 16. Be it enacted by the authority aforesaid, that all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout

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the State in the manner as judgments of the superior courts are; but property exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said City Court of Dalton, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments. Section 17. Be it further enacted by the authority aforesaid that said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court and such claims shall be tried in the same manner as claims in the superior courts. Claims to personalty. Section 18. Be it further enacted by the authority aforesaid, that claims to real property levied on under execution or other process from said city court, shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. To realty. Section 19. Be it further enacted by the authority aforesaid, that said court shall have jurisdiction of all criminal cases of misdemeanor grade arising in Whitfield County under the Public Safety Act of 1937 and made by members of the Georgia State Patrol. Public Safety Act. Section 20. Be it further enacted by the authority aforesaid, that all laws upon subjects of attachments and garnishments as to any manner whatever in superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court, returnable to said court, shall be directed to the sheriff or his deputies of the City Court of Dalton, and to all and singular the sheriffs and constables of this State, and the judge of said city court may, or any justice of the peace or notary public, may issue attachments returnable to said city court under the same laws that govern the issuing

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of attachments returnable to the superior courts. Attachments, garnishments. Section 21. Be it further enacted by the authority aforesaid, that garnishments and attachment proceedings and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior courts. Section 22. Be it further enacted by the authority aforesaid, that scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Scire facias. Section 23. Be it further enacted by the authority aforesaid, that the general laws of this State, with regard to the commencement of suits in the superior courts, defenses, setoffs, affidavits, or illegalities, arbitration, examination of parties to suits as witnesses by interrogatories, depositions, or under subpoenas, witnesses and their attendance, continuance or other matters of a judicial nature within the jurisdiction of said city court shall be applicable to said city court. Procedure. Section 24. Be it further enacted by the authority aforesaid, that the judge of said city court shall have power to cause testimony to be taken and used de bene esse and for the purpose of perpetuating testimony within the jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their office as the judge and other officers of the superior courts may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the judge of the city court shall have all the powers and authority throughout his jurisdiction of judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of the city court, so far as the

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same may be applicable, except as herein provided. Testimony, oaths, etc. Section 25. Be it further enacted by the authority aforesaid, that said City Court of Dalton shall be a court of record and shall have a seal, and the minutes, records, order and other books and files that are required by law, and rules, to be kept for the superior court shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Section 26. Be it further enacted by the authority aforesaid, that all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sale be had thereunder, under the same rules and laws regulating the same in the superior court. Judgment and execution. Section 27. Be it further enacted by the authority aforesaid, that the judge of said city court shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judge of the superior courts of this State. Judge's powers. Section 28. Be it further enacted by the authority aforesaid, that it shall be the duty of the Clerk of said City Court of Dalton to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Whitfield County, as provided from time to time for such superior court. From said copy so made, traverse jurors in said City Court of Dalton shall be drawn in the following manner: The Clerk of said City Court of Dalton shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for that purpose, from which shall be drawn twenty-four traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting, and summoning traverse and tales traverse jurors in the superior courts shall apply to the City Court of Dalton. All exemptions

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from jury duty now in force in the County of Whitfield, shall apply and be of effect in the said city court. Juries. Section 29. Be it further enacted by the authority aforesaid, that all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors, now of force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said City Court of Dalton, except when inconsistent with the provisions of this Act. Section 30. Be it further enacted by the authority aforesaid, that the twenty-four jurors drawn and summoned, as above provided, shall be empaneled, and in all cases, civil or criminal, trial by a jury of twelve shall be had in said court when so demanded, but a trial by a jury of twelve may be waived, and in the event trial by a jury of twelve is demanded the jury shall be selected in the same manner, with the same number of strikes, as selected in the superior courts. In the event trial by a jury of twelve is waived the jury shall be selected as follows: Said twenty-four jurors shall be empaneled into three panels of eight jurors each and in each case a panel of sixteen jurors shall be put on the parties and in civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes, and the State three strikes, eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case demanding a trial by jury of twelve, in civil cases, each side shall be allowed two strikes from the remaining panel of sixteen, and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel, twelve shall thus constitute the jury, this provision to apply instead of the first provision of this section with the consent of the parties. The jurors thus drawn in the regular panel, and likewise the talesman which the judge of said court is hereby empowered to have drawn and summoned instanter at any term of said court, whenever necessary to complete a panel, shall each receive the same pay that jurors are paid in Whitfield Superior

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Court, same to be paid under the rules governing the payment of superior court jurors. Strikes, size of jury, etc. Section 31. Be it further enacted by the authority aforesaid, that the sheriff of said court and with the approval of the judge, is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive for their services the same pay as bailiffs in Whitfield Superior Court. Bailiffs. Section 32. Be it further enacted by the authority aforesaid, that all cases in said City Court of Dalton shall be tried by the judge without a jury, except when a jury is demanded by the parties, such demand in civil cases to be entered in writing at the appearance term and in criminal cases upon arraignment or the call of the case for trial. A plea to the accusation shall be a waiver of jury trial, and the accused shall not thereafter have the right to recall such waiver. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Demand for jury trial; waiver. Commitment. Section 33. Be it further enacted by the authority aforesaid, that defendants in criminal cases in said City Court of Dalton shall be tried on written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor and signed by the solicitor of said city court. All the proceedings after accusation shall conform to the rules governing like cases in the superior courts except there shall be no jury trials unless demanded by the accused as hereinafter provided. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior courts. Accusations. Section 34. Be it further enacted by the authority aforesaid, that the judge of the superior court shall send down from the Superior Court of Whitfield County to

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said City Court of Dalton for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order of transmitting such cases shall be entered on the minutes of both courts, provided, that this section shall not apply to those presentments or indictments under which arrest have been made and the bond of defendant forfeited. Misdemeanor cases from superior court Section 35. Be it further enacted by the authority aforesaid, that it shall be the duty of all justices of the peace, notary publics of Whitfield County to bind over to said City Court of Dalton all persons charged with offenses committed within the limits of Whitfield County, over which said city court has jurisdiction, there to answer for said offense. Justices of the peace. Section 36. Be it further enacted by the authority aforesaid, that a writ of error shall be from said City Court of Dalton to the Supreme Court of Georgia and to the Court of Appeals of Georgia, whichever court has jurisdiction, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. Section 37. Be it further enacted by the authority aforesaid, that in all cases in said City Court of Dalton the same power and rights of parties as to waivers, pleadings of procedure or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in said superior courts. Section 38. Be it further enacted by the authority aforesaid, that the Judge of the said City Court of Dalton shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations, in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply and govern

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the same in the City Court of Dalton. All motions for new trials must be made and filed with the Clerk of the City Court of Dalton within ten days from the date of the rendition of the verdict or judgment complained of. In other respects such motion shall be governed by the ordinary rules and laws governing motions for new trials in the superior courts. New trials. Section 39. Be it further enacted by the authority aforesaid, that all suits against joint obligors, joint promissors, copartners or joint trespassers, in which any one or more resides in the County of Whitfield, may be brought in said court, whether its jurisdiction has already stated under the same rules and regulations governing such cases in the superior courts, mutatis mutandis, as to copies, second originals, returns and other matters connected with the suit. Suits against joint obligors, etc. Section 40. Be it further enacted by the authority aforesaid, that all rules of the superior court relating to continuance, motions, pleas, and practice shall be applicable to said City Court of Dalton and shall obtain therein. Procedure and practice rules. Section 41. Be it further enacted by the authority aforesaid, that all rules of practice and procedure in the City Court of Dalton shall be governed by the ordinary rules and laws, governing the practice and procedure for the superior courts of the State of Georgia, and that all pleadings and trials of causes therein shall be the same as in the superior courts unless otherwise provided in this Act. Section 42. Be it further enacted by the authority aforesaid, that all demurrers, pleas and answers shall be governed by the same rules and practice and procedure as is now provided in the superior courts, unless otherwise provided in this Act. Section 43. Be it further enacted by the authority aforesaid, that whenever the judge of said City Court of Dalton is, from any cause, disqualified from presiding, and the judge of the superior court cannot, from any

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cause preside in said court, as provided in the Constitution, then, upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. The judge may secure the services of any judge of any constitutional city court of the State to preside in such disqualified cases should he deem advisable to do so. Judge, pro hac vice. Section 44. Be it further enacted by the authority aforesaid, that in case of the absence of the judge of said City Court of Dalton and at any term thereof the sheriff or clerk of said court may adjourn it to such time as the judge may, in writing, direct, or if no directions be given the court shall stand open and as provided for in Section 12 of this Act. Adjournment for absence of judge. Section 45. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from cases tried in said City Court of Dalton shall be paid out by order of the judge of said city court, and shall be paid in the same manner as provided by law for fines and forfeitures arising in the superior courts. Fines and forfeitures. Section 46. Be it further enacted by the authority aforesaid, that the judge of said court may appoint an official stenographer for said court who shall report such cases as the court may require. He shall receive the same fees as allowed for similar service in the superior court, and which shall be taxed and enforced as in the superior court. Report of cases. Section 47. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of the County of Whitfield, shall provide a suitable place in the courthouse in the City of Dalton for the holding of said court, and provide the necessary books for keeping the dockets, minutes and records of said City Court of Dalton. Place of court. Section 48. Be it further enacted by the authority aforesaid, that for any reason any portion of this Act

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shall be held by the court of last resort in this State to be unconstitutional or invalid, the whole of this Act shall not therefore become void, but only so much of the same as may so held to be unconsitutional or invalid. Section 49. The question of whether this Act shall become effective shall be submitted to the qualified voters within Whitfield County. Within sixty days after the passage of this Act, it shall be the duty of the Ordinary of Whitfield County to issue a call for a special election by the qualified voters of Whitfield County, said election to be held in not less than twenty nor more than thirty days after the issuance of the call. The ballots shall have printed thereon the words: For an Act to establish the City Court of Dalton Whitfield County, and Against an Act to establish the City Court of Dalton Whitfield County. If a majority of the qualified voters voting in said election shall so certify, and the Act shall become effective on the first day of January, 1955. If a majority of the voters voting in said election shall vote against the Act, the ordinary shall so certify and the Act shall not become effective. Referendum. Section 50. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia, to convene January 1953, a local bill effecting the County of Whitfield, the caption of which is as follows: An Act to establish the City Court of Dalton, in and for the County of Whitfield, to define its jurisdiction and powers, to provide for the selection of the judge, solicitor and other officers and to define their powers and duties, to fix the term of such officers and provide for the election of a judge and solicitor, and the appointment of other officers thereof, to fix the compensation of the judge and solicitor and other officers thereof, to provide

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for pleadings and practice and new trials therein, and writs of error therefrom, to fix the terms thereof, to provide for jurors therefor, to regulate the cost in certain cases, to provide for judgments at the appearance term, and for other purposes. This the 5th day of November, 1952. /s/ J. R. Whitener, Representative, Whitfield County, Georgia. Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia, to convene January 1953, a local bill affecting the County of Whitfield, the caption of which is as follows: An Act to establish the City Court of Dalton, in and for the County of Whitfield, to define its jurisdiction and powers, to provide for the selection of the judge, solicitor and other officers and to define their powers and duties, to fix the term of such officers and provide for the election of a judge and solicitor, and the appointment of other officers thereof, to fix the compensation of the judge and solicitor and other officers thereof, to provide for pleadings and practice and new trials therein, and writs of error therefrom, to fix the terms thereof, to provide for jurors, therefore to regulate the cost in certain cases, to provide for judgments at the appearance term, and for other purposes. This the 5th day of November, 1952. J. R. Whitener, Representative, Whitfield County, Georgia. Affidavit of Publication. This is to certify that the attached is a true and exact copy of a legal notice published by Rep. J. R. Whitener

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of Whitfield County, Georgia, on local legislation. The advertisement appeared in eight consecutive issues of the Dalton Citizen, official organ of Whitfield County, Georgia, on November 6, 13, 20, 28, and December 4, 11, 18, 25. /s/ Mark Pace Mark Pace, Editor. Sworn to and subscribed before me, this 7th day of January, 1953. /s/ J. L. Collier, Notary Public. Approved February 5, 1953. WHITFIELD COMMISSIONERS. No. 39 (House Bill No. 89). An Act to amend an Act to create the office of Commissioner of Roads and Revenue for the County of Whitfield, approved July 27, 1929, and the Act amendatory thereof; to provide for the election of the commissioner and to provide for competitive bids for the purchase of materials and supplies by the commissioner; to fix the compensation of the commissioner of roads and revenue; to provide for a clerk of said commissioner; to provide for the appointment of a county attorney and an advisory board to serve with said commissioner, and to fix their duties; to repeal all laws in conflict with this Act and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act, the Act creating the office of the Commissioner of Roads and Revenue of the County of Whitfield, approved July 27, 1929, which Act became effective by reason of the ratification by voters of said county at the general election

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in 1930, of an Act approved July 27, 1929, (Ga. Laws, 1929, pp. 776 and 777), repealing as far as Whitfield County is concerned an Act creating a Board of Commissioners of Roads and Revenue for the Counties of Whitfield, Murray and Hall, be, and the same is hereby amended as follows: Act of 1929 amended. Section 2. Be it enacted, that no person shall be eligible as a candidate for the office of commissioner as the nominee of any political party holding a primary election for said office in said county, who shall not have received in said primary election, or in a subsequent run-off election, as provided by the political party holding said primary, a majority of the votes cast in such primary election, or subsequent run-off election. Candidacy of commissioner. Section 3. That before purchasing any materials, supplies, or equipment at any one time in excess of the estimated value of one thousand dollars ($1,000.) said commissioner shall be required to receive bids and accept the purchase of materials, supplies or equipment of the lowest and best bidder, leaving it to the discretion of the commissioner to accept at all times the best bid. Invitations for bids shall be given by posting notice before the courthouse door, or in a newspaper having general circulation as to the commissioner, may seem expedient or best, said invitations for bids shall set forth therein a general description of materials, supplies and equipment and designate the place of delivery. Said commissioner shall receive all bids, yet reserving the right and privilege to reject any and all bids as in his discretion he may deem best, and to accept such bids as he may deem, in his discretion, for the best interest of the county. Provided, however, that in the purchase of any war materials or war surplus materials that amy be disposed of by the United States Government or any governmental agency or the State, that it shall not be necessary to receive bids, but the commissioner be, and he is hereby, vested with full authority, power and discretion to act for the county. This provision shall also apply to any emergency or unforeseen contingency which may arise in the operation of the county's affairs. Purchases.

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Section 4. Section 9 of said Act as amended, is hereby stricken in its entirety and the following substituted in lieu of said section: Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be seven thousand five hundred dollars ($7,500.) per annum, to be paid at the rate of six hundred twenty-five dollars ($625.) per month, at the end of each calendar month. Commissioner's compensation. Section 5. That Section 27 of said Act is hereby stricken in its entirety and the following section substituted in lieu of said section: Be it further enacted by the authority aforesaid, that said commissioner shall employ a clerk for the purpose of keeping all records, books and matters of said commissioner's office, and display them or publish them as may be directed by said commissioner, for the information of the general public, and the compensation of said clerk shall be fixed by the commissioner. Clerk. Section 6. That Section 12 of said Act is hereby stricken in its entirety and the following section substituted in lieu thereof: Be it further enacted by the authority aforesaid that said commissioner shall have the authority to employ a competent attorney at law or firm of attorneys at law, to advise him and represent the county in any litigation which may arise in which said county is a party. Said attorney or firm of attorneys, shall advise said commissioner on all legal matters in which the county may be concerned, or upon any county matters upon which the commissioner may need legal advice. Whenever it is deemed necessary, said commissioner may employ additional counsel to assist the county attorney. The compensation of said county attorney shall be fixed by the commissioner. County attorney. Section 7. Be it further enacted that the grand jury of Whitfield County, empanelled at the first term of

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superior court held after the passage of this Act shall appoint three (3) citizens of Whitfield County as an advisory board to said commissioner of roads and revenues, which board shall serve until January 1, 1957, or until their successors shall be chosen, as herein provided. Said board shall serve in an advisory capacity to said commissioner of roads and revenue and the members thereof shall be citizens having the same qualifications as provided by Section 3 of the Act approved July 27, 1929, fixing the qualifications of said commissioner. It shall be the duty of said advisory board to meet with said commissioner at his office once each month on a day fixed by the commissioner and the members of said board shall advise with said commissioner about county affairs and make recommendations to him which shall be entered on the minutes of said commissioner. However, said advisory board shall exercise no control over said commissioner or said county or its affairs and on any question coming before the advisory board, the judgment and decision of the commissioner shall be final and binding, and all county officers shall be managed by the commissioner selected as provided in said Act of July 27, 1929, whose duties and responsibilities shall be as therein stated, except as herein amended. Advisory board. Be it further enacted that said advisory board, with or without the concurrence of the commissioner, shall employ at the expense of the county, a certified public accountant to make a full and complete audit of the affairs of the county, once in each year. Said audit shall disclose the receipts and disbursements of all public funds and shall be submitted to the grand jury at the April term of the superior court of each year for its consideration. A summary thereof shall be published and a true copy of the audit shall be filed in the office of the clerk of the superior court as a public record. Said publication shall be in addition to any other required by law. Audits. Any vacancy caused by death, resignation or otherwise on said board shall be filled by the first grand jury empanelled subsequently to the occurring of said vacancy. At the expiration of the term of said advisory board, their

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successors shall be chosen each four (4) years by the first grand jury empanelled after January 1 in said years. The members of said advisory board shall receive a per diem of ten dollars ($10.00) each for each day attending the meetings of said board, but shall draw no other compensation from said county, and no member of the advisory board may be an employee of Whitfield County, nor related to said commissioner. Vacancies on board. Per diem. Section 8. Be it further enacted by the authority aforesaid, that all laws or parts of law in conflict with this section 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 1953, a local bill effecting the County of Whitfield, the caption of which is as follows: An Act to amend an Act to create the office of Commissioner of Roads and Revenue for the County of Whitfield, approved July 27, 1929, and the Act amendatory thereof; to provide for the election of the commissioner and to provide for competitive bids for the purchase of materials and supplies by the commissioner; to fix the compensation of the commissioner of roads and revenue; to provide for a clerk of said commissioner; to provide for the appointment of a county attorney and an advisory board to serve with said commissioner, and to fix their duties; to repeal all laws in conflict with this Act and for other purposes. This 5th day of November, 1952. /s/ J. R. Whitener, Representative, Whitfield County, Georgia. Notice of Local Legislation. There will be introduced at the next session of the

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General Assembly of Georgia, to convene in January, 1953, a local bill effecting the County of Whitfield, the caption of which is as follows: An Act to amend an Act to create the office of Commissioner of Roads and Revenue for the County of Whitfield, approved July 27, 1929, and the Act amendatory threreof; to provide for the election of the commissioner and to provide for competitive bids for the purchase of materials and supplies by the commissioner; to fix compensation of the commissioner of roads and revenues; to provide for a clerk of said commissioner; to provide for the appointment of a county attorney and an advisory board to serve with said commissioner, and to fix their duties; to repeal all laws in conflict with this Act and for other purposes. This 5th day of November, 1952. J. R. Whitener, Representative, Whitfield County, Georgia. Affidavit of Publication. This is to certify that the attached is a true and exact copy of a legal notice published by Rep. J. R. Whitener of Whitfield County, Georgia, on local legislation. The advertisement appeared in eight consecutive issues of The Dalton Citizen, official organ of Whitfield County, Georgia, on November 6, 13, 20, 28, and December 4, 11, 18, 25. /s/ Mark Pace Mark Pace, Editor. Sworn to and subscribed before me, this 7th day of January, 1953. J. L. Callier, Notary Public. Approved February 5, 1953.

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ATLANTA CHARTER AMENDMENT. No. 40 (Senate Bill No. 9). 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 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 intention to apply for the passage of this local bill has been published in the newspaper 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, 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 and General Council of the City of Atlanta are hereby authorized to sell the twenty-inch steel water main of the Atlanta Water Works from a point in Fulton County on the east bank of the Chattahoochee River and running along the west side of the four-lane highway between Atlanta and Marietta to the entrance to the Lockheed Aircraft Corporation project in Cobb County. Sale of water main. Section 3. Such sale may be made at such price and on such terms as may be authorized by the Mayor and General Council of the City of Atlanta. Terms. Section 4. The proceeds of such sale shall be earmarked

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and used only for the purpose of improving or expanding the Atlanta water works system. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 5, 1953. ATLANTA LIMITS EXTENDED. No. 41 (Senate Bill No. 5). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled 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. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. That the corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all of the following described territory:

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Beginning at a 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 corporate limits of the City of Hapeville; thence northerly and following the said corporate limits of the City of Hapeville, to the point where said limits intersect the east line of the corporate limits of the City of East Point; thence northerly and following the 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 lines 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 corporate limits of the City of Atlanta as they existed on January 1, 1951; thence westerly and following the said

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corporate limits of the City of Atlanta to the point of beginning. Limits extended. 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 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 police department, city tax assessors and receivers, building inspector, treasurer, clerk of council, 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. When the territory described in Section 2, above, become a part of the City of Atlanta, it shall likewise become a part of the independent school system of Atlanta, and the school property located within said territory shall become the property of said city. Schools. Section 5. For the year 1953 only, said described territory shall be divided into three separate and distinct wards for the City of Atlanta as follows: Ward 7 shall include all of the described territory lying east of Peachtree Road and Roswell Road; Ward 8 shall include all of the annexed territory west of Peachtree and Roswell Roads and north of Simpson Road, Collier Drive and

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Gordon Road; and Ward 9 shall include all other territory annexed to the City of Atlanta by this Act. Wards. Section 6. The members of the municipal governing authorities added by this amendment must be elected by a majority vote of the qualified voters of the political subdivision voting in any election as may be provided by law to fill such offices. Election of council members. Section 7. 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. Section 8. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 5, 1953. WARRENTON CHARTER AMENDMENTS No. 43 (House Bill No. 143). An Act to provide a term of two years for each member of the council, also called commission, of the City of Warrenton, Georgia, to be elected on the second Wednesday in December of the odd years, beginning December 1953; and to elect a Mayor of the City of Warrenton, Georgia, and provide a four year term, with the first election on the second Wednesday in December 1953, and every four years thereafter; to provide that the members of the council or commission and the mayor shall be eligible to succeed to another and other term or terms; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly

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of the State of Georgia: Section 1. That on and after the passage of this Act that the five members of the council or commission of the City of Warrenton, Georgia, shall be elected, from among the citizens of the City of Warrenton, Georgia, who shall have resided therein at least twelve months, biennially, for a term of two years, which first term shall commence on January 1, 1954 and run for two calendar years, or until their successor is elected and qualifies. The first election hereunder shall be held on the second Wednesday in December 1953, and thereafter on the second Wednesday of every odd year. In this and all other elections held in the City of Warrenton, Georgia, the clerk's office shall prepare a list of the qualified and registered voters, in conjunction with the Tax Collector of Warren County, Georgia, which list shall be prepared at least thirty days before the election, and any person whose name does not appear on said list of qualified and registered voters shall not be permitted to vote in said election. This law requires that a person be registered and qualified at least thirty days prior to any City of Warrenton election in which said person seeks to cast a ballot. Election of councilmen. Section 2. The office of Mayor of the City of Warrenton, Georgia, shall be filled by a resident of the City of Warrenton, Georgia, and shall be for a term of four years, commencing on the 1st day of January 1954, and running for four years or until his successor is elected and qualifies. The first election for a four year term shall be on the second Wednesday in December, 1953, and every four years thereafter on the second Wednesday in December. Election and term of mayor. Section 3. There shall be no limit on the number of terms that a member of the council or commission, or the mayor, may serve. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed.

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State of Georgia, County of Warren. Personally appeared before the undersigned attesting officer, Alva L. Haywood, who after being duly sworn, on oath deposes and says that he is the owner and publisher of the Warrenton Clipper, the official news organ of, and published in, Warren County, Georgia; that the Notice of Intention to Apply for the Passage of a Local Bill, a copy as printed is hereto attached, was duly published in the said newspaper on the: 21st day of November, 1952, 28th day of November, 1952, 5th day of December, 1952, and 2nd day of January, 1953, and 9th day of January, 1953. /s/ Alva L. Haywood Alva L. Haywood Sworn to and subscribed before me, this 17th day of January, 1953. C. L. Pilcher, Notary Public. Notice of Intention to Apply for Local Legislation. Georgia, Warren County. Notice is hereby given by the Mayor and Council of the City of Warrenton, Georgia, that the City of Warrenton, Georgia, intends to apply for the passage of local legislation at the next session of the General Assembly of the State of Georgia, which convenes on January 12, 1953, by applying for the passage of the following Act: An Act to be entitled an Act to provide a term of two years for each member of council, also called commission, of the City of Warrenton, Georgia, to be elected on the second Wednesday in December of the odd years, beginning December, 1953; and to elect a Mayor of the City of Warrenton, Georgia, and to provide a four year term, with the first election on the second Wednesday in December, 1953, and every four years thereafter; to provide that the members of the council or commission and the

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mayor shall be eligible to succeed to another and other terms; to repeal conflicting laws; and for other purposes. This the 3rd day of November, 1952. James F. Clary, Mayor, City of Warrenton, Ga. Dewey Jackson, Clerk, City of Warrenton, Ga. Nov. 21, 28, Dec. 5, Jan. 2, 9. Approved February 5, 1953. BALDWIN CHARTER AMENDMENTS. No. 44 (House Bill No. 91). An Act to amend an Act creating a new charter for the Town of Baldwin in the Counties of Banks and Habersham, State of Georgia, approved August 3, 1923 (Ga. Laws 1923, pp. 448-494), so as to confer upon the Town of Baldwin the right, power and authority to sell and distribute water without its corporate limits; to contract with and buy water from any municipal corporation, or any other corporation, or from any individual, firm or partnership for a term of years; to contract with and hire, rent or purchase from any municipal corporation, the use of its fire fighting equipment, personnel and facilities for the purpose of preventing and combatting fires within the Town of Baldwin for a term of years; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the Town of Baldwin in the counties of Banks and Habersham, State of Georgia, approved August 3, 1923 (Ga.

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Laws 1923, pp. 448-494), is hereby amended by adding to Section 96 of said Act a new subsection to be known and designated as (i) and to read as follows: Sec. 96, Act of 1923, amended. (i) The Town of Baldwin, acting by and through its mayor and council, shall have the right, power and authority to sell and distribute water to any person, firm or corporation from its water lines and mains lying without the corporate limits of said municipality. The Town of Baldwin, acting by and through its mayor and council, shall have the right, power and authority to contract with and buy water from any municipal corporation, or any other corporation, or from any individual, firm or partnership, for any term not exceeding thirty (30) years. Water system. Section 2. Said Act is further amended by adding to Section 96 a new subsection to be known and designated as (j) and to read as follows: (j) The Town of Baldwin, acting by and through its mayor and council, shall have the right, power and authority to contract with and hire, rent or purchase from any municipal corporation, the use of its fire fighting equipment, personnel and facilities for the purpose of preventing and combatting fires within the Town of Baldwin for any term not exceeding thirty (30) years. Fire protection. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Habersham County. I, Charles T. Graves, publisher and editor of the Tri-County Advertiser, the newspaper in which the sheriff's advertisements for Habersham County, Georgia are published, do hereby certify under oath that the attached notice of intention to apply for local legislation concerning the Town of Baldwin, a municipality of said State and county, was published once a week for three weeks in said newspaper upon the 18th and 25th days of December,

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1952, and 1st day of January, 1953. /s/ Charles T. Graves. Sworn to and subscribed before me, this 10th day of January, 1953. /s/ Sam Kimzey, N. P. Notary Public. (Seal). Notice of Local Legislation. Georgia, Habersham County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which will convene in January, 1953, for the passage and approval of a bill entitled as follows: An Act to amend an Act creating a new charter for the Town of Baldwin in the Counties of Banks and Habersham, State of Georgia, approved August 3, 1923, (Ga. L. 1923, pp. 448-494), so as to confer upon the Town of Baldwin the right, power and authority to sell and distribute water without its corporate limits; to contract with and buy water from any municipal corporation, or any other corporation, or from any individual, firm or partnership for a term of years; to contract with and hire, rent or purchase from any municipal corporation, the use of its fire fighting equipment, personnel and facilities for the purpose of preventing and combatting fires within the Town of Baldwin for a term of years, and for other purposes. This the 17th day of December, 1952. T. Sidney Blackburn, Representive-Elect, Habersham County, Georgia. Approved February 5, 1953.

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CITY COURT OF ALBANYSALARIES. No. 45 (House Bill No. 120). An Act to amend an Act establishing the City Court of Albany in and for the County of Dougherty approved December 16, 1897 (Acts of 1897, p. 408), and Acts amendatory thereof, so as to provide for a change in the salaries of the Judge and Solicitor of the City Court of Albany 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 establish the City Court of Albany in and for the County of Dougherty; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes approved December 16, 1897 and Acts amendatory thereof, be and the same are hereby amended so as to provide that the Judge of the City Court of Albany shall receive a salary of seventy-five hundred dollars ($7500.00) per annum for his services, to be paid monthly out of the treasury of said county in equal monthly installments. Judge's salary. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that said Act approved December 16, 1897, and the Acts amendatory thereof, be, and the same are hereby amended so as to provide that the Solicitor of the City Court of Albany shall receive a salary of forty-two hundred ($4200.00) dollars per annum for his services, to be paid monthly out of the treasury of said county in equal monthly installments. Solicitor's salary. Section 3. Attached hereto and made a part hereof is a copy of a notice of intention to apply for the passage of this local bill, properly certified as required by law. Section 4. This Act shall become effective March 1, 1953.

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Section 5. All laws or parts of laws in conflict herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1953 session of the General Assembly of Georgia a bill to increase the salaries of the Judge and Solicitor of the City Court of Albany, Dougherty County, Georgia. /s/ G. Stuart Watson, Representative, Dougherty County. /s/ B. C. Gardner, Jr. Representative, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and does further certify that an exact copy of the above notice was published in the Albany Herald on Dec. 15, 22, 29, 1952. This 14th day of January, 1953. /s/ James H. Grey. Sworn to and subscribed before me, this 14th day of January, 1953. /s/ Barbara Jones, N. P., Dougherty County, Ga. (Seal). Approved February 5, 1953.

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FINES IN TRAFFIC CASES IN CERTAIN COUNTIES. No. 46 (House Bill No. 118). An Act to provide for the disposition of fines involved in traffic cases in the court of ordinary in those counties having a population of not less than 7500 and not more than 7600, according to the United States census of 1950, and any future census; to provide for the disposition of moneys presently in the insolvent cost fund of such counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. In all counties having a population of not less than 7500, nor more than 7600, according to the United States census of 1950, or any future census, where a fine is levied in any traffic case in the ordinary's court, the cost in such case shall first be paid from such fine. In cases where a fine of not more than seventy-five ($75.00) dollars is involved, after the costs are paid, one-third ([UNK]) of the remainder of such fine shall be paid to the ordinary, one-third ([UNK]) shall be paid to the sheriff, and one-third ([UNK]) shall be paid into the general funds of the county. In cases involving fines in excess of seventy-five ($75.00) dollars, the same ratio shall apply up to and including the amount of seventy-five ($75.00) dollars, but the amount in excess of seventy-five ($75.00) dollars shall be paid into the general funds of the county. Distribution. Section 2. In said counties, the present insolvent cost fund which originated in the ordinary's court shall be divided by paying one-third ([UNK]) to the ordinary who was in office at the time such fund was accumulated, one-third ([UNK]) to the sheriff, and one-third ([UNK]) into the general funds of the county. The authority in such county who is authorized to disburse county funds is hereby authorized and directed to disburse the money in the insolvent cost fund in the manner set out herein. Insolvent.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 5, 1953. CRAWFORD COMMISSIONERSAMENDMENTS. No. 47 (House Bill No. 117). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Crawford County and defining their powers and duties to be, approved March 2, 1874 (Ga. Laws 1874, pp. 339, 340), as amended by an Act of the General Assembly approved February 26, 1875 (Ga. Laws 1875, p. 250), and as further amended by the General Assembly by an Act approved October 3, 1879 (Ga. Laws 1879, pp. 366, 367); and as further amended by the General Assembly by an Act approved February 22, 1943 (Ga. Laws 1943, pp. 909, 910, 911, 912, 913); and any and all other Acts amending said Act creating the Board of Commissioners of Roads and Revenues of Crawford County and defining their powers and duties, approved March 2, 1874 (Ga. Laws 1874, pp. 339, 340) as aforesaid; to strike from Section Six (6) of the Act creating said Board of Commissioners of Roads and Revenues for the County of Crawford, approved March 2, 1874, (Ga. Laws 1874, pp. 339, 340) the provision that the salary of the clerk employed by the board shall not exceed twenty-five dollars ($25.00) per annum and the further provision that the term of office of said clerk shall be equal to that of the Board of Commissioners of Roads and Revenues of Crawford County selecting him; to strike from the Act approved October 3, 1879 as aforesaid (Ga. Laws 1879, pp. 366-367) all of Section Three (3) thereof, which provides that the members of the Board of Commissioners of Crawford County shall receive the sum of three dollars ($3.00) per day for every day in which they are actually engaged in the performance of their duties; to provide that the Board of

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Commissioners of Crawford County may employ a clerk, whose salary shall not exceed the sum of seventy-five ($75.00) dollars a month or nine hundred ($900.00) dollars per annum; to provide that said clerk shall be employed at the discretion of the said Board of Commissioners of Crawford County, or a majority of said board, who may employ and discontinue the employment of said clerk at their will and pleasure, and that said clerk shall have no fixed term of office; to provide that each member of said board of commissioners of roads and revenues shall receive the sum of eight dollars ($8.00) per day for every day in which they are actually engaged in the performance of their duties, and which said eight dollars ($8.00) dollars per day per diem shall not include legitimate expenses outside the County of Crawford on legitimate county business, but shall be in addition thereto; to provide for payment to said Commissioners of Roads and Revenues of Crawford County for legitimate expenses outside said county on county business, and for 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 creating the Board of Commissioners of Roads and Revenues of the County of Crawford, defining their powers and duties, approved March 2, 1874 (Ga. Laws 1874, pp. 339, 340) is hereby amended by striking from Section Six (6) of said Act the following words: Sec. 6, Act of 1874, amended. The board may employ a clerk, whose salary shall not exceed twenty-five dollars per annum Section 2. The Act entitled An Act to Amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Crawford, approved March 2, 1874, approved October 3, 1879 (Ga. Laws 1879, pp. 366, 367) is hereby amended by striking from said Act approved October 3, 1879, all of Section

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Three (3) thereof, as follows: Sec. 3 amended. Section 3. That said Act be, and the same is hereby further amended by inserting, after the words `jury duty' in the second line of the sixth section thereof the words `and shall receive the sum of three dollars per day for every day in which they are actually engaged in the performancs of their duties herein imposed' Section 3. The Act creating the Board of Commissioners of Roads and Revenues of the County of Crawford, defining their powers and duties, approved March 2, 1874 (Ga. Laws, 1874, pp. 339, 340), is hereby amended by striking from Section Six (6) of said Act the following words, which said words refer to the Clerk of the Board of Commissioners of Crawford County: and whose term of office shall be equal with that of the board selecting him. Sec. 6 amended. Section 4. The Act creating the Board of Commissioners of Roads and Revenues of the County of Crawford, approved March 2, 1874 (Ga. Laws 1874, pp. 339, 340), as heretofore amended by all Acts amendatory thereof, is further amended hereby by adding thereto the following sections: Section 7-A. The board of commissioners may employ a clerk, whose duties shall be as now provided by law; and whose salary shall not exceed the sum of seventy-five ($75.00) dollars per month, or nine hundred ($900.00) dollars per annum. Clerk. Section 7-B. The said clerk of said Board of Commissioners of Roads and Revenues of Crawford County shall be employed at the discretion of said board, or a majority thereof, who may, through said majority of said board, employ and discontinue the employment of said clerk at their will and pleasure; and said clerk shall have no fixed term of office. Section 7-C. Each member of said board of commissioners of roads and revenues shall receive the sum of

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eight dollars ($8.00) per day for every day in which they are actually engaged in the performance of their duties. Said per diem of eight dollars per day shall not include legitimate expenses outside the County of Crawford on county business, but shall be in addition thereto. Compensation of members. Section 7-D. Said commissioners of roads and revenues shall receive payment, from county funds, for legitimate expenses incurred by them outside said county on county business. Section 5. Be it further enacted that, if any portion, word, sentence, clause, or section of this Act shall be for any reason invalid, or in violation of any provision of the State or Federal Constitution, such invalid portion shall in no wise affect the remaining portions of this Act. Section 6. Be it further enacted that all Acts, or parts of Acts, in conflict with this Act, are hereby repealed. Section 7. 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 said Constitution; and both the notice and the certificate of said publisher are attached hereto and are expressly made a part hereof. Notice of Intention to Apply for Local Legislation. Notice is hereby given to the public that the undersigned will introduce at the 1953 session of the General Assembly of Georgia a local bill for Crawford County which will amend the Act creating the Board of Commissioners of Roads and Revenues of the County of Crawford approved March 2, 1874 (Ga. Laws of 1874, pp. 339, 340), and the several Acts of the said General Assembly which amend said Act, so as to repeal the provision of said original Act which provides that the salary of the clerk employed by the said board shall not exceed the sum of twenty-five dollars per annum, and to provide that said board may employ a clerk whose salary shall

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not exceed the sum of seventy-five dollars per month or nine hundred dollars per annum: and also to repeal a provision in said Act approved March 2, 1874 aforesaid which provides that the clerk of said board shall have the same term of office as that of the board selecting him: and also to repeal a provision of the Act approved October 3rd, 1879 (Ga. Laws of 1879, pp. 366, 367), which provides that the members of the board receive the sum of three dollars per day for every day in which they are actually engaged in the performance of their duties: and also to provide that said members shall receive the sum of eight dollars per day for every day in which they are actually engaged in the performance of their duties in addition to legitimate expenses incurred outside the county on county business and also to provide that the Clerk of said Board of Commissioners of Roads and Revenues of the County of Crawford shall hold office at the pleasure of said board and be subject to removal by said board or a majority thereof: and also to provide that said Commissioners of Roads and Revenues of Crawford County be paid their legitimate expenses incurred while outside the county on county business: and for other purposes. This December 12th, 1952. /s/ R. Clifton Murphey, Representative of Crawford County, Georgia in the General Assembly of Georgia. 12-19-52 12-26-52 1-2-53. Georgia, Crawford County. Before me, the undersigned officer authorized by law to administer this oath, and all other oaths, personally came Mrs. Annie Moncrief, who, being duly sworn, says that she is the editor and publisher of The Georgia Post, legal organ for the County of Crawford for the year 1952

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and for the year 1953; and that the foregoing Notice of Intention to Apply for Local Legislation was published in said paper on December 19, 1952, on December 26th 1952, and on January 2, 1953. /s/ Annie Moncrief. Sworn to and subscribed before me, this January 10, 1953. /s/ S. C. Chambliss, J. P. (Seal). Approved February 5, 1953. LAKELAND CHARTER AMENDMENTS. No. 48 (House Bill No. 124). An Act to amend an Act incorporating the City of Lakeland, approved August 11, 1925 (Ga. Laws 1925, p. 1217), as amended, so as to provide for certain procedure relating to the registration of voters; to provide for the condemnation of property for cemetery purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the City of Lakeland, approved August 11, 1925 (Ga. Laws 1925, p. 1217), as amended, is herey amended by adding a new paragraph to Section 14, relating to the registration of voters, which paragraph shall read as follows: Sec. 14, Act of 1925, amended. Any other provisions of this section or of this Act to the contrary notwithstanding, any person who is on the registration list shall not be required to re-register each year, unless such person becomes disqualified to vote, in which event such person in order to vote, after

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once again becoming qualified, must register again. Registration of voters. Section 2. Said Act, as amended, is further amended by adding after the word city in line eight of Section 37 the words or for cemetery purposes, so that section 37 when so amended shall read as follows: Sec. 37 amended. Sec. 37. Be it further enacted, that the City Council of Lakeland, in the name of the city, shall have full power and authority for or to condemn any land, pond, lake, dam, stream or premises within or without the corporate limits of the City of Lakeland whether private public or semi-public, for the purpose of establishing and maintaining a system of waterworks, sewerage and electric lights, or any of them, for said city, or for cemetery purposes, or for the purpose of maintaining, extending, enlarging or improving them or any of them; or for any other corporate use or purpose; and for either or all of said purposes; provided however, that whenever the right to condemn such lands, pond, lake, dam, stream, or premises herein granted to be exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use, as contained in Article 1, Chapter 9 of the Code of Georgia, of 1910, beginning with Section 5206 thereof, and embracing all sections following the same having reference to condemnation of private property for public use, and as provided by Acts amendatory thereof, and such other provisions of the Constitution and general laws of the State as may be applicable thereto. Eminent domain. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. We hereby give notice as required by law of our intent to pass legislation in the January session of the Georgia legislature affecting and making changes in the charter of the City of Lakeland.

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W. S. Moorman, Senator, John W. Greer, Representaive. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who, on oath, deposes and says that he is Representative from Lanier County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lanier County News, which is the official organ of Lanier County, on the following dates: December 25, 1952, January 1, 1953 and January 8, 1953. /s/ John W. Greer, Representative, Lanier County. Sworn to and subscribed before me, this 13th day of January, 1953. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Approved February 5, 1953. WRIGHTSVILLE CHARTER AMENDMENTS. No. 49 (House Bill No. 121). An Act to amend an Act approved August 18, 1923, (Acts of 1923, pp. 840 to 857) creating a new charter for the City of Wrightsville and the several Acts amendatory thereof, to provide for a two year term of office for the mayor; to provide for an increase in salary for the mayor and councilmen of said city; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act, approved August 18, 1923, creating a new charter for the City of Wrightsville, is hereby amended as follows: By striking Section 1, of said Act and inserting in lieu thereof the following as Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the municipal government of the City of Wrightsville, shall consist of a mayor and three councilmen who are hereby constituted a body corporate under the name and style of The Mayor and Council of Wrightsville, and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have a common seal, make contracts, hold, possess, by purchase or gift, and shall have the right to purchase and sell for the use of said city, real estate and personal property and to sue and be sued. Mayor and councilmen. Section 2. Be it further enacted by the authority aforesaid, that said Act be additionally amended by striking Section 3 of said Act, and inserting in lieu thereof the following as Section 3. Be it further enacted by the authority aforesaid, that the officers of said City of Wrightsville shall comprise a mayor and three councilmen. The mayor to hold office for a term of two years and until his successor is elected and qualified, and the councilmen to hold their office for a term of two years, and until their successors are elected and qualified. Section 3. Be it further enacted by the authority aforesaid that said Act shall be further amended by striking Section Four of said Act, and inserting in lieu thereof the following as Section 4. Be it further enacted by the authority aforesaid that an election shall be held at the city hall in the City of Wrightsville, Georgia, on the first Tuesday in November,

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1953, next, and every two years thereafter for the election of a mayor and three councilmen, that said election shall be opened at seven o'clock a. m. and shall close at six o'clock p. m., same to be held under the superintendence of a justice of the peace and two freeholders who reside in said city or by three freeholders who reside in said city under the form, rules and regulations prescribed by law for the election of members of the General Assembly of said State in so far as they are applicable to such elections, and do not conflict with the rules herein prescribed. Their election. Section 4. Be it further enacted by the authority aforesaid, that said Act shall be further amended by striking Section 19 of said Act, and inserting in lieu thereof the following as Section 19. Be it further enacted by the authority aforesaid that the mayor and council shall have the power to organize a mayor's court and the mayor or acting mayor shall preside therein and shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by laws, rules and regulations of said city, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of one hundred dollars or imprisonment in the guardhouse or labor on the city chaingang of said city not to exceed ninety days, together with the costs of the trial, which judgment may be made in the alternative in the discretion of the mayor. It shall be the duty of such mayor to act as the presiding officer of the council or the mayor pro tem., in his absence, when in session, and look after the promotion of the peace and good order and the enforcement of the ordinances, by laws, rules and regulations of said city, and upon investigation of the case it should appear that some law of this State has been violated, it shall be the duty of the mayor, or acting mayor to commit such offender or offenders to the common jail of Johnson County, or cause them to give good and sufficient bond to appear at the next term of the Johnson Superior Court or the City Court of Wrightsville. That the mayor shall

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receive as compensation for his services the salary of forty dollars per month to be paid from the common or general funds in the treasury of said city; payable monthly; Provided however, should the mayor pro tem. be required to serve as much as thirty days continuously, then he is to receive a pro rata amount of said salary for such time, and such amount shall be deducted from the mayor's salary, unless it should appear that such absence of the mayor is providential. Each councilman shall receive as compensation for his services, the sum of ten dollars monthly, payable monthly out of the common or general funds in the treasury of said city. The salaries for the mayor and councilmen as provided herein shall begin on December 1st, 1952. Mayor's court. Section 5. Be it further enacted by the authority aforesaid, that if any portion of this Act, shall be for any reason declared to be unconstitutional or invalid, such decision shall not effect the validity of the remaining parts or portions of this Act. Section 6. Notice of intention of the City of Wrightsville to apply for this local legislation was published three times in the Wrightsville Headlight the official newspaper of Johnson County, Georgia, in which are printed the advertisements of the sheriff of said county, for 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 Constitution of this State. Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Notice. Notice of intention to apply for local legislation at the next session of the General Assembly of the State of Georgia:

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Notice is hereby given that a bill will be introduced in the next session of the General Assembly of the State of Georgia which will convene in January, 1953, to amend the charter of the City of Wrightsville, Georgia, and the several Acts amendatory thereof by providing that the term of office for the mayor of said city shall be for two years and also increasing the salary of the mayor and the councilmen of said city. This the 24th day of November, 1952. City of Wrightsville, Georgia, By J. E. Vanlandingham, Mayor. Robert L. Maddox, Clerk. (11-27-3tp). Publisher's Affidavit. State of Georgia, Johnson County. Before me the undersigned, an officer duly authorized by law to administer oaths, personally came John W. Rozier, who, being first duly sworn deposes and says that he is the owner and publisher of the Wrightsville Headlight the official newspaper of Johnson County, Georgia, in which is printed the advertisements of the sheriff of said county, and that the above notice of local legislation was published in said Wrightsville Headlight on the dates of November, 27th., December, 4th., 11th., 18th., and 25th., 1952, as provided by law. /s/ John W. Rozier, Publisher. Sworn and subscribed to before me, this the 9 day of January, 1953. /s/ Sibyl Frady. N. P. Johnson County, Georgia. Approved February 5, 1953.

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HARLEM CHARTER AMENDMENTS. No. 50 (House Bill No. 119). 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, approved August 16, 1913 (Ga. Laws 1913, p. 869), as amended, particularly as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 2737), so as to provide for a city manager to be elected by the Mayor and City Council of the City of Harlem; to prescribe his powers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create and establish a new charter for the Town of Harlem in the County of Columbia, approved August 16, 1913 (Ga. Laws 1913, p. 869), as amended, particularly as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 2737), is hereby amended by creating a new section, which will be known as Section 5(a), which shall read as follows: Section 5(a). The mayor and city council shall elect a city manager who shall have the authority now exercised by the mayor or mayor pro tem., as the mayor and city council may deem advisable to delegate to said city manager; provided, however, that such authority delegated to the city manager may be revoked at any time either by a majority vote of the council or by the mayor. City manager. Section 2. Section 9 of said Act is hereby amended by inserting after the words being absent or unable to preside, the words either the city manager or, so that said section when so amended shall read as follows: Section 9. There shall be a town police court, conducted in such manner and at such times as the mayor and council shall prescribe by ordinance, and in which

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court the mayor shall be the presiding officer. In case of the absence or disability of the mayor, the mayor pro tem. shall preside; mayor and mayor pro tem. being absent or unable to preside, either the city manager or a member of council designated by council shall preside. Police court. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Columbia County. Before me a notary public, in State and county above, does appear Carey Williams, who on oath says that he is the publisher of The Columbia News, Harlem, Ga., a newspaper in which the legal advertisements appear and that the following advertisement appeared in issues of December 18, Dec. 25th, 1952 and January 1, 1953. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia a local bill amending the charter of the City of Harlem, so as to provide for a city manager who is to be elected by the mayor and city council. This 10th day of December, 1952. Glenn S. Phillips, Representative, Columbia, County. /s/ Carey Williams. Sworn to and subscribed before me, this January 6, 1953. /s/ R. M. McCommons, Notary Public. (Notarial Seal Affixed). Approved February 5, 1953.

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CITY COURT OF SAVANNAHJUDGE'S SALARY. No. 53 (House Bill No. 173). An Act amending the Act creating the City Court of Savannah and the amendatory and supplementary Acts thereto by establishing, fixing and creating the salary of the Judge of the City Court of Savannah and specifically amending Section I of the Act approved February 9, 1949, contained in Georgia Laws, Regular Session 1949, page 403; repealing all laws in conflict thereto; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this act, the salary of the Judge of the City Court of Savannah, shall be $10,000 per year. Salary. Section 2. Be it further enacted by the authority of the same that the said salary shall be paid to the said judge of the City Court of Savannah by the Commissioners of Chatham County and Ex-officio Judges thereof out of the treasury of the County of Chatham and shall be paid on a monthly basis. Section 3. Be it further enacted by the authority of the same that all laws or parts of laws in conflict or inconsistent with the provisions of this Act including Section 1 of the Act approved February 9, 1949, as contained in Georgia Laws, 1949, page 403, affecting the City Court of Savannah be and same are hereby repealed. Section 4. Advertisement having been made and publicity certificate attached hereto and made a part hereof as required by law. 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

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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 An Act amending the Act creating the City Court of Savannah and the amendatory and supplementary Acts thereto by establishing, fixing and creating the salary of the Judge of the City Court of Savannah and specifically amending Section 1 of the act approved February 9, 1949, contained in Georgia Laws, Regular Session 1949, page 403; repealing all laws in conflict thereto; and for other purposes. Mose H. Portman, Clerk, City Court of Savannah. has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of Jan. 3-10-17, 1953. /s/ Herman Exley. Sworn to and subscribed before me this 17th day of January, 1953 /s/ Viola F. Schwaab. Notary Public, Chatham County, Ga. Notarial Seal Affixed. Approved February 5, 1953.

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CITY COURT OF HINESVILLEJUDGE'S SALARY. No. 55 (Senate Bill No. 15). An Act to amend an Act creating the City Court of Hinesville, approved August 9, 1916 (Ga. Laws 1916, p. 232), as amended by an Act approved August 16, 1920 (Ga. Laws 1920, p. 334), and as amended by an Act approved February 16, 1943, (Ga. Laws 1943, p. 753), as amended by an Act approved on February 7, 1950 (Ga. Laws 1950, p. 2042), by increasing the compensation of the judge of said city court to three thousand 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, p. 232), as amended by an Act approved August 16, 1920 (Ga. Laws 1920, p. 334), as amended by an Act approved February 16, 1943 (Ga. Laws 1943, p. 753), and as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 2042), is hereby amended by striking from line 34 of Section 4 of said Act, as amended, the words eighteen hundred dollars and substituting in lieu thereof the words three thousand dollars, so that the salary of the judge of the city court shall be three thousand dollars per annum. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 5, 1953.

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MACONALLEY CLOSINGAUTHORIZED. No. 58 (Senate Bill No. 32). An Act to amend an Act approved August 3, 1927, entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper all Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes, said Act described appearing on pages 1283-1357 of the published Acts of the General Assembly of Georgia of 1927, and to ratify and confirm the ordinance of the Mayor and Council of the City of Macon, dated July 22, 1952, abandoning, vacating and closing that portion of the alley running through Block 100 City of Macon, commencing at the northeast side of the 20-foot alley in said block and running northeasterly to the southwest side of Ocmulgee Street as narrowed by a 40-foot encroachment; and ratifying and confirming the sale and deed to said strip of land by the City of Macon to Coleman, Meadows, Pate Drug Company and vesting any and all title of the State of Georgia therein in Coleman, Meadows, Pate Drug 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 action of the Mayor and Council of the City of Macon as shown by the minutes of its regular meeting dated July 22, 1952, vacating, closing and abandoning the alley running through Block 100 City of Macon commencing at the northeast side of the 20-foot alley through said block and running thence northeasterly to the southwest side of Ocmulgee Street as narrowed by a 40-foot encroachment, be and the same is hereby ratified and confirmed. Alley. Section 2. Be it further enacted by the General Assembly

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of Georgia that the sale of said alley which constitutes a strip of land 10 feet wide fronting on the southwest side of Ocmulgee Street as narrowed by a 40-foot encroachment and running back with an even width in a southwesterly direction for a distance of 248.5 feet to the northeast line of a 20-foot alley through Block 100 in said city, being the strip of land embraced in the portion of said alley closed and abandoned and more fully described in deed from the City of Macon to Coleman, Meadows, Pate Drug Company dated September 27, 1952 and recorded in Book 644, folio 747 Clerk's Office Bibb Superior Court, be and the same is hereby ratified and confirmed. Sale confirmed. Section 3. Be it further enacted by the General Assembly of Georgia that any and all title of the State of Georgia in and to said portion of said alley be and the same is hereby vested in Coleman, Meadows, Pate Drug Company. Title. Section 4. Be it further enacted that evidence of advertising as required by the Constitution of the State of Georgia is hereto attached and made a part hereof. Section 5. Be it further enacted by the General Assembly of Georgia that all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Bibb County: Personally appeared before the undersigned, J. Douglas Carlisle, a member of the State Senate from the Fifty-first District of Georgia, who being first duly sworn deposes and says that the following notice was published in the Macon News, the legal gazette of Bibb County, Georgia on the following dates: December 13, December 20, and December 27, 1952, to wit: Notice is given that the undersigned will request the General Assembly of Georgia, at its 1953 session, to enact a law confirming and ratifying the ordinance of the Mayor and Council of the City of Macon dated July 22, 1952, abandoning, vacating and closing that portion of

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the 10-foot alley running through Block 100 City of Macon, from the northeast side of a 20-foot alley running through said block, to Ocmulgee Street as narrowed by a 40-foot encroachment, and deeded by the City of Macon to the undersigned September 27, 1952 by deed recorded in Book 644, folio 747 Clerk's Office Bibb Superior Court for a consideration of $1242.50; and requesting the General Assembly in such law to vest any and all title of the State of Georgia in and to said strip in the undersigned. Coleman, Meadows, Pate Drug Company. J. Douglas Carlisle Sworn to and subscribed before me, this the 14 day of January, 1953. J. H. Duggan, Jr. Notary Public, Ga. State at Large. Approved February 5, 1953. BURKE ORDINARYCOMPENSATION. No. 59 (Senate Bill No. 11). An Act to provide the compensation for the Ordinary of Burke County, in addition to fees which he now receives; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Ordinary of Burke County shall be paid in equal monthly installments from the general funds of said county the sum of one thousand ($1,000.00) dollars per annum, in addition to the fees which he now receives. Compensation Section 2. All laws and parts of laws in conflict with

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this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 5, 1953. HART TAX COMMISSIONERCOMPENSATION. No. 60 (Senate Bill No. 14). An Act to amend an Act approved March 4, 1935 (Ga. Laws 1935, p. 687) abolishing the offices of Tax Receiver and Tax Collector of Hart County, Georgia, as amended by an Act approved December 29, 1937 (Ga. Laws 1937-38, Extra Session, p. 843) and by an Act approved February 17, 1949 (Ga. Laws 1949, p. 900) so as to increase the salary of said tax commissioner from $3,600.00 per annum to $4,800.00 per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 6 of the Act approved March 4, 1935 (Ga. Laws 1935, p. 687), as amended by an Act approved December 29, 1937 (Ga. Laws 1937-38, Extra Session, p. 843) and by an Act approved February 17, 1949, (Ga. Laws 1949, p. 900) is hereby repealed and the following section to be known as Section 6 is inserted in lieu thereof, which shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the Board of Finance of Hart County, Georgia, shall pay to the tax commissioner of said county, as full compensation for all duties performed by him as receiver and collector of State, county, school district and any and all other taxes, including professional, poll, and special taxes, as well as costs for issuing tax fi. fas., a fixed salary of $4,800.00 per annum to be paid in monthly installments of $400.00 each, and said tax commissioner

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out of said salary shall pay whatever clerical assistance and/or help that may be necessary for him to have to perform the duties of said office. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 5, 1953. CITY COURT OF LUDOWICIAMENDMENTS. No. 61 (Senate Bill No. 41). An Act to amend an Act creating the City Court of Ludowici in and for Long County, Georgia, approved August 6, 1921, and the Acts amendatory thereof, by striking Section Two of the amendatory Act, approved February 12, 1951, in its entirety (Ga. Laws 1951, p. 2327), and by striking Section Two of the amendatory Act, approved March 8, 1945, in its entirety (Ga. Laws 1945, p. 989), and substituting in lieu thereof Section Five and Twenty-Five of the original Act creating the City Court of Ludowici, Long County, Georgia, as same appears in the said original Act of 1921, page 369, to provide for the supplement of the fees of the Solicitor of the City Court of Ludowici, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating the City Court of Ludowici, Long County, Georgia, approved August 6, 1921, and the several Acts amendatory thereof, be and the same are hereby amended by striking in their entirety, Section Two of the amendatory Act, approved February 12th, 1951 (Ga. Laws 1951, p. 2327), and Section Two of the amendatory Act, approved March 8, 1945, and substituting in lieu thereof Section Five and Twenty-Five

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of the original Act creating the City Court of Ludowici, Long County, Georgia, as same appears in said Acts of 1921, page 369. Acts amended. Section 2. Be it further enacted by the authority aforesaid, that in the event the fees of the Solicitor of the City Court of Ludowici, Georgia, as provided herein and in the Act of the 1921, page 369, be less than the sum of fifteen hundred ($1500.00) dollars for any calendar year, according to the annual audit of Long County, Georgia, then the governing authorities of said Long County, Georgia, shall supplement said fees of said Solicitor of City Court of Ludowici, Georgia in an amount to equal the sum of fifteen hundred ($1500.00) dollars for all calendar years from the passage of this Act. Solicitor's compensation. Section 3. Be it further enacted by the authority aforesaid that this Act shall become effective immediately upon its passage and approval. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 5, 1953. ST. MARYSSTREET CLOSING. No. 63 (Senate Bill No. 20). An Act to ratify and confirm the conveyance made by the City of St. Marys to St. Marys Railroad Company on the eighth day of July, 1950, conveying a portion of St. Marys Street in the said city; to authorize and direct the City of St. Marys to close permanently the portion of St. Marys Street conveyed to said railroad company by said conveyance; to authorize and direct the execution and delivery by said city to said railroad

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company of an instrument of ratification and confirmation again conveying the fee simple title to all of the property described in such deed of conveyance; 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 certain conveyance heretofore made by the City of St. Marys to St. Marys Railroad Company, a railroad corporation under the laws of the State of Georgia dated the 8th day of July, 1950, and which is recorded in Book VV, page 47, of the general deed records of Camden County, Georgia, which conveys a portion of St. Marys Street in said City of St. Marys, is hereby ratified and confirmed. Conveyance, portion of St. Mary's Street, confirmed. Section 2. The Mayor and Aldermen of the City of St. Marys are hereby authorized and directed to close permanently all of that portion of St. Marys Street in the City of St. Marys which is embraced within the limits of the property conveyed in the said deed of conveyance and which is more fully described in Section 3 of this Act. Section 3. The Mayor and Aldermen of the City of St. Marys are hereby authorized and directed to make, execute and deliver to St. Marys Railroad Company, a railroad company of the State of Georgia, a ratification and confirmation of said deed of conveyance described in Section 1 of this Act and in such ratification to again convey to St. Marys Railroad Company the full fee simple title and as well any and all right, title and interest of the City of St. Marys and the public generally in and to the following described real property, to wit: All of that certain tract, lot or parcel of land in the City of St. Marys, Camden County, Georgia, which is bounded as follows, to wit: On the north by Block Five (5) in the said city of St. Marys, on the west by the eastern line of Ready Street, on the east by the western line of Norris Street, and on the south by low-water mark on the St. Marys River. Description.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 5, 1953. TALBOT COMMISSIONERSCOMPENSATION. No. 64 (Senate Bill No. 22). An Act to change the compensation of the members of the Board of County Commissioners of Talbot County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The members of the Board of County Commissioners of Talbot County shall be compensated in the amount of six hundred ($600.00) dollars per annum, to be paid from the general funds of Talbot County in equal monthly installments. Section 2. This Act shall become effective on the first day of the month following the month in which this Act becomes a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 5, 1953.

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ATLANTA CHARTER AMENDMENTS. No. 65 (Senate Bill No. 16). An Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same is hereby further amended as follows: Section 1. The provisions of said charter as amended by an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1530-1532) are amended by adding to Section 6 of said Act the following provisions: Provided, however, where there is a corner lot fronting on two roads or streets, the mayor and general council may credit such lot with 150[UNK] in all cases where the property at the time of the assessment is being served water from existing mains. so that said section, when amended, shall read as follows: Sec. 6, Act of 1949, amended. Section 6. Upon the completion of the work and the installation of the mains, pipes and appliances, the mayor and general council are authorized and empowered to adopt by ordinance a system of equalizing the assessments against the abutting property owners by estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the road or portion of road so improved, in proportion to the number of front feet on each lot or parcel of land abutting on such road or portion of such road. Provided, however, where there is a corner lot fronting on two roads or streets, the mayor and general council may credit such lot with 150[UNK] in all cases where the property at the time of the assessment is being served water from existing mains. Water improvement assessments.

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Section 2. The provisions of said charter, as amended by the Act approved February 21, 1951 (Ga. Laws 1951 pp. 3117, 3119) be amended by repealing Sections 4 and 5 of said Act, as follows: Secs. 4, 5 repealed. Section 4. The word `homestead' whenever used in this Act shall mean and is defined to be the following: (a) Real property owned by the applicant on January 1st of the taxable year and who is in possession thereof and upon which said applicant resides and which constitutes the home of the applicant and the land immediately surrounding such residence. (b) Where the person who is the applicant holds the bona fide fee title (although subject to mortgage or debt deed) or an estate for life, or holds under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the said contract. (c) Where the building is occupied primarily as a dwelling. (d) Where the children of deceased or incapacitated parents occupy the homestead of their said parents, and one of them stands in the relation of applicant, whether the estate is distributed or not. (e) Where a husband or wife occupy a dwelling, and the title of the homestead is in the name of the wife. (f) In the event a dwelling house, classed as a homestead under the provisions of this law, be destroyed by fire, flood, storm, or other unavoidable accident, or be demolished or repaired so that the owner be compelled to temporarily reside in another place, it shall continue as a homestead for the period of one year after such occurrence. (g) In the event a person who is the applicant owns two or more dwelling houses, he shall be allowed the

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exemption granted by this law on only one; and only one homestead shall be allowed to one immediate family group. (h) In all the classes above defined, the homestead exempted must be actually occupied as the permanent residence and place of abode by the person awarded the exemption, and such homestead shall be the legal residence and domicile of such person for all purposes whatsoever. (i) The actual place of residence of a minister of the gospel which said place of residence is owned by the church faith which said minister is serving and for which said place of residence the church faith is not receiving any rent or other financial benefit. (j) Where the property is owned and occupied jointly by two or more persons all of whom occupy the property as a home and if otherwise entitled to a homestead such homestead may be claimed in the names of such joint owners residing in said home. (k) The permanent place of residence of a person in the military, naval, marine, or other armed forces of the United States, and said residence shall be construed to be actually occupied as the place of abode of such person for the duration of the war in which the United States is now engaged, where the family of such persons resides thereat, or where the family because of such service is forced to live elsewhere. Section 5. Whenever used in this section, the phrase `occupied primarily as a dwelling' shall mean: (1) That the applicant and members of this family occupy the property solely as a home; or (2) The applicant and his family occupy a portion, 50 percent or more, as a dwelling and the remainder, 50 percent or less, is occupied by a tenant as a dwelling; or

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(3) Property used for commercial purposes or the conduct of a business shall not be classified for the purposes of this subsection as a homestead unless the business conducted or the commercial enterprise carried on is of such nature that same is customarily conducted at a place of residence. In no event shall property be exempt from taxation hereunder when a commercial enterprise requiring the services of employees is carried on on said property or when the nature of the business and the enterprise requires physical changes in the property to render same suitable for such business or enterprise. (4) Apartment houses shall not be exempt from taxation hereunder even though one or more apartments are occupied by the owner as a dwelling. (5) For the purpose of this section, an apartment house is defined to be a building designed or altered for occupancy as residences by three or more separate families or units. (6) Division of property so as to render a portion eligible for exemption and a portion ineligible for exemption will be allowed when the division follows a bona fide plan in which both the land and the improvements are capable of division. (7) The physical structure of any improvement shall not prevent the applicant from being eligible for a homestead exemption when the use of said property as a dwelling by the applicant and members of his family actually extends to the whole of the improvements. Section 3. That the provisions of said charter, as amended, be further amended by adding the following provisions: The general law of this State, providing for homestead exemptions for ad valorem taxation for State, county and school purposes and defining the homestead, as it now exists or may hereafter be amended, shall be applicable

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and shall control in the determination of the homestead exemption from ad valorem taxes imposed by the city, except for school purposes and to pay interest on and retire bonded indebtedness. The provisions of this section shall be applicable to taxes for the year 1953 and thereafter until amended or repealed. Homestead exemptions. Section 4. It shall be the duty of the Tax Assessors and Receivers of the City of Atlanta to furnish with all bills a detailed statement of the purposes for which the taxes have been assessed. This statement shall show the number of mills assessed separately for general purposes, for school purposes, for the payment of interest and sinking funds and bonds, for park purposes or for any other purpose authorized by law, it being the purpose of this provision to advise the taxpayers either on the statement or on a paper to be enclosed with the statement concerning the taxes imposed upon them. Tax Bills. Section 5. Each officer and employee of the fire department shall retire at the end of the year following his sixty-fifth birthday. This shall not apply to the chief of the fire department. Firemen. Section 6. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 9, 1953.

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CALHOUN COMMISSIONERSAMENDMENTS. No. 70 (House Bill No. 37). An Act to amend an Act entitled An Act to increase the number of Commissioners of Roads and Revenues for the County of Calhoun from three to five; to provide that they shall be elected by popular vote; to provide that one of said commissioners shall be elected from each of the five militia districts of said county, and for other purposes, approved August 10, 1908 (Ga. Laws 1908, p. 276), as amended, particularly as amended by an Act approved August 8, 1917 (Ga. Laws 1917, p. 324), and particularly as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 836), so as to provide that the terms of the Commissioners of Roads and Revenues of Calhoun County shall be four years instead of two; to provide that the terms of office herein changed shall not affect any commissioners holding office at the time of the passage of this Act; to increase the compensation of said commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to increase the number of Commissioners of Roads and Revenues for the County of Calhoun from three to five; to provide that they shall be elected by popular vote; to provide that one of said commissioners shall be elected from each of the five militia districts of said county, and for other purposes, approved August 10, 1908 (Ga. Laws 1908, p. 276), as amended, particularly as amended by an Act approved August 8, 1917 (Ga. Laws 1917, p. 324), and particularly as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 836), is hereby amended by striking from the end of Section 1 of said Act the following: Acts amended. Said commissioners of roads and revenues after being so elected, and shall have qualified as hereinafter provided,

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shall hold their offices for two years from January 1, 1909, and until their successors are elected and qualified, and their successors shall in like manner hold office for two years, and be elected at a general election of county officers every two years.; and add in lieu thereof the following: Said commissioners shall be elected and shall hold office for a term of four years and until their successors are elected and qualified. Terms. Section 1 (a). The amendment as provided in Section 1 of this Act shall not affect in any way the terms of the commissioners in office at the time this Act becomes law. The commissioners holding office at the time this Act becomes law shall hold office for their elected terms of two years. Incumbents. Section 2. Section 10 of said Act of 1908, as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 836), is hereby amended by striking from said section the figures and words $4.00 per day and the figures and words $16.00 per month, and inserting in lieu thereof the figures and words $6.25 per day and the figures and words $25.00 per month, so that said section when so amended shall read as follows: Section 10. Be it further enacted by the authority aforesaid, that said commissioners shall each be paid the sum of $6.25 per day for each day actually engaged in the discharge of their official duties as such commissioners; and they shall be exempt from road, jury and militia duty; Provided, that each of said commissioners shall not be paid more than $25.00 per month, including both expenses and compensation for the discharge of his official duties. Compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Calhoun County. Before me, an officer authorized to administer oaths,

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comes Charles E. Dews, who after being duly sworn, deposes and says that he is a member of the House of Representatives from Calhoun County said State and that the attached advertisement of notice of intention to introduce local legislation was published December 12th, 19th, and 26th all in 1952, in the Calhoun County News, the official organ of Calhoun County. /s/ Charles E. Dews, Representative Calhoun County, Georgia. Sworn to and subscribed before me, this January 10th, 1953. /s/ Grace Foster, N.P. Notary Public, Calhoun Co. Ga. (Seal). Notice of Impending Legislation. Georgia, Calhoun County: In conformity to Code Section 47-80 (Acts 1946, p. 82), notice is hereby given of my intention to introduce a local bill to extend the term of county commissioner from two to four years; and further to raise the salary of each commissioner from $16 to $25 per month, and that the restriction of $4.00 per day be raised to $6.25. This December 3, 1952. Charles E. Dews, Representative of Calhoun County, Georgia. Approved February 10, 1953. BLECKLEY COUNTYCOMPENSATION OF OFFICERS. No. 75 (House Bill No. 60). An Act to amend Acts supplementing the fees and commissions now received by the Sheriff, Tax Collector, Tax Receiver and Clerk of the Superior Court of Bleckley

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County, and to fix the salary of the Ordinary of Bleckley County and to fix the salary and expenses of the Commissioner of Roads and Revenues of Bleckley County, to fix the amounts thereof, by whom paid, the date of payments and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, the County Commissioner of Bleckley County, or other officer of said county who may hereafter have in charge the fiscal affairs of said county, is hereby authorized and required to pay to the sheriff, tax collector, tax receiver and clerk of the superior court of said county, and their successors in office a monthly salary of $50.00 (fifty dollars) each, the first payment being due and payable on the first of the month following final passage and approval of this Act, and thereafter on the first day of each succeeding month. Sheriff, tax collector, tax receiver, etc. Section 2. That the above said salaries shall be paid in addition to and supplementary and independent of any other fees and commissions to which said officers are now entitled to under the law or may hereafter be entitled to under the laws of this State, and shall in no manner have the effect of terminating, abolishing or eliminating said officers from any fees or commissions to which they are now or may hereafter be entitled to under the laws of this State. Section 3. Be it further enacted that the County Commissioner of Bleckley County, or other officer who may hereafter have in charge the fiscal affairs of said county, is hereby authorized and required to pay to the Ordinary of Bleckley County and his successors in office a monthly salary of $200.00 (two hundred dollars) the first payment hereby due and payable on the first of the month following the final passage of this Act and approval thereof, and thereafter on the first of each succeeding month, and the Ordinary and his successors in office of Bleckley County shall pay in the county treasury of Bleckley County all fees received by him or his successors in office. Ordinary.

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Section 4. Be it further enacted that the County Commissioner of Bleckley County or other office of said county who may hereafter be in charge of the fiscal affairs of said county is hereby authorized and required to pay to the Commissioner of Roads and Revenues of Bleckley County, and his successors in office a monthly salary of $300.00 (three hundred dollars), the first of said payments being due and payable on the first day of the month following the final passage and approval of this Act, and thereafter on the first day of each succeeding month. Commissioner. Section 5. Be it further enacted that all laws in conflict herewith 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 legislation in the January, 1953 session of the General Assembly of Georgia to provide that the Sheriff, Tax Collector, Tax Receiver and Clerk of the Superior Court of Bleckley County shall be paid the sum of $50.00 per month each, as salary, in addition to the fees and commissions now paid to said Sheriff, Tax Collector, Tax Receiver and Clerk of the Superior Court of Bleckley County. That the Ordinary of Bleckley County shall be paid the sum of $200.00 per month salary, and the fees collected by him shall be paid into the treasury of Bleckley County. That the County Commissioner of Bleckley County shall be paid a salary of $300.00 per month. This 18 day of December, 1952. /s/ Ben Jessup, Representative of Bleckley County, Georgia.

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Georgia, Bleckley County. In person, before the undersigned attesting officer comes Battle Smith, who after being duly sworn says on oath that affiant is publisher of The Cochran Journal, the paper in said county in which sheriff's advertisements are published, and says that the foregoing notice was published by me in said paper on the following dates, to wit: Dec. 25, 1952; January 1, 1953 and January 8, 1953. /s/ Battle Smith Battle Smith. Sworn to and subscribed before me, this January 9, 1953. J.F. Floyd, N.P. Bleckley County, Ga. (Seal). Approved February 10, 1953. CITY COURT OF WAYCROSSSOLICITOR'S SALARY. No. 78 (House Bill No. 75). An Act to amend an Act approved July 27, 1929, amending the Act establishing the City Court of Waycross in and for the County of Ware, defining its jurisdiction and powers and for other purposes, so that from and after the passage of this Act until otherwise provided the salary of the Solicitor of the City Court of Waycross shall be three thousand nine hundred and no/100 ($3900.00) dollars per annum. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that from and after the passage of this Act approved July 27, 1929, on page 519 of the Acts of Georgia legislature

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of 1929, be and the same is hereby amended as hereinafter provided. Section 2. The second section of this Act is hereby amended so as to make the salary of the Solicitor of the City Court of Waycross the sum of three thousand nine hundred and no/100 ($3900.00) per annum, instead of two thousand seven hundred and no/100 ($2700.00) dollars per annum as herein provided; so that amended said section shall read as follows: Be it enacted by the authority aforesaid, that from and after the passage of this Act and until otherwise provided, the salary of the Solicitor of the City Court of Waycross shall be three thousand nine hundred and no/100 ($3900.00) dollars per annum, which shall be paid monthly out of the treasury and out of the general county funds. Salary. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publication of notice of intention to apply for the passage of this local legislation have been fully complied with. 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 1953 session of the General Assembly of Georgia, which bill shall be entitled: An Act to amend an Act creating the City Court of Waycross (Ga. L. Dec. 11, 1897, p. 510 et seq.), as amended, so that all provisions of such Act and of those amendatory thereof pertaining to matters of service,

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pleading and practice, insofar as the same are inconsistent with the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946 be repealed; to provide that such rules of Procedure, Pleading and Practice in Civil Actions shall apply except the jurisdiction of said monthly terms, and the time of holding same (Ga. L. 1938, p. 748 et seq., as amended), as to all matters pertaining to service, pleading and practice, to all proceedings instituted in the City Court of Waycross on or subsequent March 16, 1953, to amend the City Court of Waycross, as amended so as to provide among other things: the salary of the Judge of the City Court of Waycross be increased; that the salary of the Solicitor of the City Court of Waycross and Ware County Attorney shall be increased; to repeal all laws or parts of laws in conflict; herewith; and for other purposes. /s/ W. A. Frier, /s/ Cleve Mincy, Representatives of Ware County, Georgia. Georgia, Ware County. Before the undersigned officer, personally appeared Miss Louise Breen, treasurer of the Waycross Journal Herald, who, being duly sworn, deposes and says that the foregoing notice entitled Notice of Local Bill is a true and correct copy of a notice which was duly published in the Waycross Journal Herald, a newspaper published in Ware County, Georgia, and in which sheriff's advertisements for Ware County are published, on November 8, 15 and 22, 1952; that the said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of Georgia. /s/ Louise Breen, Louise Breen, Treasurer of the Waycross Journal Herald.

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Sworn to and subscribed before me, this 4 day of Dec., 1952. /s/ Thelma P. Barton, Notary Public. Notary Public, Ware County, Ga. My commission expires June 16th, 1956. (Seal). Approved February 10, 1953. CITY COURT OF WAYCROSSJUDGE'S SALARY. No. 79 (House Bill No. 76). An Act to amend an Act that established the City Court of Waycross, in and for the County of Ware, to define its jurisdiction and powers, and for other purposes, so that from and after the passage of this Act, and until otherwise provided, the salary of the judge of said city court shall be three thousand six hundred and no/100 ($3600.00) per annum, approved July 27, 1929 by striking therefrom the words three thousand six hundred and no/100 ($3600.00) dollars, wherever the same occur therein and inserting in lieu thereof the words four thousand eight hundred and no/100 ($4800.00) dollars, so that the salary of said judge shall hereafter be fixed at said sum of four thousand eight hundred and no/100 ($4800.00) dollars per annum. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the above recited Act be and the same is hereby amended by striking therefrom the words three thousand six hundred and no/100 ($3600.00) dollars wherever the same occurs therein, and inserting in lieu thereof the words four thousand eight hundred and no/100 ($4800.00) dollars, so that the salary of the Judge of the said City Court of Waycross, shall hereafter

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be fixed at the sum of four thousand eight hundred and no/100 ($4800.00) dollars per annum. Salary. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher of the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publication of notice of intention to apply for the passage of this local legislation have been fully complied with. 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 1953 session of the General Assembly of Georgia, which bill shall be entitled: An Act to amend an Act creating the City Court of Waycross (Ga. L. Dec. 11, 1897, p. 510 et seq.), as amended, so that all provisions of such Act and those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are inconsistent with the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946 be repealed; to provide that such rules of Procedure, Pleading and Practice in Civil Actions shall apply except the jurisdiction of said monthly terms, and the time of holding same (Ga. L. 1938, p. 748 et seq., as amended), as to all matters pertaining to service, pleading and practice, to all proceedings instituted in the City Court of Waycross on or subsequent March 16, 1953, to amend the City Court of Waycross, as amended so as to provide among other things: the salary of the Judge of the City Court of Waycross be increased; that the salary of the Solicitor of the City Court of Waycross and Ware County Attorney shall be increased; to repeal all laws

Page 2204

or parts of laws in conflict; herewith; and for other purposes. /s/ W. A. Frier, /s/ Cleve Mincy, Representatives of Ware County, Georgia. Georgia, Ware County. Before the undersigned officer, personally appeared Miss Louise Breen, treasurer of the Waycross Journal Herald, who, being duly sworn, deposes and says that the foregoing notice entitled Notice of Local Bill is a true and correct copy of a notice which was duly published in the Waycross Journal Herald, a newspaper published in Ware County, Georgia, and in which sheriff's advertisements for Ware County are published, on November 8, 15 and 22, 1952; that the said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of Georgia. /s/ Louise Breen, Louise Breen, Treasurer of the Waycross Journal Herald. Sworn to and subscribed before me, this 4 day of December, 1952. /s/ Thelma P. Barton, Notary Public. Notary Public, Ware County, Ga. My commission expires June 14, 1954. Notarial Seal Affixed. Approved February 10, 1953. CITY COURT OF WAYCROSSPROCEDURE AND PRACTICE. No. 80 (House Bill No. 77). An Act creating the City Court of Waycross (Ga. Laws, Dec. 11, 1897, p. 510 et seq.), as amended, so that all

Page 2205

provisions of such Act and those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are inconsistent with the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946 be repealed; to provide that such rules of Procedure, Pleading and Practice in Civil Actions shall apply except the jurisdiction of said monthly terms, and the time of holding same (Ga. Laws 1938, p. 748, et seq., as amended), as to all matters pertaining to service, pleading, and practice, to all proceedings instituted in the City Court of Waycross on or subsequent March 16, 1953, to amend the City Court of Waycross, as amended so as to provide among other things: the salary of the Judge of the City Court of Waycross be increased; that the salary of the Solicitor of the City Court of Waycross and Ware County Attorney shall be increased; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing the City Court of Waycross (Ga. Laws 1897, p. 510 et seq.), as amended, be and the same is hereby amended as follows: Section 1. All provisions of the Act creating the City Court of Waycross (Ga. Laws 1897, p. 510 et seq.) and all Acts amendatory thereof pertaining to matters of service, pleading and practice in cases in the City Court of Waycross, insofar as the same are inconsistent with the provisions of the Rules of Procedure, Pleading, and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946, and thereafter ratified and confirmed, except the jurisdiction of said monthly terms, and the time of holding same (Ga. Laws 1938, p. 748 et seq., as amended), are hereby repealed. Procedure and practice. Section 2. The provisions of the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946 and thereafter ratified and confirmed and all modifications or amendments

Page 2206

thereof or thereto now in effect or hereafter adopted shall apply, as to all matters pertaining to service, pleading and practice, to all cases in the City Court of Waycross except as to the jurisdiction of the monthly terms and the time of holding same (Ga. Laws 1938, p. 748 et seq., as amended) and except those proceedings specifically excepted in Section 81-1506 of the Code of Georgia as amended (Ga. Laws 1946, p. 761, 779, Section 24.) Section 3. This Act shall be applicable to all proceedings instituted in the City Court of Waycross on or subsequent to March 16, 1953. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publication of notice of intention to apply for the passage of this local legislation have been fully complied with. 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 1953 session of the General Assembly of Georgia, which bill shall be entitled: An Act to amend an Act creating the City Court of Waycross (Ga. Laws, Dec. 11, 1897, p. 510 et seq.), as amended, so that all provisions of such Act and of those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are inconsistent with the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946 be repealed; to provide that such rules of Procedure, Pleading and Practice in Civil Actions

Page 2207

shall apply except the jurisdiction of said monthly terms, and the time of holding same (Ga. Laws 1938, p. 748 et seq., as amended), as to all matters pertaining to service, pleading and practice, to all proceedings, instituted in the City Court of Waycross on or subsequent March 16, 1953, to amend the City Court of Waycross, as amended so as to provide among other things: the salary of the Judge of the City Court of Waycross be increased; that the salary of the Solicitor of the City Court of Waycross be increased; that the salary of the Solicitor of the City Court of Waycross and Ware County Attorney shall be increased; to repeal all laws or parts of laws in conflict; herewith; and for other purposes. /s/ W. A. Frier, /s/ Cleve Mincy, Representatives of Ware County, Georgia. Georgia, Ware County. Before the undersigned officers, personally appeared Miss Louise Breen, treasurer of the Waycross Journal Herald, who, being duly sworn, deposes and says that the foregoing notice entitled Notice of Local Bill is a true and correct copy of a notice which was duly published in the Waycross Journal Herald, a newspaper published in Ware County, Georgia, and in which the sheriff's advertisements for Ware County are published, on November 8, 15 and 22, 1952; that the said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of Georgia. /s/ Louise Breen Louise Breen, Treasurer of the Waycross Journal Herald. Sworn to and subscribed before me, this 4 day of Dec., 1952. /s/ Thelma P. Barton, Notary Public. Notary Public, Ware County, Ga.

Page 2210

Richland, Georgia, January 17, 1953. To Whom It May Concern: This is to certify that advertisement of intention to introduce legislation affecting the compensation of the Sheriff of Stewart County was published in the Stewart-Webster Journal, on the following dates: December 25, January 1, and January 8, in accordance with law. /s/ Byron C. Anglin, Byron C. Anglin, Associate Editor Stewart-Webster Journal. Martha Cole Beasley, N.P. Commission expires January 1955. Notice of Intention to Introduce Legislation. Georgia, Stewart County: Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia, a bill to supplement the compensation of the Sheriff of Stewart County; and for other purposes. This the 22nd day of Dec., 1952. C. R. Cowart, Representative, Stewart County. Approved February 10, 1953. CHATHAM COMMISSIONERSAMENDMENTS. No. 90 (House Bill No. 172). An Act to amend an Act which created and organized the Commissioners of Chatham County, who shall be

Page 2211

ex-officio Judges, to define their jurisdiction and duties and for other purposes, approved February 21, 1873, and the several Acts amendatory thereof and relating and supplementary thereto and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act that paragraph known as paragraph 101, Section VI, of the Act of the General Assembly creating the Commissioners of Chatham County, Georgia, approved February 21, 1873, page 236, of said Act be and the same is hereby repealed and that in lieu thereof the following section shall be enacted: That after the election and qualification of said commissioners, they shall appoint some person as clerk of the county commissioners, who shall give the same bond and take the same oath as heretofore prescribed for the clerk of the inferior court, all of which shall be approved by the judge of the superior court of said county and entered upon the minutes thereof. Said clerk of the county commissioners shall receive such salary as may be allowed he or she by said said commissioners. Said clerk shall be appointed to hold office at the will of a majority of the said commissioners. Said commissioners and ex-officio judges shall record all their proceedings while sitting as a court and it shall be their duty to keep a book in which to record their minutes and a book for the docketing of all applications granted or refused and to keep such other books as may be necessary for the use of the county, or for the proper conducting of their court. Said commissioners and ex-officio judges shall have a seal which shall be affixed to their proceedings. The commissioners shall have also the right to appoint a deputy clerk who shall have the same power and authority of the clerk when acting in place of the clerk, said deputy clerk shall act as clerk only during the disqualification or absence of the clerk. Clerk. Records. Deputy clerk. 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.

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Section 3. Advertisement having been made and publicity certificate attached hereto and made a part hereof as required by law. 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 of Local Bill. Notice is hereby given of an intention to apply to the General Assembly of the State of Georgia at its 1953 session for the passage of a local or special bill to be entitled An Act to amend an Act to create and organize Commissioners of Chatham County who shall be ex-officio Judges, to define their jurisdiction and duties, and for other purposes, approved February 21, 1873, and the several Acts amendatory thereof and relating and supplementary thereto and for other purposes. Lillian E. Grotheer, Clerk, C. C. C. has been published in said Savannah Evening Press, once a week for 4 weeks, to wit in the regular issues of Dec. 17-24-31, 1952, Jan. 7, 1953. Herman Exley. Sworn to and subscribed before me, this 17th day of January, 1953. /s/ Flournoy J. Mulling, Notary Public, Chatham County, Ga. Notarial Seal Affixed. Approved February 10, 1953.

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FLOYD COUNTYWATER, SANITATION, FIRE PROTECTION. No. 91 (House Bill No. 174). An Act to authorize and empower Floyd County, Georgia, by and through its board of commissioners of roads and revenue to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks, sewerage, sanitation and/or fire protection; to district such territory for such purposes; to authorize and empower said county, by and through said board, to levy a tax upon the taxable property in such districts for such purposes; to provide that the revenue from such tax shall be deposited in a separate fund for each such district so taxed and shall be expended only for the construction and/or maintenance of such system or systems in the particular district so taxed; 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 Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. Floyd County, Georgia, acting by and through its board of commissioners of roads and revenue, is hereby authorized and empowered to provide, construct and maintain, in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks, sewerage, sanitation and/or fire protection. Water and sanitation systems. Section 2. The territory of Floyd County, Georgia, outside the limits of incorporated municipalities, is hereby districted for the purpose of providing such a system or systems of waterworks, sewerage, sanitation, and/or fire protection as follows: Districts. (a) A separate district for each and every militia district within said county, except the 919th District, G. M.,

Page 2214

and the 829th District, G. M.; (b) A district composed of all of the 829th District, G. M., except that portion thereof included within the corporate limits of the City of Cave Spring. Section 3. Floyd County, Georgia, by and through its board of commissioners of roads and revenue, is hereby authorized to levy, at any time or times and from time to time, a tax, not exceeding five (5) mills in any calendar year, only upon the taxable property in any one or more of said districts, for the purpose of constructing and/or maintaining systems of waterworks, sewerage, sanitation and/or fire protection in the respective district or districts so taxed. Taxation. Section 4. The revenue produced by the levy of such tax upon the taxable property in any such district shall be deposited in a separate fund for each such district so taxed, and shall be expended only for the construction and/or maintenance of such system or systems in the particular district so taxed. Funds. Section 5. All laws or parts of laws in conflict herewith shall be and are hereby repealed. Notice is hereby given that there will be introduced at the next regular session of the Georgia General Assembly, which convenes in January, 1953, a bill of a local nature applicable only to Floyd County, Georgia, authorizing and empowering the Board of Roads and Revenue of Floyd County, Georgia, to acquire right of ways, construct and maintain sewerage and water lines in said county, outside of the corporate limits of the City of Rome, and to provide the method of financing the construction, maintenance and operation of said water and sewerage lines. By: M. G. Hicks. Georgia, Floyd County. Personally appeared before the undersigned authority,

Page 2215

M. G. Hicks, who, being duly sworn, says on oath that he is a duly elected, qualified and acting Representative of Floyd County in the General Assembly of the State of Georgia; that he is the author of the above and foregoing bill; and that the above and foregoing notice of intention to apply for passage of such bill has been published as provided by law. /s/ M. G. Hicks. Sworn to and subscribed before me, this 20 day of January, 1953. /s/ Mary J. Doster, Notary Public, Baldwin County, Georgia. Approved February 10, 1953. SUMTER ORDINARY'S COMPENSATION. No. 92 (House Bill No. 175). An Act to establish the salary of the Ordinary of Sumter County, Georgia; to repeal all laws in conflict with the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Be it enacted by the authority aforesaid that the salary of the Ordinary of Sumter County, Georgia, shall be not less than five thousand ($5,000.00) dollars per annum nor more than five thousand ($5,000.00) dollars per annum. Salary. Section 2. Be it further enacted by the authority aforesaid that the said annual salary shall be paid to the Ordinary of Sumter County, Georgia by the Commissioners of Roads and Revenues of Sumter County, Georgia in twelve (12) equal monthly payments out of the treasury of Sumter County, Georgia.

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Section 3. Be it further enacted by the authority aforesaid that this annual salary shall be paid as herein provided in addition to such assistance as may be required by the ordinary and those services now or may be hereafter provided by law. Section 4. Be it further enacted by the authority aforesaid that the Ordinary of Sumter County, Georgia, shall on or before the fifteenth day following each calendar month deliver and account to the commissioners of roads and revenues of aforesaid county all fees received, as provided by law, to be deposited and disbursed as provided by law. Section 5. Be it further enacted by the authority aforesaid that this Act shall become effective upon the passage and approval of the same by the Governor of the State of Georgia. 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. Section 7. Notice of intention to apply for the passage and approval of this Act has been published in the Tri-County Newspaper in which the sheriff's advertisements of Sumter County are published, and were published during year 1952, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly; and also published once immediately following publications in the Tri-County News in the Americus Times Recorder, the newspaper designated as the medium for publication of the sheriff's advertisements for the year 1953 in Sumter County, Georgia. All publications appearing during a 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 to by the publisher of the said newspapers as provided by law.

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Notice of Local Legislation. State of Georgia, County of Sumter. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1953, for the passage and approval of a bill entitled as follows: An Act to establish the salary of the Ordinary of Sumter County, Georgia; to repeal all laws in conflict with the provisions of this Act; and for other purposes. This 10th day of December, 1952. /s/ Herbert W. Moon, Senator-Elect, 13th District. /s/ J. Earl Carter, Representative-Elect, Sumter County, Georgia. /s/ Jack Murr, Representative, Sumter County, Georgia. Legal 100. State of Georgia, County of Sumter. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1953, for the passage and approval of a bill entitled as follows: An Act to establish the salary of the Ordinary of Sumter County, Georgia; to repeal all laws in conflict with the provisions of this Act; and for other purposes. This 10th day of December, 1952. /s/ Herbert W. Moon, Senator-Elect, 13th District.
Page 2218

/s/ J. Earl Carter, Representative-Elect, Sumter County, Ga. /s/ Jack Murr, Representative, Sumter County, Georgia. State of Georgia, County of Sumter: Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, J. Rawdon Barnes, Jr., who, first being duly sworn, on oath deposes and says that he is the editor and the publisher of the Tri-County News, the official newspaper in which the sheriff's advertisements were published in Sumter County, Georgia during the year 1952, and does hereby certify that the foregoing advertisment of notice of intention to apply for local legislation was published in the Tri-County News on the following dates: December 11, 1952, December 18, 1952 and December 25, 1952. This 8th day of January, 1953. /s/ J. Rawdon Barnes, Jr. J. Rawdon Barnes, Jr. Sworn to and subscribed before me, this 8th day of January, 1953. /s/ Mary Ann Burt, Notary Public, State of Georgia. (Sealed). State of Georgia, County of Sumter: Personally appeared before the undersigned, an officer authorized by law to administer oaths, J. R. Blair, who, first being duly sworn, on oath deposes and says that he is the editor and publisher of the Americus Times

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Recorder, the official newspaper in which the sheriff's advertisements are published in Sumter County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Americus Times Recorder on the following date: January 2, 1953, and that this one publication appeared immediately following the last publication in the Tri-County News and within sixty days immediately prior to the convening of the General Assembly. This 8th day of January, 1953. /s/ James R. Blair J. R. Blair. Sworn to and subscribed before me, this 8th day of January, 1953. /s/ Ann W. Sheffield, Notary Public, State of Georgia. (Sealed). Legal No. 4295. Notice of Local Legislation. State of Georgia, County of Sumter. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1953, for the passage and approval of a bill entitled as follows: An Act to establish the salary of the Ordinary of Sumter County, Georgia; to repeal all laws in conflict with the resolutions of this Act; and for other purposes. This 10th day of December, 1952. /s/ Herbert W. Moon, Senator-Elect, 13th District.
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/s/ J. Earl Carter, Representative-Elect, Sumter County, Ga. /s/ Jack Murr, Representative, Sumter County, Georgia. Approved February 10, 1953. HALL COUNTYZONING. No. 93 (Home Bill No. 178). An Act to amend an Act entitled 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 51 percent 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, approved February 17, 1950, (Ga. Laws 1950, p. 2864) by striking the sections providing that 51 percent of the property owners in the areas of lands which are to be zoned or planned must consent thereto; to provide that funds for zoning and planning shall be appropriated out of the administrative expense fund of Hall County; to provide that the board of commissioners of roads and revenues may create a county board of zoning and planning and authorize members thereof to consult and work with similar boards of municipalities and adjacent counties; to repeal all laws in conflict; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. An Act entitled 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 51 percent 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, approved February 17, 1950, (Ga. Laws 1950, p. 2864) is hereby amended by striking from Section 1 the phrase provided 51 percent of the property owners in area of land within such zone or district consent thereto, so that said section, as amended, will read as follows: Sec. 1, Act of 1950 amended. 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; to prohibit the use or maintenance of any buildings in such areas or district except for the purposes specified, and to adopt rules and regulations for the enforcement of this Act; provided, however, that said restricted areas or districts must be outside the limits of incorporated towns and municipalities in said county. Establishment of zones. Section 2. Section 9 of said Act is hereby amended by striking from line six the phrase, provided consent thereto is obtained from 51 percent of the owners in area

Page 2222

of land in such affected zone or district; so that said section, as amended, will read as follows: Sec. 9 amended. 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; 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. Change of boundaries. Section 3. The said Act is further amended by adding Section 9 (a) which shall read as follows: Section 9 (a). The Board of Commissioners of Roads and Revenues of Hall County is empowered to appropriate out of the county administrative expense funds, such moneys, otherwise unappropriated, as they may deem fit to finance any zoning and planning expenses in accord with the purposes of this Act. Funds. Section 4. Said Act is further amended by adding Section 9 (b), which shall read as follows: Section 9 (b). The Board of Commissioners of Roads and Revenues of Hall County may by resolution create a county board of zoning and planning composed of three members who shall be appointed by the board of commissioners of roads and revenues and who shall serve for terms specified by the board of commissioners of roads and revenues. Said county board of zoning and planning shall make recommendations to the board of commissioners of roads and revenues and shall prepare and propose to the board of commissioners of roads and revenues zoning and planning rules, regulations, ordinances, or codes for enactment by the board of commissioners of roads and revenues. The board of commissioners of roads and revenues may by resolution designate one or more members of the county board of zoning and planning to consult and work with similar boards of municipalities

Page 2223

within Hall County and with similar boards of adjacent counties and recommend, prepare, and propose to the board of commissioners of roads and revenues for enactment zoning and planning rules, regulations, ordinances, or codes applicable to Hall County and such other political subdivisions. County board. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia which convenes on January 12, 1953, there will be introduced for passage a local bill to amend the Hall County Zoning and Planning Act (Ga. Laws 1950, p. 2864). Said local bill will amend said Act by striking the sections thereof providing that 51 percent of the property owners in the areas of land which are to be zoned or planned must consent thereto; by providing that funds for zoning and planning shall be appropriated out of the administrative expense fund of Hall County; by providing that the board of commissioners of roads and revenues may create a county board of zoning and planning and designate members thereof to consult and work with similar boards of municipalities and adjacent counties; to repeal all laws in conflict, and for other purposes. This 18th day of December, 1952. /s/ Wm. B. Gunter /s/ J. Hudson Terrell Hall County Representatives Affidavit. Wm. B. Gunter and J. Hudson Terrell personally appeared before the undersigned officer authorized to administer oaths and after being duly sworn depose and say: That the attached and foregoing notice of intention to apply for local legislation was published in The Daily

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Times, the official organ for Hall County Georgia and the newspaper in which sheriff's advertisements for said county are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponents who are the authors of said bill for the purpose of showing compliance with the Constitution and laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of being attached to said bill. /s/ Wm. B. Gunter Wm. B. Gunter /s/ J. Hudson Terrell J. Hudson Terrell Sworn to and subscribed before me, this 19th day of January, 1953. /s/ John B. Harris, Jr. Notary Public, Bibb County, Ga. Approved February 10, 1953. HALL COMMISSIONERSAMENDMENTS. No. 94 (House Bill No. 184). An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Hall; to name the persons who shall compose this board until January 1, 1937,; to prescribe the number of persons composing the board; fix the compensation; terms of office, the manner of their election; to define the powers and duties of the board; and for other purposes, approved April 21, 1935, (Ga. Laws 1935, p. 661), so as to provide for the manner for nominating

Page 2225

and electing members of said board, to provide for regular meetings of said board, to provide for compensation of each member of said board, 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 from and after the passage and approval of this Act, said Act of the General Assembly of Georgia approved April 21 1935, and appearing on pages 661 to 667, both inclusive, of the published Acts of the General Assembly of Georgia of 1935, as heretofore amended, be and the same is hereby further amended in the following particulars: Section 1. By inserting a new section 3A following Section 3 of said Act to read as follows: Sec. 3, Act of 1935, Amended. Section 3A. Every person who offers for nomination and election as a member of the Board of Commissioners of Roads and Revenues in the County of Hall, shall designate with the local county party committee in all primaries and with the proper authority in the general election a specific seat on said board for which he offers by naming the incumbent candidate he desires to oppose and thereupon he shall be qualified, if otherwise qualified, to oppose such incumbent candidate and none other. In the event any incumbent shall die or for any reason not offer again for such office, the candidate shall qualify for the office formerly held by such incumbent by naming him. Candidacy. Section 2. Section 5 of said Act of 1935, as heretofore amended, is hereby amended further by striking therefrom the words monthly meetings on the second Monday and inserting in lieu thereof meetings on the second and fourth Mondays, so that said Section 5 when so amended shall read as follows: Sec. 5 Amended. Section 5. That said board shall have regular meetings on the second and fourth Mondays in each month for the transaction of such business as may legitimately come before it with the power to adjourn over from day to

Page 2226

day until the business necessary to be considered has been completed. Meetings. Section 3. Section 12 of said Act of 1935, as heretofore amended, is hereby amended further by striking from said section the figures $750.00 and inserting in lieu thereof the figures 1200.00, so that said Section 12 when so amended shal read as follows: Section 12. That the compensation of each member of the board of commissioners shall be $1200.00 per annum payable in monthly installments. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia which convenes on January 12, 1953, there will be introduced for passage a local bill to amend the Act creating the Board of Commissioners of Roads and Revenues in the County of Hall (Ga. Laws 1935 p. 661) as heretofore amended. Said local bill will amend said Act as heretofore amended by providing for the nomination and election of the members of said board to specific seats; by providing for meetings on the second and fourth Mondays in each month; and by providing for compensation for each member of said board in the amount of $1200.00 per year. This 18th day of December, 1952. /s/ Wm. B. Gunter /s/ J. Hudson Terrell Hall County Representatives. Affidavit. Wm. B. Gunter and J. Hudson Terrell personally appeared before the undersigned officer authorized to

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administer oaths and after being duly sworn depose and say: That the attached and foregoing notice of intention to apply for local legislation was published in The Daily Times, the official organ for Hall County Georgia and the newspaper in which sheriff's advertisements for said county are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponents who are the authors of said bill for the purpose of showing compliance with the Constitution and laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of being attached to said bill. /s/ Wm. B. Gunter Wm. B. Gunter /s/ J. Hudson Terrell J. Hudson Terrell Sworn to and subscribed before me, this 19th day of January, 1953. /s/ John B. Harris, Jr., Notary Public, Bibb County, Ga. Approved February 19, 1953. MILNERSTREET CLOSING AUTHORIZED. No. 95 (House Bill No. 277). An Act amending the charter of the Town of Milner; providing power in said town to close that portion of First Street in the Town of Milner extending from the north side of Birch Street to the intersection of Ceder Street;

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providing that the portion of First Street which will be abandoned for street purposes may be sold and conveyed in fee simple, by the Mayor and Council of the Town of Milner to abutting property owners; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same. Section 1. That the charter of the Town of Milner be, and it is hereby amended so that said town is hereby empowered to close that portion of First Street in the Town of Milner which extends from the north side of Birch Street to the intersection of Ceder Street. First Street. Section 2. That the Town of Milner is hereby empowered to sell and convey to the owners of abutting property that portion of First Street described in Section One hereof. Conveyances by said town, pursuant to the provisions hereof shall best in the respective grantees full fee-simple title unencumbered by any rights of the public for use, for public street purposes, the property conveyed. Conveyances. Section 3. That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Affidavit as to Publication of Notice Pertaining to Local Legislation. Georgia, Lamar County. Personally before me, the undersigned officer duly authorized to administer oaths, appeared William W. Dennis who after being sworn to speak the truth and on his oath says: That he is owner, editor and publisher of the Barnesville News Gazette, a newspaper with a general circulation throughout said county and in which newspaper the sheriff's advertisements for said county are published, and that the attached printing is an exact copy of the notice that has been published in said News Gazette in the

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weekly issues of January 8th, 15th and 22nd, 1953. /s/ William W. Dennis William W. Dennis Sworn to and subscribed before me, this the 24th day of January, 1953. /s/ Sue Brown Notary Public, My comm. expires Oct. 27, 1956 (Seal) Legals. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of a bill entitled as follows: An Act amending the charter of the Town of Milner; providing power in said town to close that portion of First Street in the Town of Milner which extends from the north side of Birch Street to the intersection of Cedar Street; providing that the portion of First Street which will be abandoned for street purposes may be sold and conveyed in fee simple, by the Mayor and Council of the Town of Milner to abutting property owners; and for other purposes. This 6th day of January, 1953. L. G. Lifsey, Representative-elect, Lamar County. Joe B. Adams, Senator-elect, 22nd District. Jan. 8, 15, 22 Approved February 11, 1953.

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BIBB COMMISSIONERS' COMPENSATION. No. 96 (House Bill No. 262). An Act to amend an Act entitled An Act to establish a county board of commissioners for the County of Bibb, to define their duties, and for other purposes therein named, which Act was approved February 6, 1873 (Ga. Laws 1873, p. 219), and as said Act described has been subsequently amended and reenacted; to provide compensation for the several commissioners of Bibb county at the rate of fifteen hundred dollars per annum in lieu of nine hundred dollars per annum as provided by an amendatory Act of 1937 (Ga. Laws 1937, p. 1252); and to provide for the payment monthly of such salaries out of the county treasury of Bibb County, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act an Act entitled An act to establish a county board of commissioners for the County of Bibb, to define their duties, and for other purposes therein named, which Act was approved February 6, 1873 (Ga. Laws 1873, p. 219), and as said Act has heretofore been amended or reenacted, including an Act approved March 18, 1937 (Ga. Laws 1937, p. 1252), be and the same is hereby amended by striking from Section VII of said described Act as originally enacted or subsequently amended or re-enacted any previous figure of compensation for said commissioners and substituting in lieu of such compensation figure so stricken the words fifteen hundred dollars, so that said Section VII, as amended and re-enacted hereby, shall read: That it shall require three of said commissioners to constitute a quorum for the transaction of business, and three must concur to pass any order or decree. Each of said commissioners shall be entitled to a salary at the rate of fifteen hundred dollars per annum for their services as county commissioners during their continuance in

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office to be paid out of the treasury of said county upon warrant drawn by said board or a majority thereof. Quorum. Compensation. Section 2. Be it further enacted by the authority aforesaid that the compensation of each of said members shall on the date of the passage of this Act be at the rate of fifteen hundred dollars per annum payable monthly out of the treasury of said county. 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. Affidavit of Author. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Denmark Groover, Jr., who, first being duly sworn, deposes and says That he is one of the Representatives of Bibb County, Georgia and is the author of the within attached bill and that notice of intention to apply for legislation represented by said bill, and which notice is attached hereto and made a part hereof, was published in the Macon News, which is the official organ of Bibb County, Georgia, on December 19 and December 26, 1952 and also on January 2 and January 9, 1953. /s/ Denmark Groover, Jr. Denmark Groover, Jr. Sworn to and subscribed before me, this the 22 day of January, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia Notary Public, Fulton County, Georgia (Notarial Seal) My commission expires Oct. 7, 1956.

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Legal Notice. Notice is hereby given in compliance with the Constitution and statutes of the State of Georgia that during the 1953 session of the General Assembly of Georgia there will be introduced a bill, and passage and approval of it asked to increase the compensation of the County Commissioners of Bibb County from the present rate of $900.00 per annum each (Ga. Laws 1937, p. 1252) to $1,500.00 per annum each, and to provide for payment of the same, monthly, from the treasury of Bibb County. This December 19, 1952. /s/ Ellsworth Hall, Jr. Attorney for Bibb County, Georgia. Approved February 11, 1953. FANNIN COMMISSIONERAMENDMENTS. No. 97 (House Bill No. 265). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended, particularly by an Act approved March 27, 1947 (Ga. Laws 1947, p. 966), so as to increase the compensation of the commissioner; to increase the compensation of the clerk of the commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended, particularly by an Act approved March 27, 1947 (Ga. Laws 1947, p. 966), is hereby amended by striking from

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Section 5, relating to the clerk, the figure $1320.00 and inserting in lieu thereof the figure $1500.00, so that Section 5 when so amended shall read as follows: That the commissioner shall appont a clerk, whose salary shall not exceed $1500.00 per annum, to be paid monthly out of the country treasury, and it shall be the duty of the said clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the commissioner concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the commissioner, giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness, contracted by the commissioner. All the books, files and records required to be used or kept in the office of the commissioner of roads and revenues shall always be ready and open to inspection of any taxpayer of the county. Said clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by the commissioner, which bond shall be in the sum of $1000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Clerk. Compensation. Section 2. Said Act, as amended, is further amended by striking from Section 6, relating to compensation of the commissioner, the figure $2400.00 and inserting in lieu thereof the figure $3600.00, so that Section 6 when so amended shall read as follows: Section 6. That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $3600.00 per annum for his services, to be paid monthly, to be paid at the end of each month's services. Commissioner's compensation.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Notice of proposed legislation is hereby given in compliance with the law and constitutional provisions of the State of Georgia, there will be introduced at the next session of the General Assembly of Georgia, which convenes on January 12, 1953, a bill of which the following is the caption: A Bill, to be entitled An Act to repeal an Act amending An Act to create the office of Commissioner of Roads and Revenue of Fannin County, approved August 10, 1920, which increased the salary of the clerk of said commissioner from $600.00 per annum to $1320.00 per annum as provided for in Section 5 of said amended Act, and which said amending Act also increased the salary of the Commissioner of Roads and Revenue of Fannin County, Georgia from $1200.00 to $2400.00 per annum as shown in Section 6 of said Act, approved March 27, 1947; and by amending said original Act creating the office of Commissioner of Roads and Revenue of Fannin County, by increasing the salary of the clerk to said commissioner of roads and revenue from $600.00 per annum to $1500.00 salary of said commissioner of roads and revenue from $1200.00 per annum to $3600.00 per annum, as provided in Section 6 of said original act. This December 31, 1952. Reid Mull, Representative, Fannin County C. W. Kiker, Senator, 41st Senatorial District of Georgia. per annum, as provided in Section 5 of said Act, and by increasing the

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State of Georgia, Fannin County. Personally appeared before me, Luther Cobb, who, after being duly sworn, on oath says that he is the editor of the Fannin County Times, a newspaper published in Blue Ridge, Georgia, with a general circulation over Fannin County, and being the newspaper in which the sheriff's advertisements appear, and that the above and foregoing notice of proposed legislation was published in said newspaper on January 1st, January 8th and January 15th, 1953. /s/ Luther Cobb Sworn to and subscribed before me, on this the 19th day of January, 1953. /s/ Herman J. Spence Notary Public, Fannin County, Ga. (Notarial seal affixed). My commission expires Sept. 19th., 1953. Approved February 11, 1953. WAYNE TAX COMMISSIONER'S SALARY. No. 98 (House Bill No. 268). An Act to amend an Act establishing the salary system of compensation for certain officers of Wayne County, approved February 15, 1952 (Ga. Laws 1952, p. 2557), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing the salary system of compensation for certain officers of Wayne County, approved February 15, 1952 (Ga. Laws 1952, p. 2557), is hereby amended by striking the figure $5,000.00 in Section

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1 thereof and substituting in lieu thereof the figure $6,000.00, so that Section 1 when so amended shall read as follows: Section 1. From and after the passage of this Act, the salaries of certain county officers and commissioners of Wayne County, as named hereafter, shall be as follows: Sheriff $6,000.00 per annum Chief deputy sheriff $3,600.00 per annum Clerk of the superior court $6,000.00 per annum Deputy clerk of superior court $3,600.00 per annum Ordinary $4,800.00 per annum Tax commissioner $6,000.00 per annum Secretary for the tax commissioner $1,200.00 per annum Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia a bill changing the compensation of the Tax Commissioner of Wayne County. This 15th day of December, 1952. Robert L. Harrison, Representative, Wayne County To Whom It May Concern: This is to certify that the undersigned on oath says that he is the owner and publisher of The Jesup Sentinel, and that the attached article appeared three times in the Jesup Sentinel, as follows December 25, 1952, January 1, 1953 and January 8, 1953. /s/ Robert L. Harrison

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/s/ W. B. Rhoden W. B. Rhoden, Owner Approved February 11, 1953. AUGUSTA CHARTER AMENDMENTS. No. 99 (House Bill No. 257). An Act to amend the charter of the City of Augusta incorporated as the City Council of Augusta (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to provide for the election of the members of council for the various wards by the qualified registered voters of the City of Augusta at large; to provide for the placing of the candidates' names upon the official ballots or voting machines; prescribing which of the candidates shall be declared elected; to provide for the qualifications; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That in addition to the existing provisions of the charter of the City of Augusta incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, there are hereby added thereto the following provisions. Section 2. That hereafter the members of The City Council of Augusta shall be elected by the qualified registered voters of the City of Augusta at large and not by the voters of the respective wards. Council members; election. Section 3. Be it further enacted by the authority aforesaid that the mayor shall cause all official ballots provided for in existing election laws respecting elections of members

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of council for the City of Augusta to contain on one side the names of all candidates for each ward appropriately indicating the particular ward for which each candidate seeks election and the same designation of the name of the candidate and of the ward shall be shown on the voting machines whenever used in such elections. Ballots. Section 4. Be it further enacted by the authority aforesaid that the candidate from each of the wards of the City of Augusta receiving the plurality of the votes cast in all of the wards shall be declared elected to the office for which he was a candidate. Section 5. Be it further enacted that the qualifications of a member of council are that he shall be a citizen of the United States who has attained the age of twenty-one years, shall be a citizen of the State of Georgia, a resident of the County of Richmond, a resident of the ward from which elected at the time of the election, and shall have been such a resident for three years before the election. Qualifications. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Section 7. Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, S. T. Graham. W. W. Holley and John C. Bell, Members of the General Assembly from Richmond County, Georgia, who being duly and severally sworn, depose and say on oath as follows: That the attached notice referred to in the foregoing bill was published in the Augusta Chronicle, the official gazette for Richmond County, Georgia, and the newspaper in which sheriff's advertisements for said county are published, on the following dates, to wit: January 2, 9 and 16, 1953, being once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill into the General Assembly, all as provided by law. The Notice is as follows:

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Notice. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1953 session of the General Assembly of Georgia. An Act. An Act to amend the charter of the City of Augusta incorporated as The City Council of Augusta (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to provide for the election of the members of council for the various wards by the qualified registered voters of the City of Augusta at large; to provide for the placing of the candidates' names upon the official ballots or voting machines; prescribing which of the candidates shall be declared elected; to provide for the qualifications; to repeal all laws in conflict herewith; and for other purposes. /s/ S. T. Graham John C. Bell W. W. Holley Members General Assembly of Georgia Published January 2, 9 and 16, 1953. This affidavit is made by deponents who are the authors of said bill for the purpose of showing compliance with the Constitution and laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of being attached to the bill, notice of which was given in said Notice. /s/ S. T. Graham John C. Bell W. W. Holley Members of the General Assembly, Richmond County, Georgia. Sworn to and subscribed before me, this 22nd day of January 1953.

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/s/ J. Roy McCracken Notary Public Jefferson County, Georgia. Approved February 11, 1953. TAX ASSESSORS' CLERK IN CERTAIN COUNTIES. No. 100 (House Bill No. 188). An Act to authorize the employment of a full-time clerk or clerks and other employees by the boards of tax assessors in all counties in the State of Georgia, having a population of not less than 115,000 nor more than 135,000 by the United States census of 1950 or by any future United States census; and to provide for payment of salaries for said employees out of general county funds and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That in all counties of the State of Georgia having a population of not less than 115,000 nor more than 135,000 according to the United States census of 1950 or of any future United States census, that the board of tax assessors in such counties may, and they are hereby authorized and empowered to employ, with the consent of the board of commissioners of roads and revenues or other governing authority of said county a full-time clerk to be paid a salary to be fixed by said board of commissioners and paid from general county funds. Said board of tax assessors in said counties are also authorized to employ, subject to approval of said board of county commissioners or other governing authority, such clerical assistants as may be necessary to the efficient operation of said tax assessors' office, and their salaries shall be fixed by said commissioners and paid from general county funds. Clerk in certain counties. Section 2. In addition to such clerk and assistants,

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said boards of assessors may, with the consent of the board of commissioners or other governing authority of such counties, employ one or more persons to work under the direction of said assessors in securing data, seeking out unreturned property, and in performing such other services as may be required of them by the tax assessors. The salary of such person or persons shall be fixed by the commissioners or other governing authority of said counties and paid from general county funds. Duties. Section 3. Nothing herein shall serve to delegate to any employee the authority or duties of said assessors to appraise and assess property and to perform such other acts as are by law required of said board of assessors. Section 4. All laws or parts of laws in conflict with this act are hereby repealed. Approved February 11, 1953. CORONERS AND JURORS IN CERTAIN COUNTIESFEES. No. 101 (House Bill No. 163). An Act to increase the fees of coroners, and jurors summoned by the coroner, for services in connection with the holding of inquests in counties having a population of not less than 49,000 nor more than 60,000 inhabitants according to the United States census of 1950, or any future United States census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. In all counties of the State having a population of not less than 49,000 nor more than 60,000 inhabitants, according to the United States census of 1950, or any future United States census, the fees of coroners for

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summoning a jury and holding an inquest upon a dead body and rendering an inquisition shall be twenty dollars ($20.00). Coroner's fees. Section 2. In all such counties the fees of a juror serving upon the coroner's inquisition shall be three dollars ($3.00). Juror's fees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared R. C. Swank who being duly sworn, deposes and says that he is the editor and business manager of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Legal 5443 Dec 12 19 26 Notice of Intention to Apply for Local Legislation to the Citizens and Voters of Troup County, Georgia: Notice is hereby given of the intention to apply to the regular session of the General Assembly of Georgia which convenes in January, 1953, to increase fee of coroner from $10.00 to $20.00 and to increase the fee of jurors from $2.00 to $3.00 for each inquest held. To repeal laws relating to such fees and for other purposes. This 9th day of December 1952. Frank G. Birdsong. has been published in said LaGrange Daily News, to wit:

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Dec. 12, 1952, Dec. 19, 1952, Dec. 26, 1952, being publications of said notice and petition, issued on dates aforesaid respectively. /s/ R. C. Swank Editor and Business Manager Sworn and subscribed before me, this 12 day of Jan. 1953. /s/ Eleanor H. Orr Notary Public, Troup County. (Seal) Approved February 11, 1953. TELFAIR SHERIFF'S SALARY. No. 102 (House Bill No. 283). An Act to amend an Act approved February 5, 1951, pages 2274 2275, Georgia Laws entitled, An Act to supplement the compensation now received by the Sheriff of Telfair County by the payment of a salary to said sheriff by said county: to fix the amount of said salary, by whom paid, the date of said payments, and for other purposes, so as to change the salary of said sheriff as provided in said 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, that Section One (1) of the Acts of the General Assembly of Georgia approved February 5, 1951, pages 2274 2275, be and the same is hereby amended by striking the words and figures, one hundred and fifty dollars ($150.00) wherever they appear in said section, and inserting in lieu thereof the figures $300.00 (three hundred dollars), so that said section as amended will read as follows, to wit:

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that by virtue of and in conformity with the Constitution of the State of Georgia, as contained in Article XI, Section Two, Chapter 2-79, Section of the Code of Georgia Annotated 1933 #2-7902 as supplemented, the commissioner of roads and revenues of said county is hereby authorized and required to pay the sheriff of said county and his successors in office a monthly salary of $300.00 (three hundred dollars) per month, the first of said payments being due and payable on the first of the month following final passage and approval of this Act, and monthly thereafter on the first of each succeeding month. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Telfair County. Personally appeared before the undersigned officer, duly authorized to administer oaths, W. L. Bowen, known to me to be, the owner and editor of the Telfair Enterprise, the paper in said county in which sheriff's advertisements are published, who says on oath that the annexed notice of local legislation affecting Telfair County was published by him in said paper on the dates of Jan. 8th-15th 22nd 1953. /s/ W. L. Bowen Editor-Telfair Enterprise Sworn to and subscribed before me, this the 24th day of January, 1953. /s/ John S. Stamps, Jr. Notary Public Notary Public, Georgia, Telfair County My commission expires May 5, 1956. (Seal) Georgia, Telfair County. Notice is hereby given that after three weeks publication

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of this notice and within sixty days from the date hereof, there will be introduced for passage in the next General Assembly of Georgia, a bill entitled, as follows: An Act to amend an Act approved February 5, 1951, pages 2274 and 2275 Georgia Laws entitled An Act to supplement the compensation now received by the Sheriff of Telfair County by the payment of a salary to said sheriff by said county; to fix the amount of said salary, by whom paid, the date of said payments, and for other purposes, so as to change the salary of said sheriff as provided in said Act, to repeal conflicting laws, and for other purposes. This the 8th day of January, 1953. Cecil E. Brown Representative, Telfair County, Georgia Approved February 11, 1953. EAST DUBLIN CHARTER AMENDMENTS. No. 105 (House Bill No. 213). An Act to amend an Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. Laws 1952, p. 2369), so as to provide that the city attorney shall also be the recorder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. Laws 1952, p. 2369), is hereby amended by striking Section 28 relating to the police court in its entirety and inserting in lieu thereof a new Section 28 to read as follows:

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Section 28. There is hereby established a police court for said town which shall have jurisdiction to try offenses against the laws and ordinances of said town and which shall be presided over by a recorder, or in the absence or disqualification of the recorder, by the mayor of said town, or in the absence or disqualification of both the recorder and the mayor, by the mayor pro tempore. The person presently serving as city attorney shall also serve as recorder of the police court until January 1, 1954, or until his successor is elected and qualified. On January 1, 1954 or at the first meeting of council thereafter, the Mayor and Council of East Dublin shall elect a person to serve as both city attorney and recorder of the police court for said town. The person so elected shall serve for a term of two years, or until his successor is elected and qualified. All subsequent elections shall be held by the mayor and council on the first day of January or at the first meeting of the mayor and council thereafter in the year following the second calendar year of such person's term of office and the person so elected shall be elected to serve as both city attorney and recorder. Police court. Section 2. Said Act is further amended by striking the word mayor from Section 29 and inserting in lieu thereof the word recorder so that said section, when so amended, shall read as follows: Section 29. The recorder, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said town in an amount not to exceed $200.00, or to imprison offenders in the town barracks for a period of not more than thirty days, or to labor on the public works or the streets of said town for ninety days. He shall have the power to punish for contempt by a fine not to exceed $50.00, or imprisonment in the town barracks not to exceed thirty days. He shall have the power of a justice of peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the town, which warrants may be executed by any member of the police force, and to try and to commit the offender to jail in Laurens County, or admit them to bail, for their

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appearance at the next term of a court of competent jurisdiction to be held in and for said county. Recorder. Section 3. Said Act is further amended by striking Section 31 relating to the absence of the presiding officer of said police court and inserting in leiu thereof a new section to read as follows: Section 31. In the absence, sickness or disqualification of the recorder, the mayor of said town shall be clothed with all the powers of the recorder and shall hold police court. In the absence, sickness or disqualification of both the recorder and the mayor, the mayor pro tempore of said town shall be clothed with all the powers of the recorder and shall hold said police court. Presiding officer. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. County of Laurens, State of Georgia. I, the undersigned, W. H. Champion, editor of the Dublin, Georgia, Courier Herald, a newspaper of general circulation in the County of Laurens and the newspaper in which the advertisements of the Sheriff of Laurens County appear, do certify that the attached is a true and accurate copy of notice of intention to introduce local legislation in the 1953 session of the General Assembly of the State of Georgia, the said notice having appeared in the Courier Herald on December 27, 1952, January 3, 1953 and January 10, 1953. /s/ W. H. Champion W. H. Champion, Editor Legal 994 Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intend to introduce at the 1953 session of the General Assembly of

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the State of Georgia a local bill to amend the charter of the Town of East Dublin, Georgia so as to provide for one and the same person to serve as city attorney and recorder of said town: and other purposes. This the 26th day of December, 1952. W. H. Lovett, Representative, Laurens County. Approved February 16, 1953. CITY COURT OF DUBLINSALARY OF JUDGE AND OF SOLICITOR. No. 106 (House Bill No. 215). An Act to amend an Act entitled An Act to amend an Act of the General Assembly approved August 3, 1920 (Acts 1920 at 325), prescribing the salaries of the Judge of the City Court of Dublin, and the Solicitor thereof, and for other purposes, approved January 31, 1946 (Ga. Laws 1946, p. 284), which Act amends an Act approved December 6, 1900 (Ga. Laws 1900, p. 117), and an Act approved July 28, 1908 (Ga. Laws 1908, p. 140), and an Act approved August 16, 1912 (Ga. Laws 1912, p. 194), and an Act approved August 3, 1920 (Ga. Laws 1920, p. 325), so as to raise the salary of the judge and solicitor of said city court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to amend an Act of the General Assembly approved August 3, 1920 (Acts 1920 at 325), prescribing the salaries of the Judge of the City Court of Dublin, and the Solicitor thereof, and for other purposes, approved January 31, 1946 (Ga. Laws

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1946, p. 284), which Act amends an Act approved December 6, 1900 (Ga. Laws 1900, p. 117), and an Act approved July 28, 1908 (Ga. Laws 1908, p. 140), and an Act approved August 16, 1912 (Ga. Laws 1912, p. 194), and an Act approved August 3, 1920 (Ga. Laws 1920, p. 325), is hereby amended as set out in the following sections. Section 2. That on and after the first day of January, 1953, the words three thousand dollars appearing in lines 7, 8 and 9 on page 284, Section 1, of Georgia Laws 1946, be and the same is hereby stricken, and in lieu thereof the words thirty-six hundred dollars be inserted in its stead, so that the salary of Judge of the City Court of Dublin shall be thirty-six hundred dollars per year. Judge's salary. Section 3. That on and after the first day of January, 1953, the words two hundred dollars per month appearing in lines 7, 8 and 9 on page 284, Section 2, Acts 1946, be and the same is hereby stricken and in lieu thereof the words two hundred and fifty dollars per month be inserted in its stead, so that the salary of the Solicitor of the said City Court of Dublin shall be two hundred and fifty dollars per month. Solicitor's salary. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. County of Laurens, State of Georgia. I, the undersigned, W. H. Champion, editor of the Dublin Courier-Herald, a newspaper of general circulation in the County of Laurens and the newspaper in which the advertisements of the Sheriff of Laurens County appear, do certify that the attached is a true and accurate copy of the notice of intention to introduce local legislation in the 1953 session of the General Assembly of the State of Georgia, the said notice appeared in the Courier-Herald on December 29, 1952, January 3, 1953 and January 10, 1953. /s/ W. H. Champion, W. H. Champion, Editor.

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Legal 995. Notice is hereby given that the undersigned intend to introduce in the 1953 session of the General Assembly of Georgia the following: An Act to amend an Act of the General Assembly, approved Jan. 31, 1946 (Acts 1946 at 284), prescribing the salaries of the Judge of the City Court of Dublin and the Solicitor thereof and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that on and after the 1st day of January, 1953, that the words three thousand dollars as appears in Acts 1946, page 284, Section 1, lines 6, 7, 8, and 9 is hereby stricken and in lieu thereof the words thirty-six hundred be inserted in its stead, so that the salary of the Judge of the City Court of Dublin shall be thirty-six hundred dollars per year. Section 2. Be it further enacted by the authority aforesaid that on and after the 1st day of January, 1953, that the words two hundred dollars per month as appears in Acts of 1946, page 284, Section II, lines 7, 8 and 9, is hereby stricken and in lieu thereof the words two hundred fifty dollars inserted in its stead, so that the salary of the Solicitor of the said City Court of Dublin shall be three thousand dollars per year. 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 W. H. Lovett, Representative, Laurens County. Approved February 16, 1953.

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PENSION SYSTEM IN CERTAIN CITIES. No. 107 (House Bill No. 218). An Act to amend an Act entitled an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 and any subsequent census, shall furnish aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases and for other purposes in the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, 173) and the several Acts amendatory thereof, so as to provide credit for service in the armed forces of the United States under the Department of Defense or service in the Coast Guard of the United States for the purpose of service pension rights; 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 an Act entitled an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases, and for other purposes set forth in the Act approved August 13, 1924 (Ga. Laws, 1924, pp. 167, 173) and the several Acts amendatory thereof be and the same are hereby further amended as follows: Section 1. Service in the armed forces of the United States, under the Department of Defense, or service in the Coast Guard of the United States, shall, for the purpose of service pension rights established by this Act, be considered service to any such city, upon the following terms and conditions: Service in armed forces. (a) Such officer or employee must have been inducted

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into such armed forces, either voluntarily or involuntarily, under any Act applicable thereto, when there is at the time of such induction an actual conflict or such induction is mandatory under the applicable law; (b) Such officer or employee must have been on the payrolls of any such city and in good standing at the time of such induction; (c) Such officer or employee shall not voluntarily extend his term of service beyond the termination of the conflict or beyond the time when he could retire from such service; (d) Such officer or employee shall make application for re-employment to his former position within the time required by the charter of any such city for the re-employment of such officers or employees; (e) Dishonorable discharge from such armed forces shall terminate all rights under this amendment; and (f) Such officer or employee, upon his return to the service of such city from service in the armed forces, shall make the same contributions to the said pension fund for the time served in the armed forces as he would have made if he had been in active service of the city, but shall be permitted to make such contributions in equal monthly installments within a period of time equal to the time served in such armed forces. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1953.

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TALIAFERRO BOARD OF EDUCATIONEXPENDITURES. No. 108 (House Bill No. 222). An Act to repeal an Act entitled An Act to provide that the County Board of Education of Taliaferro County shall publish once each month in the official organ of said county a list of expenditures with certain exceptions; to repeal conflicting laws; and for other purposes, approved February 7, 1952 (Ga. Laws 1952, p. 2272); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to provide that the county Board of Education of Taliaferro County shall publish once each month in the official organ of said county a list of expenditures with certain exceptions; to repeal conflicting laws; and for other purposes, approved February 7, 1952 (Ga. Laws 1952, p. 2272), is hereby repealed in its entirety. Act of 1952 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Taliaferro County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1953, for the passage and approval of a bill entitled as follows: An Act to repeal Bill No. 592, approved February 7th 1952, Georgia Laws 1952, pp. 2272 2273. This the 2nd day of December, 1952. /s/ Wales Flynt Wales Flynt.

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State of Georgia, Taliaferro County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, Carey Williams, who, being duly sworn, deposes and says on oath that he is the publisher of the Advocate Democrat, the newspaper in which sheriff's advertisements are published in Taliaferro County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Advocate Democrat on the following dates: December 12, 1952, December 19, 1952 and December 26th, 1952. This 17th day of January, 1953. /s/ Carey Williams Carey Williams. Sworn to and subscribed before me, this the 19th day of January, 1953. /s/ R. M. McCommons, Notary Public (Notarial Seal). Approved February 16, 1953. TALIAFERRO COMMISSIONERS' EXPENDITURES. No. 109 (House Bill No. 223). An Act to repeal an Act entitled An Act to provide that the Board of Commissioners of Roads and Revenues of Taliaferro County shall publish once each month in the official organ of said county a list of expenditures with certain exceptions; to repeal conflicting laws; and for other purposes, approved February 7, 1952 (Ga. Laws 1952, p. 2272); to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to provide that the Board of Commissioners of Roads and Revenues of Taliaferro County shall publish once each month in the official organ of said county a list of expenditures with certain exceptions; to repeal conflicting laws; and for other purposes, approved February 7, 1952 (Ga. Laws 1952, p. 2272), is hereby repealed in its entirety. Act of 1952 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Taliaferro County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1953, for the passage and approval of a bill entitled as follows: An Act to repeal Bill No. 592, approved February 7th, 1952, Georgia Laws 1952, pp. 2272 2273. This the 2nd day of December, 1952. /s/ Wales Flynt /s/ Wales Flynt State of Georgia, Taliaferro County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, Carey Williams, who, being duly sworn, deposes and says on oath that he is the publisher of the Advocate Democrat, the newspaper in which sheriff's advertisements are published in Taliaferro County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in

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the Advocate Democrat on the following dates: December 12, 1952, December 19, 1952, and December 26th, 1952. This 17th day of January, 1953. /s/ Carey Williams. /s/ Carey Williams. Sworn to and subscribed before me, this the 19th day of January, 1953. /s/ R. M. McCommons, Notary Public. (Sealed). Approved February 16, 1953. TALIAFERRO BOARD OF EDUCATIONPURCHASES. No. 110 (House Bill No. 226). An Act to repeal an Act entitled An Act to require that the Board of Education of Taliaferro County receive at least three bids on all purchases made by the board in the amount of $500.00 or more; to provide for a penalty; to repeal conflicting laws; and for other purposes, approved February 15, 1952 (Ga. Laws 1952, p. 2558); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Act of 1952 repealed. Section 1. An Act entitled An Act to require that the Board of Education of Taliaferro County receive at least three bids on all purchases made by the board in the amount of $500.00 or more; to provide for a penalty; to repeal conflicting laws; and for other purposes, approved February 15, 1952 (Ga. Laws 1952, p. 2558), is hereby repealed in its entirety.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. State of Georgia, Taliaferro County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1953, for the passage and approval of a bill entitled as follows: An Act to repeal Bill No. 729, approved February 7th, 1952, Georgia Laws 1952, Pages 2558 and 2559. This the 2nd day of December, 1952. /s/ Wales Flynt, /s/ Wales Flynt. State of Georgia, Taliaferro County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, Carey Williams, who, being duly sworn, deposes and says on oath that he is the publisher of the Advocate Democrat, the newspaper in which the sheriff's advertisements are published in Taliaferro County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Advocate Democrat on the following dates: December 12, 1952, December 19th, 1952 and December 26th, 1952. This 17th day of January, 1953. /s/ Carey Williams, /s/ Carey Williams. Sworn to and subscribed before me, this the 19th day of January, 1953.

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(Seal). /s/ R. M. McCommon, Notary Public. Approved February 16, 1953. ATLANTA CHARTER AMENDMENT. No. 112 (House Bill No. 220). An Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act entitled an Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same is hereby further amended as follows: Section 1. The governing authorities of said city are hereby authorized to permit the construction, erection and maintenance of overhead and underground passageways across, over and under any of the public streets and alleys of the City of Atlanta, upon such terms and conditions as they may determine, so long as the structure or structures shall not interfere with the present or future requirements of said city for public purposes or public utility purposes. Passageways over or under streets. Section 2. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are hereto attached and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Hoke Smith 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. 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, convening in January, 1953, 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 28, 1874, and the several Acts amendatory thereof, and for other purposes. This December 16, 1952. J. C. Savage, City Attorney. Dec. 17, 24, 31 tfn. This 15 day of Jan., 1953. /s/ Hoke Smith.

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Sworn to and subscribed before me, this 15 day of Jan., 1953. /s/ Janette Hirsch, Notary Public, Fulton County. Approved February 16, 1953. CITY COURT OF FLOYD COUNTYAMENDMENTS. No. 113 (House Bill No. 221). An Act to amend an Act entitled An Act to establish a City Court in the County of Floyd, approved September 27, 1883 (Ga. Laws 1882-3, p. 535), and all Acts amendatory thereof including especially the following, to wit: Act of 1906, approved August 21st, 1906 (Ga. Laws 1906, p. 248); Act of 1908, approved August 17th, 1908 (Ga. Laws 1908, p. 144); Act of 1910, approved August 3rd, 1910 (Ga. Laws 1910, p. 176); Act of 1921, approved Aug. 1st, 1921 (Ga. Laws 1921, p. 347); Act of 1950, approved February 8th, 1950 (Ga. Laws 1950, p. 2276); Act of 1951, approved February 21st, 1951 (Ga. Laws 1951, p. 2822); and Act of 1952, approved February 15, 1952, (Ga. Laws 1952, p. 2747); so as to provide among other things: How written demands for the trial by jury of cases in said court shall be made; that in all civil cases in said court in which written demands are made for trial by a jury, the same shall be tried by a jury of five jurors; and the manner of drawing, the number of, and empanelling jurors in said court and how the parties shall strike therefrom in the trial of the cases; the time for filing plaintiff's original petition and time for service of process in said court; and for pleading and practice in said court; to fix the effective date of this Act; that should one or more of the provisions of this Act be held unconstitutional or invalid for any reason the same shall not invalidate the whole or any other provision of said Act; that all laws and parts of laws in

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conflict with this Act are repealed; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That Section 1 of said Act approved February 15, 1952 (Ga. Laws 1952, p. 2747), which was amendatory of an Act creating a City Court of Floyd County approved September 27, 1883, and the amendments thereto, be amended by adding after the word fact on line one the following language in civil cases; by striking the following language beginning on line three, or the State or defendant in a criminal case; by striking the word criminal from line five and inserting in lieu thereof the word civil; by striking the following language from line six and other cases; by striking the following language beginning on line nine, in or attached to the parties' initial pleadings filed in the case, demurrers and other pleadings raising issues of law excepted, and inserting in lieu thereof the following language: by either party within forty days from the date of service of the original petition, so that said section as amended will read as follows: Sec. 1, Act of 1952, amended. Be it further enacted, that the trial of all issues of fact in civil cases in said court shall be by the court, without a jury, except where either party in a civil case, shall, in writing, demand a trial by jury. A failure to file such demand in civil cases not originating by petition at or before the beginning of the trial shall be a waiver of said right. In all civil cases originating by petition written demand for trial by jury shall be made by either party within forty days from the date of service of the original petition, and that the clerk of said court shall enter opposite the case on the issue docket the fact that such demand has been made. Demand for jury trial. Section 2. That Section 2 of said Act approved February 15, 1952 (Ga. Laws 1952, p. 2747), which was amendatory of an Act creating a City Court of Floyd County approved September 27, 1883, and the amendments

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thereto, be amended by striking from line five in the second paragraph of subsection numbered (6) the word nine and inserting in lieu thereof the word fifteen, and striking the word ten in line eleven thereof and inserting in lieu thereof the word fifteen, and by striking the word three from line thirteen thereof and inserting the word six, and by striking in said line thirteen the word two and inserting in lieu thereof the word four, and by striking from line eight in the third paragraph of subsection numbered (6) the word fifteen and inserting in lieu thereof the word thirty, by striking the word three and inserting in lieu thereof the word four in line fourteen in the third paragraph of subsection numbered (6), so that said section as amended will read as follows: Sec. 2 amended. The trial of issues of facts in all cases in said court, when a trial by jury is demanded in writing, shall be by a jury of five jurors. In civil cases wherein a trial is to be had by a jury the clerk of said court shall, from the petit jurors drawn make up a panel of fifteen jurors and the parties shall strike from said panel alternately until there shall be five jurors left, which shall constitute the jury to try the case, the plaintiff to have the first strike. In criminal cases wherein a trial is to be had by a jury said clerk shall, from the petit jurors drawn, make up a panel of fifteen jurors from which the parties shall strike alternately, the defendant to have first strike and the right to challenge six jurors preemptorily and the State four, thus leaving five jurors, which shall constitute the jury to try the case. Juries. Jurors for said city court shall be procured as follows: The clerk of the Superior Court of Floyd County shall deliver to the judge of said city court, the traverse jury box of the superior court, and the judge of the said city court, under the same rules as are provided for the superior court, shall draw from said box for each week of each regular quarterly term when juries may be needed not more than thirty names of jurors, and whenever jurors shall have been drawn as herein provided, said judge shall then seal and certify said jury box, as is done

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by the judge of the superior court. At the opening of each week of the quarterly terms of said court, from the persons so drawn, said judge of said city court shall empanel four panels of five jurors each, for service during said week. Said jurors shall b summoned by the sheriff of said county or his deputy, and for their service shall receive the same compensation per diem as is paid during that year to jurors in the superior court. Whenever it may be necessary to provide jurors for any special or adjourned term, or to provide tales jurors for any reason in said city court, the judge thereof may provide such jurors under the same rules as are now or may hereafter be provided in the superior courts. If at any time additional jurors may be needed in said city court, said judge shall have authority to empanel the same in like manner as the same may be done in the superior court. Section 3. That Section 4 of said Act approved February 15, 1952 (Ga. L. 1952, p. 2747), which was amendatory of an Act creating a City Court of Floyd County approved September 27, 1883, and the amendments thereto, be and the same is repealed and there is hereby enacted in lieu thereof the following: Sec. 4 amended. That the laws of procedure, pleading, and practice in civil actions and civil procedures in the superior courts of this State as ratified and confirmed by a resolution by the General Assembly of Georgia, approved February 1, 1946 (Ga. Laws 1946, pp. 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, except as set out herein. Procedure and practice. Section 4. All statutes or parts of statutes in conflict with any of the provisions of this Act are hereby expressly repealed. Section 5. If any provision of this Act is declared invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end the provisions of this Act are declared to be severable.

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Section 6. This Act shall take effect March 1, 1953. To Whom It May Concern: Notice is hereby given that during the 1953 session of the Georgia General Assembly, bills will be proposed applicable only to Floyd County. To amend and define all existing Acts pertaining to the regular terms of Floyd Superior Court. To amend and define all Acts pertaining to regular terms and procedure in the City Court of Floyd County. To provide rules for qualifying as a candidate for the office of Representative. This notice is given in compliance with Article III, Section XIV, Paragraph XV of the Constitution of Georgia, 1945, and Code Section 47-801, Statutes of Georgia. Dec. 9, 16, 23. Georgia, Floyd County. Personally appeared before the undersigned authority, M. G. Hicks, who, being duly sworn, says on oath that he is a duly elected, qualified and acting Representative of Floyd County in the General Assembly of the State of Georgia; that he is the author of the above and foregoing bill; and that the above and foregoing notice of intention to apply for the passage of such bill has been published as provided by law. /s/ M. G. Hicks. Sworn to and subscribed before me, this 21 day of January, 1953. /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Notarial Seal Affixed). Approved February 16, 1953.

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BREMENSTREET CLOSING AUTHORIZED. No. 114 (House Bill No. 243). An Act vesting in the City of Bremen the power and authority to close that part of Flint Street in said city which runs from the north side of Laurel Street to the south side of Poplar Street and to sell and to convey to the abutting owners fee-simple title to the land embraced in said part of said street; 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 there is hereby vested in the City of Bremen the power and authority to close that part of Flint Street in said city which runs from the north side of Laurel Street to the south side of Poplar Street, and to sell and to convey to abutting owners on the east and west fee-simple title to the land embraced in said part of Flint Street. Flint Street. Section 2. That said sale and conveyance may be made pursuant to a resolution to be adopted by the Mayor and Council of the City of Bremen at any regular meeting, which resolution shall be effective immediately upon passage, the consideration to be paid for said tract of land to be in the discretion of the said mayor and council, the mayor and city clerk being authorized to execute the deed of conveyance in the name of said city. Upon the execution and delivery of said deed, said part of Flint Street shall be closed as and cease to be a public street. Closing of part; conveyance. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Section 4. 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 author thereof that same was regularly published in the newspaper in

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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. Notice of Intention to Apply for Local Legislation. City of Bremen, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1953, for the passage of a bill entitled as follows: An Act vesting in the City of Bremen the power and authority to close that part of Flint Street said city which runs from the north side of Laurel Street to the south side of Poplar Street and to sell and convey to the abutting owners fee simple title to the land embraced in said part of said street; and for other purposes. This the 13th day of December, 1952. J. T. Wheeler, Mayor, City of Bremen W. H. Swint, Councilman, City of Bremen J. R. Helton, Councilman, City of Bremen H. B. Holland, Councilman, City of Bremen L. Dryden, Councilman, City of Bremen. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold L. Murphy, who, on oath, deposes and says that he is Representative from Haralson County, and that the attached

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copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune, which is the official organ of Haralson County, on the following dates: December 18, 1952; December 25, 1952; January 1, 1953; January 8, 1953; and January 15, 1953. /s/ Harold L. Murphy, Representative, Haralson County. Sworn to and subscribed before me, this 21st day of January, 1953. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Notarial Seal). Approved February 16, 1953. PENSION SYSTEM IN CERTAIN CITIES. No. 116 (House Bill No. 217). An Act to amend an Act entitled an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish pensions to all officers and employees of such cities who have served for 25 years, now in active service, whose names are on the payroll of the city and to future members specified and for the other purposes set forth in the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, 268) and the several Acts amendatory thereof, so as to provide credit for service in the armed forces of the United States under the Department of Defense or service in the Coast Guard of the United States for the purpose of service pension rights; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State

Page 2268

of Georgia and it is hereby enacted by authority of the same that an Act entitled an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish pensions to all officers and employees of such cities who have served for 25 years, now in active service, whose names are on the payroll of the city and to future members specified and for the other purposes set forth in the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, 268) and the several Acts amendatory thereof be and the same is hereby further amended as follows: Section 1. Service in the armed forces of the United States, under the Department of Defense, or service in the Coast Guard of the United States, shall, for the purpose of service pension rights established by this Act, be considered service to any such city, upon the following terms and conditions: (a) Such officer or employee must have been inducted into such armed forces, either voluntarily or involuntarily, under any Act applicable thereto, when there is at the time of such induction an actual conflict or such induction is mandatory under the applicable law; Service in armed forces. (b) Such officer or employee must have been on the payrolls of any such city and in good standing at the time of such induction; (c) Such officer or employee shall not voluntarily extend his term of service beyond the termination of the conflict or beyond the time when he could retire from such service; (d) Such officer or employee shall make application for re-employment to his former position within the time required by the charter of any such city for the re-employment of such officers or employees; (e) Dishonorable discharge from such armed forces shall terminate all rights under this amendment; and

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(f) Such officer or employee, upon his return to the service of such city from service in the armed forces, shall make the same contributions to the said pension fund for the time served in the armed forces as he would have made if he had been in active service of the city, but shall be permitted to make such contributions in equal monthly installments within a period of time equal to the time served in such armed forces. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1953. PENSION SYSTEM IN CERTAIN CITIES. No. 117 (House Bill No. 216). An Act to amend an Act entitled an Act to provide a pension for members of the police departments in cities having a population of 150,000 or more, in the State of Georgia, according to the last census of the United States, and for the other purposes set forth in the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, 222) and the several Acts amendatory thereof, so as to provide credit for service in the armed forces of the United States under the Department of Defense or service in the Coast Guard of the United States for the purpose of service pension rights; 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 an Act entitled an Act to provide a pension for members of the police departments in cities having a population of 150,000 or more, in the State of Georgia, according to the last census of the United States and for the other purposes set forth in the Act approved February 15, 1933 (Ga. Laws, 1933, pp. 213, 222) and the several Acts amendatory thereof be and the same is hereby

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further amended as follows: Section 1. Service in the armed forces of the United States, under the Department of Defense, or service in the Coast Guard of the United States, shall, for the purpose of service pension rights established by this Act, be considered service to any such city, upon the following terms and conditions: (a) Such officer or employee must have been inducted into such armed forces, either voluntarily or involuntarily, under any Act applicable thereto, when there is at the time of such induction an actual conflict or such induction is mandatory under the applicable law; Service in armed forces. (b) Such officer or employee must have been on the payrolls of any such city and in good standing at the time of such induction; (c) Such officer or employee shall not voluntarily extend his term of service beyond the termination of the conflict or beyond the time when he could retire from such service; (d) Such officer or employee shall make application for re-employment to his former position within the time required by the charter of any such city for the re-employment of such officers or employees; (e) Dishonorable discharge from such armed forces, shall terminate all rights under this amendment; and (f) Such officer or employee, upon his return to the service of such city from service in the armed forces, shall make the same contributions to the said pension fund for the time served in the armed forces as he would have made if he had been in active service of the city, but shall be permitted to make such contributions in equal monthly installments within a period of time equal to the time served in such armed forces. Section 2. All laws and parts of laws in conflict herewith

Page 2271

are hereby repealed. Approved February 16, 1953. TALIAFERRO COMMISSIONERS' PURCHASES. No. 118 (House Bill No. 227). An Act to repeal an Act entitled An Act to require that the Board of Commissioners of Taliaferro County receive at least three bids on all purchases made by the board in the amount of $500.00 or more, excluding the purchases made by the board of commissioners of road machinery; to provide for a penalty; to repeal conflicting laws; and for other purposes, approved February 15, 1952 (Ga. Laws 1952, p. 2573); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to require that the Board of Commissioners of Taliaferro County receive at least three bids on all purchases made by the board in the amount of $500.00 or more, excluding the purchases made by the board of commissioners of road machinery; to provide for a penalty; to repeal conflicting laws; and for other purposes, approved February 15, 1952 (Ga. Laws, p. 2573), is hereby repealed in its entirety. Act of 1952 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. State of Georgia, Taliaferro County. Notice is hereby given that application will be made

Page 2272

at the session of the General Assembly of Georgia, which will convene in January, 1953, for the passage and approval of a bill entitled as follows: An Act to repeal Bill No. 729, approved February 7th, 1952, Georgia Laws 1952, Pages 2573 2574. This the 2nd day of December, 1952. /s/ Wales Flynt, Wales Flynt. State of Georgia, Taliaferro County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, Carey Williams, who, being duly sworn, deposes and says on oath that he is the publisher of the Advocate Democrat, the newspaper in which the sheriff's advertisements are published in Taliaferro County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Advocate Democrat on the following dates: December 12, 1952, December 19, 1952 and December 26th, 1952. This 17th day of January, 1953. /s/ Carey Williams, Carey Williams. Sworn to and subscribed before me, This the 19th day of January, 1953. /s/ R. M. McCommon. Notary Public. (Seal). Approved February 16, 1953.

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WARREN TAX RECEIVER'S COMPENSATION. No. 120 (House Bill No. 192). An Act to authorize the Cmmissioner of Roads and Revenues and the County Treasurer of Warren County, Georgia, to pay to the Tax Receiver of Warren County, Georgia, the sum of three hundred fifty dollars per year, payable annually on or before December 20th of each year, in addition to the fees and compensations now paid to said officer; to provide the effective date; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That from and after the passage and approval of this Act, the Commissioner of Roads and Revenues and the Treasurer of Warren County, Georgia, are hereby authorized and directed to pay to the Tax Receiver of Warren County, Georgia, the sum of three hundred fifty ($350.00) dollars per year, payable annually on or before December 20th of each year, in addition to the fees and compensations now paid to said officer. Compensation. Section 2. This Act shall take effect as of January 1, 1953, and shall expire on January 1, 1957. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 4. Affidavit of the legal advertisement of this local Act is hereto attached and is made a part of this Act and reference is made to it. Georgia, Warren County. Personally appeared before the undersigned attesting officer, authorized under the laws of Georgia to administer oaths, Alva L. Haywood, who, after being duly sworn, on oath, says: That he is editor and owner of the Warren Clipper, a newspaper publisher in Warren County,

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Georgia, and that said newspaper is the official newspaper of said county and is the newspaper sheriff's advertisements are made in and for said county. That the following notice was published in the December 19, 1952, December 26, 1952, and January 2, 1953, issues of said paper: The Warrington Clipper. Warrington, Warren County, Ga. Friday Legals. Notice. Notice of intention of have a bill with local application introduced at the next regular session of the General Assembly of Georgia. Notice is hereby given that application will be made at the next regular session of the General Assembly of Georgia commencing on the second Monday in January, 1953, for the passage of a bill captioned as follows: To authorize the Commissioner of Roads and Revenue and the County Treasurer of Warren County, Georgia, to pay to the Tax Receiver of Warren County, Georgia, the sum of three hundred fifty dollars per year, payable annually on or before December 20th of each year in addition to the fees and compensations now paid to said officer; to provide the effective date; and for other purposes. The bill, if passed, would approximately re-imburse me for the loss in commissions I have suffered because of the homestead exemptions, and it would expire on January 1, 1957. This the 9th day of December, 1952. Daniel B. Stewart

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Dec. 12 19 26 Sworn to and subscribe before me, this January 17, 1953. /s/ Joel H. Terrell Notary Public, Warren County, Georgia. (Seal) /s/ Alva L. Haywood Alva L. Haywood Approved February 16, 1953. QUITMAN SHERIFF'S COMPENSATION. No. 121 (House Bill No. 191) An Act to provide for compensation for the Sheriff of Quitman County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Sheriff of Quitman County shall be paid the sum of fifty ($50.00) dollars per month, in addition to any fees or compensation of whatever nature he now receives. The said sum shall be paid by the disbursing authority of Quitman County from the general funds of said county. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Georgia, Quitman County. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia,

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a bill to change the compensation of the Sheriff of Quitman County. This, the 3rd day of December, 1952. Joe J. Hurst, Representative-Elect, Quitman County, Georgia. 12:11, 18, 25. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe J. Hurst, who, on oath, deposes and says that he is Representative from Quitman County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal, which is the official organ of Quitman County, on the following dates: December 11th, 18th, and 25, 1952. /s/ Joe J. Hurst Representative, Quitman County Sworn to and subscribed before me, this 20 day of January, 1953. /s/ Josephine M. McKibben Approved February 16, 1953. WEST POINT CORPORATE LIMITS. No. 122 (House Bill No. 319). An Act to amend an Act entitled, An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. Laws 1900, p. 474), as amended, so as to change the corporate limits of the City of West Point; to provide for a referendum;

Page 2277

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 new charter for the City of West Point, in the county of Troup, approved December 13, 1900 (Ga. Laws 1900, p. 474), as amended, is hereby amended by striking the provisions of Section 3 thereof, which section describes the corporate limits of the City of West Point, and inserting in lieu thereof new provisions so that Section 3 shall now read as follows: Section 3. Be it further enacted that the corporate limits of the City of West Point shall be as follows: All of fractional land lots 57-58 and 59 lying on the west side of the Chattahoochee River in the 16th land district of originally Carroll now Troup County, Georgia; the above area being bounded on the west by the Georgia-Alabama State line. Also: Fractional land lots 316, 317, 318, a portion of 277, 238, 286, 287, and 273, the whole of 283, 284, 285, 276, 275, and 274, all in the 5th land district, Troup County, Georgia, lying on the east side of the Chattahoochee River. Corporate limits. Also: Fractional land lot No. 319, a portion of fractional land lot 320 and 281; a portion of land lots 282 and 278, in the 5th land district, Harris County, Georgia, lying on the east side of the Chattahoochee River; the area on the east side of the Chattahoochee River is more fully described as follows, to wit: Begin at a point where the center line of the Georgia Power Company high tension power line intersects the northeast bank of the Chattahoochee River in fractional land lot No. 320; thence as a physical marker follow said high tension line in a northeasterly direction until same intersects the east margin of land lot No. 277 for a corner; thence north along the last margin of land lots 277, 276 and 275, to the northeast corner of land lot 275 for a corner; thence east along the land lot line between 237

Page 2278

and 238 to the northwest margin of the A. W. P. Railroad right of way; thence in a northeasterly direction along the northwest margin of said right of way to the intersection of the north margin of land lot No. 238 for a corner; thence west along the north margin of land lots 238 and 274 to the east margin of U. S. Highway No. 29; thence 90 to the north for 300 feet to a point for a corner; thence 90 to the west and parallel with the north margin of land lots 274 and 286 to a point 525 feet, more or less, west of the east margin of land lot 287 and to the east margin of a street when projected north 300 feet for a corner; thence south parallel with land lot lines to the north margin of land lot No. 285 for a corner; thence west along the north margin of land lot 285 and fractional land lot 316 to the east margin of the Chattahoochee River for a corner; thence in a southerly direction along the east bank of said river to the beginning point. Section 2. Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Troup County to issue the call for an election for the purpose of submitting this Act to certain voters who are as follows: (a) All those voters who were qualified to vote for the mayor of the City of West Point, Georgia, in the last held city election of said West Point, Georgia, and (b) also all those voters who now live outside the corporate limits of West Point, Georgia, but who, if this Act is approved in referendum, would live in such corporate limits, and who were qualified to vote for State House officers in the last held general election of this State, for said voters' approval or rejection. The date of the election shall be set and held not less than 20 nor more than 30 days from the date of the issuance of such call. The date and purpose of this election shall be published once a week for two weeks prior to the date thereof in the official organs of Troup and Harris counties. The ballot shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of West Point, Georgia, and Against approval of

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the Act extending the corporate limits of the City of West Point, Georgia. Referendum. Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of the Act shall vote against approval. Said ordinary shall designate two polling places for said electionone for the residents of the City of West Point and one for those persons living outside the corporate limits who are affected by this referendum. If a majority of each separate group votes for approval, then the Act shall become of full force and effect on the first day of July, 1953. If both groups combined or either of the groups separately fail to approve the Act, then it shall be void and invalid and of no force or effect. The expense of such election shall be borne as follows: The costs for holding said election inside the corporate limits of West Point, Georgia, shall be borne by said city. The costs for holding said election in those areas affected by the Act which are outside the corporate limits of West Point, Georgia, shall be borne by Troup County. It shall be the duty of the ordinary to canvass the returns and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Wm. A. Coker who being duly sworn, deposes and says that he is the general manager of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange,

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in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Legal Advertisement. Legal 5460 Dec. 20, 26 Jan. 2 9 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia, local legislation to amend an Act entitled An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900, (Ga. Laws 1900, p. 474) and all Acts amendatory thereof so as to provide that the corporate limits of said city shall be as follows: All of the fractional land lots 57-58 and 59 lying on the west side of the Chattahoochee River in the 16th land district of originally Carroll now Troup County, Georgia, the above area being bounded on the west by the Georgia-Alabama State line. Also: Fractional land lots 316, 317, 318, a portion of 277, 238, 286, 287, and 273, the whole of 283, 284, 285, 276, 275 and 274, all in the 5th land district, Troup County, Georgia, lying on the east side of the Chattahoochee River. Also: Fractional land lot No. 319, a portion of fractional land lot 320 and 281; a portion of land lots 282 and 278, in the 5th land district, Harris County, Georgia, lying on the east side of the Chattahoochee River; the area on the east side of the Chattahoochee River is more fully described as follows, to wit: Begin at a point where the center line of the Georgia

Page 2281

Power Company high tension power line intersects the northeast bank of the Chattahoochee River in fractional land lot No. 320; thence as a physical marker follow said high tension line in a northeasterly direction until same intersects the east margin of land lot No. 277 for a corner; thence north along the east margin of land lots 277, 276, and 275, to the northeast corner of land lot 275 for a corner; thence east along the land lot line between 237 and 238 to the northwest margin of the A. W. P. Railroad right of way; thence in a northeasterly direction along the northwest margin of said right of way to the intersection of the north margin of land lot No. 238 for a corner; thence west along the north margin of land lots 238 and 274 to the east margin of U. S. Highway No. 29; thence 90 to the north for 300 feet to a point for a corner; thence 90 to the west and parallel with the north margin of land lots 274 and 286 to a point 525 feet, more or less, west of the east margin of land lot 287 and to the east margin of a street when projected north 300 feet for a corner; thence south parallel with land lot lines to the north margin of land lot No. 285 for a corner; the same being the original corporate limit line; thence west along the north margin of the land lot 285 and fractional land lot 316 to the east margin of the Chattahoochee River for a corner; thence in a southerly direction along the east bank of said river to the beginning point. This the 19th day of December, 1952. Frank G. Birdsong, Representative in General Assembly of Georgia from Troup County. M. E. Groover, Sr., Representative in General Assembly of Georgia from Troup County. has been published in said LaGrange Daily News, to wit: Dec. 20, 1952, Dec. 26, 1952, Jan. 2, 1953, Jan. 9, 1953 being 4 (four) publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker, General Manager.

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Sworn and subscribed before me, this 9 day of Jan. 1953. /s/ Eleanor H. Orr Notary Public, Troup County. (Seal) Georgia, Harris County. I, Johnston C. Woodall, do hereby certify that I am publisher of the Harris County Journal, the newspaper in which sheriff's advertisements appear for said Harris County, and the attached copy of Notice of Intention to Introduce Local Legislation was published in said newspaper on the following dates: December 25, 1952; January 1, 1953; January 8, 1953. /s/ Johnston C. Woodall Sworn to and subscribed before me, this 8 day of Jan., 1953. /s/ Dirlie M. Gillis Notary Public (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia, local legislation to amend an Act entitled An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. Laws 1900, p. 474) and all Acts amendatory thereof so as to provide that the corporate limits of said city shall be as follows: All of fractional land lots 57-58 and 59 lying on the west side of the Chattahoochee River in the 16th land district of originally Carroll now Troup County, Georgia, the above area being bounded on the west by the Georgia-Alabama State line. Also: Fractional land lots 316, 317, 318, a portion of

Page 2283

277, 238, 286, 287, and 273, the whole of 283, 284, 285, 276, 275, and 274, all in the 5th land district, Troup County, Georgia, lying on the east side of the Chattahoochee River. Also: Fractional land lot No. 319, a portion of fractional land lot 320 and 281; a portion of land lots 282 and 278, in the 5th land district, Harris County, Georgia, lying on the east side of the Chattahoochee River; the area on the east side of the Chattahoochee River is more fully described as follows, to wit: Begin at a point where the center line of the Georgia Power Company high tension power line intersects the northeast bank of the Chattahoochee River in fractional land lot No. 320; thence as a physical marker follow said high tension line in a northeasterly direction until same intersects the east margin of land lot No. 277 for a corner; thence north along the east margin of land lots 277, 276 and 275, to the northeast corner of land lot 275 for a corner; thence east along the land lot line between 237 and 238 to the northwest margin of the A. W. P. Railroad right of way; thence in a northeasterly direction along the northwest margin of said right of way to the intersection of the north margin of land lot No. 238 for a corner; thence west along the north margin of land lots 238 and 274 to the east margin of U. S. Highway No. 29; thence 90 to the north for 300 feet to a point for a corner; thence 90 to the west and parallel with the north margin of land lots 274 and 286 to a point 525 feet, more or less, west of the east margin of land lot 287 and to the east margin of a street when projected north 300 feet for a corner; thence south parallel with land lot lines to the north margin of land lot No. 285 for a corner; the same being the original corporate limit line; thence west along the north margin of land lot 285 and fractional land lot 316 to the east margin of the Chattahoochee River for a corner; thence in a southerly direction along the east bank of said river to the beginning point. This the 19th day of December, 1952.

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Frank G. Birdsong, Representative in General Assembly of Georgia from Troup County. W. E. Groover, Sr., Representative in General Assembly of Georgia from Troup County. Approved February 16, 1953. TURNER COMMISSIONERSAMENDMENTS. No. 124 (House Bill No. 310). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended by an Act approved August 13, 1931 (Ga. Laws 1931, p. 583), and by an Act approved February 19, 1951 (Ga. Laws 1951, p. 2438), so as to provide that the amount of the official bonds of the members of the Board of Commissioners of Roads and Revenues for Turner County may be changed; to provide that the board may fix and pay the salaries of the county attorney and county physician of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Turner; to provide for the election of the members of said board; to provide for the compensation of the members of said board; to define the powers and duties of said board; to provide for a clerk of said board; to provide for the compensation of said clerk of the board; to define the duties of said clerk; to provide for the election by said board of an attorney for said board, and his compensation; to provide for the filling of vacancies of said board; to

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provide for the term of office of the members of said board; to provide for the election by the board of a superintendent of roads and bridges who shall be in sole charge of the building, construction, and repair of the roads and bridges of Turner County, subject to the directory control of the board as represented by its orders issued at regular or call meetings of such board; to provide for the compensation of such superintendent and to prescribe his duties, if elected or employed; to prescribe the jurisdiction of said board; to provide the method of election of the members of the board; to prescribe a date when the provisions of this bill shall become effective, and to prescribe a different date when the provisions of this bill may become effective; and for other purposes, approved August 18, 1927 (Ga. Laws 1927, p. 702), especially as amended by an Act approved August 13, 1931 (Ga. Laws 1931, p. 583), and by an Act approved February 19, 1951 (Ga. Laws 1951, p. 2438), is hereby amended by striking from line three of Section 4 the words one thousand and inserting in lieu thereof the words three thousand five hundred, so that said section when amended shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that each commissioner before entering upon his duties shall give bond in the sum of three thousand five hundred dollars each, to be signed by a surety company authorized to do business in the State of Georgia, payable to the Ordinary of Turner County, Georgia, and his successors in office, and shall take and subscribe to an oath before the ordinary of said county to well and faithfully perform his duties as such commissioner under this Act, and the said bond shall be filed with the ordinary and recorded upon his minutes, and the fee suretyship on said bonds, as well as the bond of the clerk hereinafter referred to, shall be paid out of the general funds of Turner County as other expenses of the county government are paid. Said bond shall be for the faithful performance of the duties of the office, and may be sued on by the ordinary on his own motion or by direction of the grand jury, and any commissioner and his sureties shall be liable for any breach

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thereof by way of malfeasance in office or for any neglect of duty. Commissioners' bond. Section 2. Said Act, as especially amended, is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7, which shall read as follows: Section 7. The offices of clerk of the board of commissioners of roads and revenues, warden of convicts, county attorney, and county physician of said County of Turner, to serve under the said board, are hereby created and provided for, the appointment, qualification, term of office, salary, powers and duties of each of these officers being hereby fixed and prescribed as follows: The Clerk: At the first meeting of the said board in January of each year, or at an adjourned or special meeting held within a reasonable time thereafter, the board shall appoint some competent person to the office of clerk of the board, the term of office to be for the calendar year in which the appointment is made, the appointee to qualify, before exercising the office, by taking oath as may be prescribed by the board, and by executing and filing with the ordinary of said county good and sufficient bond in the sum of two thousand dollars, with some fidelity or bonding company authorized to do business in said State as security, same to be payable to, approved by, and filed with the ordinary of said county, and recorded upon the bond record in his office, conditioned for the faithful performance of his duties, and to account for all funds, properties, and effects of all kinds coming into his custody and charge as such clerk, the same to be sued and enforced in like manner as bonds of county officers under the general law. It shall be the duty of the clerk to keep and record, in a book provided for that purpose, full, true, and correct minutes of all meetings of the said board, and of all acts and transactions of the board and its members pertaining to the county business and affairs; to keep daily account, posted and up to date, on a book or books provided for that purpose, full, true, and correct itemized account of all money received, paid out, or handled in any

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way by the said board, its members, the clerk, or any person under their authority, pertaining to the county business, funds, or affairs; and the clerk shall keep such other books and records as may be required by law, and as may be required by said board, and shall perform any and all other duties and acts as devolved upon him or as may be prescribed or directed by the board. The clerk shall be and is hereby made the custodian of all funds coming into the hands of said board, with authority to receive and receipt for the same, and it being his duty to promptly make deposit of same with the county treasury or other proper authority as fixed by law, and by the order and direction of said board. The clerk may be removed at any time by the board, for good cause in its discretion, the office declared vacant, and a successor appointed and allowed to qualify for the unexpired term. A member of the board, any other county officer, or any person competent in the judgment of the board, shall be eligible to the office of clerk. The board shall prescribe the room or office in the county courthouse in which the clerk shall keep his books and records, and shall fix and prescribe the hours of the day that his office shall be kept open to the public for the transactions of the public business of his office. His records and accounts shall be open to inspection of the public. The board shall have the authority to fix and pay the salary of the clerk. Clerk. The Warden: At the first meeting in January of each year, or at any adjourned or special meeting to be held within a reasonable time thereafter, the board shall appoint some capable person to the office of warden of the convicts, the term to be the calendar year in which the appointment is made, and until his successor is appointed and installed in office, whose duty it shall be to take custody and charge of all convicts confined in the chain gang of the said county, and, under the orders and directions of the said board and its members, to keep and superintend the prison camps and chain gangs of the said county, and the inmates thereof, be careful in keeping them in confinement, looking after their health, comfort, and welfare, and see that their sentences are properly enforced by subjecting them to reasonably hard labor upon the highways,

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public roads, bridges, and other public works of said county, superintend and direct the work done by them; and the warden shall be the custodian of all livestock, motor vehicles, implements, tools, and other equipment used in connection with the camps, chain gangs, and works, and all supplies and other things used and handled in the course of the work, and he shall keep, preserve, and protect the same; and it shall be the duty of the warden to keep a full and complete inventory and record, in a book provided for that purpose, of all articles of every kind taken charge of by him in beginning service, received by him during service, and of the disposition of same, making daily entries and keeping such record up to date at all times; and the warden shall make his requisitions for supplies in writing, making same at such intervals as the board may require, and shall assist in making purchases as the board may direct, keeping detailed record and account, on a book provided for that purpose, of all supplies received, and daily record of those issued for use, so that the board, from inspection of the record, may readily determine the monthly, weekly, and daily use and consumption of supplies, and the cost thereof; and the warden shall perform such other service and observe such other regulations as the board may from time to time prescribe. The board shall have the authority to fix and pay the salary of the warden. The board shall be authorized to provide the warden with a truck (not a passenger automobile) for use by him in making his trips from place to place in the county in connection with his service for the county, same to be utilized by him in the transportation of the convicts, the tools, supplies, and otherwise as may be practicable and economical in connection with his service. The board may remove the warden at any time for good cause in the discretion of the board, declare a vacancy in the office, and thereupon appoint his successor to serve the unexpired part of the current term. In the event of a vacancy for any reason, the board shall fill same for the unexpired part of the term. Warden. The County Attorney: At the first meeting in January each year, or at an adjourned or special meeting to

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be held within a reasonable time thereafter, the board shall appoint a capable attorney or firm of attorneys, practicing in said county, as county attorney, for the term of the calendar year in which the appointment is made (and until the successor or successors are appointed and installed in office), whose duty it shall be, as such attorney or attorneys at law, to represent the said county, the said board of commissioners, and the members and officers thereof in all matters pertaining to the business affairs of the county, and of the said board and officers in connection with their official duties and service; to render legal advice to the board and its officers, to draw and approve all contracts and other papers, and perform any and all other service that such attorney or attorneys may be called upon to render by the board or its officers pertaining to the county's business and affairs and their official duties. The board shall have the authority to fix and pay the salary of the county attorney, or attorneys. The county attorney, or attorneys, may be removed by the board at any time, for good cause in the discretion of the board, and a vacancy declared, and thereupon a successor or successors, be appointed for the unexpired term. In the event of a vacancy for any reason, the board shall fill same for the unexpired part of the term. County attorney. The County Physician: At the first meeting in January of each year, or at an adjourned or special meeting held within a reasonable time thereafter, the board shall appoint a capable physician, practicing in said county, for the term of the calendar year in which the appointment is made (or until his successor is appointed and installed in office), whose duty it shall be to visit and inspect the county jail and the convict camps of the county from time to time, and prescribe sanitary and health regulations to govern the keeping of the places where prisoners and convicts are confined; to examine the prisoners and convicts, attend them in sickness, and render them such medical and surgical treatment, service, and attention as their conditions may require from time to time; and to render such other service as physician to the prisoners and convicts as he may be called upon by the board or its officers to render. The board shall have the authority to fix and

Page 2290

pay the salary of the county physician. The board shall furnish the medicines, appliances, and materials needed by the physician in this service. The physician may be removed by the board at any time for good cause, in the discretion of the board, a vacancy decalred, and thereupon a successor be appointed for the unexpired part of the term. The board may fill a vacancy in this office occurring at any time for any reason. County physician. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. There will be introduced at and in the 1953 meeting of the General Assembly of the State of Georgia, a bill to amend Sections 1 and 3 of the Turner Commissioners; amending Act, found on pages 583 to 591, Georgia Laws 1931, so as to provide that the amount of the official bonds of the members of said board be increased from one thousand to three thousand five hundred dollars; and also to provide that the Board of Commissioners of Roads and Revenues of Turner County, Georgia, may fix and pay the salaries of the county attorney and county physician of said board; and for other purposes. T. E. Kennedy, Jr. Floyd Wardlow Members, General Assembly of Georgia from Turner County, Ga. State of Georgia, Turner County. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared Mrs. Nora Lawrence Smith who, being first duly sworn, deposes and says as follows: That she is co-owner and publisher of the Wiregrass Farmer, a newspaper published in said county, being of general circulation and being the newspaper in which sheriff's advertisements are published in said county; and that the attached and foregoing is a full and true copy of notice of intention to apply for local

Page 2291

legislation affecting the Board of Commissioners of Roads and Revenues of Turner County, Georgia, and that said notice was duly published once a week for three weeks in said newspaper the said notice of intention having been published and advertised in said newspaper in the issues thereof published and dated January 8th, January 15th, and January 22nd, 1953, respectively. /s/ Mrs. Nora Lawrence Smith Sworn to and subscribed before me, this the 23rd day of January, 1953. /s/ John R. Rogers Notary Public, Georgia State at Large. My com. expires Mar. 21, 1954. Notarial Seal Affixed. Approved February 16, 1953. TURNER SHERIFF'S BOND. No. 125 (House Bill No. 309). An Act to repeal an Act entitled An Act to reduce the official bond of the Sheriff of Turner County, Georgia, from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars, approved March 1, 1937 (Ga. Laws 1937, p. 1423); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to reduce the official bond of the Sheriff of Turner County, Georgia, from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars, approved March 1, 1937 (Ga. Laws 1937, p. 1423) is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with

Page 2292

the provisions of this Act are hereby repealed. Notice of Local Legislation. There will be introduced at and in the 1953 meeting of the General Assembly of the State of Georgia a bill to amend the Act entitled Turner Sheriff's Bond Reduced and found on pages 1423 and 1424, Georgia Laws 1937, so as to provide for the increase in the amount of the official bond of the Sheriff of Turner County, Georgia, from five thousand ($5,000.00) dollars to ten thousand ($10,000.00) dollars; and for other purposes. T. E. Kennedy Jr., Floyd Wardlow, Members, General Assembly of Georgia from Turner County, Ga. State of Georgia, Turner County. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared Mrs. Nora Lawrence Smith who, being first duly sworn, deposes and says as follows: That she is co-owner and publisher of the Wiregrass Farmer, a newspaper published in said county, being of general circulation and being the newspaper in which sheriff's advertisements are published in said county; and that the attached and foregoing is a full and true copy of notice of intention to apply for local legislation affecting the official bond of the Sheriff of Turner County, Georgia, and that said notice was duly published once a week for three weeks in said newspaper, the said notice of intention having been published and advertised in said newspaper in the issues thereof published and dated January 8th, January 15th, and January 22nd, 1953, respectively. /s/ Mrs. Nora Lawrence Smith Sworn to and subscribed before me, this the 23rd day of January, 1953.

Page 2293

/s/ John R. Rogers Notary Public, Georgia State at Large, My com. expires Mar. 21, 1954. Notarial Seal Affixed. Approved February 16, 1953. CATOOSA COMMISSIONERAMENDMENTS. No. 126 (House Bill No. 305). An Act to amend an Act creating the office of Commissioner of Roads and Revenue for Catoosa County approved February 23, 1943 (Ga. Laws 1943, p. 858) as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1817), so as to increase the salary of the clerical assistance of said office; to fix hours for said office; to provide for the salary of the county legal advisor and to provide his duties; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create the office of Commissioner of Roads and Revenue for the County of Catoosa; to provide for his election and recall; to provide for the term of office of the commissioner; to define certain qualifications of said commissioner; to define the duties of such commissioner, and to provide for the proper supervision of his acts, and the auditing of the books and records kept by him in said capacity, as are now kept in the office of Ordinary of Catoosa County by the clerk of the board of commissioners of roads and revenue, or such other books as may be necessary to keep to specify the compensation of such commissioner for his services and how it shall be levied and paid; to provide for a bond for the acts of such commissioner; and, generally to provide for the management of the affairs of said county, and for the clerk of such commissioner; to provide for the selection

Page 2294

of the first commissioner to qualify under the provisions of this Act, and thereafter his successor; and to provide for the repeal of all laws in conflict with this Act; and for other purposes, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1817), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 which shall read as follows: Section 9. The compensation of the said commissioner of roads and revenue shall be thirty-six hundred ($3,600.00) dollars per annum to be paid at the rate of three hundred ($300.00) dollars per month at the end of each calendar month. In addition to the annual compensation of thirty-six hundred ($3,600.00) dollars herein provided, the said commissioner shall be authorized and entitled to draw a sum not to exceed fifteen hundred ($1,500.00) per annum to cover the cost of clerical assistance in performing the duties of the office of commissioner of roads and revenue. Said commissioner is authorized to pay his expenses necessarily incurred while traveling outside of the county in the transaction of county business, provided, however, that said expense shall not exceed six hundred ($600.00) dollars per annum. The commissioner shall be required to keep his office at the courthouse open from nine thirty (9:30) a.m. to twelve (12) o'clock noon of each weekday, except on holidays. Commissioners' compensation. Section 2. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 which shall read as follows: Section 12. The commissioner shall be authorized and directed to employ a competent attorney at law to advise him and represent the county in any litigation which may arise in which said county is a party. The attorney so employed shall render legal advice to any county officer upon the request of any such officer. The attorney shall be paid an annual salary of six hundred ($600.00) dollars in equal installments at the end of each month, provided, however, that said compensation is not intended to cover

Page 2295

service by county attorney in litigated cases. The commissioner may employ additional counsel to assist the county attorney at any time he may feel it necessary. County attorney. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Special Legislation. Notice is hereby given of my intention to introduce local legislation at the next session of the General Assembly of Georgia, which convenes on the second Monday in January, 1953, of which the following is notice: An Act to amend an Act to create the office of Commissioner of Roads and Revenue for the County of Catoosa (Ga. Laws 1943, pp. 858-872) approved February 23, 1943, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1817-1819) by striking in its entirety Section 9 of said Act as amended and substituting in lieu thereof a new Section 9 to provide for increasing the sum for clerical assistance for said office, and to fix office hours for said office; and to further amend said Act by striking in its entirety Section 12 thereof and substituting therefor a new Section 12 dealing with the question of the employment, compensation and duties of a county attorney. This 18 day of December, 1952. Howard Abney. Representative Catoosa County, Ga. Georgia, Catoosa County. Personally appeared before me, an officer duly authorized by law to administer oaths, Earl Carter, who, being duly sworn, deposes and states that he is the editor of the Catoosa County Record, a paper of general circulation and the one in which sheriff's advertisements are published in Catoosa County, Georgia, and that the above notice of intention to ask for local legislation was published

Page 2296

in the Catoosa County Record on the dates of December 18 and 25, 1952, and January 1, 1953. /s/ Earl C. E. Carter, Earl C. E. Carter. Sworn to and subscribed before me, this 17 day of January, 1953. /s/ Ray Crow, Notary Public State at Large, Rossville, Ga. (Seal). My commission expires May 11, 1953. Notice of Special Legislation. Notice is hereby given of my intention to introduce local legislation at the next session of the General Assembly of Georgia, which convenes on the second Monday in January, 1953, of which the following is notice: An Act to amend an Act to create the office of Commissioner of Roads and Revenue for the County of Catoosa (Ga. Laws 1943, pp. 858-872) approved February 23, 1943, as amended by an Act approved on February 25, 1949 (Ga. Laws 1949, pp. 1817-1819) by striking in its entirety Section 9 of said Act as amended and substituting in lieu thereof a new Section 9 to provide for increasing the sum for clerical assistance for said office, and to fix office hours for said office; and to further amend said Act by striking in its entirety Section 12 thereof and substituting therefor a new Section 12 dealing with the question of the employment, compensation and duties of a county attorney. This 18th day of December, 1952. Howard Abney, Representative, Catoosa County, Georgia. Notice of Special Legislation. Notice is hereby given of my intention to introduce

Page 2297

local legislation at the next session of the General Assembly of Georgia, which convenes on the second Monday in January 1953, of which the following is notice: An Act to amend an Act to create the office of Commissioner of Roads and Revenue for the County of Catoosa (Ga. Laws 1943, pp. 858-872) approved February 23, 1943, as amended by an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1817-1819) by striking in its entirety Section 9 of said Act as amended and substituting in lieu thereof a new Section 9 to provide for increasing the sum for clerical assistance for said office, and to fix office hours for said office; and to further amend said Act by striking in its entirety Section 12 thereof and substituting therefor a new Section 12 dealing with the question of the employment, compensation and duties of a county attorney. This 18 day of December, 1952. Howard Abney, Representative, Catoosa County, Ga. Georgia, Catoosa County. Personally appeared before me, an officer duly authorized by law to administer oaths, Earl Carter, who, being duly sworn, deposes and states that he is the editor of the Catoosa County Record, a paper of general circulation and the one in which sheriff's advertisements are published in Catoosa County, Georgia, and that the above notice of intention to ask for local legislation was published in the Catoosa County Record on the dates of December 18 and 25, 1952, and January 1, 1953. Earl (C. E.) Carter. Sworn to and subscribed before me, this 17 day of January, 1953. Ray Crow, Notary Public, State at Large, Rossville, Ga. My commission expires May 11, 1953. Approved February 16, 1953.

Page 2298

ROCKDALE COMMISSIONER'S SALARY. No. 127 (House Bill No. 304). An Act to fix the salary and other compensation for the Commissioner of Roads and Revenues of Rockdale 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 the same that: The salary of the Commissioner of Roads and Revenues of Rockdale County shall be $2800.00 per annum, beginning January 1, 1953, payable in equal monthly installments from the treasury of the county. Salary. Section 2. That in an addition to the salary of $2800.00 the Commissioner of Roads and Revenues of Rockdale County shall receive an automobile and expense allowance of $1200.00 per annum, payable in the same manner as said salary. Automobile and expenses. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Exhibit A. Georgia, Rockdale County. Notice is hereby given that there will be introduced in the General Assembly of Georgia, at the 1953-54 session thereof, a bill to fix the salary of the Commissioner of Roads and Revenues of Rockdale County, and for other purposes. This December 19, 1952. Wm. T. Dean, Senator, 34th District E. M. Walker, Representative, Rockdale County.

Page 2299

I, W. T. Hay, after being duly sworn, say on oath as follows: That the above copy of notice of intention to ask local legislation, as set out in said attached notice, was duly published and did appear in the Conyers News, as newspaper in which the sheriff's advertisements of said county were published during the entire year of 1952, 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 said Conyers News in the January 2nd, 1953, January 9th, 1953 and January 16th, 1953 issues of the said Conyers News. That the said Conyers News was the newspaper in which the Sheriff of the County of Rockdale did advertise in during the entire year of 1952 and that I am the editor and publisher of the said Conyers News, and was at the time said advertisements did appear therein. /s/ W. Thomas Hay, Publisher. Sworn to and subscribed before me, this the 27th day of January, 1953. /s/ Anne Cowan, Notary Public. (Notarial Seal Affixed). Approved February 16, 1953. DOUGLAS COMMISSIONERSAMENDMENTS. No. 128 (House Bill No. 289). An Act to amend an Act creating a three-member Board of Commissioners of Roads and Revenues for Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), so as to change the compensation of the

Page 2300

members of the board; to provide for the compensation of the clerk of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a three-member Board of Commissioners of Roads and Revenues for Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), is hereby amended by striking Section 7, relating to compensation, in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Sec. 7, Act of 1952 amended. Section 7. The compensation of the chairman of the board shall be $1800.00 per annum, to be paid in equal monthly installments from the general funds of Douglas County. He shall be paid the sum of $600.00 per annum, in equal monthly installments, in lieu of payment for expenses which he incurs while on the official business of the county. The other two members of the board shall be compensated in the amount of $900.00 per annum, which shall be paid in equal monthly installments from the general funds of Douglas County. Commissioners' compensation. Section 2. Said Act is further amended by striking from Section 8 the words and figure not to exceed $600.00 per annum, to and inserting in lieu thereof the words which shall, so that Section 8 when so amended shall read as follows: Sec. 8 amended. Section 8. The board shall employ a clerk and fix the compensation therefor which shall be paid in equal monthly installments out of the general funds of Douglas County, and it shall be the duty of the clerk to attend all meetings of the board and to keep a correct record of the same; to prepare all warrants for the payment of funds, and to keep a record thereof, and to perform such other duties as may be prescribed in this Act, or as may from time to time be prescribed by the board. Clerk. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2301

Douglasville, Ga. January 24, 1953. Georgia, Douglas County: I, P. D. Mathews, owner, editor, and publisher of the Douglas County Sentinel do hereby certify that the attached copy taken from the Douglas County Sentinel, a newspaper published in Douglasville, Douglas County, Georgia, was published in said newspaper in issues dated Jan. 9, 16, and 23, 1953 and that the attached copy is the same as appeared in each issue of the paper as above set out. This 24th day of January, 1953. /s/ P. D. Mathews, P. D. Mathews, Owner, editor, and publisher Douglas County Sentinel. Witness: /s/ Clifford Hollyfield, Notary Public. Notary Public, Fulton County, Georgia. (Seal). My commission expires January 24, 1954. Legal Advertisements. Notice of Intention to Introduce Legislation. 1. An Act to amend the Act setting up the Board of County Commissioners of Douglas County, Georgia. 2. An Act to affect the office of the Clerk of the Superior Court of Douglas County, Georgia. 3. An Act to affect the office of Sheriff of Douglas County, Georgia. 4. An Act to affect the office of Coroner of Douglas County, Georgia.

Page 2302

Alpha A. Fowler, Representative-Elect, Douglas County, Georgia. Jan. 30. Approved February 16, 1953. LAMAR COMMISSIONERSAMENDMENTS. No. 129 (House Bill No. 288). An Act to amend the Act creating the Board of Commissioners of Roads and Revenues for Lamar County approved March 8, 1943, (Act 1943, pp. 1066-72), by striking from Section 6 thereof the following figure, $20.00, and inserting in lieu thereof the figure $50.00; to determine the effective date thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act creating the Board of Commissioners of Roads and Revenues for Lamar County approved March 8, 1943, (Act 1943, pp. 1066-72), be and the same is hereby amended by striking from Section 6 thereof the following figure, $20.00, and inserting in lieu thereof the following figure, to wit, $50.00, so that said Section 6 when so amended shall read as follows: Sec. 6, Act of 1943, amended. Section 6. Be it enacted by the authority aforesaid, that the chairman of the board of roads and revenues for said county shall receive exactly $100.00 per month for his services, and the other commissioners shall receive $50.00 per month for their services; said members of the said board shall receive no other compensation whatever. Said salaries shall be paid monthly. Three

Page 2303

of said commissioners shall constitute a quorum and must concur to pass any order for any contract or pledge the county's credit, grant or allow any claim or charge against said county. After the membership of the board is reduced to three, then two members shall constitute a quorum. No commissioner shall sell directly or indirectly to the county or buy or deal in county warrants or jury script. Compensation, etc. Section 2. Be it further enacted by the authority aforesaid, that the increase in compensation authorized by Section 1 of this Act shall be effective as of the first day of January, 1953. Effective date. Section 3. Be it further enacted by the authority aforesaid, that if any part of this Act should be declared unconstitutional by the courts, the remaining portion or part of said Act shall remain in full force and effect. 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 is hereby repealed. Affidavit as to Publication of Notice Pertaining to Local Legislation. Georgia, Lamar County. Personally appeared before me, the undersigned officer by law duly authorized to administer oaths, William W. Dennis who after being sworn to speak the truth and on his oath says: That he is the owner, editor and publisher of the Barnesville News Gazette, a newspaper with a general circulation throughout said county and in which newspaper the sheriff's advertisements for said county are published, and that the attached printing is an exact copy of the notice that has been published in said News Gazette in the weekly issues of January 8th, 15th and 22nd, 1953.

Page 2304

/s/ William W. Dennis, William W. Dennis. Sworn to and subscribed before me, this the 24 day of January, 1953. /s/ Sue Brown, Notary Public. (Seal). My commission expires Oct. 27, 1956. Notice of Intention to Apply for Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly of Georgia a bill, the same being an Act to amend the Act approved March 8, 1943, creating the Board of Commissioners of Roads and Revenues of Lamar County, Georgia, by increasing the compensation of certain members of said board of commissioners from $20.00 per month to $50.00 per month. This January 7th, 1953. L. G. Lifsey, Representative- Elect of Lamar County. Joe B. Adams, Senator-Elect of 22nd District. 8-15-22. Approved February 16, 1953. COLUMBUS COMMISSIONERSELECTION. No. 130 (House Bill No. 276). An Act to amend the charter of the City of Columbus; providing that the Commission of the City of Columbus shall be authorized, by the passage of appropriate ordinances, to fix the dates and times of primary elections for the nomination of members of said commission;

Page 2305

providing that the laws and regulations relating to qualification and registration of voters and the closing of registration books and other laws and regulations now existing relating to primaries and general elections for members of said commission, which are now applicable annually, shall be applicable only to the years in which may be held primary or general elections for the nomination or election of members of said commission; providing that this Act shall be applicable only in case of passage by the General Assembly of Georgia of an Act increasing the terms of members of said commission from two years to four years; repealing parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the charter of the City of Columbus, as said charter has been heretofore amended by that certain Act approved August 8, 1918 (Ga. Laws 1918, p. 608), relating to voters and registration of voters qualified to vote in elections for elective offices of said city, and for other purposes, as said Act of August 8, 1918, has been amended by Acts on the same subject approved March 23, 1933 (Ga. Laws 1933, p. 906), and approved February 25, 1949 (Ga. Laws 1949, pp. 2079-2085), and other amendments to said charter on said subject, be, and it is hereby, further amended by adding after what is designated as Section 10 in said Act of 1918, as so amended, a new section to be known as Section 10-A and to read as follows: 10-A. The laws and regulations of the City of Columbus relating to qualification and registration of voters and the closing of registration books and other laws and regulations now existing relating to primaries and general elections for members of said commission, which are now applicable annually, shall be applicable only to the years in which may be held primary or general elections for the nomination or election of members of said commission;

Page 2306

provided, further, that the said board of registrars shall not prepare and compile a list of the qualified and registered voters residing within the corporate limits of said city except in those years in which is held a primary or a general election for the nomination or election of members of the commission of said city. Voters qualification and registration. Section 2. That the charter of said City of Columbus, as said charter has heretofore been amended by the Acts approved March 8, 1945 (Ga. Laws 1945, p. 1019), and approved February 25, 1949 (Ga. Laws 1949, pp. 2079-2085), and other amendments to said charter on the subject, relating to primary elections for nomination of members of the Commission of the City of Columbus, be and it is, hereby further amended by adding after what is designated as Section 1 in said Act of 1945, as so amended, a new section to be known as Section 1-A and to read as follows: 1-A. The Commission of the City of Columbus shall be authorized, from time to time, by the passage of appropriate ordinances, to fix or change the dates and times of primary elections for the nomination of members of said commission. Except to the extent that they may be changed, fixed or altered pursuant to the authority granted to said commission by this section, the dates and times of such primary elections shall be in accordance with existing provisions of the charter of said city. Primaries. Section 3. That this Act shall be applicable only in case of passage by the General Assembly of Georgia of an Act increasing the terms of members of said commission from two years to four years. Section 4. That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Section 5. 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

Page 2307

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, City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January, 1953, for the passage of a bill entitled as follows: An Act to amend the charter of the City of Columbus; providing that the Commission of the City of Columbus shall be authorized, by the passage of appropriate ordinances, to fix the dates and times of primary elections for the nomination of members of said commission; providing that the laws and regulations relating to qualification and registration of voters and the closing of registration books and other laws and regulations now existing relating to primaries and general elections for members of said commission, which are now applicable annually, shall be applicable only to the years in which may be held primary or general elections for the nomination or election of members of said commission; providing that this Act shall be applicable only in case of passage by the General Assembly of Georgia of an Act increasing the terms of members of said commission from two years to four years; repealing parts of laws in conflict herewith; and for other purposes. /s/ Wm. DeL. Worsley, City Attorney, Columbus, Georgia. January 2, 1953 January 9, 1953, January 16, 1953.

Page 2308

Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, M. R. Ashworth, who, on oath deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county are published; and that the foregoing and attached notice was duly published in said newspaper once a week for three weeks, to wit: On January 2, 1953, January 9, 1953, and January 16, 1953. /s/ M. R. Ashworth. Sworn to and subscribed before me, this the 24th day of January, 1953. /s/ Eugenia B. Watson, (Seal). Notary Public, Muscogee County, Georgia. (Notarial Seal). Approved February 16, 1953. COLUMBUSLAND CONVEYANCES AUTHORIZED No. 132 (House Bill No. 274). An Act vesting in the City of Columbus power and authority to sell and convey at any time or times, the fee-simple title to any part, parts or all of the following described tracts of land in said City of Columbus, to wit: Tract 1. The east forty-nine (49) feet of that certain tract of land in said City of Columbus which is designated on the maps of said city as Ninth Avenue and is shown on said maps as running from the southerly side of Linwood Boulevard to the north side of Fifteenth Street, with a uniform width of ninetynine (99) feet, but never actually opened as a street; and Tract 2. The south forty-nine (49) feet of that certain tract of land in said City of Columbus which

Page 2309

is designated on the maps of said city as Sixteenth Street and is shown on said maps as running from the west side of Tenth Avenue to the east side of Ninth Avenue, with a uniform width of ninety-nine (99) feet, but never actually opened as a street; 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 power and authority is hereby vested in the City of Columbus to sell and convey at any time or times, the fee-simple title to any part, parts or all of the following described tracts of land in said City of Columbus, to wit: Tract 1. The east forty-nine (49) feet of that certain tract of land in said City of Columbus which is designated on the maps of said city as Ninth Avenue and is shown on said maps as running from the southerly side of Linwood Boulevard to the north side of Fifteenth Street, with a uniform width of a ninetynine (99) feet, but never actually opened as a street; said east forty-nine (49) of what is designated as Ninth Avenue as aforesaid being a strip of land bounded as follows: On the north by the southerly side of Linwood Boulevard; on the west by a line parallel with and uniformly fifty (50) feet east of the original west line of said Ninth Avenue (said original west line of said Ninth Avenue being a line, the northern extremity of which is a point marked by an iron monument on the southerly side of Linwood Boulevard at the northeast corner of lands of Dudley Sash, Door and Lumber Company, and which extends south in a straight line, along the east line of said lands of Dudley Sash, Door and Lumber Company and a prolongation thereof south, to the north side of Fifteenth Street); on the south by the north side of Fifteenth Street; and on the east by a line parallel with and uniformly ninety-nine (99) feet east of said original west line of said Ninth Avenue; and Tract 2. The south forty-nine (49) feet of that certain tract of land in said City of Columbus which is designated on the maps of said city as Sixteenth Street, and is shown on said maps

Page 2310

as running from the west side of Tenth Avenue to the east side of Ninth Avenue, with a uniform width of ninety-nine (99) feet, but never actually opened as a street; said south forty-nine (49) feet of what is designated as Sixteenth Street as aforesaid being a strip of land bounded as follows: On the east by the west side of Tenth Avenue; on the north by a line parallel with and uniformly fifty (50) feet south of the original north line of said Sixteenth Street (said original north line of said Sixteenth Street being a line, the eastern extremity of which is a point marked by an iron monument on the west side of Tenth Avenue 359 feet, measured along the west side of Tenth Avenue, south of the southwest corner of the intersection of Tenth Avenue and Linwood Boulevard, and which extends west in a straight line, along the south line of Block No. 8 of the commons of said city, to the east line of the strip of land described in Tract 1 above); on the west side by the east line of the strip of land described in Tract 1 above; and on the south by a line parallel with and uniformly ninety-nine (99) feet south of said original north line of said Sixteenth Street. Ninth Avenue. Sixteenth Street. Section 2. That any such sale and conveyance may be made pursuant to a resolution adopted by the Commission of the City of Columbus at any regular meeting, which resolution shall be effective immediately upon passage, for such consideration as said commission in its discretion shall deem proper and the mayor and the city clerk of said city are hereby authorized and empowered to execute and deliver for and on behalf and in the name of said city deeds of conveyance to any part, parts or all of the above-described tracts of land. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Section 4. 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

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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. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1953, for the passage of a bill entitled as follows: An Act vesting in the City of Columbus power and authority to sell and convey at any time or times, the fee-simple title to any part, parts or all of the following described tracts of land in said City of Columbus, to wit: Tract 1. The east forty-nine (49) feet of that certain tract of land in said City of Columbus which is designated on the maps of said city as Ninth Avenue and is shown on said maps as running from the southerly side of Linwood Boulevard to the north side of Fifteenth Street, with a uniform width of ninety-nine (99) feet, but never actually opened as a street; and Tract 2. The south forty-nine (49) feet of that certain tract of land in said City of Columbus which is designated on the maps of said city as Sixteenth Street and is shown on said maps as running from the west side of Tenth Avenue to the east side of Ninth Avenue, with a uniform width of ninety-nine (99) feet, but never actually opened as a street; and for other purposes. This the 8th day of January, 1953. Wm. de L. Worsley, City Attorney, City of Columbus, Georgia. 1-9, 16, 23.

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Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, M. R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit, on January 9, 1953, January 16, 1953, and January 23, 1953. /s/ M. R. Ashworth, M. R. Ashworth. Sworn to and subscribed before me, this the 24 day of January, 1953. /s/ Joseph P. Meyer, Notary Public, Muscogee County, Georgia. (Notarial Seal Affixed). Approved February 16, 1953. COLUMBUS COMMISSION. No. 133 (House Bill No. 273). An Act amending the charter of the City of Columbus; providing for the terms of office of the members of the Commission of the City of Columbus and the times and manner of their election; providing for four year terms of office for the members of the Commission of the City of Columbus; providing for the board of registrars of the City of Columbus; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:

Page 2313

Section 1. That the Act of the General Assembly approved on the 5th day of August, 1921, amending the charter of the City of Columbus, and appearing on pages 800 to 850, both inclusive, of the published Georgia Laws, 1921, as amended by Georgia Laws 1935, pages 995 to 997, approved March 14, 1935, be, and it is hereby, amended by striking all of Section 7 of said Act, as amended, and enacting in lieu thereof a section to read as follows: Section 7. The commission shall consist of five members who shall be elected on a general ticket at large. Two commissioners shall be elected in 1953 for terms of three years each. Three commissioners shall be elected in 1954 and every four years thereafter. Two commissioners shall be elected in 1956 and every four years thereafter. Except for the two commissioners elected in 1953, whose terms shall be three years each, the terms of office of said commissioners shall be four years from the first Monday in January next following the dates of election, and until their successors shall have been duly elected and qualified; provided, however, that they shall be subject to recall in accordance with the provisions of the charter. Terms. Section 2. That said Act of August 5, 1921, amending the charter of the City of Columbus, as amended by Georgia Laws 1935, pages 995-997, approved March 14, 1935, and as amended by Georgia Laws 1949, pages 2079-2085, approved February 25, 1949, be, and it is hereby, amended by striking all of Section 45 of said Act, as amended, and enacting in lieu thereof a section to read as follows: Section 45. A general or regular city election hereunder shall be held on the third Wednesday in November, 1953, to elect two city commissioners for full terms of three years each to succeed the commissioners now in office whose terms would, under present provisions of the charter, expire in January, 1954. On the third Wednesday in November, 1954, a general or regular city election shall be held to elect three city commissioners for

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full terms of four years each to succeed the commissioners now in office whose terms would, under present provisions of the charter, expire in January, 1955. Thereafter, beginning on the third Wednesday in November, 1956, a general or regular city election shall be held on the third Wednesday in November in every even numbered year to elect that number of commissioners whose terms would, under the provisions hereof, expire on the first Monday in January next following the date of said election, thus electing in 1953 two commissioners for three years, in 1954 three commissioners for four years, and continuing such plan as herein set forth. The elections herein provided for shall be held under the laws and ordinances governing regular city elections held in the City of Columbus; provided, however, the commissioners may, at their option, designate and appoint any three persons they see fit to serve as registrars of the City of Columbus, in lieu of the city clerk, the city treasurer, and the city marshal, and said commissioners shall continue to have their present power to provide by resolution the hours during which the polling places in said regular elections shall remain open. Election. Section 3. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Section 4. 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. Notice of Intention to Apply for Local Legislation, City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening

Page 2315

in January, 1953, for the passage of a bill entitled as follows: An Act amending the charter of the City of Columbus; providing for the terms of office of the members of the Commission of the City of Columbus and the times and manner of their election; providing for four year terms of office for the members of the Commission of the City of Columbus; providing for the Board of Registrars of the City of Columbus; and for other purposes. This, the 26th day of December, 1952. Wm. DeL. Worsley, City Attorney, City of Columbus, Georgia 12-27-52. 1-3-53 1-10-53. Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for said State and county, M. R. Ashworth, who, on oath deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county are published; and that the foregoing and attached notice was duly published in said newspaper once a week for three weeks, to wit: On December 27, 1952, January 3, 1953, and January 10, 1953. /s/ M. R. Ashworth. Sworn to and subscribed before me, this the 23 day of January, 1953. /s/ Eugenia B. Watson, Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved February 16, 1953.

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BUILDING INSPECTOR IN CERTAIN COUNTIES. No. 134 (House Bill No. 290). An Act to authorize the board of county commissioners of roads and revenues, or other fiscal agent, in all counties having population under the 1950 United States census of not less than 9,500 and not more than 9,550, and in any county under any future United States census having a population within said limits; to name and designate a building inspector for such parts of any such county that may lie without the limits of any incorporated village, town, or city; to empower said county commissioners to make all necessary rules and regulations in reference to the construction of any buildings, additions and repairs to old buildings, and in reference to chimneys, flues or heating apparatus, and to provide a distance that any new building or addition to an old building shall be from any public highway within said limits outside any municipality; to provide that such commissioners, or other fiscal agent of such counties, shall have the power to zone any territory within said limits outside of any municipality; to provide by ordinance or ordinances for the condemnation and destruction of any unsafe building outside a municipality; to require the making safe of any defective building within said limits outside of the municipality; to provide a penalty for failure to comply with such ordinance or ordinances after such condemnation and for an execution therefor, and the disposition of the proceeds thereof and a penalty for violation of any ordinance hereunder; to regulate the placing of signs and billboards upon all such highways and on public or private property adjacent to such highways within any such county outside of a municipality; to provide by ordinance the violation of any ordinance or ordinances promulgated hereunder shall be punished as for a misdemeanor; to repeal certain 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:

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That the board of county commissioners of roads and revenues, or other fiscal agent of such counties in all counties having a population under the 1950 United States census of not less than 9,500 and not more than 9,550, and in any county under any future United States census having a population within said limits, are hereby clothed with the following powers: Section 1. To name and designate a building inspector in any such county coming within said population limits under any present or future United States census; to provide that any official or employee of said county under the jurisdiction of said commission shall be ex-officio building inspector for such parts of any county coming within said population limits under any present or future United States census as may lie without the limits of any incorporated village, town, or city. Building inspector. Section 2. That said county commissioners shall be, and are, hereby authorized to make all necessary rules and regulations in reference to the construction of any buildings, additions and repairs to old buildings, and in reference to chimneys, flues or heating apparatus, and provide a distance that any new building or addition to an old building shall be from any public highway within said limits. Building regulations. Section 3. That no building now or hereafter built shall be altered until it has been examined and the plans therefor have been approved by the inspector of buildings as being in a good and safe condition to be altered as proposed. Plans. Section 4. The said commissioners shall have the power to zone any territory within said limits outside of such incorporated village, or city as to the territory in which any particular class of building or buildings shall be built, that is, as to residences, stores, filling stations, tourist cabins, manufacturing plants, places of business for the sale of beer or intoxicating liquors, and each and every other sort of building. Zoning.

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Section 5. That a building within the meaning of this Act shall be a structure of connected series of structures for the support, shelter or enclosure of persons, animals or chattels. Building. Section 6. To provide by ordinance for the condemnation and destruction of any unsafe building within said limits, and to require the making safe of any defective building within a reasonable time, or the destruction of the same. Upon failure to comply with which by the owner, same to be condemned and destroyed by the said county commissioners, or by their agent or agents at the expense of such owner of such building upon ten days notice that such action is contemplated by said county commissioners, so as to enable such owner to appear before said commissioners and contest the same. The owner or party having an interest in such unsafe building or structure shall, forfeit and pay as a fine for every day's continuance of, after such condemnation, a sum of not less than one ($1.00) dollar, nor more than five ($5.00) dollars, for each day thereafter until said condition is remedied. An execution therefore shall issue by said commissioners and be levied as other executions, and the proceeds thereof to be paid into the county treasury in addition to any fine that may be imposed for violating the terms of any ordinance passed by virtue of the authority herein conferred. Violations. Section 7. To regulate the placing of signs and billboards upon all public highways, and on public or private property adjacent to such highway within any such county coming within said population limits under any present or future United States census, outside the limits of any incorporated village, town, or city. Signs and billboards. Section 8. To provide by ordinance or ordinances that the violation of any of the provisions of any ordinances that may be enacted by said commissioners by virtue of the authority conferred by this Act shall be a misdemeanor and be punished as provided by Section 27-2506 of the Code of Georgia Annotated. Violations.

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Section 9. That all laws, or parts of laws, in conflict herewith are hereby repealed. Approved February 16, 1953. COLUMBIA COMMISSIONERS' COMPENSATION. No. 135 (House Bill No. 291). An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Columbia; to define their powers and duties, and prescribe their qualifications; to provide for their selections, terms for which they shall be selected, their compensation, and for other purposes pertaining to county matters, as amended by Act approved August 18, 1927, so as to fix the salary of the chairman and other members of the board of commissioners of roads and revenues and provide for the payment of the expense attendant to the office of the chairman of said board and for further purposes and as also amended by an Act approved March 24, 1941 (Ga. Laws 1941, pp. 827-828, inclusive), and also amended by Act approved February 25, 1949 (Ga. Laws 1949, pp. 1652-1654, inclusive), so as to increase the salaries of the chairman and other members of the board of commissioners of roads and revenue and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act approved August 14, 1919 entitled An Act to create a board of commissioners of roads and revenue for the County of Columbia to define their powers and duties and prescribe their qualifications; to provide for their selections, terms for which they shall be selected, their compensation and for other purposes pertaining to county matters as amended by Act approved August 18, 1927, and further amended by Act approved March 24, 1941, and further amended by Act approved February 25, 1949 (Ga. Laws 1949, pp.

Page 2320

1652-1654, inclusive), be and the same is hereby amended by striking from said Act of 1949, Section 1, the figures $2400.00 per annum and $25.00 per diem and substituting therefor the figures $3000.00 per annum and $600.00 per annum, payable in monthly installments, so that said Act when amended shall read as follows: Be it further enacted by the authority aforesaid that the compensation of said commissioners shall be as follows: For chairman and executive officer of said board the sum of $3000.00 per annum, and for each of the other two members of said board the sum of $600.00 per annum for every regular or call meeting of said board of commissioners, the same to be paid monthly out of the county treasury upon the warrants of said board. The chairman shall also receive all expenses incurred by him in conducting affairs of said board of commissioners upon the approval of a majority of said board. Compensation. Section 2. The salaries provided for in this Act shall be retroactive to January 1, 1953, and any sums paid to the officers and employees enumerated therein, prior to the approval of this Act, shall be credited on the sum provided to be paid to each of them as of January 1, 1953. Retroactive. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Notice is hereby given that the following bill will be introduced at the 1953 session of the legislature of Georgia by Honorable Glenn S. Phillips, Representative from Columbia County, Georgia. Columbia County Commissioners Compensation. An Act to amend an Act to create a board of commissioners of roads and revenues for the County of Columbia; to define their powers and duties, and prescribe their qualifications; to provide for their selections, terms for which they shall be selected, their compensation, and

Page 2321

for other purposes pertaining to county matters, as amended by Act approved August 18, 1927, as to fix the salary of the chairman and other members of the board of commissioners of roads and revenues and provide for the payment of the expense attendant to the office of the chairman of said board and for further purposes and also amended by an Act approved March 24, 1941 (Ga. Laws 1941, pp. 827-828, inclusive), and as also amended by Act approved February 25, 1949. (Ga. Laws 1949, pp. 1652-1654, inclusive), so as to increase the salaries of the chairman and other members of the board of commissioners of roads and revenues and for other purposes. This 3rd day of January, 1953. Glenn S. Phillips, Representative of Columbia County, Georgia. Georgia, Columbia County. Before me a notary public for said county and state appears Carey Williams, who on oath says that he is publisher of The Columbia News, of Harlem, Ga., a newspaper in which the legal advertisements appear, and that the attached notice appeared in the issues of January 8, 1953, January 15, 1953, January 22, 1953. /s/ Carey Williams. Sworn to and subscribed before me, this 23 day of January, 1953. /s/ R. M. McCommons. Notary Public. 6. (Notarial Seal Affixed). Approved February 16, 1953.

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COFFEE TAX COMMISSIONERS' SALARY. No. 136 (House Bill No. 301). An Act to amend an Act entitled An Act to repeal an Act of the General Assembly approved March 8, 1937, appearing on pages 1303-04 of the 1937 Acts of the General Assembly providing for a repeal of the Act of 1931 of the General Assembly creating the office of Tax Commissioner of Coffee County, Georgia; and for other purposes, approved March 24, 1939 (Ga. Laws 1939, p. 548), so as to change the salary of the Tax Commissioner of Coffee County; to provide for the payment thereof; to provide for the employment of a clerk by the tax commissioner; to fix the salary of said clerk and to provide for the payment thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to repeal an Act of the General Assembly approved March 8, 1937, appearing on pages 1303-04 of the 1937 Acts of the General Assembly providing for a repeal of the Act of 1931 of the General Assembly creating the office of Tax Commissioner of Coffee County, Georgia; and for other purposes, approved March 24, 1939 (Ga. Laws 1939, p. 548), which re-created the office of Tax Commissioner of Coffee County by re-enacting the Act approved August 14, 1931 (Ga. Laws 1931, p. 443), as amended, is hereby amended by striking Section 2 and inserting in lieu thereof a new section, to be known as Section 2, and to read as follows: Section 2. The Act of the General Assembly of Georgia appearing in 1931 Acts, pages 443 through 446, abolishing the offices of Tax Receiver and Tax Collector of Coffee County and creating the office of Tax Commissioner of Coffee County, Georgia, and all Acts amendatory thereto are hereby retained in as full force and effect as if said Act of 1937 to repeal the same had

Page 2323

never been passed. Provided, however, that Section 10 of said Act of 1931 shall be stricken and the following section, to be numbered as `Section 10', shall be inserted in lieu thereof: Section 10. The salary of the County Tax Commissioner of and for Coffee County, Georgia, is hereby fixed at four thousand two hundred dollars ($4,200.00) per annum, payable monthly out of the general funds of said county, and all fees provided by law to be paid to the county tax commissioner shall be paid into the county treasury. The Tax Commissioner of Coffee County, Georgia, is authorized to employ a clerk to assist in the performance of the duties of his office, the salary of said clerk to be one thousand eight hundred dollars ($1,800.00) per annum, payable monthly out of the general funds of the county. Salary. Section 2. This Act shall take effect as of January 1, 1953. Section 3. If any section or provision of this Act shall be held to be invalid, this shall not affect the validity of other sections or provisions of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Advertising. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is our intention to introduce at the 1953 session of the General Assembly of Georgia, a bill to place the Tax Commissioner of Coffee County on a salary basis in lieu of a fee basis and to authorize employment of clerical help; and for other purposes. This 17th day of December, 1953.

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Dewey Hayes, Representative, Coffee County. Elie Holton, Representative, Coffee County. Charlie Sims, Senator, 46th Senatorial District. j 15, 22. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey Hayes and Elie Holton, who, on oath, depose and say that they are representatives from Coffee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise on December 18 and December 25, 1952, which was the official organ of Coffee County on those dates, and in the Coffee County Progress on January 1, 1953, which was the official organ of Coffee County on that date. /s/ Elie L. Holton, Representative, Coffee County, /s/ Dewey Hayes, Representative, Coffee County. Sworn to and subscribed before me, this 27th day of January, 1953. /s/ Wm. B. Freeman, Notary Public. Approved February 16, 1953.

Page 2325

CHATTAHOOCHEE COUNTY SUPERINTENDENT OF ROADS. No. 137 (House Bill No. 307). An Act to provide for retirement compensation for Superintendents of County Roads of Chattahoochee County; to prescribe the qualifications necessary to obtain retirement compensation; to provide limits of compensation; to provide that the funds shall be taken from Chattahoochee County funds; to provide for the termination of said retirement compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Any person who retires after serving as Superintendent of County Roads of Chattahoochee County for thirty years or more, and has reached the age of sixty-five years, shall receive retirement compensation as follows: (a) If the salary of such person upon retiring is not less than seventy-five dollars ($75.00) and not more than one hundred twenty-five dollars ($125.00) a month, such person shall receive as retirement compensation forty per cent (40%) of said salary, to be paid monthly. Retirement. (b) If the salary of such person upon retiring is greater than one hundred twenty-five dollars ($125.00) a month, such person shall receive as retirement compensation sixty per cent (60%) of said salary, to be paid monthly. Section 2. The funds necessary to carry out the provisions of this Act shall be taken from the county funds of Chattahoochee County. Section 3. The retirement compensation herein provided for shall terminate upon the death of the recipient.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Muscogee County. Personally appeared before the undersigned Maynard R. Ashworth who on oath says that he is publisher of the Columbus Ledger-Enquirer, and that the attached legal advertisement was published in the Columbus Ledger on the following dates; 12-22-52; 12-29-52; 1-5-53. /s/ M. R. Ashworth Sworn to and subscribed before me, this 2nd day of February 1953. /s/ Nellie S. Parker Notary Public, Muscogee County, Georgia. (Seal) Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that a bill will be introduced into the January, 1953 session of the Georgia legislature to provide by a system of pensions and retirement benefits for county employes of Chattahoochee County, Georgia. Pub: 12-22, 29 1-5 Approved February 16, 1953. CLAY COUNTY COMMISSIONERS. No. 138 (House Bill No. 211). An Act to repeal an Act entitled An Act to create Board of Commissioners for the County of Clay and to describe and define the powers and duties thereof, approved February 20, 1873 (Ga. Laws 1873, p. 233), and to repeal all Acts amendatory thereto; to create the office of Commissioners of Roads and Revenues of the County

Page 2327

of Clay; to provide for the election of a board of commissioners, affix the districts from which they shall be elected and to provide the qualifications of such commissioners and the manner of their election; to define the powers and duties of said board of commissioners of roads and revenues, and their method of qualifying after election; to provide how their compensation shall be fixed, their terms of office, the manner of filling vacancies; to provide for the election of a clerk of said board, and to fix the duties of such clerk; to provide for the appointment of a road and bridge superintendent, and to fix his duties and compensation, and manner of discharge; to provide for proper supervision of the acts of the clerk and the auditing of all officials handling county funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create a Board of Commissioners for the County of Clay and to describe and define the duties thereof, approved February 20, 1873 (Ga. Laws 1873, p. 233), and all Acts amendatory thereto, is hereby repealed. Act of 1873 repealed. Section 2. There is hereby created a Board of Commissioners of Roads and Revenues in and for the County of Clay. Said board shall consist of five members, who shall be freeholders and residents of the district from which they seek election for a period of five years prior to their qualifications and election as a candidate as such commissioner, and who shall also possess the qualifications of persons eligible to become members of the General Assembly of Georgia. Should said commissioner from any district move out of his district, his office shall thereby become vacant and shall be filled as provided by this Act for filling vacancies on said board. Board. Section 3. The commissioners provided for by this Act shall be elected by the qualified voters in their respective districts as herein provided. The members so elected,

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and their successors in office, shall be elected in, and shall represent the following districts or sections of said county: There shall be one member elected from the Bluffton District, or Militia District No. 969; one member elected from the Zetto District, or Militia District No. 1579; one member from the Seventh District, or Militia District No. 749; and two members elected from the Fort Gaines District, or Militia District No. 431. All elections under this Act shall be held at the same time and place, and by the same persons, and under the same rules and regulations and in the same manner and for the same period of time that ordinaries are now elected, at which elections all persons who are residents of the district from which the candidate runs and from which he is to be elected, and who shall possess the qualifications necessary to vote for members of the General Assembly shall be qualified to vote in said election for members of said board, the returns from such elections and the result declared to be had in the same manner, and under the same rules and regulations, and by the same persons, as in primary and general elections. Election. Section 4. The board of commissioners elected under the terms and provisions of this Act shall hold office for a term of four years, and until their successors are elected and qualified. Until January 1, 1957, and until their successors are elected and qualified, the following named persons shall constitute said board, to wit: R. H. Morris, chairman, member from the Fort Gaines District; L. A. Foster, vice-chairman, member from the Fort Gaines District; B. F. Cooper, member from the Bluffton District; R. A. Watson, member from the Seventh District; and H. G. McKemie, member from the Zetto District; and their successors shall be elected in the general election held for the election of an ordinary for Clay County in the year 1956, and every four years thereafter. Present members. Section 5. The commissioners herein named, and all subsequent commissioners, must qualify at the beginning of their term and before entering upon their duties, by taking an oath before some officer authorized to administer an oath, to discharge honestly and faithfully all the

Page 2329

duties of said office, according to the laws and Constitution of the State of Georgia, which oath shall be subscribed upon the minutes of said board. Oath. Section 6. Any vacancy occurring in said board of commissioners, from any cause whatsoever, shall be filled by the remaining members of said board by their electing some suitable person to fill such vacancy. The person so elected shall be from the district in which said vacancy occurred, shall possess all of the qualifications laid down in Section 1 of this Act, shall take the oath prescribed in this Act, and the person so elected, after taking the oath, shall enter upon the duties of said office and hold the same for the unexpired term for which he is elected. Vacancies. Section 7. Said board of county commissioners shall hold their regular monthly meeting on the first Tuesday in each month, or at such other times or date as may be fixed by said board of commissioners for their regular monthly meeting. Said commissioners may hold special meetings, in addition to their regular monthly meetings, whenever called by the chairman or vice-chairman. They shall keep correct minutes in a well bound book of all their official acts. Meetings. Section 8. Said board, immediately after taking oath as hereinbefore prescribed, beginning January 1, 1957, shall select one of their members as chairman, who shall hold office for the time for which he is elected, and shall be empowered with all the duties hereinafter enumerated. Said board shall also select one of their members as vice-chairman, who shall serve as chairman when said chairman is absent. Chairman and vice-chairman. Section 9. At the last regular meeting of the terms to which each board is elected, they shall fix salaries of the incoming board of commissioners of roads and revenues. This shall be done by resolution, spread upon the minutes of said board. The salaries so fixed shall not be increased or diminished during the term for which said members of the Board of Commissioners of Roads and Revenues of Clay County were elected. At said meeting the board

Page 2330

shall fix the pay of the incoming chairman as well as the members of said board. Salaries. Section 10. The said commissioners of roads and revenues may employ some competent person to act as clerk of said board, and pay him such compensation as they may deem reasonable and just. It shall be the duty of such clerk to attend each session of said board, to keep a fair and accurate book of minutes of all the transactions of said board; to keep such other books and perform such other duties, not inconsistent with the law, as may be required of him by said board; and before entering upon the duties of his office, he shall take and subscribe an oath before some officer authorized to administer oaths, to faithfully discharge the duties required of him as clerk of said board, and also shall enter into bond, with good security, to be approved by said board, in the amount required by said board by resolution, payable to said board of county commissioners and their successors in office, conditioned for the faithful discharge of his duties as such clerk; and said clerk shall hold his office at the discretion of said board, subject to be removed by said board at any time they see fit or so desire. He shall also countersign all checks on county funds signed by the chairman of the board, except jury script, which he alone shall sign. He shall also receive and disburse all the public funds of the County of Clay, as herein provided and as now provided by law, and he shall also discharge all other duties imposed by law upon county treasurers. Clerk. Section 11. Three members of said board of commissioners of roads and revenues shall constitute a quorum, and three members must concur to pass any order, resolution or decree. Quorum. Section 12. As hereinbefore prescribed, said board of commissioners of roads and revenues shall select one of their members as chairman and one as vice-chairman, who shall be empowered with all of the duties hereinafter enumerated: Chairman's duties. (1) To preside at all of the meetings of said board;

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(2) To sign all checks directed by said board, together with the clerk; this shall not apply to jury script; (3) To execute all deeds, contracts, releases from taxes, and do all other acts directed by said board, in conformity with law. Section 13. Said board of commissioners of roads and revenues shall have exclusive jurisdiction over the following matters: (1) In directing, controlling, leasing or selling all of the property of the county that they may deem expedient, according to law; (2) In levying all taxes which they are authorized to do so according to law; (3) They are hereby authorized and empowered to levy such specific licenses and specific or occupational taxes on all those who transact or offer to transact business within said county, other than within the incorporated limits of an incorporated town or city, as said board of commissioners of roads and revenues may deem expedient or necessary for the safety, benefit, convenience, or advantage of said County of Clay, and the citizens thereof; Powers and duties. (4) In establishing, altering or abolishing public roads and bridges, in conformity with law; (5) In establishing, abolishing and changing election and militia districts, in conformity with law; (6) In examining, settling, allowing or disallowing all claims against the County of Clay; (7) In examining and auditing the accounts of all officers having the care, management, keeping, collection or disbursement of money belonging to the county, or appropriated for its use and benefit, and bringing them to a settlement;

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(8) In making such rules and regulations for the support of the poor of the county as authorized by law, and not inconsistent therewith; (9) In regulating peddling, and fixing costs of license thereof; (10) to do all acts and things necessary and to employ all persons needful, in the building, repairing and maintenance of the public roads, bridges, and public works of said county, and if in their opinion it becomes necessary to establish and operate a public works camp in and for said county for the purpose of building and maintaining public roads and bridges in lieu of with free labor, they shall be authorized to do so. To hire such personnel as is in their opinion needed in connection therewith, to discharge said personnel at any time they see fit, with or without notice, and to prescribe his duties. (11) To have exclusive jurisdiction in the granting of tax releases to the tax collector or tax commissioner, as the case may be, and in approving nulla bonas thereon; (12) To have exclusive jurisdiction in selecting or appointing all minor officials of the county whose selection or appointment is not otherwise provided for by law, upon such terms and conditions as they may provide; (13) To have authority to employ such personnel as is in their opinion necessary for the efficient operation of said county; (14) To have exclusive jurisdiction over the finances of said county; (15) They shall regularly examine the books of the tax collector or tax commissioner of the County of Clay, and shall keep themselves fully informed at all times of the financial condition of said county; (16) To receive contributions for the improvement of public roads and bridges of the county from any person,

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or from the State government, or from the United States government, and such contributions when received shall be used for the improvement of the roads designated, in the event a designation is made; (17) To do all other acts and things and to exercise all powers as are granted by law, or as may be indispensable to their jurisdiction over county matters, or county finances, as well as selecting a depository for said county and prescribing the term and condition under which said bank shall be county depository. Section 14. Said board shall be the custodian of all deeds made to said County of Clay by reason of purchase by said county at tax sales and of all deeds of conveyance made to said county for any purpose. The said board shall have authority to make and execute deeds of conveyance to any property, real or personal, which may be sold and conveyed by said county, according to law, such sale to be authorized by a resolution of said board entered upon the minutes thereof, and the deed or conveyance so authorized executed by the chairman of said board on behalf of the County of Clay, and his signature attested by the clerk of said board. Section 15. The board of commissioners of roads and revenues herein created shall require the tax collector, or the tax commissioner, as the case may be, to file regular statements with said board, showing the true financial condition of the tax office. This statement shall show the amount of taxes due, upon what due, and the amount paid for the entire County of Clay, by districts. Financial statements. Section 16. Be it further enacted by the authority aforesaid, that if any section, or part of section, of this Act shall be held to be unconstitutional the remaining sections, or parts of sections, shall not be affected, nor be held unconstitutional on account of said holding. Section 17. This Act shall become effective on the first day of the month immediately following its passage and approval.

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Section 18. All conflicting laws, including all Acts heretofore passed, providing for County Commissioners of Clay County, or for Commissioners of Roads and Revenues of Clay County, be and the same are hereby repealed. Georgia, Clay County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ivey E. Peebles, who, on oath, deposes and says that he is publisher of The News Record, which is the official organ of Clay County, and that the attached Notice of Intention to Introduce Local Legislation was published in said paper as provided by the Constitution and laws of this State. /s/ Ivey E. Peebles Publisher. Sworn to and subscribed before me, this 16th day of January, 1953. /s/ H. G. Dunahoo Jr. Notary Public Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly of Georgia a bill repealing prior Acts relating to the Board of Commissioners of Clay County; to create a Board of Commissioners of Roads and Revenues for the County of Clay; and for other purposes. This the 17 day of January, 1953. Richard W. Best Representing, Clay County Jan. 22-29-Feb. 5-12 Approved February 16, 1953.

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ATLANTA CHARTER AMENDMENTS. No. 140 (Senate Bill No. 69). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended, as follows: Section 1. That Section 6-217 of the Code of the City of Atlanta of 1942 be and the same is hereby amended by striking from the first sentence of said section the following words: in five chartered banks of deposit and discount of said city in as nearly equal proportions as may be practicable. and enacting in lieu thereof the following: in any chartered bank or banks of deposit and discount of said city., so that, as amended, said section shall read as follows: City Code Sec. 6-217 amended. 6-217. Regulation of deposit and withdrawal of city's moneys. The deposits of moneys in the hands of the Treasurer of the City of Atlanta, belonging to the city, shall be regulated as follows: Whenever the money of the city in the hands of the treasurer shall exceed the sum of $5,000, such money shall be deposited in any chartered bank or banks of deposit and discount of said city. The depositories shall be designated by the mayor and general council, and in making the designation regard shall be had to the rate of interest on balances of deposits offered by the various banks, and to the amount and kind of security tendered by said banks, with the purpose on the part of the mayor and general council to get the best rate of interest and the best security for the money deposited. The treasurer and his sureties shall not be liable on his bond for any of such moneys while on deposit

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as aforesaid, but he and his sureties shall be liable on his bond for any moneys belonging to the City of Atlanta not so deposited under direction of the mayor and general council. Moneys on deposit as aforesaid shall be at all times subject to be drawn out on warrants regularly issued by the mayor and general council, signed by the comptroller, to pay the debts or current expenses of the city, and shall likewise be subject to be withdrawn from the bank where deposited in the discretion of the mayor and general council at a regular or special meeting. The treasurer shall have no power on his own motion to withdraw any of the funds so deposited, but can only do so upon warrants regularly issued and countersigned as aforesaid. In case none of the banks of the city make reasonable offers of interest and security, as aforesaid, or a smaller number of the banks than five make such offers, then the whole subject of the regulation of the deposits of the moneys belonging to the city shall be left to the sound discretion of the mayor and general council in office for the time being. The mayor and general council shall have full power to provide by necessary ordinances for the regulation and control of the deposits of funds belonging to said city in accordance with the spirit and intent of this section. Regulation of deposit and withdrawal of city's money. Section 2. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are hereto attached and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 3. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all the following described property: Beginning at a point at the northeast corner of Land Lot 219 of the 14th District of Fulton County, said point

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being where the east line of Land Lot 219 intersects the southerly corporate limits of the City of Atlanta; running thence south along the east line of Land Lot 219 to the southeast corner of said Land Lot 219; thence west along the south line of Land Lot 219 to the southwest corner of said land lot; thence south along the east line of Land Lots 229, 228 and 227 of the 14th District of Fulton County to the southeast corner of said Land Lot 227; thence west along the south line of Land Lots 227 and 254 of the 14th District of Fulton County to the east line of Land Lot 3 of the 14th District of Fulton (formerly Fayette) County; thence south along the east line of said land lot to the southeast corner of said land lot; thence west along the south line of Land Lots 3 and 35 of the 14th District of Fulton (formerly Fayette) County to the southwest corner of said Land Lot 35; thence north along the west line of Land Lots 35, 34, 33, 32, and 31 of the 14th District of Fulton (formerly Fayette) County to the northwest corner of Land Lot 31 of said district; thence east along the north line of said Land Lot 31 to the northeast corner of said Land Lot 31; thence north along the west line of Land Lot 8 of the 14th District of Fulton (formerly Fayette) County to the northwest corner of said Land Lot 8; thence east along the north line of said Land Lot 8 to the northeast corner thereof; thence north along the west line of Land Lot 249 of the 14th District of Fulton County to the northwest corner of said land lot; thence east along the north line of Land Lot 249 of the 14th District of Fulton County to the existing corporate limits of the City of Atlanta; thence south and east along the existing corporate limits of the City of Atlanta to the point of beginning. Corporate limits extended. Section 4. All the above described property shall be and become a part of Ward 9 of the City of Atlanta until January 1, 1954, when it shall become a part of Ward 7 subject to the power of the mayor and general council to vary the wards as otherwise provided in this charter, as amended. Wards. Section 5. The raw water main and electric power lines traversing said described property belonging to the

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City of East Point shall remain the property of said city. The governing authorities of said city shall have the right to open any street or road along which said main traverses in order to make necessary repairs and shall be primarily responsible for any damages resulting therefrom and shall protect and save harmless the City of Atlanta against any and all claims for damages on account of such opening or any work connected therewith. It shall be the duty of the City of East Point to restore any street opened for the purposes of repairing the main so that it will be in as good condition as it was before the opening. East Point water mains and power lines. Section 6. The purified water mains traversing said area may be sold to the City of Atlanta and the City of Atlanta may purchase said mains at cost to the City of East Point, whereupon the title to such mains shall vest in the City of Atlanta. Section 7. All powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and 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 police department, city tax assessors and receivers, building inspector, treasurer, clerk of council, 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

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for the payment of such bonds equally with the other territory comprising the City of Atlanta. Powers of city in new territory. Section 8. When the territory described in Section 3 above, becomes a part of the City of Atlanta, it shall likewise become a part of the independent school system in Atlanta, and the school property located within said territory shall become the property of said city. Schools. Section 9. If any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act. Section 10. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 16, 1953. VIDALIA SCHOOL SYSTEM. No. 147 (Senate Bill No. 73). An Act to amend an Act entitled An Act to provide for a system of public schools for the City of Vidalia, in Toombs County; to provide by a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a board of education, to conduct the same, and for other purposes, approved August 20, 1906 (Ga. Laws 1906, p. 1104), as amended, so as to strike Section 16; to provide for a Section 19A; to provide that State school funds and local city funds for school purposes shall go directly to the treasurer of the Board of Education of Vidalia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. An Act entitled An Act to provide for a system of public schools for the City of Vidalia, in Toombs County; to provide by a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a board of education, to conduct the same, and for other purposes, approved August 20, 1906 (Ga. Laws 1906, p. 1104), as amended, is hereby amended by striking Section 16 in its entirety. Sec. 16, Act of 1906 repealed. Section 2. Said Act is further amended by inserting after Section 19 a new section, which shall be known as Section 19A, which shall read as follows: Sec. 19 amended. Section 19A. All State school funds to which the public school system of the City of Vidalia is entitled shall be paid by the State Department of Education and State Board of Education directly to the treasurer of the board of education of said city. All local city funds for school purposes shall be paid directly to the treasurer of the board of education of said city. School funds. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 17, 1953. CHATSWORTH CHARTER. No. 152 (House Bill No. 141). An Act to create an amended charter for the City of Chatsworth in the County of Murray, and to reincorporate said city, and define its territorial limits; to continue in operation, confirm, and consolidate all Acts heretofore passed incorporating said city and amending charter thereof; to provide for all ordinances, rules, regulations, and resolutions of said city, now in force and not in conflict with this Act, to be preserved, continue

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of force, and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for notice by candidates for office, the manner of their election and removal from office; to provide for the retention of office of the present officers of said city until the election provided for in this charter is held; to provide for the qualifications of all electors and voters therein; to provide for the permanent registration of the qualified voters thereof, and for the registration books of said city and when same shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the laws of said city, and manner of appeal therefrom; to provide for the enacting of all necessary ordinances, rules and regulations to provide penalties for the violation of same; and for other purposes; to provide for a mayor and aldermen and to define their powers and duties; to provide 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 aldermen, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all town elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for the qualifications of the voters and electors in said town, and for the qualifications of the mayor and aldermen; 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, bonds, and for their compensation and their removal from office; to provide

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for a police court and its powers and for the trial and punishment of violators of town ordinances therein; to provide for the arrest of violators of town ordinances, with or without warrant; to provide for the taking of appearance bonds, and for the forfeiture of the same; to provide for appeals and certiorari; from the police court and from the decision of the mayor and aldermen in criminal cases; to require tax returns to be made by the citizens of said town; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on 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 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 improvements of streets in said town; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water and gas lines with town lines; to provide for the prorating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the procedure of improvement of streets and

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sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal of cost of street improvements and provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions 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 to 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 the extension of such system, and for the assessments, for the taking of property for sewerage system, for the extension of such system, and for the making of such sanitary lots; to authorize the town to maintain and operate a system of waterworks; and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and things necessary or proper or incident to all 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 collections of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the regulation and prevention of sale of intoxicating liquors, except malt beverages; to provide for fire districts in said town and for fire regulations therein; to provide for vaccination, for a pest

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house and for the prevention of diseases; to provide for a town cemetery and its regulations; to provide for the power of the town to grant encroachments on public streets; to provide for a town prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said town, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations 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 exemption therefrom and for punishment for those failing to work streets or pay commutation tax; to provide for the regulation of vehicles and their speed in said town; to provide for prevention of idleness and loitering; to provide for a town fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said town; to require building permits before any building or structure can be erected in said town; to provide for the condemnation of private property, within and without the town, for public purposes; to provide for the issuance of bonds, for bonds election and for the levy and collection of a tax to pay said bonds; to provide for the sales of town property by the mayor and aldermen; to provide for recall of elected officers; to provide that receipts and disbursements be published in the official gazette of the City of Chatsworth; to provide for the sale, control, and regulations of malt beverages; to provide for the repeal of all Acts incorporating the City of Chatsworth, 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; to provide for a referendum election for approval or disapproval of this Act; and for other purposes. Section 1. Incorporation. 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

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of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Chatsworth located in the County of Murray, State of Georgia, be and are hereby incorporated under the name and style of City of Chatsworth. Incorporation. Section 2. Corporated Limits. Be it further enacted, that the corporate limits of the City of Chatsworth shall include all of lots now shown in the official map of the Chatsworth Land Company; also 18 acres, more or less, situated just west of the limits of said municipality under the former charter known as the property of the Chatsworth School District. That the mayor and aldermen of said city shall have the power and authority to open, lay out, widen, straighten, or otherwise change the streets, alleys, or lanes of said city, and shall have the power to grant rights of ways to any public or private parties as they may deem wise; to take over private property for such purposes under the conditions as prescribed by the laws of the State; and provided also, that said mayor and aldermen shall have the power to change the location of Fifth and Sixth Avenues of said city from Fort Street south to the corporation line, by setting the said Fifth Avenue back west, on the south side of Fort Street, a distance of 106 feet, and by setting back west, on the south side of Fort Street, 6th Avenue to the west corporation line, a distance of approximately 75 feet. Corporate limits. Section 3. Corporate Powers. 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 Murray, State of Georgia, be and are hereby incorporated under the name and style of City of Chatsworth, and said City of Chatsworth is hereby chartered and made a city under the corporate name of City of Chatsworth, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Chatsworth shall be and are hereby vested

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in said City of Chatsworth as created by this Act; and the City of Chatsworth 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 aldermen, 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 aldermen 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 Chatsworth shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity or for any term of years, any property, estate or estates, real or personal, lands and tenements hereditaments, and of whatever kinds, and within or without the limits of said city and for corporate purposes said City of Chatsworth, 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 Chatsworth and its mayor and alderman as a body corporate as heretofore incorporated. Corporate powers. Section 4. Be it further enacted, that the municipal government of the City of Chatsworth shall consist of and be vested in a mayor and four aldermen who shall be known as the council; that said mayor and aldermen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows and all kinds of shows and circuses, dancehalls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas, water, lights and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common

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carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said town, and the preservation of peace, good order and dignity of said government; and said mayor and aldermen 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 aldermen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone but shall include all and every other 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. Section 5. Mayor . 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 aldermen; 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 aldermen as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and aldermen of said city are faithfully executed and enforced; to appoint and be an exofficio 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 aldermen 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 aldermen of

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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 aldermen 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 aldermen in extra session as frequently as he may deem proper to preside in the police court of the City of Chatsworth, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with the violation of any ordinance of said city; and to impose sentences of punishment of such violations within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of the aldermen 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 ordinances or resolution of the aldermen, 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. Section 6. Mayor and Aldermen; Election, Terms, etc. Be it further enacted that on the first Saturday in January, 1953, an election shall be held for two aldermen and their successors shall be elected on the first Saturday in January, 1955, and every two years thereafter. The mayor and two aldermen shall be elected on the first Saturday in January, 1954, and every two years thereafter. The mayor and four aldermen now in office shall therein remain until their successors are elected and qualified for such offices. On the first Monday of the month after their election in January, the newly elected mayor and/or aldermen-elect shall meet in the city hall or other designated place in said city and then and there shall individually and/or 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

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(or aldermen, as the case may be) of the City of Chatsworth for the ensuing term, and 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 alderman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and aldermen shall provide, by ordinance, for regular monthly meetings, and may hold such special called meetings as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the aldermen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selected by the mayor and aldermen, in the case of vacancies in the alderman, and by the aldermen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms provided it does not exceed (12) months. Mayor and aldermen; election, terms, etc. 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 7. 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 Chatsworth 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

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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 aldermen 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 7 o'clock a.m., and close at 6:00 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 aldermen. The mayor and aldermen shall determine and provide for the payment of managers of any elections and of any clerks that may be necessary in holding any elections, but such pay or compensation shall not exceed the sum of $5.00 per day for each such manager or clerk. Elections. Section 8. 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 Murray 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 aldermen 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 aldermen, 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 aldermen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the mayor and aldermen within ten days after the result has been declared, under the same regulation list, and the person receiving the highest number

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of votes cast in said election shall be declared duly elected. Section 9. 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 Murray County within three days after said election, and upon the payment in advance by the contestants, to said ordinary of ten dollars ($10.00), the said ordinary shall within two days after he received the same cause a copy of said notice to be served by the sheriff or his deputy, on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said ordinary shall cause notice to be served on the mayor of the city, said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before hearing. The contester shall pay to the sheriff, or his deputy two dollars ($2.00) in advance for services 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 Murray 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. Contests. Section 10. Mayor Pro Tem. Be it further enacted, that the mayor and aldermen at their first regular meeting in January, 1953, and annually thereafter, shall elect one of the aldermen 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 11. Qualified Voters. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State and who shall have resided in the City of Chatsworth thirty days prior to

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the election at which they offer to vote, and who shall have registered as required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualified voters. Section 12. Qualification of Mayor and Aldermen. Be it further enacted, that no person shall be eligible for the office of mayor or alderman 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 of said city. The name of no candidate for either mayor or alderman shall be placed on the ballot in elections for mayor and aldermen, 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 alderman. Such written notice shall be in such form and contain such information as the mayor and council shall provide by ordinance. No person shall be eligible for the office of mayor or alderman of said city unless such person shall file said above notice within the time above provided. Qualifications of mayor and aldermen. Section 13. Registration. 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 5 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

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of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, is then a resident, will have resided in said town for thirty days prior thereto, to allow such person to register his name and color recording on said book besides the applicant's name, his age, occupation or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county six months, and in the City of Chatsworth thirty days next preceding his registration, or that by the date of the next city election, if you are still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the next town election; that you are 18 years old; and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto or by someone authorized to do so for him. However, no person registering in said book shall be required to again 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. Section 14. Registrars. Be it further enacted, that at the first regular meeting of the mayor and aldermen in January of each year, said mayor and aldermen 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

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the duties devolving upon them as registrars; said oath shall be in 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 five dollars ($5.00) per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Registrars. Section 15. Voters' List. Be it further enacted, that the Clerk of the City of Chatsworth shall close the registration book twenty days before any regular or special election, to be held in said city at five o'clock p.m. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters' list, not later than five days prior to such election and certify said list to be true and correct and to deliver same to the Clerk of the City of Chatsworth, 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 such 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 16. Appeals. 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

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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. Appeals. Section 17. Purging of Lists. Be it further enacted, that the board of registrars shall have full authority to purge all registration lists in said town of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matters, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice 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 lists. Section 18. Clerk, Treasurer, Marshal, etc. Be it further enacted, that at the first regular meeting of the mayor and aldermen in January, 1953, and annually thereafter, the mayor and aldermen shall elect a town clerk and treasurer; said treasurer to give bond with security in the sum of $1,000.00 for the faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as in the judgment of the

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mayor and council shall be necessary; a city attorney and such other officers as the mayor and aldermen shall deem necessary in the good government of the city. Each of said officers shall take oaths; perform such duties and give such bonds as the mayor and aldermen may by ordinances prescribe; provided, that all bonds of officers shall be made payable to the City of Chatsworth. Said mayor and aldermen 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 aldermen to fix the salaries, or compensation, of said mayor and aldermen, 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, aldermen or officers. However, the salary of the mayor of said town shall not exceed the sum of $10.00 per meeting; the salary or compensation of the aldermen of said town shall not exceed the sum of $10.00 per meeting; the salary or compensation of the clerk and treasurer of said city shall not exceed the sum of $2400.00 per year; the salary of the marshal or chief of police of said town shall not exceed the sum of $300.00 per month; the salary of all other policemen of said city shall not exceed the sum of $225.00 per month each. All expenditures of the mayor and aldermen for town purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and aldermen have allowed same. The mayor and aldermen may, at any time, employ as many policemen for said city for such length of time as said mayor and aldermen 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 aldermen, as above provided, in accordance with the limitations thereon as fixed by this charter. Officers. Section 19. Meetings of Council. Be it further enacted, that the mayor and two aldermen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine question before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said council the mayor or the mayor pro tem. if he be presiding, shall

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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 aldermen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least three aldermen 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. Council meetings. Section 20. Police Court. Be it further enacted, that the mayor or in his absence of disqualification the mayor pro tem., or in the case of the absence of both the mayor and mayor pro tem., any alderman of the City of Chatsworth 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, or to work the streets in the city chaingang, or such other public place 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 or 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 alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting

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mayor in addition to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Police court. Section 21. Commitment Trials. 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 to permit bail if the offense is bailable, by a justice of the peace unders the laws of this State, to appear before the Superior Court of Murray County. Commitment trials. Section 22. Arrests. Be it further enacted, that the mayor and aldermen of said town shall have the power to authorize by ordinance the marshal and 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. Arrests. Section 23. Arrests. Be it further enacted, that it shall be lawful for the marshal or any policemen of said city to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine said person arrested by them in the city prison or in the jail of Murray County, for a reasonable length of time. It shall be lawful for the marshal or the 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 Chatsworth, 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

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in their hands charging any person or persons with violating any of the criminal laws of this State. The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person or persons charged with violating any of the ordinances of the City of Chatsworth; 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 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. Section 24. Public Work Camps and Work Gangs. Be it further enacted, that the mayor and aldermen of the said City of Chatsworth shall have power to organize one or more public work camps or work gangs, and confine therein persons who have been sentenced by the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Work camps. Section 25. Hearings. 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

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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 Chatsworth. Hearings. Bonds. Section 26. Appeal from Police Court. Certiorari. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the police court, may enter an appear from the judgment of said court to the board of aldermen; 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 aldermen 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; and 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 aldermen on the appeal shall have right to certiorari to the Superior Court of Murray 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 wait the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the mayor's or police court, from certioraring the proceedings directly to the superior court. Appeal. Certiorari. Section 27. Tax Returns. Be it further enacted, that all persons owning property in the City of Chatsworth shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their

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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 February 1st and close on April 1st 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 28. Board of Tax Assessors, Assessments, Appeal Therefrom. Be it further enacted, that the mayor and aldermen 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, said freeholders owning real estate in said city, as a board of tax assessors of said city. The mayor and aldermen 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 aldermen 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 assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and aldermen; 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

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to all persons whose property valuation has been raised or doubled taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepaid to his last known address shall constitute legal notice to him. Board. Assessments. Section 29. Appeal Therefrom. Be it further enacted, that any person dissatisfied with the assessments 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 aldermen of said city. Provided, said appeal to 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 fire market value as contended for by the appellant; said appeal shall be heard by said mayor and aldermen at their next regular meeting unless continued for cause, and their decisions shall be final. The mayor and aldermen of said city shall have the power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeal. Section 30. Collection of Taxes. Be it further enacted, that the mayor and aldermen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Collection. Section 31. Executions. Be it further enacted, that the mayor and aldermen 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

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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 sheriff's, and constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Executions. Section 32. Tax Rate, Bonded Indebtedness. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Chatsworth and for the ordinary current expenses thereof, the mayor and aldermen 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 evidences 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, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said town authorities and to provide a fund for the payment of the annual interest on said bonds greater ad valorem tax may be levied and collected. Said mayor and aldermen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that the said mayor and aldermen 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 aldermen so desire. Tax rate. Bonded indebtedness. Section 33. Streets, Sidewalks, etc. Be it further enacted, that the mayor and aldermen of the City of Chatsworth

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shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, squares and lands of the City of Chatsworth, and the grading of the same; to open 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 Chatsworth without the compensation first 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 aldermen of the City of Chatsworth 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 and lands of the City of Chatsworth, 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 Chatsworth without the compensation first 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 aldermen of the City of Chatsworth 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 square 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 aldermen of the City of Chatsworth shall have power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks and public grounds for sign posts, awning telegraph, telephone poles, racks and for carrying banners, hand bills and placards on the streets and sidewalks and public places of said city;

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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 aldermen, and in case said telegraph, telephone, power or electric shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. Streets, sidewalks, etc. Section 34. Waterworks Commission. That there shall be a waterworks commission for the City of Chatsworth in the County of Murray, consisting of three members, one of whom shall be chairman, and whose terms of office shall be staggered. The members of the commission shall be appointed by the mayor, with the advice of the aldermen, and the first members appointed shall be one for a term of two years, one for a term of four years, one for a term of six years, and thereafter their successors shall be appointed for a full term of six years. Said commissioners shall receive such remuneration as may be fixed by mayor and aldermen of said city, not to exceed $10.00 per meeting. Said commission shall have general supervision and control over the water and sewerage system, the light system of said city, and gas system of said city, and shall make such rules and regulations in reference to the operation of said systems, or either one thereof, as they may deem best, and make such contacts, and employ or discharge such persons in the operation of said system or systems as they may deem best. Waterworks commission. Powers. Said commission shall have plenary power and authority to erect, or to contract for the erection, enlargement, or improvement, of a system of waterworks and sewerage, a light system, or a gas system, in and for said city, with the amount of funds made available to them by the mayor and aldermen of the city, or funds arising from the operation of the water system, or out of

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funds arising from the sale of revenue-producing certificates or bonds issued by the city. They shall also have the management in like manner, and control of the operation of a waterworks, sewerage, electric light plant, and gas plant or system that may be owned, or hereafter owned, by said city. They are hereby empowered to enter into contracts necessary for the establishment, maintenance and operation of any of said systems. The commission shall have power and authority to maintain, repair, and extend the system of waterworks, sewerage, electric light and gas plants, from time to time, as funds become available for such improvements. They shall have power to erect and maintain public hydrants, fire plugs, poles, wires, water and gas mains, and electric lights within the city limits and elsewhere, as the mayor and aldermen may direct, for the purpose of supplying the city with lights, water for fire purposes as may be necessary, and for other purpose for which they deem proper. The commission shall regulate and provide for the private use of water, lights and gas, when the city owns any such plants, fix the time, price and place of payment for such services, and in default of payment for such services, they may shut them off and keep the same shut off until all arrears are fully paid. Should it become necessary to enforce payment for services already rendered, they may recommend to the clerk of the commission the issuance of execution for the amount due for any services furnished, and the clerk of the commission is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. Powers. The commission is hereby charged with the duty of collecting for all services rendered by any of such plants, and are hereby required to keep the money so collected in a bank named by the mayor and aldermen as a depository for such funds. The commission shall have full control and authority over the expenditure of said funds, providing that 20% of the collections made from the waterworks system shall, by January 30th of each year be turned over to the mayor and aldermen to be used to retire revenue certificates now outstanding or any certificates

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of like character issued in future. The commission, at the time of paying over to the mayor and aldermen the 20% of income, if they deem advisable, or have contracted to do same, may turn over to the mayor and aldermen a larger percentage. The 80% income received from the operation of any of the systems herein mentioned may be used by said commission for maintenance, for establishing new plants or systems, for enlarging the present systems, and for improving the same in such manner as the commission deems advisable. Revenue-Producing Certificates. Should said commission deem it advisable to create additional debts for the erection, enlargement, or improvement of any of the systems under their control by virtue of this Act, the commission is hereby directed and authorized to determine the amount of needed funds, the anticipated revenue from the operation of the facilities, and to recommend to the mayor and aldermen the creation of a debt to be evidenced by revenue certificates to be retired from revenues produced, or to recommend the creation of a bonded indebtedness for such purposes, or as may be raised by other methods. Should the amount of money needed be such that the revenue produced by the facilities would retire same as anticipated by the Constitution and the Revenue Certificate Law of 1937, the mayor and aldermen shall proceed to issue revenue-producing certificates as provided for by the Act of 1937. Should the mayor and aldermen deem it advisable to secure the money on a bond issue, the mayor and aldermen should then proceed with an election for a bond issue as provided for by the Constitution and statutes. Revenue-producing certificates. Said commission shall elect a clerk for their body, either from said commission or from a citizen of the city, and said clerk shall maintain and keep open an office for receiving payments for services rendered by any of such facilities. The clerk shall give bond in such sum as the commission may prescribe, for the faithful discharge of his or her duties, for the prompt payment of all monies collected into the depository, and for a true accounting of the expenditures of any of such funds. The bond shall

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be made payable to the commission. The clerk so elected may also be clerk of board of aldermen. The commission shall make such rules and regulations for the government of their servants and employees and for the distribution and use of the products of any of such plants as they may deem proper, but they shall not make any contract which cannot be performed within the calendar year. Said commission shall make semi-annual reports to the mayor and aldermen showing all receipts and disbursements by them, and showing such other matters as the mayor and aldermen may require. Said commission shall be amenable to the mayor and aldermen and subject to removal from office by them for neglect of duty or malfeasance in office. Said commission may pass such ordinances and by-laws for the protection of any of such systems as they may deem proper, and when such ordinances and by-laws are approved by the mayor and aldermen of said city, they shall have the force and effect of ordinances of said city and any person violating any one of said ordinances shall be tried as provided for in the city charter. The present ordinances of said city are retained and in force until changed by said bodies. Section 35. Gunpowder, Oils, etc. Be it further enacted, that the mayor and aldermen 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 the building of 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. Gunpowder, oils, etc. Section 36. Licenses. Be it further enacted, that said mayor and councilmen shall have full power and authority

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to require any person or firm, company or corporation, whether non-resident in said city who may engage in, prosecute or carry on any trade, business calling, vocation or profession within the corporate limits of said city if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the mayor and aldermen may provide by ordinance. Said mayor and aldermen may provide by ordinances 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. Licenses. Section 37. Games, etc. Be it further enacted, that said mayor and aldermen shall have full power and authority to license billiard tables, pool tables, tenpins, and all tables kept and used for the purpose of playing, gaming, or renting of tenpin alleys, ninepen 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, etc. Section 38. Brokers. Be it further enacted, that said mayor and aldermen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendance as will insure fair dealing between them and their customers. Brokers.

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Section 39. Licenses. Be it further enacted, that the mayor and aldermen 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 kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying jinny, flying horse, merry-go-round, bicycle or skating rink and all circuses, side shows and all other shows or performance exhibiting in said city, and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Licenses. Section 40. Violations. Be it further enacted, that at the first regular meeting of the mayor and aldermen in each year, said mayor and aldermen shall pass and adopt, as herebefore 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 Chatsworth, without having first procured such license and complied with all other requirements of said City of Chatsworth, relative thereto, shall be

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guilty of a violation of the city ordinance provided for such license of 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 the 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 Chatsworth, requiring a license, prior to May first of any year, the mayor and aldermen 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 Chatsworth, requiring a license and shall operate same for a period of thirty days without such license, the mayor and aldermen shall then add the twenty percent (20%) penalty above provided. The mayor and aldermen shall have full power and authority to provide by ordinance, for the classification by the different classes of business, and all other rules and regulations necessary and proper in the premises. Violations. Section 41. Revocation of Licenses. Be it further enacted that the mayor and aldermen 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 Chatsworth, and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked,

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and affording such persons, firm or corporation an opportunity to be heard on the question before said mayor and aldermen, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the mayor and council whatever evidence he may desire touching upon the question of revocation of such license. The decision of the mayor and aldermen of said city, revoking any such license shall be final. Revocation of licenses. Section 42. Animals. Be it further enacted, that the mayor and aldermen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the mayor and aldermen. Animals. Section 43. Condemnation. Be it further enacted, that the mayor and aldermen 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 aldermen, 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

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Georgia of 1933, and the Acts amendatory thereof. The mayor and aldermen 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, lands, alleys, sidewalks, or other public places in said city. Said mayor and aldermen also shall have a like power to remove or cause to be removed as being a nuisance, talc dust, smoke from factories to drift in and over the corporate limits of the City of Chatsworth, and to enforce the provisions of this section by appropriate ordinances. Condemnation. Section 44. Street and Sidewalk Improvements. Be it further enacted, that the City of Chatsworth, by and through its mayor and aldermen, 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 Chatsworth, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof, in said city, as hereinafter provided by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other forms of improvement as to them may seem proper, including the installation of manholes, catchbasins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street and sidewalk improvements. Section 45. Assessments. Be it further enacted, that one-half of the total cost of grading, paving, repaving, or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved, or reimproved, and the other one-half of such cost shall be paid by the said city; provided, however, that when said sidewalks in said city shall be paved, repaved, improved, or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such 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

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city and the curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts. Assessments. Section 46. Be it further enacted, that two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved, or reimproved, the other one-third, of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catchbasins, 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 providing for in this Act; provided, however, that the cost of the paving or improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Section 47. Water, Gas, and Sewer Pipes. Be it further enacted, that said mayor and aldermen of said City of Chatsworth 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 pipes in and underneath the sidewalks, streets,

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avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and make a part of the general assessment to cover the cost of such improvement and shall be taxes against the owners of such abutting property. Water, gas, and sewer pipes. Section 48. Computation of Assessments. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places, directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Computation of assessments. Section 49. Sidewalk Improvements. Be it further enacted, that said City of Chatsworth by and through its mayor and aldermen, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said mayor and the council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places: It shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved and reimproved in said city, where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same

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and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or reimproved in connection with the paving, repaving, improving, reimproving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalk improvements. Section 50. Ordinances for Street Improvements, etc. Be it further enacted, that no street, avenue, alley, lane, or other public place in any city shall be 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. Ordinances for street improvements. Section 51. 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 the 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. Section 52. Notice of Intention. Objections. 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

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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 Murray 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 aldermen to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinances. Said meeting may be held at the time for the regular monthly meeting of said mayor and aldermen 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 aldermen 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 aldermen, and said ordinance shall have been held by the courts of this State to be conclusively valid and binding

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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 aldermen shall deem best they shall cause said improvements to be made. Notice. Objections. Section 53. Contracts for Improvements. Be it further enacted, that said mayor and aldermen 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 aldermen shall by ordinance provide that the contracts shall execute to the City of Chatsworth 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 Chatsworth and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five percent of the 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 aldermen. 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 aldermen. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said City of Chatsworth. The right is hereby expressly granted to the City of Chatsworth 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

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aldermen 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, perform all the conditions imposed by the said mayor and aldermen as prescribed in such ordinance and notice for proposals. The said mayor and aldermen 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. Section 54. Appraisal of Costs. Be it further enacted, that as soon as the said contract is let, and cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said mayor and aldermen shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee to appraise and apportion the cost and expenses of the same to the several tracts or land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane, or other public place so improved. When said report shall have been returned and filed and the said mayor and aldermen for said city shall appoint a time for holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvement, 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 Chatsworth 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

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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 aldermen 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 said mayor and aldermen. The said mayor and aldermen shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Appraisal of costs. Section 55. Assessments; Notice, Payment, etc. Be it further enacted, that after the adoption of the ordinance provided for in Section Fifty-five of this Act a written statement shall be furnished by the clerk of the said City of Chatsworth 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

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or agents, and where such owners or agent is a non-resident of said city it will be sufficient service if said notice of 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, payment, etc. Section 56. Executions. Sales. 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 Chatsworth 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 hearing teste in the name of the mayor and aldermen of said city and specifying the improvements for which it is issued against the owner and also the property of such owner abutting on the sidewalks, street, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales or city taxes the same shall be sold at public outcry to the highest bidder; and such sale shall vest in absolute title in the purchaser subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Chatsworth shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Execution and sale.

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Section 57. Transfer of Executions. Be it further enacted, that the marshal of said city when so ordered by said mayor and alderman 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 collections of said executions. Transfer of executions. Section 58. Ordinance as Notice of Lien. 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 Murray County, Georgia, under the general registration laws of this State. Ordinance as notice of lien. Section 59. Illegality. 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 grounds that the same has issued (or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with

Page 2383

by said mayor and aldermen; 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 Murray 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 aldermen 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. Illegalities. Section 60. 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 the streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this county is the owner the commissioner of roads and revenues of said Murray County, is authorized to on behalf of the county, and where the City of Chatsworth is the owner the mayor of said town is authorized to sign for and in behalf of the said city. Section 61. Bond Elections. Be it further enacted, that the mayor and aldermen of the City of Chatsworth 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 aldermen may designate, to determine

Page 2384

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 municipalities and said mayor and aldermen are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes, authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bond elections. Section 62. Installment Payment of Assessments. Be it further enacted, that if said mayor and aldermen should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessments against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven per cent per annum until paid. Installment payments of assessments. Section 63. Be it further enacted, that, in the event that the mayor and aldermen provide in said assessment

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ordinance for the paving, repaving or otherwise improving of the streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the first installment of said assessments, together with interest to that upon the whole, shall be due and payable on the first day of September, next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each, year, the first installment of such assessment and interest shall be due and payable on October first of 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 to their respective assessments without interest, within said period of thirty days, to the Treasurer of the City of Chatsworth. Section 64. Be it further enacted, that in the event the said mayor and aldermen deem it fitting and proper and so provide the assessment ordinance for street improvements that the assessment 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 57, thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Section 65. Street Improvement Bonds. Be it further enacted, that in the event that the mayor and aldermen

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provide in said assessment ordinance for the paving, repaving or otherwise improving of any street, 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 aldermen are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said assessments ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said mayor and aldermen may determine, which bond or bonds shall in no event become a liability of the mayor and aldermen of the City of Chatsworth 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 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 soley 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

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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 66. Collections. Be it further enacted, that, in the event that the mayor and aldermen 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 66 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Chatsworth, 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 bonds. Collections. Section 67. Executions. Be it further enacted, that, in the event that the mayor and aldermen 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 66 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Chatsworth, 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

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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 advertising 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 Chatsworth or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvements; and after advertisement and other proceedings as in the 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. Executions. Section 68. Be it further enacted, that if the said City of Chatsworth has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, repaving or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the mayor and aldermen may, by appropriate ordinance, direct the pro rata share of said city for the expense of so improving

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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. City's share. Section 69. Code Provisions. Be it further enacted that nothing herein contained shall be construed to prevent the mayor and aldermen of said city from proceeding under the provisions of Chapter 69-4, Section 69-401-434, both and all inclusive, of the Code of Georgia 1933, referring to Street Improvement 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 side-walks in said City of Chatsworth 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 section of this charter for the improvements 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. Section 70. Sewers and Drainage. Be it further enacted that the mayor and aldermen 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 aldermen 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

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as may seem best for the preservation of the health of the inhabitants of said town, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existance or that may be thereafter allowed. When any system or sewerage or drainage shall be constructed by the said mayor and aldermen, 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 aldermen by appropriate ordinances. Sewers and drainage. Section 71. Rights of Way. Be it further enacted, that in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, in damage shall be assessed as in cases of property taken for opening, straightening or widening streets, under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Rights of way. Section 72. Be it further enacted, that said mayor and aldermen 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 73. Sewerage Extension beyond Limits. Be it further enacted, that for the purpose of preservation of the health of the inhabitants of said city, the mayor and aldermen are empowered to extend their system of sewerage

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or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Sewerage. Section 74. Assessments for Sanitation Purposes. Be it further enacted, that said mayor and aldermen 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 aldermen 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 alderman 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 75. Jurisdiction of City Extended for Police and Sanitation. Be it further enacted, that jurisdiction of the mayor and aldermen and the territorial limits of the City of Chatsworth 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

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ordinances, wherever found, within or without the limits of said city. The mayor and aldermen 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 power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Jurisdiction over utilities. Section 76. Condemnation of Water Rights, etc. Be it further enacted, that the mayor and aldermen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the town for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Water rights. Section 77. Water Closets, Urinals, etc. Be it further enacted, that said mayor and aldermen shall have full and absolute control of all city pipes, sewers, private drains, water closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and aldermen 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 aldermen, or whenever they become a

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nuisance. They shall also have the power and authority to compel the owner to connect water closets and urinals on the premises of property owners with the sanitary system of the city, when such property is located or near streets where there are such sewers and under such regulations and rules as may be prescribed by the mayor and aldermen, and said property owners who fail to connect any water closets or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and aldermen, the mayor and aldermen 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 aldermen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if owner should fail to remove same after having been given reasonable notice so to do the mayor and aldermen 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 aldermen 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 wellbeing of the inhabitants of said city. Water closets and urinals. Section 78. Board of Health. Nuisances. Be it further enacted, that the mayor and aldermen 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 aldermen may provide. It shall be their duty to meet as often as necessary, or as the mayor and aldermen may prescribe, and to visit every portion of the city, and to report to the mayor and aldermen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and aldermen shall have power, upon report of

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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 aldermen 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 79. Drainage of Lots and Cellars . Be it further enacted, that said mayor and aldermen 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 aldermen may elect, to comply with the requirements of said mayor and aldermen by draining or filling said lots or cellars, it shall be lawful for said mayor and aldermen to have this work performed and the amount expended in doing so collected by executions, and the sale under such executions shall pass the title to the property. Drainage of lots and cellars. Section 80. Nuisances . Be it further enacted, that said mayor and aldermen, 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 aldermen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 81. Alcoholic Liquors . 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 aldermen may have reasonable cause to

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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 aldermen may have full power and authority to abate as a nuisance any place in town when said mayor and aldermen 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 aldermen 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 82. Fire Protection . Be it further enacted, that said mayor and aldermen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Chatsworth and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that may deem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and aldermen 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 aldermen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected

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by execution as in other cases provided in this charter. Fire protection. Section 83. Health Regulations . Be it further enacted, that said mayor and aldermen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the town. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the town. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of the town to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Health regulations. Section 84. Churches and Cemeteries . Be it further enacted, that said mayor and aldermen 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 85. Franchises, Easements . Be it further enacted, that the mayor and aldermen of said city, shall have the power to grant franchises, easements, and right of way over, in, under and on the public streets, lanes, alleys, parks, and other property of said city. Franchises, easements. Section 86. Arrests beyond Territorial Jurisdiction . 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

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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. Arrests. Section 87. Examination of Official Conduct . Be it further enacted that the mayor and aldermen of said city shall be empowered and authorized through a committee, or by themselves in the discretion of said mayor and aldermen whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee, or mayor and aldermen conducting said examination, shall have power to send for persons and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Examination of official conduct. Section 88. Fees . Be it further enacted, that the mayor and aldermen 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. Section 89. Prisoners . Be it further enacted that the mayor and aldermen shall provide for a town prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. They may contract with the proper authorities of Murray County for the use of the common jail of said county for this purpose. Prisoners. Section 90. Immoral Conduct . Be it further enacted, that said mayor and aldermen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity

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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. Immoral conduct. Section 91. Houses of Ill Fame, etc. Be it further enacted, that the mayor and aldermen 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. Houses of ill fame. Section 92. Executions. Be it further enacted, that all executions, in favor of the City of Chatsworth 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 aldermen of the City of Chatsworth 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

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premium of 10 percent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sales and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Chatsworth, 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 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 Chatsworth, 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 aldermen 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 Chatsworth. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriff s and constables to put purchasers in possession of property sold by them under the laws of this State. Executions.

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Section 93. Accusations, Warrants, etc. Be it further enacted, that said mayor and aldermen 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 Chatsworth, 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 aldermen. Accusations, warrants, etc. Section 94. Parks. Be it further enacted, that said mayor and aldermen of the City of Chatsworth, 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 95. Trees . Be it further enacted, that the mayor and aldermen of the City of Chatsworth, 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 aldermen 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 aldermen at the expense of such property owner, and for such expenses of removal execution may issue against

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such property owner. Trees. Section 96. Street Tax. Be it further enacted, that the mayor and aldermen of the City of Chatsworth may require and compel all male, persons between the ages of eighteen and fifty who have resided in the City of Chatsworth as long as thirty days, except those who are exempt in Section 96 of this Act, to work upon the streets of said City of Chatsworth not to exceed fifteen days in each year, at such time or times as the mayor and aldermen may require, or to pay a commutation tax in lieu thereof, not exceeding seven dollars and fifty cents ($7.50) in any one year, as said mayor and aldermen 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 aldermen 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 aldermen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. Street tax. Section 97. Exemptions from Street Tax. 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 96 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 aldermen and their decision on such question shall be final. Exemptions from street tax. Section 98. General Welfare Powers. Be it further

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enacted, that the mayor and aldermen of the City of Chatsworth 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 aldermen 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 aldermen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. General welfare. powers. Section 99. Vehicles. Be it further enacted, that said mayor and aldermen 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, also trains whether the train be an accommodation train, local freight train, mixed train, passenger train, regular passenger train; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from steam whistles, bells or other contrivances, that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Vehicles. Section 100. Idleness and Loitering. Be it further enacted, that the mayor and aldermen 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.

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Section 101. Impeachments. Be it further enacted, that in case the mayor and/or a alderman while in office shall be guilty of malpractice and wilfull 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. Impeachments. Section 102. Fire Protection. Be it further enacted, that it shall be the duty of the mayor and aldermen 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 protection. Section 103. Dogs. Be it further enacted, that the mayor and aldermen 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 104. City Code. Be it further enacted, that the mayor and aldermen of said city shall cause to be codified all ordinances of said City of Chatsworth, together with this Act into one book to be known as The Code of the City of Chatsworth, 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 Murray County, Georgia, for recording deeds. Said mayor and aldermen shall, no later than the first regular meeting of the mayor and aldermen to be in January, 1953, pass and adopt such code, as the Code of the City of Chatsworth; 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 Chatsworth, certifying the same to be the code of ordinances and laws of said town. City Code.

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Section 105. Building Permits. Be it further enacted, that said mayor and aldermen shall have power and authority to require any person, firm or corporation to obtain from said mayor and aldermen 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 aldermen 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 106. Condemnation. Be it further enacted, that the mayor and aldermen of said City of Chatsworth 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 and the buildings or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and aldermen shall desire to exercise the power and authority to condemn property as granted and conferred herein said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor 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.

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Section 107. Bonds. Be it further enacted that the mayor and aldermen of the City of Chatsworth shall have power and authority to issue bonds and revenue certificates for and in the name of said city for any of the following purposes, to wit; for purchasing lands, buildings; erecting buildings; improvising property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equiping, and maintaining waterworks, water supply system, and gas systems and services and electric light system; for laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire-fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Bonds. Section 108. Plans, Specifications, etc. 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 aldermen 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. Plans, specifications. Section 109. Bond Elections. Be it further enacted, that before any bond of said city shall be issued for any of the purposes named in Section 110 of this charter, the mayor and aldermen of said city shall, by appropriation of resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this

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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 aldermen; 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 aldermen as hereinbefore provided, then and in such event of said city's mayor and aldermen 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 aldermen 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. This section does not apply to the mayor and aldermen issuing revenue certificates for the purposes as heretofore stated in Section 108 of this Act as they are empowered under Section 108. Bond elections. Section 110. Sinking Fund. Be it further enacted, that whenever any bonds are issued by said town, it shall be the duty of the mayor and aldermen 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 111. Temporary Loans. Be it further enacted, that the mayor and aldermen 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

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therefore in the name of said city, as may be provided by special resolution or ordinances for that purpose. Temporary loans. Section 112. Revenue, Producing Projects. Be it further enacted, that the 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 soley from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State, and Acts amendatory thereof. Revenue-producing projects. Section 113. Existing Ordinances. Be it further enacted, that all ordinances heretobefore adopted by the mayor and aldermen of the City of Chatsworth, 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 aldermen of said City of Chatsworth may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section. 114. Be it further amended, that all Acts of the General Assembly of Georgia heretobefore passed, incorporating the City of Chatsworth, 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. Section 115. Sale of City Property. Be it further enacted, that the mayor and council of said city shall

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have the power and authority to sell any property belonging to said town and which shall become unnecessary and useless for said city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the mayor and council either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hours of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by a sheriff. Sale of city property. Section 116. Code Provisions. All matters not provided for in this charter shall be governed by the provisions of Title 69, Code of Georgia, 1933. Code provisions. Section 117. Malt Beverages. Be it further enacted, that the sale and distribution of malt beverages is hereby authorized in the City of Chatsworth, and the mayor and board of aldermen is hereby vested with complete control and power of issuing privileges to sell malt beverages and full and complete power to revoke the privilege to any person authorized to sell malt beverages. Malt beverages. Section 118. Recall of Officers. Be it further enacted, that from and after the passage of this Act that the mayor and aldermen elected by the vote of the people shall be subject to removal during their terms of office in the following manner: Whenever thirty percent in number of the registered voters residing in the City of Chatsworth as disclosed by the registration sheets of the preceding city election shall so request in a petition filed in the office of the Clerk of the Superior Court of Murray

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County an election shall be called and held thirty days from the time of the filing of said petition on the subject only of the recall or non-recall of such official or officials. It shall be the duty of the clerk of the superior court to certify the names of such list and report to the Judge of the Superior Court of Murray County the number of registered voters thereon in order to see that the required number have signed the said petition. This report shall be submitted to said judge with the petition. When so reported with this section the said judge shall order an election to be held under the same rules and regulations as govern regular city election. In this election the ballot will be as follows with the names of such officer or officers, and the office and officers inserted in the blanks: For the recall of , holding the office of , Against the recall of holding the office of . If a majority of the votes cast in said election are for recall of such officer or officers, this office is declared vacant at the moment these votes are canvassed by the said judge and the result announced. The election managers shall make a return of the votes cast in said election within three days after the election to the judge and the judge shall examine this return and declare the result. If a majority of the votes so cast be for the recall of the official, this office is vacated at the time the result is so declared by the said judge as herein provided and the vacancy immediately exists. Said judge shall call an election to fill said vacancy or vacancies within thirty days from the date said vacancy is declared, which said election shall be under the same rules and regulations governing regular city election, and at such election the official who has been recalled is eligible as a candidate for re-election and the person or persons elected shall hold office for the unexpired term. Recall of officers. Section 119. Treasurer's Statement. Be it further enacted that the treasurer publish a statement of receipts and disbursements in the official paper of the City of Chatsworth not later than January 30 for the preceding year. Treasurer's statement.

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Section. 120. If Part Unconstitutional . 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 Chatsworth 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 unconstitutional. Section 121. Be it further enacted, that the provisions of this amended charter shall become effective and in full force immediately upon the passage and ratification of this Act, except that all ordinances now in force shall remain in full force and effect until changed and/or modified by the Council of the City of Chatsworth. Effective date. Section 122. 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. Section 122-A. Any other provisions of this Act to the contrary notwithstanding, this Act shall become effective immediately upon approval of this Act by the people voting in a referendum election as hereinafter provided. The voters eligible to participate in said referendum shall be both those qualified to vote in the City of Chatsworth under existing charter and those qualified voters residing in the new territory being incorporated into the City of Chatsworth under this Act. A majority voting of both the said qualified voters of the City of Chatsworth and of the new territory being incorporated into the City of Chatsworth under this Act shall be necessary to approve this Act. Those voters residing in the new

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territory being incorporated into the City of Chatsworth shall be those qualified to vote in the last general election for members of the General Assembly and those qualified according to law since then and fifteen days prior to said referendum. The list of qualified voters of the City of Chatsworth shall close fifteen days prior to said referendum. Referendum. Section 122-B. Within ninety days and not less than sixty days after the passage and approval of this Act, the Mayor and Council of the City of Chatsworth shall issue a call for a referendum election to be held on a date fixed by them within the period of time above provided for the purpose of submitting this Act to the voters of the City of Chatsworth and of the new territory being incorporated therein under this Act for approval or disapproval. The date of the referendum election and the purpose thereof shall be published on four consecutive weeks immediately preceding the week in which the referendum election is to be held. Also notice shall be posted in at least three prominent places in the City of Chatsworth and the new territory being incorporated therein hereunder of the date and places of such referendum and the purpose thereof. Those persons voting in favor of this Act shall have printed on their ballots the words: For approval of the Act amending and creating a new charter for the City of Chatsworth. Those persons voting against the approval of this Act shall have printed on their ballots the words: Against the approval of the Act amending and creating a new charter for the City of Chatsworth. It shall be the duty of the Mayor and Council of the City of Chatsworth to ascertain and certify the results of such referendum election, and publish same. Such referendum election shall be held according to the provisions of the existing charter of the City of Chatsworth relative to elections, where such provisions do not conflict herewith. If a majority of the persons voting within the City of Chatsworth and a majority of those persons voting within the new territory being incorporated into the City of Chatsworth hereunder vote for the approval of this Act, then it shall immediately become of full force and effect. If a majority of either

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the voters voting in the City of Chatsworth or the voters voting in the new territory being incorporated therein under this Act shall vote against the approval of this Act, it shall be void and of no force and effect. The expense of such an election shall be borne by the City of Chatsworth. Section 123. That all laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Bill. To the Citizens of Chatsworth, Murray County, Georgia, and all who may be concerned: Notice is hereby given that application will be made at the 1953 session of the General Assembly of Georgia for the passage of the following bill: An Act to amend, consolidate and supersede the several Acts incorporating the City of Chatsworth in the County of Murray, State of Georgia, and all amendments in respect thereto; to provide for municipal government; and for other purposes. This the 2nd day of December 1952. /s/ Odell Ingle Representative, Murray County, Georgia. 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, and in which newspaper the sheriff's advertisements of said county are published; that the notice to ask for legislation to amend, consolidate and supersede the several Acts incorporating the City of Chatsworth, a copy of which notice is hereto attached, was published in said The Chatsworth Times in the issues of December 11, 18, and 25, 1952. /s/ Roy McGinty, Jr.

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Sworn to and subscribed before me, this 12th day of January, 1953. /s/ J. Paxton Allis N. P. Murray Co. Ga. (Seal). Notice of Legislation. To the Citizens of Chatsworth, Murray County, Georgia, and all who may be concerned: Notice is hereby given that application will be made at the 1953 session of the General Assembly of Georgia for the passage of the following bill: An Act to amend, consolidate and supersede the several Acts incorporating the City of Chatsworth, in the County of Murray, State of Georgia, and all amendments in respect thereto; to provide for municipal government; and for other purposes. This the 2 day of December, 1952. /s/ Odell Ingle Representative, Murray County, Georgia. Approved February 17, 1953. LAW BOOKS TO TALBOT COUNTY. No. 2 (Senate Resolution No. 8). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Talbot County, without cost to said county, certain law books; and for other purposes. Whereas, there are missing from the library of the Superior Court of Talbot County certain law books, and Whereas, the business of said court is hampered

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and delayed because of the lack of such books, Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be hereby authorized and directed to furnish to the Superior Court of Talbot County, without cost to said county, the following law books: Volumes 3, 9, 13, 18, 19, 21, 22, 25, through 35, 37, 40 through 179, 181, 186, 207 and 208 of the Georgia Reports. Volumes 1 through 13, 19, 20, 24, 25, 27, 28, 31, 33, 35, 36, 38 through 53, 82, 83, and 84 of the Georgia Appeals Reports. 1 Volume Georgia Laws 1876, 1 Volume Georgia Laws 1913 and 1 Volume Code of Georgia, 1933. Be it further resolved that if for any reason the State Librarian cannot furnish the above books, the Governor is hereby authorized to draw his warrant for the amount required for the same. Approved February 17, 1953. LAW BOOKS TO COWETA COUNTY. No. 4 (House Resolution No. 25-87h). A Resolution. Authorizing the Librarian to furnish to the Ordinary of Coweta County, without cost to said county, certain law books; and for other purposes. Whereas there are missing from the library of the Ordinary of Coweta County certain law books, and Whereas the business of said ordinary court is hampered

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and delayed because of the lack of such books, Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be hereby authorized and directed to furnish to the Ordinary of Coweta County, without cost to said county, the following law books: Vols. 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 34, 35, 36, 37, 38, 40, 60, 64, and 69 of the Georgia Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the above books, the Governor is hereby authorized to draw his warrant for the amount requested for the same on any unappropriated funds in the State Treasury. Approved February 18, 1953. LAW BOOKS TO RABUN COUNTY. No. 6 (House Resolution No. 31-124c). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Rabun County, without cost to said county, certain law books; and for other purposes. Whereas, there are missing from the library of the Superior Court of Rabun County certain law books, and Whereas, the business of said court is hampered and delayed because of the lack of such books, Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be hereby authorized and directed to furnish to the Superior Court of Rabun County, without cost to said county,

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the following law books: Volumes 8, 31, 33, 37, 46, 49, 86, 87, 88, and 89 of the Georgia Appeals Reports. Volumes 7, 18, 27, 33, 34, 40, 43, 48, 49, 60, 73, 84, 116, 153, 154, 159, 160, 161, 165, 166, 171, and 197 of the Georgia Reports. Be it further resolved that if for any reason the State librarian cannot furnish the above books, the Governor is hereby authorized to draw his warrant for the amount required for the same on any unappropriated funds in the State Treasury. Approved February 18, 1953. LAW BOOKS TO POLK COUNTY. No. 7 (House Resolution No. 24-87g). A Resolution. Authorizing the State Librarian to furnish to the Superior and City Courts of Polk County a complete set of volumes of the Georgia Reports and the Georgia Appeals Reports to be kept in the joint library of the Superior and City courts of Polk County. Whereas, the County of Polk has recently constructed a new courthouse and there are not available for the superior and city courts library located therein any of the Georgia Reports or Georgia Appeals Reports and Whereas, the business of said courts is hampered and delayed because of the lack of said reports, Now, therefore, be it resolved by the General Assembly of the State of Georgia that the State Librarian be,

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and she is hereby, authorized and directed to furnish to said Superior and City Courts of Polk County for the use of their joint library, without cost thereto, a complete set of volumes of the Georgia Reports and Georgia Appeals Reports. If for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for same on any unappropriated funds in the State Treasury. Approved February 18, 1953. POLLING PLACES IN DOUGHERTY COUNTY. No. 161 (House Bill No. 147). An Act to prohibit solicitation of votes within a certain distance of polling places in Dougherty County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. It shall be unlawful in Dougherty County for anyone to solicit votes in any manner during any election, general, special or primary, within seventy-five yards of the building in which the voting room, booth or enclosure is located, provided, however, that this prohibition shall not apply to solicitation of votes within the confines of any hotel or other building in which campaign headquarters may be established. Anyone who violates this Act shall be guilty of a misdemeanor. Solicitation of votes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce

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at the 1953 session of the General Assembly of Georgia a bill to be entitled An Act to Prohibit Solicitation of Votes Within a Certain Distance of Polling Places in Dougherty County; to repeal conflicting laws and for other purposes. /s/ G. Stuart Watson, Representative, Dougherty County /s/ B. C. Gardner, Jr., Representative, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and does further certify that an exact copy of the above notice was published in the Albany Herald on Dec. 30, 1952; Jan. 6. and Jan. 13, 1953. This 13th day of January, 1953. /s/ Janis H. Greeg Sworn to and subscribed before me, /s/ G. Stuart Watson Notary Public, Dougherty County, Ga. Approved February 19, 1953. TAX RECEIVERS' COMMISSIONS IN CERTAIN COUNTIES. No. 162 (House Bill No. 116). An Act to provide that the tax receiver in all counties of the State having a population of not less than 20,960 and not more than 20,965, according to the United States census of 1950, and any future United States census, shall be paid from ad valorem school tax collected

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for the county board of education a commission of one percent (1%) of the net amount collected by the county tax collector; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The tax receiver in all counties of the State having a population of not less than 20,960 and not more than 20,965, according to the United States census of 1950, and any future United States census, shall be paid from the ad valorem school tax collected for the county board of education a commission of one percent (1%) of the net amount collected. School tax Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1953. DOUGHERTY TAX COMMISSIONER. No. 164 (House Bill No. 293). An Act to consolidate the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner of Dougherty County; to provide the term of office; to prescribe the duties; to provide for compensation; to provide for clerical assistance; to provide for certain procedure connected with the office of tax commissioner; to provide for the election of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Effective January 1, 1957, the office of Tax Receiver and the office of Tax Collector of Dougherty County are hereby consolidated into the one office of

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Tax Commissioner of Dougherty County. The rights, duties and liabilities of said tax commissioner shall be the same as those heretofore incumbent upon the tax receiver and tax collector. All laws applicable to tax receivers and tax collectors shall be of full force and effect relating to the tax commissioner insofar as the same are applicable. The compensation of the tax commissioner shall be seven thousand five hundred dollars ($7,500) per annum, to be paid in equal monthly installments from the general funds of Dougherty County. All fees, costs and commissions now or hereafter allowed by law to the tax receiver and tax collector for receiving and collecting taxes for the State and political subdivisions thereof shall be collected by the said tax commissioner, and all such funds so collected shall be paid into the general funds of Dougherty County. Tax commissioner. Compensation. Section 2. The tax commissioner is hereby authorized to employ the necessary clerical assistance to aid him in the performance of the duties of his office, and the compensation of such clerical help shall be fixed and paid by the Board of Commissioners of Roads and Revenues of Dougherty County. Clerical assistance. Section 3. All taxes due and payable and all tax fi. fas. issued by the Tax Collector of Dougherty County outstanding at the time said tax commissioner takes office shall have full force and effect and shall be collectible as issued. Section 4. The Board of Commissioners of Roads and Revenues for Dougherty County shall provide for and furnish to the tax commissioner an office to be located in the courthouse of said county. The tax commissioner shall not be required to make any rounds for the purpose of receiving returns or collecting taxes, but he shall keep his office open for the transaction of business during the hours observed by other regular county officers. Office. Section 5. The Tax Receiver and Tax Collector of Dougherty County shall continue to perform their duties as such until the tax commissioner takes office on the

Page 2421

date provided hereinbefore. The tax commissioner created herein shall be elected at the time of the election of other county officers in the year 1956 and shall assume his office on January 1, 1957. Incumbents. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of intention to introduce a local bill in the General Assembly of Georgia for the consolidation of the offices of Tax Receiver and Tax Collector in Dougherty County, caption of said local bill being as follows: A Bill. To be entitled an Act to consolidate the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner of Dougherty County; to provide the term of office; to prescribe the duties; to provide for compensation; to provide for clerical assistance; to provide for certain procedure connected with the office of tax commissioner; to provide for the election of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. Georgia, Dougherty County. Personally appeared before the undersigned attesting officer, James H. Gray, who on oath being duly sworn deposes and certifies that he is publisher of The Albany Herald, a 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 The Albany Herald once a week for three weeks, the said notice having been published in the issues of said paper on January 10, 1953, January 17, 1953, and January 24, 1953. /s/ James H. Gray Editor and Publisher of The Albany Herald.

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Sworn to and subscribed before me, this 10th day of January, 1953. /s/ Carol Atkinson, N. P. Dougherty County, Georgia. Notarial Seal Affixed. Approved February 19, 1953. SALARIES OF OFFICERS IN CERTAIN COUNTIES. No. 165 (House Bill No. 292). An Act to amend an Act approved March 11, 1943, (Ga. Laws of 1943, pp. 433-438, both inclusive), as amended by an Act approved February 25, 1949 by Georgia Laws 1949, pp. 1781-1784, both inclusive, which is an Act entitled: An Act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court; the sheriff, and the tax commissioner; to make provisions regulating the carrying out of such change; to regulate the collection and disposition of costs; to provide for a deputy, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputy, clerks and assistants; to provide for furnishing the sheriffs in such counties with an automobile to carry on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide for emergency help; to provide for the payments of such officers, deputies, clerks or assistants by the commissioners of roads and revenue of such county, and for the disbursement thereof by the sheriff, clerk and tax commissioner; to repeal conflicting laws or parts of laws; and for other purposes., so as to increase the salaries of the various elected officers and employees of all such counties, and so as to increase the number of employees in the offices of the elected officers in all such counties; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act named in the caption of this bill which is an Act of the legislature of Georgia, approved March 11, 1943, published in Georgia Laws 1943, pp. 433-438, inclusive, and as amended by an Act approved February 25, 1949 by Georgia Laws 1949, pp. 1781-1784, both inclusive, and entitled: An Act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court; the sheriff, and the tax commissioner; to make provisions regulating the carrying out of such change; to regulate the collection and disposition of costs; to provide for a deputy, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputy, clerks and assistants; to provide for furnishing the sheriffs in such counties with an automobile to carry on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide for emergency help; to provide for the payment of such officers, deputies; clerks or assistants by the commissioners of roads and revenue of such county, and for the disbursement thereof by the sheriff, clerk and tax commissioner; to repeal conflicting laws or parts of laws; and for other purposes., be and the same is hereby amended in the following particulars: Acts amended. Section 1. Section 2 of said Act is amended as follows: (a) By striking the figures $2400.00 in Subsection (a) of Section 2 and inserting in lieu thereof the figures $3,000.00 so that said Subsection (a) of Section 2 when amended shall read as follows: (a) Clerk of the superior court an annual salary of three thousand ($3,000.00) dollars per annum plus three thousand ($3,000.00) dollars per annum for two clerks and assistants payable in equal monthly installments; Clerk of superior court. (b) By striking Subsection (b) of Section 2 and inserting

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in lieu thereof the following: The sheriff an annual salary of $3,000.00 per annum plus $2400.00 per annum for a chief deputy plus $1800.00 per annum for all other deputies, payable in equal monthly installments, so that said Subsection (b) of said Section 2 when amended shall read as follows: (b) The sheriff an annual salary of $3000.00 per annum plus $2400.00 per annum for a chief deputy and $1800.00 per annum for his deputy or deputies payable in equal monthly installments. Sheriff. (c) By striking the figures $2400.00 in Subsection (c) of Section 2 and inserting in lieu thereof the figures $3000 so that said Subsection (c) of Section 2 when amended shall read as follows: (c) The tax commissioner an annual salary of ($3000.00) three thousand dollars per annum plus fifteen hundred ($1500.00) dollars per annum for clerks and assistants payable in equal monthly installments. Tax commissioner. Section 2. The salaries provided for in this Act shall be retroactive to January 1, 1953, and any sums paid to the officers and employees enumerated therein, prior to the approval of this Act, shall be credited on the sum provided to be paid to each of them as of January 1, 1953. Section 3. Severability. If any provision of this Act, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this Act and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby. Section 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this amendment be, and the same are, hereby repealed. Georgia, Columbia County. Before me a notary public for said county and State appears Carey Williams, who on oath says that he is

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publisher of The Columbia News, of Harlem, Ga., a newspaper in which the legal advertisements appear and that the attached notice appeared in the issues of January 8, 1953, January 15, 1953, January 22, 1953. /s/ Carey Williams. Sworn to and subscribed before me, this 23 day of January, 1953. /s/ R. M. McCommons, Notary Public. Notarial Seal Affixed. Notice is hereby given that the undersigned will introduce a bill in the General Assembly of Georgia at the 1953 session for the purpose of amending an Act approved March 11, 1943 (Ga. Laws of 1943, pp. 433, 438, both inclusive), as amended by an Act approved February 25, 1949 by Georgia Laws 1949, pp. 1781-1784, both inclusive, increasing the salaries of the officers of said county, their deputies, clerks, or employees, including the sheriff of said county, the clerk of superior court, tax commissioner and all other officers and employees. This 3rd day of January, 1953. Glenn S. Phillips, (Representative of Columbia County, Georgia). Approved February 19, 1953. MACONUSE OF CERTAIN STREETS. No. 166 (House Bill No. 258). An Act to vest title in the City of Macon, its successors and assigns, to certain protions of New, Spring, Hemlock and First Streets, and to certain public alleys and portions of public alleys in Squares 73 and 74, all

Page 2426

located in said city, and to authorize said city to close, vacate, and abandon those sections of the streets and alleys involved, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That title to that portion of New Street lying between the southwest line of Pine Street on the northeast, and Hemlock Street on the southwest, and lying between the property line of Pine Street, and the property line on Hemlock Street hereinafter established is hereby vested in the City of Macon, its successors and assigns. New Street. Section 2. That title in and to the public alleys in Squares 73 and 74 of said City of Macon is hereby vested in the City of Macon, its successors and assigns, provided, however, those portions of said alleys not adjacent to properties of the City of Macon on both sides thereof shall not be affected unless and until the City of Macon acquires title to such adjacent property, in which event title will be vested in the City of Macon to the portion of such alley contiguous to such adjacent property. Alleys in Squares 73 and 74. Section 3. That title is vested in the City of Macon, its successors and assigns, to all that portion of Spring Street adjacent Square 73 in said city the same being a strip of land thirty (30) feet wide adjoining the original property line of Square 73 beginning at the northeast side of the original twenty (20) foot alley running through said square and running thence in a southwesterly direction to a line fifteen (15) feet southwest of the original property line on Hemlock Street; all that portion of Hemlock Street in said city adjacent to Squares 73 and 74, the same being a strip of land fifteen (15) feet in width adjoining the original property line of said squares, and running across New Street, and beginning at an extension in a southwesterly direction of the northwest property line of original Lot 4, Square 73 and extending thence with a width of fifteen (15) feet in a southeasterly direction to a line which is twenty-six feet (26)

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feet southeast of the southeast line of original Lot 1, Square 74; and, all that portion of First Street in said city, the same being a strip of land adjacent to said Square 74, twenty-six (26) feet, in width beginning at a line which is an extension in a southeasterly direction of the southwest line of the original Lot 1, Square 74; and running thence in a northeasterly direction adjacent to the original property line of said Lot 1, and an extension thereof to the northeast side of the twenty (20) foot alley running through said Square 74, provided, nevertheless, that it is not the intention of this section to vest title to any portion of Spring, Hemlock, or First Street lying in front of and adjacent to property not owned by the City of Macon, unless and until said city shall acquire title to such property, in which event title will be vested in the City of Macon to such portion of such streets contiguous to such adjacent property as will make a straight line with other properties of such City of Macon. Spring Street. First Street. Section 4. That the City of Macon, through its governing authority, is hereby authorized and empowered to close, vacate, and abandon for street purposes all of those portions of the streets and alleys, title to which is hereby vested in it, and use said property for hospital purposes, so long as it shall maintain a hospital at said location, and thereafter to hold and own the same without limitation. The powers herein granted are not intended to supersede those set forth in the charter of the City of Macon, but are intended to be cumulative of said powers. Use for hospital. Section 5. That evidence of advertising required by law is hereto attached and made a part thereof. Section 6. That all laws or parts of laws in conflict herewith are hereby repealed. Georgia, Bibb County. To Whom It May Concern: Notice is hereby given that application will be made to the 1953 session of the General Assembly of Georgia

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for the passage of the following bill to wit: A bill to be entitled: `An Act to vest title in the City of Macon, its successors and assigns to certain portions of New, Spring, Hemlock and First Streets, and to certain public alleys and portions of public alleys in Squares 73 and 74, all located in said city, and to authorize said city to close, vacate, and abandon those sections of the streets and alleys involved, and for other purposes. This notice is given in compliance with Article III, Section VII, paragraph XV (Code Section 2-1915) of the Constitution of Georgia of 1945. This December 18, 1952. E. S. Sell, Jr., City Attorney. Georgia, Fulton County. Personally appeared before the undersigned attesting authority John B. Harris, Jr., who on oath deposes and says that he is the author of the within and attached bill, and that the notice of intention to ask for local legislation, as the same appears in the within and attached clipping from The Macon News, was published in The Macon News, the newspapers in Bibb County, Georgia, in which the sheriff's advertisements for said county are published upon December 19, 1952, December 26, 1952, and January 2, 1953. /s/ John B. Harris, Jr. John B. Harris, Jr. Member General Assembly Bibb County, Georgia. Sworn to and subscribed before me, this the 22 day of January, 1953. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956.
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(Notarial Seal Affixed). Approved February 19, 1953. TRAFFIC COMMISSION FOR SAVANNAH AND CHATHAM COUNTY. No. 167 (House Bill No. 342). An Act to establish a Traffic Commission for the City of Savannah and the County of Chatham; to provide for the appointment of the commissioners; to provide for the employment of a traffic engineer and other employees; to define the powers of the traffic commission; to provide for the payment of the expenses of the commission by the City of Savannah and Chatham County; to provide penalties for violations of the regulations promulgated by the traffic commission; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority thereof, as follows: Section 1. There is hereby created a Traffic Commission for the City of Savannah and the County of Chatham. Section 2. Said commission shall be composed of seven persons, one of whom shall be an alderman of the City of Savannah, one a county commissioner for Chatham County, and five persons who shall be residents of Chatham County, Georgia, and shall have resided therein for at least one year prior to their appointments as commissioners. Within thirty days after the approval of this Act the Mayor or the Mayor and Aldermen of the City of Savannah shall designate one alderman and three other commissioners, and the chairman of the County Commissioners of Chatham County shall designate one county commissioner and two other commissioners. Of those persons designated by said mayor two shall

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serve for one year, one for two years and one for three years, and of those persons designated by said chairman one shall serve for one year, one for two years and one for three years. Thereafter appointments shall be made by said mayor and aldermen and said county commissioners for terms of three years to succeed commissioners whose terms expire, and any commissioner may be reappointed to succeed himself. Traffic Commission. Section 3. Said commissioners shall organize by selecting a chairman, a vice-chairman, and a secretary, and shall hold meetings at least once a month. The officers of said commission shall be elected each year at the first meeting of the commission after the appointment of its new members. A majority of said commissioners shall constitute a quorum for the transaction of any business of the commission. Meetings, etc. Section 4. Said commission shall have the following powers:- (a) To recommend to the Mayor and Aldermen of the City of Savannah, or to the Commissioners of Chatham County, the adoption of any ordinances or regulations with regard to pedestrian and vehicular traffic anywhere within the confines of Chatham County, over such territory as they have jurisdiction, provided that such ordinances or regulations do not conflict with the provisions of the Constitution of the State of Georgia or any laws thereof. Powers and duties. (b) To promulgate traffic rules and regulations anywhere within said county over such territory as they have jurisdiction for trial periods of not exceeding sixty days, provided that reasonable notice of such rules shall be given to the public in such manner as the commission may provide; and to provide for punishment for the violation of such rules and regulations during such trial period in the police courts of the City of Savannah and of Chatham County. (c) To employ a traffic engineer, and to prescribe his

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qualifications, define his duties, and fix his salary; and to employ such other employees as they may deem necessary, and to define their duties and fix their salaries. (d) Not later than November 1st of each year said commission shall submit to the Mayor and Aldermen of the City of Savannah and to the Commissioners of Chatham County a budget for the following calendar year which shall show in such detail as said governing bodies may require the estimated expenses of said commission for such ensuing year. (e) When such budget shall have been approved by said governing bodies, the fiscal authorities of the Mayor and Aldermen of the City of Savannah shall provide for the use of said commission two-thirds of the amount of such budget, and the Commissioners of Chatham County shall so provide one-third of such amount. No expenditure shall be made or authorized by said commission except as set forth in said budget without express approval by said governing bodies. (f) All purchases made by said commission shall be made through the purchasing department of the City of Savannah in the same manner that purchases are made for the use of said city. (g) All deductions authorized by law or by ordinance from the salaries of employees of the City of Savannah shall be made from the salaries of employees of the commission as though their entire salaries were paid by the City of Savannah, and such persons shall be considered as employees of said City of Savannah in all respects. (h) Said commission shall have and exercise any powers incidental to the exercise of the specific powers hereby conferred upon it. Section 5. Said Commissioners of Chatham County shall have the right to levy a tax upon all taxable property in said county for the purpose of providing the funds which said commissioners are required to provide toward

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payment of the expenses of said traffic commission. Taxation. Section 6. Nothing contained in this Act shall be construed to abridge in any manner the powers of the Mayor and Aldermen of the City of Savannah or the Commissioners of Chatham County to provide by ordinance or resolution for the regulation of traffic in said city and said county; which powers are specifically reserved to said bodies. Section 7. All laws, and parts of laws, in conflict herewith are hereby repealed. Section 8. There is attached hereto and made a part hereof a publishers affidavit showing that the intention to introduce this bill has been advertised as required by the Constitution of the State of Georgia and the laws thereof. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Herman Hexley 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 SPECIAL NOTICE. Notice is hereby given in accordance with the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia of 1945, and in accordance with the provisions of Section 47-801 of the State of Georgia, that a bill will be introduced at the regular session of the General Assembly of Georgia which will convene in the month of January, 1953, to be entitled An

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Act providing that The Mayor and Aldermen of the City of Savannah and the Commissioners of Chatham County, Georgia, shall be authorized to enter into a cooperative agreement for the purpose of creating a city and county traffic department and for the purpose of employing a traffic engineer; and for other purposes. This 12th day of December, 1952. /s/ Edward M. Hester, City Attorney for the Mayor and Aldermen of the City of Savannah. has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of Dec. 13-20-27, 1952. /s/ Herman Hexley. Sworn to and subscribed before me, this 6th day of January, 1953. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Notarial Seal). Approved February 19, 1953. SEMINOLE TAX COMMISSIONERS. No. 169 (House Bill No. 259). An Act to amend an Act entitled An Act to consolidate the offices of Tax Receiver and Tax Collector of Seminole County; to create the office of County Tax Commissioner of Seminole County; to fix his salary; to provide for help and salary of help; to subscribe the rights, liabilities and duties of said officer; to provide that the laws now in force applicable to tax receivers and tax collectors shall be of full force and effect as to the county tax commissioner, so far as the same are

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applicable; to provide that taxes due and all fi. fas. shall have full force and effect and be collectible as such; to provide the effective date of this Act; to provide for the election of the tax commissioner; to provide that all fees, costs and commissions now accruing to the tax collector and tax receiver shall be collected by the tax commissioner and paid into the county treasury to become county funds; to provide for filling vacancies; to provide for bond and the payment of premium thereon by the county; to provide for the levying of a tax to pay salaries; and for other purposes, approved February 25, 1949 (Ga. Laws 1949, p. 1238), so as to provide clerical help and salaries of help to the tax commissioner; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to consolidate the offices of Tax Receiver and Tax Collector of Seminole County; to create the office of County Tax Commissioner of Seminole County; to fix his salary; to provide for help and salary of help; to subscribe the rights, liabilities and duties of said officer; to provide that the laws now in force applicable to tax receivers and tax collectors shall be of full force and effect as to the county tax commissioner, so far as the same are applicable; to provide that taxes due and all fi. fas. shall have full force and effect and be collectible as such; to provide the effective date of this Act; to provide for the election of the tax commissioner; to provide that all fees, costs and commissions now accruing to the tax collector and tax receiver shall be collected by the tax commissioner and paid into the county treasury to become county funds; to provide for filling vacancies; to provide for bond and the payment of premium thereon by the county; to provide for the levying of a tax to pay salaries; and for other purposes, approved February 25, 1949 (Ga. Laws 1949, p. 1238), is hereby amended by adding at the end of Section 4 the following phrase: The tax commissioner may hire such clerical help as he may deem necessary. The

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clerical help shall be paid out of the funds of the county treasury, which expense shall not exceed $1200.00 per annum. so that said section, as amended, shall read as follows: Sec. 4, Act of 1949, amended. Section 4. That said tax commissioner shall have his office in the courthouse of said county, and he shall not be required to make any rounds to receive tax returns or tax payments. The county commissioners of roads and revenues shall furnish to said tax commissioner his office. The tax commissioner may hire such clerical help as he may deem necessary. The clerical help shall be paid out of the fund of the county treasury, which expense shall not exceed $1200.00 per annum, which shall be in the discretion of the county commissioner as to the amount not to exceed the said $1200.00 per annum. Clerical assistance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Seminole County. Notice is hereby given that I shall introduce in the 1953 session of the General Assembly of Georgia a bill to amend the Act creating the office of Tax Commissioner for Seminole County, Georgia, to provide for help and salary of help, and for other purposes. John J. Cummings, Representative Seminole County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John J. Cummings, who, on oath, deposes and says that he is a Representative from Seminole County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News,

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which is the official organ of Seminole County, on the following dates: January 9, 1953; January 16, 1953; and January 23, 1953. /s/ John J. Cummings Representative, Seminole County. Sworn to and subscribed before me, this 22nd day of January, 1953. /s/ J. Willis Conger, N. P. Ga. (Seal). Approved February 19, 1953. BRYAN ORDINARY'S COMPENSATION. No. 170 (House Bill No. 219). An Act to supplement the compensation now received by the Ordinary of Bryan County, by the payment of a salary to said ordinary by Bryan County; to fix the amount of said salary, by whom paid, the date of said payments, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The County Commissioner of Bryan County, or other officer of said county who may hereafter have in charge the fiscal affairs of said county, is hereby authorized and required to pay to the Ordinary of Bryan County, and his successors in office, a monthly salary of seventy five ($75.00) dollars, the first of said payments being due and payable on the first of the month, following final passage and approval of this Act, and thereafter on the first of each succeeding month. Section 2. The above said salary shall be in addition to, and supplementary and independent of, any other

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fees, commissions and compensation to which the ordinary of said county is now entitled under the law or may hereafter be entitled to under the laws of the State, and shall in no manner have the effect of terminating, abolishing or eliminating the Ordinary of Bryan County from any fees or other compensation to which he is now or may hereafter be entitled to under the laws of this State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Bryan County. I, F. O. Miller, publisher of the Pembroke Journal, official newspaper of Bryan County, do hereby swear that the advertisement attached hereto was published in the editions of December 11th, December 18th, and 25th, 1952. /s/ F. O. Miller Sworn to and subscribed before me, this the 10th day of January, 1953. /s/ Margaret E. Lanier Notary Public, Bryan County, Ga. (Notarial Seal). Georgia, Bryan County. Notice is hereby given that a bill will be introduced in the General Assembly of Georgia convening in January, 1953, to provide for the payment of salary and compensation to the Ordinary of Bryan County, Georgia, and to prescribe his compensation as such officer of said county, and for other purposes. This 8th day of December, 1952. /s/ W. Roscoff Deal Representative, Bryan County, Ga. Approved February 19, 1953.

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RICHMOND COUNTYOCCUPATION TAXES AND LICENSES. No. 171 (House Bill No. 332). An Act to authorize the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, to fix, levy and assess occupation taxes and license fees in said county and to give them authority to enforce the payment thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that in addition to the ad valorem tax on real estate and personal property or other taxes and licenses allowed or required by the Constitution or laws of the State, the Board of County Commissioners of Roads and Revenues of Richmond County shall have authority to fix, levy and assess such occupation tax and license fee on the inhabitants of said county and/or on those who transact or offer to transact business therein, as such county authorities may deem expedient for the safety, benefit, convenience and advantage of said county, and may enforce payment of such occupation taxes and license fees in such manner as said county authorities may prescribe; but such taxes shall be levied only without the limits of any incorporated city which has a population of more than 75,000 inhabitants in said county, and such taxes shall not be levied, because of business transacted in the county without the limits of such incorporated city, upon any business which pays an occupation or license tax to such city, unless a separate place of business is maintained in the county without the limits of such incorporated city. Occupation tax, etc. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 3. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Richmond County

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are published, namely, in the Augusta Chronicle, once a week for three weeks during a period of sixty (60) 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 to the effect that said notice has been published as provided by law. Affidavit of Publication. Attorney or Agency Frank H. Pierce Business Attorney-at-Law State of Georgia, Richmond County. Personally appeared, Pat H. Rice, who being duly sworn says that he is the business manager of Newspaper Printing Corp., agent for The Augusta Chronicle a daily newspaper published in Augusta, in said State and County, and that the advertisement An Act to Fix Levy and Assess Occupation Taxes and License Fees duly appeared in said newspaper on the following dates to wit: December -30, 1952; January -3-10, 1953. /s/ Pat H. Rice Sworn to and subscribed before me, this 20th, day of January 1953. /s/ Edith Loyal Notary Public, Richmond County, Ga. (Notarial Seal Affixed). Notice. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia, an Act which will authorize the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, to fix levy and assess occupation taxes and license fees in said county and to give them authority to enforce the payment

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thereof; and for other purposes. Frank H. Pierce, County Attorney. Dec. 30, 1952; Jan. 3, 10, 1953. Approved February 19, 1953. RICHMOND BOARD OF EDUCATIONELECTION. No. 172 (House Bill No. 340). An Act to amend an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1435 to 1460), and the amendatory Acts thereof, 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 (Ga. Laws 1872, pp. 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 providing that in all elections held after the first Tuesday in November, 1952, that the members of said board shall be elected by the qualified voters in said county voting at large, and

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by further providing that the members so elected shall represent and be residents of the wards, districts and combined districts in said county, from which they offer; and for 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 February 25, 1949, (Ga. Laws 1949, pp. 1435-1460), together with the Acts amendatory thereof be, and the same is hereby amended in the following particulars: Section 1. That in all elections held after the first Tuesday in November, 1952, the members of said board shall be elected by the qualified voters in said county voting at large, and the members so elected shall represent and be residents of the wards, districts and combined districts in the said county, from which they offer. Election. 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. That there is attached hereto and made a part of this section, a copy of the published notice of intention to apply for local legislation, accompanied by an affidavit of the publisher to the effect that said notice has been published as provided by law. Affidavit of Publication. Attorney or Agency: Frank H. Pierce Business: Attorney-at-Law. State of Georgia, Richmond County. Personally appeared, Pat H. Rice, who being duly sworn says that he is the Business Manager of Newspaper Printing Corp., Agent for The Augusta Chronicle a daily newspaper published in Augusta, in said State and

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County, and that the advertisement Election of Members to Board of Education duly appeared in said newspaper on the following dates to wit: December-27, 1952; January 3-10-1953. /s/ Pat H. Rice Sworn to and subscribed before me, this 20th day of January 1953. /s/ Edith Loyal Notary Public, Richmond County, Ga. (Notary Seal). McGowen Ptg. Co., Augusta. Notice. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia, local legislation to amend the Acts of 1949 (Ga. Laws, of 1949, pp. 1435-1460), and all laws amendatory thereof, so that said Act when so amended will provide that the Board of Education of Richmond County, Georgia, shall be composed of twelve members, five of whom shall reside outside of the corporate limits of the City of Augusta; that each of whom shall reside in the ward or district or combined districts which they represent and shall be voted on by all of the qualified voters in Richmond county, Georgia, and for other purposes. Frank H. Pierce, Attorney for the County Board of Education. Dec. 27, 1952; Jan. 3, 10, 1953. Approved February 19, 1953. CITY COURT OF SYLVANIATERMS. No. 173 (House Bill No. 311). An Act to amend an Act establishing the City Court of

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Sylvania, in and for the County of Screven, approved December 15, 1902 (Ga. Laws 1902, p. 162), as amended, particularly as amended by an Act approved August 18, 1913 (Ga. Laws 1913, p. 291), by an Act approved February 6, 1952 (Ga. Laws 1952, p. 2171); to amend the terms of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing the City Court of Sylvania, in and for the County of Screven, approved December 15, 1902 (Ga. Laws 1902, p. 162), as amended, particularly as amended by an Act approved August 18, 1913 (Ga. Laws 1913, p. 291), and by an Act approved February 6, 1952 (Ga. Laws 1952, p. 2171), is hereby amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12, which, when amended, shall read as follows: Section 12. There shall be six terms of said court each year, which shall convene on the second Monday in the months of February, June, August, October, December and on the fourth Monday in April. Any term of said court may hold over from day to day until the business thereof be disposed of. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Screven County: Notice is hereby given that the undersigned will introduce a bill at the January session 1953 of the General Assembly of Georgia to amend the Act as amended establishing the City Court of Sylvania which bill will provide for the holding of six (6) terms of said court each year on the second Mondays of February, April, June, August, October, and December. This 10th day of December 1952.

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/s/ W. T. Clarke, Representative. 3t Dec. 26-c Georgia, Screven County. Personally appeared before the undersigned officer authorized by law to administer oaths, Norman F. Chalker, who, being duly sworn, says on oath that he is the editor and publisher of the Sylvania Telephone and was such during the year 1952; that during that year said newspaper published the legal advertisements for the County of Screven. That on the 12th, 19th, and 26th days of December 1952 the foregoing advertisement was published in said newspaper. This 8th day of January 1953. /s/ Norman F. Chalker. Sworn to and subscribed before me, this 8th day of January, 1953. /s/ J. H. Reddick J. H. Reddick, Clerk, Superior Court, Screven County, Georgia. (Seal). Approved February 19, 1953. MURRAY TAX COMMISSIONER'S SALARY. No. 174 (House Bill No. 306). An Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner for Murray County (Ga. Laws 1933, pp. 635-637), and all Acts amendatory thereof, so as to increase the salary of tax commissioner of said county; to provide for referendum election for approval or disapproval of this Act. Be it enacted by the General Assembly of Georgia, and

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it is hereby enacted by authority of same: Section 1. That Section 8 of an Act creating the office of Tax Commissioner of Murray County (Ga. Laws, 1933, pp. 635-637) be amended as follows: By striking from said section as amended the words, shall be the sum of ($1800.00) one thousand eight hundred dollars per annum, payable $150.00 monthly, and in lieu thereof insert the words, shall be the sum of ($3000.00) three thousand dollars per annum, payable $250.00 monthly, the section when amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid that the compensation of the Tax Commissioner of Murray County for all duties performed by him as a receiver and collector of State, county, county wide, school tax, county school district tax and any and all other taxes shall be the sum of ($3000.00) three thousand dollars per annum, payable $250.00 monthly from the funds of said county, upon vouchers drawn as now provided for withdrawals of county funds. Compensation. Section 2. There is attached hereto, and made an integral part of this Act the affidavit of the publisher of the official newspaper of Murray County certifying that the notice of intention to apply for passage of this Act has been published as required by law. Section 2A. This Act shall not become effective until ratified by the qualified voters of the County of Murray. The ordinary of said county shall call a referendum election on a date to be determined by him not less than sixty days and not more than ninety days after the passage and approval of this Act for the purpose of ratifying or rejecting this Act and notice of such referendum election shall be published for at least three consecutive weeks prior to the date of such referendum election in the official organ of Murray County, Georgia. The ballot shall have printed thereon the words: () For Act increasing the salary of tax commissioner to $3,000 per annum, payable $250 monthly; and the words: () Against Act increasing the

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salary of tax commissioner to $3,000 per annum, payable $250 monthly. Said election shall be held under the same rules and regulations governing the election of members of the General Assembly where not in conflict herewith, and the results shall be ascertained, certified, and publicly proclaimed by the Ordinary of Murray County. If a majority of the votes cast in said election be for ratification of this Act, this Act shall become effective fifteen days from the date of the proclamation of the ordinary declaring the results of said election, but if a majority of the votes cast are against ratification, then this Act shall be null and void. The expense of such referendum election shall be borne by the County of Murray. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. 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, and that the sheriff's advertisements for Murray County are published in said paper; that the notice of local legislation to raise the salary of the Tax Commissioner of Murray County, a clipping of which notice is hereto attached, was published in said newspaper in the issues of December 11, 18 and 25, 1952, and January 1, 1953. /s/ Roy McGinty, Jr. Sworn to and subscribed before me, this 10th day of January, 1953. /s/ F. R. Kendrick, Clerk Superior Court, Murray County, Georgia. Notice of Legislation. Notice is hereby given that I will introduce a bill at

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the January session of the Georgia General Assembly to raise the salary of the tax commissioner from $150 per month to $250 per month, the raise to be effective January 1, 1953. Odell Ingle, Representative. Approved February 19, 1953. CHAMBLEE CHARTER AMENDMENTS. No. 175 (House Bill No. 325). An Act to amend the Act of 1935, approved March 28, 1935, found in Georgia Laws of 1935 at pages 976 to 994, inclusive, creating a new charter for the City of Chamblee, and to amend all Acts amendatory thereof, so as to authorize employment of a recorder to serve as a trial magistrate in the mayor's court of the City of Chamblee, to prescribe qualifications for such officer, fix compensation for the same, fix and regulate the duties of said office, and regulate the term of service of such officer, and to confer jurisdiction upon said officer; also to amend Section 15 of Article 1 of said Act of 1935, so as to authorize the collection of an increased sanitary tax in said 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, that an Act creating a new charter for the City of Chamblee, approved March 28, 1935, and found in Georgia Laws of 1935, at pages 976 to 994, inclusive, and all Acts amendatory thereof, be, and the same are, hereby amended as follows: Section 1. On and after the passage and approval of this Act, the Mayor and Council of the City of Chamblee shall have authority to employ a recorder to serve as a trial magistrate in the mayor's court of said City of Chamblee.

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When such recorder is so employed, his jurisdiction and authority shall be concurrent with that of the mayor and mayor pro tempore as authorized magistrates of said court, as judges and magistrates of said court, as prescribed by the charter of said municipality and the general laws of the State of Georgia. The mayor and council may from time to time prescribe by resolution how the work and duties of said recorder and others authorized to preside in said court may divide the work and duties among themselves. They may also designate who shall for any given time during their own terms be the chief magistrate, and confer upon him supervisory powers over the court and its and his assistants and associates in the court. Such recorder shall at all times hold his office subject to direction and control of the mayor and council, and subject to his term of employment being terminated at the will of the mayor and council. He shall receive such reasonable compensation, to be paid monthly from the general funds of the city, as the mayor and council may determine and fix. Recorder. Section 2. No person shall be eligible to hold the office of recorder, under the provisions of this Act, unless he or she be at least thirty (30) years of age, with continuous actual bona fide residence in DeKalb County for at least three years next preceding appointment to the office. He or she shall be of good moral character, and shall possess ample experience as a trial magistrate, or as a law enforcement officer, or in law enforcement work, or have legal training and experience, and sufficient general legal and general education to fully understand the nature of the work, and the duties of the office, and to understand the laws and ordinances to be enforced, and to be able to perform the duties of the office honestly, faithfully, efficiently, and with impartiality. Before entering upon the discharge of his duties after each appointment or re-appointment, he shall take and subscribe the following oath: I do in good faith claim that I am eligible under the law to hold the office of recorder in the City of Chamblee; and that I will truly and faithfully perform my duties as such officer to the best of my ability and according to the laws and ordinances under which I perform

Page 2449

said duties; I will in all cases undertake to act impartially, and to do justice in all respects; so help me God. Qualifications. Section 3. It shall be the duty of the mayor and council, before employing any person to act as recorder, to diligently inquire into the fitness and qualifications of all persons under consideration. And they may, if they deem it necessary, refer said matter to an attorney at law of their own selection to make examination of the applicants or persons under consideration, and report his findings and recommendations with respect to qualifications and fitness for the office. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that Section 15 of Article 1 of said Act of 1935 be, and the same is, hereby amended by striking therefrom the last clause which reads as follows: It shall have authority to levy a sanitary tax against the owner of each parcel of improved property within its limits which is improved with a dwelling or business structure, such tax not to exceed three ($3.00) dollars per annum for each dwelling or business place, or each unit of a dwelling or business place separately occupied as such, and inserting in lieu of the stricken part the following: Said municipality shall have authority to levy a sanitary tax against the owner of each parcel of improved real property within its limits which is improved with a dwelling or business structure, such tax not to exceed six ($6.00) dollars per annum for each dwelling, or separate unit occupied as a dwelling, and not to exceed twelve ($12.00) dollars per annum for each business place, or each unit occupied separately as a place of business, so that said Section 15 of Article 1 shall read as follows: Section 15. Said municipality shall have the power to construct, repair, and maintain such sewers, drains and disposal plants as shall be necessary for proper sanitation, to collect and dispose of garbage and refuse matter, and to contract for, license and regulate the collection and disposal of garbage and refuse matter. Said municipality shall have the power to pass all reasonable bylaws,

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ordinances and resolutions regulating said matters or in anywise appertaining thereto; said municipality shall have authority to levy a sanitary tax against the owner of each parcel of improved real property within its limits which is improved with a dwelling or business structure, such tax not to exceed six ($6.00) dollars per annum for each dwelling, or separate unit occupied as a dwelling, and not to exceed twelve ($12.00) dollars per annum for each business place, or each unit occupied separately as a place of business. Sanitary tax. Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Section 6. Attached hereto and made a part of this Act is the published notice of intention to apply for local legislation relating to the matters mentioned in this Act, with proof of publication, which is also made a part of this Act. 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, it being of general circulation and being the legal organ for the County of DeKalb, and who certifies on oath that legal notice, a true copy of which is hereto attached, being Notice of Local Legislation, was duly published once each week for three weeks, as required by law; said dates of publication being January 8, 15, and 22, 1953. He further says on oath that said newspaper is the one in which sheriff's advertisements in said county are published. /s/ W. H. McWhorter Sworn to and subscribed before me, this the 24 day of January, 1953. /s/ J. M. Harding, Notary Public, DeKalb County, Georgia.

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Notice of Local Legislation. Notice is hereby given that the Mayor and Council of the City of Chamblee will apply to the General Assembly of Georgia, at the January, 1953, session, to then amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935, found in Georgia Laws of 1935, pages 976 to 994, inclusive, and all Acts amendatory thereof, so as to authorize employment of a recorder to serve as a trial magistrate in the mayor's court of the City of Chamblee, prescribe his qualifications, and provide for compensation of said officer; also to amend Section 15 of Article 1 of said Act so as to authorize the collection of an increased sanitary tax; and for other purposes. This the 7th day of January, 1953. Mayor and Council of the City of Chamblee. Carl T. Hudgins, Attorney. Notice of Local Legislation. Notice is hereby given that the Mayor and Council of the City of Chamblee will apply to the General Assembly of Georgia, at the January, 1953, session to then amend and Act creating a new charter for the City of Chamblee, approved March 28, 1935, found in Georgia Laws of 1935, pages 976 to 994, inclusive, and all Acts amendatory thereof, so as to authorize employment of a recorder to serve as a trial magistrate in the mayor's court of the City of Chamblee, to prescribe his qualifications and provide for compensation of said officer; also to amend Section 15 of Article 1 of said act so as to authorize the collection of an increased sanitary tax, and for other purposes. This the 7th day of January, 1953. Mayor and Council of the City of Chamblee, Carl T. Hudgins, Attorney. 1-8-3t Approved February 19, 1953.

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GORDON COMMISSIONER'S COMPENSATION. No. 176 (House Bill No. 334). An Act to amend an Act creating the office of Commissioner of Roads and Revenue in and for Gordon County, Georgia, approved August 4, 1920 (Ga. Laws 1920, p. 541), as amended; to increase the compensation of the commissioner to five thousand dollars ($5,000.00) per year; to increase the annual traveling expenses of said commissioner to an amount not to exceed six hundred dollars ($600.00); to increase the compensation of the clerk of said commissioner to an amount not to exceed eighteen hundred dollars ($1800.00) per year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Sections 15 and 16 of an Act creating the office of Commissioner of Roads and Revenue in and for Gordon County, Georgia, approved August 4, 1920 (Ga. Laws 1920, p. 541), as amended, is hereby amended by striking Sections 15 and 16 of said Act, amended, in their entirety and by substituting therefor new Sections 15 and 16 to read as follows: Section 15. Be it enacted by the authority aforesaid that the compensation of said commissioner shall be five thousand dollars ($5,000.00) per annum, payable monthly at the end of each month. In addition to such compensation, the commissioner shall receive not to exceed six hundred ($600.00) per annum, for ordinary and necessary traveling expenses incurred by him outside the limits of Gordon County, or otherwise, when so traveling in the conduct of or in connection with the business affairs of said county, to be paid at the end of each month upon his itemized statement showing such expenses; provided, however, that said itemized statement shall first be approved by the ordinary of said county. All such payments shall be from the county treasury as aforesaid. Compensation of commissioner.

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Section 16. Be it further enacted by the authority aforesaid that the compensation of the person acting as clerk of said commissioner shall be increased to an amount not to exceed the sum of eighteen hundred dollars ($1,800.00) in the discretion of said commissioner per annum, payable monthly at the end of each month from the county treasury aforesaid. Of clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Gordon County. Notice is hereby given that the undersigned intends to introduce in the 1953 session of the General Assembly of Georgia, a local bill to provide for an increase in the compensation of the Commissioner of Roads and Revenues of Gordon County, Georgia, and for other purposes. This 10th day of November, 1952. Henry A. Mauldin, Representative, Gordon County. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry A. Mauldin, who, on oath, deposes and says that he is Representative from Gordon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times, which is the official organ of Gordon County, on the following dates: Dec. 1, Dec. 8, and Dec. 15. /s/ Henry A. Mauldin, Representative, Gordon County. Sworn to and subscribed before me, this 28 day of January, 1953.

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Mary J. Doster, Notary Public. Approved February 19, 1953. SAVANNAHLAND CONVEYANCE CONFIRMED. No. 177 (House Bill No. 336). 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. Whereas the Mayor and Aldermen of the City of Savannah acquired title on August 31, 1933, to the northern one-half () of Lot Four (4) Washington Ward, in the City of Savannah, Chatham County, Georgia, as a purchaser at public outcry of said real estate and improvements for taxes due The Mayor and Aldermen of the City of Savannah, and Whereas, thereafter on the 21st day of April, 1936, The Mayor and Aldermen of the City of Savannah received a quit-claim deed to said property and in exchange therefor the improvements were given to the owners of said property to be removed, and Whereas, the city did on the 3rd day of August, 1938, agree to the sale of said property to the late James A. Rourke, Savannah, Chatham County, Georgia, for the sum of seven hundred ($700.00) dollars, and Whereas, said sale was finally consummated on the 13th of February, 1939, and the deed for same filed for record on the 14th of February, 1939, in the clerk's office, Superior Court of Chatham County, Georgia, in Record Book 33 T's, folio 220; and

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Whereas, said purchaser entered into possession of said property and has held possession of same up until the time of his death and said property still remains a part of his estate; and Whereas, question has arisen as to the right of the city to have sold and deeded said property to said James A. Rourke who in good faith purchased said property; and Whereas, it is proper and necessary that title to said property under said deed be ratified and confirmed, Section 1. Therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the sale, conveyance, transfer and delivery of said property under the deed dated February 13, 1939, and recorded in the clerk's office of the Superior Court of Chatham County, Georgia, in Record Book 33 T's, folio 220, reading from The Mayor and Aldermen of the City of Savanah, a municipal corporation of the City of Savannah, Georgia, to James A. Rourke for the consideration of seven hundred ($700.00) dollars to to the property described as follows: All that certain lot, tract or parcel of land in the City of Savannah, Chatham County, Georgia, and known as the northern one-half of Lot Four (4) Washington Ward, which said northern one-half () of said Lot Four (4) is bounded on the north by Bay Street; on the east by Houston Street; on the south by the southern half of said lot; and on the west by Lot Three (3) said Ward; and fronting on Bay Street sixty (60[UNK]) feet, more or less, with a depth on Houston Street of forty-five (45[UNK]) feet more or less. be and the same is hereby ratified and confirmed; and Conveyance to James A. Rourke. Be it further enacted that said deed as set forth conveying said property to said James A. Rourke, his administrators, heirs and assigns, is hereby confirmed to said estate. Section 2. Be it further enacted that all laws or parts of laws in conflict with same be and the same are hereby repealed.

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There is hereto attached and made a part hereof a publisher's affidavit showing intention to introduce this bill as required by the Constitution of the State of Georgia and the laws thereon. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Herman Hexley 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 Special Notice. Notice is hereby given in accordance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945, and in accordance with the provisions of Section 47-801 of the Code of Georgia, that a bill will be introduced at the regular session of the General Assembly of Georgia, which will convene in the month of January, 1953, to be entitled An Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, amendatory thereof and supplementary thereto. This 12th day of December, 1952. /s/ Edward M. Hester, City Attorney for the Mayor and Aldermen of the City of Savannah. has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of Dec. 13-20-27, 1952. /s/ Herman Hexley.

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Sworn to and subscribed before me, this 5th day of January 1953. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Seal). Approved February 19, 1953. FORSYTH SHERIFF'S COMPENSATION. No. 178 (House Bill No. 333). An Act to proved that the County Commissioners of Forsyth County shall pay a monthly expense allowance of one hundred dollars ($100.00 to the sheriff of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. From and after the approval of this Act it shall be the duty of the Board of County Commissioners of Forsyth County to pay out of county funds an expense allowance of one hundred dollars ($100.00) per month to the Sheriff of Forsyth County. Said expense allowance shall be used by said sheriff to mitigate expenses incurred in connection with official duties. Expense allowance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Forsyth County. Before me, the undersigned officer, authorized by law to administer oaths, personally appeared James L. Reeves, who, on oath, says: He is associate editor of the Forsyth County News, a

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newspaper published in Cumming, Forsyth County, Georgia, in which sheriff's advertisements are published, and having a general circulation in said county. The attached notice relating to the introduction of a local bill affecting compensation of Sheriff of Forsyth County was published in said newspaper on December 11th, 18th and 25th, 1952. /s/ James L. Reeves Sworn to and subscribed before me, this 19th day of January 1953. /s/ Leon Beeling, N. P. Forsyth Co. Ga. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia, a local bill relating to the compensation of the Sheriff of Forsyth County, Georgia. This December 8, 1952. /s/ James A. Otwell, Jr., Representative, Forsyth County, Georgia. Approved February 19, 1953. SPRING PLACEALLEY CLOSING AUTHORIZED. No. 180 (House Bill No. 279). An Act to abolish that portion of the alley leading from the Carters Quarter Road (the new paved highway through the Town of Spring Place, Murray County, Georgia) east to Elm Street, a distance of one block, the same being without name, having been abandoned by traffic for approximately twenty years, being and lying immediately south of the residence and property

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of Chester Hannah, the said Chester Hannah owning the property on either side thereof and no other streets or alleys connecting with the same; to repeal conflicting laws to provide for a referendum election for approval or disapproval of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That portion of the alley leading from Carters Quarter Road (the newly paved highway leading through the Town of Spring Place, Murray County, Georgia) east to Elm Street, a distance of one block, the same being without name, having been abandoned by traffic for approximately twenty years, being and lying immediately south of the residence and property of Chester Hannah, the said Chester Hannah owning the property on either side thereof, and no other streets or alleys connecting therewith, be, and the same is hereby abolished. Alley. Section 2. That all laws or parts of laws conflicting herewith, be, and the same are hereby repealed. Section 2A. This Act shall not become effective until approved at an election to be called and held by the Mayor and Council of the Town of Spring Place, within sixty days and not later than ninety days after the passage and approval of this Act, the date to be determined by the Mayor and Council of the Town of Spring Place within said period of time. Such referendum election shall be under the provisions of the existing charter of the Town of Spring Place relative to elections not in conflict herewith. All of the qualified voters of the Town of Spring Place shall be entitled to vote at said election, and a majority of those voting at such election shall be required to allow this Act to become effective, and if so approved shall become effective fifteen days from the determination of the final results of said referendum election, and the Mayor and Council of the Town of Spring Place shall so certify and proclaim. If a majority of the voters voting in said referendum election shall vote against allowing this Act to become effective, the Mayor and Council of

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the Town of Spring Place shall so certify and proclaim and this Act shall not become effective. The ballots for such election shall have printed thereon the following words for those voters desiring to vote for this Act becoming effective: () For abolishing portion of alley leading from Carters Quarters Road, and the following printed words for those voters desiring to vote against this Act becoming effective: () Against abolishing portion of alley leading from Carters Quarters Road. Referendum. The expense of such referendum election shall be borne by the Town of Spring Place. Georgia, Murray County. I, J. Roy McGinty, Jr., hereby certify that I am the publisher of the Chatsworth Times, a newspaper of general circulation in Murray County, Georgia. That said newspaper 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, October 30, November 6 and 13, 1952, the following notice was printed in said Chatsworth Times. Notice of Local Legislation. This is to give notice that I will introduce a local bill in the legislature to abolish that portion of the alley leading from the Carters Quarter Road (the new paved highway leading through the Town of Spring Place, Murray County, Georgia) east to Elm Street, a distance of one block, the same being without name; having been abondoned to traffic for approximately twenty years, and being immediately south of the residence of Chester Hannah, the said Chester Hannah owning the property on either side thereof, no other streets or alleys connecting with the same. Respectfully, Odell Ingle

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In Witness Whereof, I have set my hand and affixed my seal, this 5th day of January, 1953. /s/ J. Roy McGinty, Jr. (L. S.) Sworn to and subscribed before me, this 5th day of January, 1953. /s/ F. R. Kendrick Clerk Superior Court, Murray County, Georgia. Approved February 19, 1953. DEKALB COUNTY LOCAL GOVERNMENT COMMISSION. No. 182 (House Bill No. 455). An Act to establish a commission in DeKalb County to study the governments of DeKalb County and the municipalities located wholly therein, for the purpose of improving local governments and to provide greater efficiency and economy; to provide that said commission may draft a plan or plans for such improvements to the governments of DeKalb County and said municipalities and alternate plans and submit same to members of the Georgia Assembly of DeKalb County; to provide for the organization and compensation of said commission; to provide for the publication of said plan or plans; to provide for appropriation of funds from DeKalb County for the operation of the commission; to provide for authority to accept donations and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. There is hereby created in DeKalb County a commission to study the problems of local government therein and in the municipalities located wholly therein.

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Said commission shall be known as the DeKalb County Local Government Commission, and is hereinafter referred to as the commission, and shall be composed of the following nine members: Commission. James W. Battle Louis W. Morris Norman E. Elsas C. F. Leasman B. B. Bishop C. S. Burgess Alton W. Langley Harry C. Walker Ray Chestnut Section 2. A majority of the persons serving as members of the commission shall constitute a quorum to do business but a less number may adjourn from time to time. The commission shall elect a chairman, a vice-chairman and a secretary-treasurer from its membership. The commission shall adopt, from time to time, such rules, regulations and modes of procedure as its deems expedient for the orderly dispatch of its business. The commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be furnished to the Commissioner of Roads and Revenues of DeKalb County. The first meeting of the commission shall be held at the time and place agreed upon by the commission, within thirty days after approval of this Act by the Governor. The Commissioner of Roads and Revenues of DeKalb County upon application by the commission shall provide suitable office space and meeting rooms for the commission. The commission shall fix the compensation of its members at an amount not exceeding ten dollars per diem and not exceeding one hundred twenty dollars for any one member during any calendar year. Meetings, compensation, etc. Section 3. Vacancies occurring on the commission through death, resignation or otherwise, shall be filled by appointment of the grand jury of DeKalb County empanelled at the time such vacancy occurs or if such

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grand jury fails to act, by the next succeeding grand jury. Vacancies. Section 4. It shall be the function and duty of the commission to make a study of the governments of DeKalb County and all municipalities located wholly therein and submit to the DeKalb delegation in the General Assembly of Georgia as hereinafter provided, a plan or plans for the improvement of such local governments. Duties. Section 5. The said commission shall have the power and authority to hold public hearings and any judge of the superior court, upon application signed by the chairman and secretary-treasurer of the commission, shall issue a subpoena for the attendance of any witness or the production of any books, papers or records. In making such study the commission is authorized to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of the county and municipalities, including the law departments, for such assistance. Said commission may employ such special, technical and clerical assistance as may be necessary to assemble the required data and information, to analyze the same and draft the plan or plans for submission of said plan or plans to the General Assembly as hereafter provided. The commission is authorized to enter into a contract with persons or agencies for providing any or all of the data and information required in carrying out the purposes of the commission. Hearings. Section 6. The official plan or plans when signed by a majority of the commission shall be filed by the commission with the Representatives of DeKalb County and the Senator of the 34th District in the General Assembly of Georgia, elected to serve in the next regular session of the General Assembly to be held following the adoption of such plan or plans, and with the Clerk of the Superior Court of DeKalb County, the Commissioner of Roads and Revenues of DeKalb County and the city clerks of each of the municipalities located wholly within DeKalb County. The commission shall provide for publication of a reasonable number of copies of its plan or plans for

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distribution. Any members disagreeing with the majority of the commission may file minority reports as to such plan or plans which shall be published and distributed along with the official plan or plans. The commission shall complete its work and file its final reports as provided herein not later than the first day of December 1954, but the commission may also file a partial report not later than the first day of December 1953. Plans. Section 7. There is hereby appropriated out of the DeKalb County funds derived from sources other than taxes, the sum of fifteen thousand dollars for the purpose of carrying out the purpose of this Act, which are declared to be administrative functions of county government. The commission shall adopt a budget and expenditures shall be made in accordance therewith, provided however that not more than seventy-five hundred ($7,500.00) dollars shall be expended by the commission during the year 1953 and not more than seventy-five hundred ($7,500.00) dollars shall be expended during the year 1954. Requisitions for funds shall be signed by the chairman and secretary-treasurer of the commission and shall be paid by the official in charge of county funds. Expenses. Section 8. The commission is authorized to accept donations in any form from any source and use the same in any way the commission may deem advisable to effectuate the aims and purposes of the commission. Donations. Section 9. It is hereby found, determined and declared that the creation of the commission and the carrying out of the purposes is in all respects for the benefit of the people of DeKalb County and municipalities located wholly therein and is a public purpose and that the commission will be performing an essential govermental function in the exercise of the power conferred upon it by this Act. Section 10. This Act, being for the welfare of the citizens of DeKalb County, and municipalities wholly within DeKalb County, shall be liberally construed to effect the purposes thereof.

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Section 11. The provisions of this Act are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 12. All laws and parts of laws in conflict with the Act are hereby repealed. Section 13. 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. January 29, 1953. 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 January 15, 22, 29, 1953. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 29th day of January, 1953. /s/ Gwendolyn B. Painter, Notary Public, DeKalb County, Georgia. My commission expires Feb. 3, 1954. (Seal).

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Copy of Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to apply to the 1953 session of the General Assembly of Georgia for the passage of local legislation, the title of such bill to be as follows: An Act, To establish a commission in DeKalb County to study the governments of DeKalb County and the municipalities located wholly therein, for the purpose of improving local governments and to provide greater efficiency and economy; to provide that said commission may draft a plan or plans for such improvements to the governments of DeKalb County and said municipalities and alternate plans and submit same to Members of the Georgia Assembly of DeKalb County; to provide for the organization and compensation of said commission; to provide for the publication of said plan or plans; to provide for appropriation of funds from DeKalb County for the operation of the commission; to provide for authority to accept donations and for other purposes. This the 15th day of January, 1953. /s/ W. H. McWhorter, /s/ Guy W. Rutland, Jr. /s/ Mel Turner, Representatives, DeKalb County, Ga. 1-15-3t Approved February 19, 1953. STATESBORO RECORDER'S COURT. No. 185 (House Bill No. 349). An Act to amend an Act creating a new charter for the City of Statesboro, approved August 17, 1912 (Ga.

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Laws 1912, p. 1331), as amended, so as to create a recorder's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Statesboro, approved August 17, 1912 (Ga. Laws 1912, p. 1331), as amended, is hereby amended by striking Section 30, relating to the mayor's court, in its entirety and substituting in lieu thereof a new section to read as follows: Section 30. There is hereby established a recorder's court for said city which shall be presided over by a recorder and which shall have jurisdiction of offenses against the laws and ordinances of said city. The recorder shall be compensated by the mayor and city council in an amount not to exceed six hundred ($600.00) dollars per annum to be paid in equal monthly installments. Said court shall have the power to preserve order; to compel the attendance of witnesses; to compel the production of books and papers to be used as evidence; to punish for contempt; to punish witnesses for non-attendance, and to punish all persons who shall counsel, advise, aid, encourage or intimidate a witness whose testimony is material or desired before said court. Said court shall have the power to enforce its judgment by inflicting such penalties as may be provided by the ordinances of said city. The punishment for any violation of a city law or ordinance, not otherwise provided in this Act, or by ordinance, and the punishment for contempt, shall be a fine not exceeding two hundred ($200.00) dollars, imprisonment in the city guardhouse or in the county jail by permission of the county authorities, for a period not exceeding ninety days, work on the street, or such other places where the offender may be lawfully placed at work under the provisions of this charter for a period not exceeding ninety days, one or more, or all of these punishments at the discretion of the court. A review of a decision of said court shall be by certiorari to the Superior Court of Bulloch

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County as provided by law for certiorari and other cases. Recorder's court. The chief of police is designated as clerk of said court, who shall attend all sessions and keep such records and documents for the use of said court as shall be required of him, and to keep and preserve order, to issue summons and subpoenas, and to do all and other things necessary or required by the recorder of said court. In the event of the absence or illness of the chief of police, then the acting chief of police is designated as clerk of said court during the absence of the chief of police. Said court shall begin to function upon the completion of the legal requirements setting up said court. Clerk. The Mayor and Council of the City of Statesboro shall elect a recorder, as soon as this amendment to the city charter is made a law, to serve during the fiscal years of 1953 and 1954, and thereafter said recorder shall be elected for a period of one year, at the first meeting of the mayor and city council for the fiscal years after which said recorder's term has expired. Said recorder shall be a citizen of Statesboro who has resided in said city for two years prior to his election, and shall be at least twentyone years of age, and a practicing attorney who shall have practiced law for two years before his election. Said recorder shall be subject to removal at any time by a vote of the majority of the mayor and city council. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the mayor and council. The recorder must be furnished with a copy of such charges and of the time when same will be heard, which must not be less than five days after a copy of such charges has been furnished him. Such hearing shall be public and the recorder shall have the right to be present thereat, and to call the witnesses he may desire in his own defense, but the action of the mayor and council in removing or in refusing to remove the recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the mayor and council.

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The city attorney may also be appointed recorder. In case of disqualification, illness, absence from the city or vacancy in the office of the recorder, the mayor or any one of the councilmen may act as recorder and have all the power and authority of recorder while acting as such. Recorder. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit Regarding Publication of Notice to Apply for Passage of Local Bill. Georgia, Bulloch County. Personally before the undersigned attesting officer appeared D. B. Turner who on oath says: That he is the publisher of the Bulloch Times and that said newspaper is the official organ of Bulloch County and the newspaper in which the sheriff's advertisements for said county are published; and, That the attached notice of intention to apply for passage of a local bill regarding the establishment of a recorder's court for the City of Statesboro was published once a week for more than three weeks during a period of sixty days immediately preceding the date that the General Assembly of Georgia convened, publication dates being December 11th, 18th and 25th, 1952. This affidavit is made as requested by Section 47-801 of the 1933 Code of Georgia as amended. /s/ D. B. Turner (L. S.) Sworn to and subscribed before me, this 17th day of January, 1953. /s/ Virginia K. Kern N. P. Georgia State at Large. (Seal).

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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, which is the 1953 session, for the passage of a local bill to amend Section 30 of the charter of the City of Statesboro, and to provide for the establishment of a recorder's court which shall have all powers now conferred on the mayor of said city under Section 30 of said city charter. This the 9th day of December, 1952. /s/ F. Everett Williams, /s/ A. J. Trapnell, Representatives from Bulloch County in the General Assembly of Georgia. (11dec4tc) Approved February 20, 1953. SOCIAL CIRCLE CHARTER AMENDED. No. 186 (House Bill No. 365). An Act to amend an Act approved August 4, 1904 (Ga. Laws 1904, p. 226), providing a new charter for the City of Social Circle, Georgia, and all acts amendatory thereof, so as to repeal certain provisions in said amended charter in regard to power of the mayor; to provide for the election of a recorder by the Mayor and Council of the City of Social Circle; to provide for the election, term of office, qualification and removal of said recorder; to fix the salary of said recorder; to define the jurisdiction, rights, powers and duties of said recorder's court, and what penalties may be imposed by it; to provide for substitution of said recorder's court for the mayor's court and to vest all powers of the mayor heretofore executed in reference to said court in the recorder's court; to provide for the transfer of cases pending in mayor's court at the time of the passage

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of this Act to the recorder's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act approved August 4, 1904 (Ga. Laws 1904, p. 226), providing a new charter for the City of Social Circle, Georgia, and all Acts amendatory therof, is hereby amended by striking the terms mayor, mayor's and mayor's court wherever the same shall appear therein in connection with the performance and operation of the mayor's court created by said Act and respectively substituting in lieu thereof the terms recorder, recorder's and recorder's court. Act of 1904 amended. Section 2. Section 27 of said Act is hereby stricken in its entirety and a new section to be known as Section 27 is hereby substituted in lieu thereof which shall read as follows: Sec. 27 amended. Section 27. The mayor, or in his absence the mayor pro tem., shall be the chief executive officer of said city. He shall see that the laws and ordinances of the city are executed. He shall have power to convene the council at any time, to preside over its meetings, but shall not vote except in case of tie. He shall have general jurisdiction of the affairs of said city; he shall have control of the police of said city, and may appoint special policemen whenever in his judgment it is necessary; and he shall have te same powers as a justice of the peace to witness and attest papers, to administer oaths and to issue criminal warrants. Mayor's powers and duties. Section 3. Section 29 of said Act is hereby stricken in its entirety and a new section to be known as Section 29 is hereby substituted in lieu thereof which shall read as follows: Sec. 29 amended. Section 29. (a) The office of recorder is hereby created in and for the City of Social Circle, Georgia, said recorder to be elected by the Mayor and Council of the

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City of Social Circle for a term of two (2) years, and until his successor is elected and qualified. Said recorder shall be elected at the first regular meeting of the Mayor and Council of the City of Social Circle, after the passage of this Act, to serve until their first meeting in January, 1955, and thereafter to be elected every two (2) years at their first meeting in January. Any male person who is a citizen and qualified to vote for the members of the General Assembly of the State of Georgia and the Mayor and Council of the City of Social Circle, Georgia, and of good moral character, shall be qualified to hold said office, except the mayor and members of council of the City of Social Circle, Georgia during their term of office. Said recorder may be removed by the mayor and council for misconduct or negligence pertaining to the duties of said office, as provided in cases of other officers of said city. Before entering upon the duty of recorder, he shall take the same oath as prescribed for mayor and councilmen, and shall receive as compensation for his service a sum to be fixed by the mayor and councilmen, but not less than twenty-five ($25.00) per month, and said compensation shall be paid monthly, as other salaries are paid by said city. Recorder. (b) Said recorder shall have the authority to administer oaths, to issue criminal warrants, and to be judge of the police court in and for said city for the trial and punishment of all offenders against the laws and ordinances of said city. He shall hold police court as often as may be necessary, and shall have power to preserve order, compel the attendance of witnesses, and compel the production of material, books, papers or documents to be used as evidence. (c) Upon conviction of any person for violation of any ordinance or laws of said city, said recorder may punish such persons by a fine not to exceed one hundred ($100.00) dollars, imprisonment not to exceed sixty days, by work on streets of said city not to exceed sixty days, and any one or more of said punishments may be ordered at the discretion of said recorder. Said recorder may fine for contempt not exceeding twenty-five ($25.00)

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dollars or twenty-five days imprisonment, or twenty-five days at work on streets of said city. (d) From the discretion of said recorder, or said recorder's court, imposing punishment or penalties for violation of such rules, regulations or ordinances of said city, there shall be no appeal, except by certiorari to the superior court of said county. In the absence or disqualification of the recorder, the Mayor of the City of Social Circle shall hold said court, and in the absence or disqualification of both the recorder and the mayor, the mayor pro tem., may hold said court. Section 4. Section 30 of said Act is hereby stricken in its entirety and a new section to be known as Section 30 is hereby substituted in lieu thereof which shall read as follows: Sec. 30 amended. Section 30. The mayor of said city, the consent of the council being first had and obtained, may commute, suspend, or remit any fine or other penalty imposed by said recorder or recorder's court when he believes that the ends of justice require it. Section 5. The recorder's court shall have all the authority heretofore vested by the aforesaid charter, as amended, in the mayor's court of said city, and all such powers heretofore vested in the mayor by said charter, as amended, is hereby repealed and the same vested in the recorder. All cases pending in the mayor's court at the time of the passage of this Act shall be transferred to the recorder's court. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Walton County: Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1953 session of the General Assembly of Georgia, the title of

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such bill to be as follows: An Act to amend an Act approved August 4th, 1904, providing new charter for City of Social Circle, Georgia, and Acts amendatory thereof, repealing certain provisions in said amended charter in regard to the power of the mayor, and so as to provide for the election of a recorder by the Mayor and Council of the City of Social Circle, providing for election, term of office, qualification and removal of said recorder and fixing his salary, defining the jurisdiction, rights, powers and duties of said recorder's court, providing for substitution of recorder's court for mayor's court and vesting all powers of the mayor heretofore executed in reference to said court in the recorder's court and providing for the transfer of cases pending in mayor's court at the time of passage of this Act to the recorder's court, and for other purposes. This 8th day of December, 1952. H. O. Godwin, City Attorney. Approved: Mayor and Council, City of Social Circle, Georgia. December 1st, 1952. (Dec. 10-17-24.) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Lee Phillips, who, on oath, deposes and says that he is Representative from Walton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune, which is the official organ of Walton County on the following dates: December 10, December 17, and December 24, 1952. /s/ John L. Phillips Representative, Walton County.

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Sworn to and subscribed before me, this 28 day of Jan., 1953. /s/ Frances Y. Read, Notary Public, Fulton Co. My commission expires Feb. 1, 1954. Approved February 20, 1953. COURT REPORTERS IN CERTAIN COUNTIES. No. 187 (House Bill No. 364). An Act to amend an Act, approved March 9th, 1945, entitled An Act to provide for the appointment of stenographic reporters in counties having a city therein of not less than 65,000, nor more than 95,000, inhabitants, according to the United States census of 1940, or any future census, to define their duties, fix their compensation, and for other purposes, as amended by Georgia Laws 1949, p. 1662, by striking from Section 1 of said Act the language, having therein a city with a population of not less than 65,000 nor more than 95,000, according to the census of 1940, or any future census, and inserting in lieu thereof the language, having therein a city with a population of not less than 71,000 or more than 75,000, according to the United States census of 1950, or any future census, and by further amending said Act, approved March 9th, 1945, as amended by Georgia Laws, 1951, approved February 21, 1951, so as to strike Paragraph 4 of said amended Act, approved February 21, 1951, reading: (page 749 Ga. Laws 1951), Section 4. Be it further enacted that said stenographer or reporter shall be paid $287.50 per month out of the county treasury for all services required of him under the provisions of this Act; be striken from said Act as amended, and a new section to be numbered Section 4, to be substituted in lieu thereof, so that Section 4 as amended shall read as follows:

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Section 4. Be it further enacted that said stenographer or reporter shall be paid $309.00 per month out of the county treasury for all services required of him under the provisions of this Act. Compensation. Section 5. Provided, however, that any of the provisions of this Act to the contrary notwithstanding, the salary increase provided for in the provisions of this Act shall not take effect until they shall have been approved by the board of commissioners of roads and revenues of the counties set out in this Act. Should said board in any county covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said counties shall remain of force and effect. Section 6. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 20, 1953. ASSISTANT SOLICITOR-GENERALCOMPENSATION IN CERTAIN COUNTIES. No. 188 (House Bill No. 370). An Act to amend an Act of the General Assembly of Georgia of 1890-91 (Ga. Laws 1890-91, p. 223) providing for the appointment of a special criminal bailiff in counties having a population of more than 20,000 or more, as amended by the General Assembly of Georgia of 1929 (Ga. Laws, pp. 177-179, and 179-182), providing for the salary of said special criminal bailiff in counties having a population of not less than 70,000 and not more than 90,000, as amended by the General Assembly of Georgia 1937 (Ga. Laws, pp. 790-91-92), providing that in counties having a population according to the United States, census of 1930, or any future United States census, of not less than 70,000 and not

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more than 80,000 there shall be an assistant solicitor-general in lieu of said special criminal bailiff, and providing for the salary and for the oath, duties and qualifications for such office, by providing that in counties having a population, according to the United States census of 1940 or any future United States census, of not less than 81,000 and not more than 83,775, as amended by the General Assembly of Georgia 1943 (Ga. Laws, pp. 1137-1140), by increasing and providing that the salary of the said assistant solicitor-general be increased at a certain amount per month each month and for other purposes, as amended by the General Assembly of Georgia 1945 (Ga. Laws, pp.1148-49-50), by increasing and providing that the salary of the said assistant solicitor-general be increased at a certain amount per month each month and for other purposes; as amended by the General Assembly of Georgia of 1949 (Ga. Laws, pp. 2089-90-91-92) by providing that in counties having a population according to the United States census of 1950 or any future United States census of not less than 108,000 and not more than 112,000, by increasing and providing that the salary of said assistant solicitor-general be increased at a certain amount per month each month, and for other purposes; as amended by the General Assembly of Georgia 1951 (Ga. Laws, pp. 632-633-634-635), by increasing and providing that the salary of the said assistant solicitor-general be increased at a certain amount per month each month and for other purposes; so as to strike the figures $375.00, and insert in lieu thereof the figures $393.75, wherever they appear in said Act, and so as to strike the words, three hundred and seventy-five dollars and insert in lieu thereof $393.75, wherever they appear in said Act. Section 1. Be it enacted by the General Assembly of Georgia that the Act of the General Assembly of Georgia appearing in the Georgia Laws, 1951, pages 632-633-634-635, inclusive, which provides for the compensation of the assistant solicitor-general and for car allowance is hereby amended by striking from Section 1 thereof the words three hundred and seventy five dollars wherever

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they appear, and the figures $375.00 wherever they appear and inserting in lieu of the words stricken $393.75, and inserting in lieu of the figures so stricken $393.75, and by also striking from Section 1 thereof the figures and words that in all counties of this State having a population according to the United States census of 1940, or any future United States census, of not less than 81,000 and not more than 83,000, and inserting in lieu thereof; that in all counties of this State having a population according to the United States census of 1950, or any future United States census, of not less than 108,000 and not more than 112,000 so that said section, when amended, shall read as follows, to wit: Sec. 1, Act of 1951, amended. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act of the General Assembly of Georgia 1890-91, to wit: Georgia laws 1890-91, pages 223, the same providing for the appointment of special criminal bailiffs in counties of this State having a population of twenty thousand (20,000) or more, and the amendments to said Act by the said General Assembly of Georgia of 1929, to wit, Georgia Laws, 1929, pages 177-179 and 179-182, providing for the salary of said special criminal bailiffs in counties having a population according to the United States census of 1920, or any future United States census of not less than seventy thousand (70,000) and not more than ninety thousand (90,000), be and the same are hereby amended by adding the following provisos: Provided, however, that in all counties of this State having a population according to the United States census of 1930, or any future United States census, of not less than seventy thousand (70,000) and not more than eighty thousand (80,000), the solicitor-general may appoint with the approval of the judge of the superior court of the circuit wherein the county of the appointment is situate, an assistant solicitor-general; the said assistant solicitor-general to be subject to removal by the solicitor-general with the approval of the judge of the superior court for misconduct in office or other sufficient cause, to be judged of by them, said assistant solicitor-general shall be appointment (sic) as aforesaid, in

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lieu of the special criminal bailiff hereinbefore provided, and no other investigation (sic), of assistant shall be employed by the solicitor-general in the county of the said assistant solicitor-general's appointment, said assistant solicitor-general when appointed and before assuming the office, shall take the same oath of office, in substance, as is prescribed for solicitors-general in this State. The duties of the said assistant solicitor-general shall be to assist the solicitor-general in the performance of his duties in the county of the assistant solicitor-general appointment, and to act therein for the solicitor-general in the case of his absence, sickness or otherwise; the said assistant solicitor-general to act as a special investigator in preparing all criminal business pending in the superior court in the county of said assistant's appointment. The salary of the said assistant solicitor-general shall be fixed by the county commissioners of said county, but shall not be less than $393.75 dollars per month, to be paid monthly out of the county treasury of the county of said assistant's appointment, Provided, however, that in all counties of this State having a population according to the United States census of 1950, or any future United States census, of not less than 108,000 and not more than 112,000, the salary of the said assistant solicitor-general shall be $393.75 dollars per month to be paid monthly out of the county treasury of the county of said assistant solicitor-general's appointment, and he shall be entitled to be paid monthly out of the county treasury of such county the sum of fifty ($50.00) dollars per month for car allowance so long as he uses his car in connection with his office. Assistant solicitor-general. Salary. Section 2. Provided, however that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the board of commissioners of roads and revenues of the counties set out in this Act. Should said board in any county covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said counties shall remain of force and effect.

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Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict, whether general or special Acts, are hereby repealed; and provided further that this Act shall be construed as becoming effective as of January 1, 1953, and if any part of this Act shall be declared unconstitutional or invalid, it shall not affect the remaining portion thereof. Approved February 20, 1953. SOLICITOR-GENERAL'S COMPENSATION IN CERTAIN COUNTIES. No. 189 (House Bill No. 369). An Act to amend an Act entitled An Act to change from the fee system to the salary system in certain counties in Georgia having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants according to the United States census of 1950 and any subsequent census, the clerk of the superior court (whether he be clerk of the superior court or exofficio clerk of another court of courts;) the sheriff, the ordinary, the tax collector, the tax receiver, and the treasurer; to make provisions regulating the carrying out of such charges; to regulate the collection and disposition of costs; to provide for deputies, clerks or other employees of such officers; to provide for lump sum allotment of specified sums to pay deputies clerks or other employees of such officers; to provide for the payment of salaries and compensation of county officers; to provide for a county attorney and to fix his compensation in such counties; to provide for furnishing the sheriffs of such counties with automobiles necessary for carrying on the work of his office and for the operation and maintenance of the same; to provide for the necessary office expense of such officers and employees; to provide that no additional compensation shall be paid to the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of another court

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or courts), the sheriff, the ordinary, the tax collector, the tax receiver, and the treasurer, except as to legitimate expenses authorized by the board of commissioners of roads and revenues; to authorize transfer of any deputy clerk or other employee from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of such county officers, deputies, clerks, or other employees of such officers, and the county attorney from the treasury of such county and for the disbursement thereof by the respective officers to their employees; to abolish county police in such counties except as shall be done through the sheriff's office to fix the compensation of the members of the board of roads and revenues of such counties; to fix the salary of the county attorney of such counties; to denominate the county attorney as an employee of such counties within the provisions of any laws dealing with the employees; to repeal all conflicting laws or parts of laws; and for other purposes. So as to include in said Act a provision authorizing such counties to pay additional compensation to the solicitor-general, the circuit of which said county is located a salary in addition to the salary paid him by the State and for other purposes, as amended by General Assembly of Georgia 1951 (Ga. Laws, pages 742, 743, 744), by increasing and providing that the salary of the solicitor-general be increased at a certain amount per year and for other purposes; so as to strike the figures $6,810.00 and insert in lieu thereof the figures $7,150.50 per annum wherever they appear in said Act. 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 provisions of this Act shall apply to all counties in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 110,000 inhabitants according to the United States census of 1950 and any subsequent census and all counties of this State having a population of not less than 100,000 inhibitants and not more than 110,000 inhabitants shall

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immediately and automatically pass under the terms of this Act. Counties where applicable. Section 2. Be it further enacted by the authority aforesaid that in all such counties the additional compensation paid to the solicitor-general of the circuit in which said county is so located from the county funds of said county, the sum of $7,150.50 per annum payable in equal monthly installments. Solicitor-General's compensation. Section 3. Provided, however, that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the board of commissioners of roads and revenues of the counties set out in this Act. Should said board in any county covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said counties shall remain of force and effect. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict, whether general or special Acts, are hereby repealed; and provided further that this Act shall be construed as becoming effective as of January 1, 1953, and if any part of this Act shall be declared unconstitutional or invalid, it shall not affect the remaining portions thereof. Approved February 20, 1953. COMPENSATION OF SUPERIOR COURT REPORTER IN CERTAIN COUNTIES. No. 190 (House Bill No. 363). An Act to provide in all counties of the State of Georgia, having a population under the 1950 United States census or any subsequent United States census of not less than 100,000 inhabitants nor more than 110,000 inhabitants, the fixing of the salaries of the court reporter of

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the superior court; and to require the payment of such salaries from the treasury of such counties as a part of the court expenses of such counties; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. From and after the passage of this Act, in all counties of this State having, under the 1950 United States census or any subsequent United States census, a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants, the salary of the stenographer or court reporter to the superior court in such counties shall be fixed at $262.50 per month. Section 2. Be it further enacted by the authority aforesaid that all such salaries shall be paid from the county treasuries of such counties as part of the court expenses of such counties. 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 20, 1953. LINCOLN COMMISSIONERS. No. 191 (House Bill No. 352). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lincoln County, approved February 25, 1949 (Ga. Laws 1949, p. 1228), so as to change the road districts of Lincoln County; to provide that the person who desires to be chairman of the board of commissioners must designate that he is offering for chairman in the election; to increase the compensation of the chairman; to provide for an effective

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date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Lincoln County, approved February 25, 1949 (Ga. Laws 1949, p. 1228), is hereby amended by striking Section 2, relating to road districts, in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Sec. 2, Act of 1949, amended. Section 2. That for the purpose of this Act the said County of Lincoln shall be divided into two road districts to be constituted as follows: Road District No. 1 to be composed of Lincolnton, Sybert, Goshen and White Plains Militia Districts. Road District No. 2 to be composed of Parks, Samuels, Salem and Shady Hill Militia Districts. Road districts. Section 2. Said Act is further amended by striking Section 3, relating to the chairman of the board, in its entirety and inserting in lieu thereof a new Section 3 to read as follows: The chairman of the board shall receive a salary from the general funds of said county in the sum of two hundred ($200.00) dollars per month. Said chairman shall be the road superintendent of said county and it shall be his responsibility to supervise all road work and see that all orders of the board are put into effect. Said chairman shall, during his term of office, devote his full time to said position. Chairman. Section 3. Said Act is further amended by striking Section 9, relating to election of members of the board, in its entirety and inserting in lieu thereof a new section to read as follows: Sec. 9 amended.

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Section 9. One commissioner shall be elected from each of the two road districts provided for and must be a resident of the road district from which he offers for election. The members of the board from the road districts shall be voted upon and elected by the voters of the entire county. One member of the board shall be elected from the county at large without reference to road districts, and such member shall be the chairman of the board. When offering for election, any person desiring to offer for chairman of the board shall so designate and the person receiving the highest number of votes of those persons who have designated that they were offering as chairman shall be elected chairman of the board. The chairman shall be voted upon and elected by the voters of the entire county. Election. Section 4. The persons presently serving as members of the board shall serve until the expiration of their term of office and shall continue to serve the three respective road districts from which they were elected. At the election in 1956, the persons shall be elected as members of the board under the procedure provided for in this Act and shall take office January 1, 1957. All future elections shall likewise be governed by the provisions of this Act. The provisions of Section 2 of this Act shall go into effect immediately upon the passage and approval of this Act by the Governor, or its otherwise becoming a law. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Address: Post Office Building, Savannah, Georgia. Notice of Local Legislation. Notice is hereby given that at the forthcoming session of the General Assembly that I will offer amendments to Act creating the county commissioner form of government for Lincoln County, to designate the chairman of the board, and further to define the manner in which board members and the chairman of the board are to be elected in the future; providing therein that candidates

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for membership shall offer as such candidates, and that candidates for chairman of the board shall offer for election a such candidate, and also providing compensation for the chairman and members of said board of commissioners. This public notice is given in accordance with the Constitution and Laws of the State of Georgia with reference to Local Legislation. /s/ John P. Drinkard, Representative-Elect Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Drinkard, who, on oath, deposes and says that he is Representative from Lincoln County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lincoln Journal, which is the official organ of Lincoln County, on the following dates: January 8, January 15, and January 22, 1953. /s/ John Drinkard, Representative, Lincoln County. Sworn to and subscribed before me, this 28 day of January, 1953. /s/ Janette Hirsch, Notary Public. (Seal). Approved February 19, 1953. CHATHAM PENSION SYSTEM. No. 192 (House Bill NO. 372). An Act to amend An Act to authorize and empower the Commissioners of Chatham County and Ex-Officio

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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 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, contained in the Acts of 1937, pages 1273 to 1282, and the Acts amendatory thereof, by making judges eligible to pensions, including the Judge of the City Court of Savannah and the Judges of the Municipal Court of Savannah and the chairman of the county commissioners; to provide for the amount of such pensions and the terms and qualifications 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 aforesaid that that certain Act contained in the Acts of 1937, pages 1273-1282, be amended and is hereby amended by adding a new class of eligible persons, said new class to consist of the Judges of the Municipal Court of Savannah and the Judge of the City Court of Savannah, and the Chairman of the Board of County Commissioners of Chatham County, all of whom henceforth are to be deemed eligible to be granted pensions. Section 2. Be it further enacted by the authority thereof that all Judges of the Municipal Court of Savannah and of the City Court of Savannah who have attained the age of seventy years and have served twenty years as a Judge of either the Municipal Court of Savannah or the City Court of Savannah or who, regardless of age, shall have been in the service for thirty years as a Judge of the Bench of the Municipal Court of Savannah and the City Court of Savannah (including service in both courts in the computation of such period of service) and who is still

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in service as such judge, shall be eligible to retire at his pleasure and upon such retirement shall be eligible to receive as a pension the amount prescribed by law allowed to him under such provisions prescribing salaries for the Judges of the City Court of Savannah and Municipal Court of Savannah. Provided, however, the amount of such pension shall not exceed the maximum prescribed by existing law for employees and officials of Chatham County at the time of such Judge's retirement. Judges of Municipal Court of of Savannah or City Court of Savannah. Section 3. Be it further enacted by the authority aforesaid that a Chairman of the Chatham County Commissioners who shall have served as a county commissioner of Chatham County, including in the computation of such period of service, his years of service as Chairman of the Board of the County Commissioners of Chatham County, and who has been in service for twenty-five (25) years, and who is still in service as such chairman of the board, shall be eligible to retire at his pleasure and shall be eligible to receive the amount of his salary prescribed by law allowed to him under the provisions of the law prescribing the joint salary for the Chairman of the Board of the County Commissioners of Chatham County and other compensation as commissioner. Provided, however, the amount of such pension shall not exceed the maximum prescribed by existing law for employees and officials of Chatham County at the time of such chairman's retirement. Chairman of county commissioners. Section 4. Be it further enacted by the authority aforesaid that the Judge of the City Court of Savannah, the Judges of the Municipal Court of Savannah and Chairman of the Board of County Commissioners of Chatham County shall each, from and after the passage of this Act contribute two percent of his regular monthly salary, computed upon the amount paid by Chatham County, to the pension fund of said county from the date of the Pension Act of the General Assembly approved March 29, 1937, but if any one of them were employed since said Pension Act of 1937 was approved then they shall only pay from the time of their employment, but in no event shall any one be required to pay more than $10.00

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a month to the pension fund. Contributions. Section 5. Be it further enacted by the authority aforesaid that excepting as is herein contained, all of the provisions of all previous Acts including the provisions of the Act of 1937, pages 1273-1282, dealing with pensions for employees and officials of Chatham County, shall apply to the class of pensioners herein added as a new category. Section 6. There is attached hereto and made a part hereof a publishers affidavit showing that the intention to introduce this bill has been advertised as required by the Constitution of the State of Georgia and the laws thereof. 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 has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of Jan. 2-9-16, 1953. /s/ Herman Exley Sworn to and subscribed before me, this 17th day of January, 1953. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Seal). Special Notice. Notice is hereby given in accordance with the provisions

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of Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945, and in accordance with the provisions of Section 2-1915 of the Code of Georgia, that a bill will be introduced at the session of the General Assembly of Georgia which will convene in the month of January, 1953, to be entitled, An Act to amend an 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,' contained in Acts of 1937, pages 1273 to 1282, and the Acts amendatory thereof, by making judges eligible to pensions, including the Judge of the City Court of Savannah, the Judges of the Municipal Court of Savannah, and the Chairman of the County Commissioners; to provide for the amount of such pensions and the terms and qualifications thereof; and for other purposes. /s/ Lillian E. Grotheer, Clerk, C. C. C. Approved February 19, 1953. ATLANTA CHARTER AMENDMENTS. No. 193 (Senate Bill No. 66). 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.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are hereto attached and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. If any ad valorem tax or portion of ad valorem tax is not paid at the time prescribed by ordinance, execution shall be issued for the entire tax or the unpaid balance of the entire tax on December 1st and shall bear interest from said date, provided, however, if December 1st of any year shall fall on Sunday, then the fi.fa. shall be dated December 2nd. Tax executions. Section 3. The Mayor and General Council of the City of Atlanta are authorized to sell to the City of Hapeville the galvanized elevated tank, located in that city, the price and terms of which shall be fixed by the Mayor and General Council and by agreement with the City of Hapeville. Sale of tank. Section 4. The mayor and general council, by appropriate ordinance or resolution, may lease to the Atlanta Transit Company property located in the City of Atlanta on Green Street, which was formerly a part of the waterworks property and is now under lease to the Georgia Power Company. They shall likewise have the power to approve the transfer of the existing lease from the Georgia Power Company to the Atlanta Transit Company. Lease. Section 5. The mayor and general council may, by

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ordinance, require all plans and specifications for street, sewer and storm water installations and improvements in subdivisions to be submitted to and approved by the Chief of Construction of the City of Atlanta, and may, notwithstanding any other provisions of the charter, as amended, provide suitable and sufficient supervision to enforce any such regulation. All such installations and improvements shall be made strictly in conformity with such approved plans and specifications and not otherwise. Subdivisions. Section 6. There is hereby created the position of planning engineer, who shall be the chief executive officer of the department of planning commission and, as such, shall be the appointing authority and shall appoint, subject to the civil service regulations of this charter, all the employees of that department and shall have all the powers and all the authority assigned to the appointing authority in connection with the civil service provisions of this charter and the ordinances relating thereto. He shall be held responsible for the efficient operation of the department of planning commission. It shall be his duty to assign all employees in that department to their respective duties and to make such changes from time to time in the assignment of duties as he may deem proper to promote the efficient operation of the department. Planning engineer. Section 7. The said planning engineer shall be in charge of the maps, records and papers relating and appertaining to planning and shall be responsible for their safe keeping and as such may certify copies thereof. A certificate may relate to portions of any record that he may have filed in his office. He shall have such other and further duties as may be fixed by ordinances of the City of Atlanta. Section 8. The term of office of the planning engineer shall be four (4) years. The planning engineer in office at the time of the approval of this Act shall continue to the expiration of his term. His successors in office shall be elected by the general council, upon nomination of the mayor, the first Monday in May preceding the

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expiration of the term, and on the first Monday in May quadrennially thereafter. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 20, 1953. ORDINARY'S CLERK AND ASSISTANTS IN CERTAIN COUNTIES. No. 194 (House Bill No. 377). An Act to amend an Act changing certain county officers in counties of a certain population from the fee to the salary system, approved February 14, 1950 (Ga. Laws 1950, p. 2389), so as to change the compensation of the clerk of the court of ordinary and the deputy clerk-stenographer of the ordinary; to provide that the ordinary may appoint his deputy clerk-stenographer; to provide that the salary changes made herein may be changed by the county commissioners before the first meeting in January; to provide that this amendment shall apply in all counties which have adopted the provisions of this Act and who shall subsequently come under the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act changing certain county officers in counties of a certain population from the fee to the salary system, approved February 14, 1950 (Ga. Laws 1950, p. 2389), is hereby amended by striking the provisions of Section 6, relating to the salaries of the employees in the ordinary's office, and inserting in lieu thereof a new Section 6 to read as follows: Sec. 6, Act of 1950, amended.

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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 $2400 nor more than $3600, payable in equal monthly installments; the ordinary may appoint one additional employee as follows: 1 deputy clerk-stenographer, whose annual salary shall be not less than $1800 nor more than $2400 per annum, payable in equal monthly installments. Ordinary's deputies and assistants. All of whom shall be named from time to time by the ordinary, 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 2. The salary changes provided in this Act may be made by the county commissioners prior to their first meeting in January of the year 1954 without regard to the provisions of Section 14 of said Act of 1950. Section 3. The provisions of this Act shall apply to all counties which have adopted the provisions of said Act of 1950 and shall likewise apply to all counties which subsequently come under the provisions of said Act as amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: Notice is hereby given that there will be introduced in the General Assembly of Georgia, at the 1953 session, a bill to amend an Act of the 1950 session of the General Assembly of Georgia, being House Bill No. 362, pages 223-89 of said session. Said Act having been approved February 4, 1950, wherein salaries are provided for certain county officers. The effect of said bill to amend Act

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will be to provide for the employment of a clerk and a stenographer for the Court of Ordinary of Floyd County, Georgia, and to provide salaries therefor. This notice is given in compliance with Article III, Section XIV, Paragraph XV of the Constitution of Georgia, of 1945. /s/ Clayton H. Hollingsworth, Jr. Ordinary, Floyd County, Ga. Jan. 6, 13, 20. January 23, 1953. To Whom It May Concern: This is to certify that the advertisement attached hereto was printed in the following issues of the Rome News-Tribune: January 6, 1953; January 13, 1953; January 20, 1953. The Rome News-Tribune is the newspaper in which the Sheriff's advertisements for this locality are published. /s/ James F. Warren, Vice-President. Sworn to and subscribed before me, this 23rd day of January, 1953. /s/ Leatha Davenport, Notary Public. (Seal). Approved February 20, 1953. IRWIN TAX COMMISSIONER. No. 195 (House Bill No. 384). An Act to abolish the office of Tax Receiver and Tax Collector of Irwin County, Georgia, and create the office of Tax Commissioner of Irwin County, Georgia; to

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prescribe the term of office, qualifications, the manner of election and commissioning, the amount of bond, salary, powers and duties of said tax commissioner; to provide the manner and time of filling vacancies in the office of tax commissioner; to provide for the levy of a tax to pay the salary of said tax commissioner; to provide for a referendum; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That the offices of Tax Receiver and Tax Collector of Irwin County, Georgia, shall be abolished upon and after January 1, 1957, and the duties of the two offices aforesaid shall be consolidated into one office upon and after said date. Section 2. That the office of County Tax Commissioner of Irwin County, Georgia, is hereby created in lieu of said offices when and after they are abolished as provided above, and the rights, duties, and liabilities of the said office of County Tax Commissioner of Irwin County shall be the same as the rights, duties, and liabilities of the tax receiver and tax collector of said county, so far as the same are applicable. Tax commissioner. Section 3. That said tax commissioner shall hold office for a term of four years; the first term beginning January the first, 1957, and ending December the thirtyfirst, 1960. Term. Section 4. That said tax commissioner shall be elected at the general election for county officers in the year 1956 and at the general election for county officers each four years thereafter, in the same manner, time, and place as clerks of the superior court are elected. Election. Section 5. That if a vacancy for any cause occurs in said office of tax commissioner, it shall be filled in the following manner: (a) If said vacancy occurs within six months of the

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expiration of the existing term, the County Commissioners of Irwin County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of said term, and the person so appointed shall be commissioned and qualified as by law clerks of the superior court are commissioned and qualified, and shall receive the pro rata part of the compensation accruing to said office for the time so appointed. Vacancy. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the County Commissioners of Irwin County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office until a tax commissioner is elected, and it shall be the duty of the Ordinary of Irwin County to call a special election for the election of a tax commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs; and the ordinary shall give notice of the date of said election by publication thereof in a public gazette published in Irwin County, and thirty (30) days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessors. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office for the time he serves. Section 6. That the compensation of the County Tax Commissioner of Irwin County, Georgia, shall be a salary of thirty-six hundred dollars ($3600.00) per annum, payable monthly. Compensation. The Tax Commissioner of Irwin County, if he deems it necessary that he have additional help from time to time to aid and assist him in performing his duties as such tax commissioner, that he shall first get the approval of the board of county commissioners, and upon the approval of said board, they shall be authorized to fix the compensation for said additional help and shall be authorized to

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pay said help from the general funds of the county. Assistance. Section 7. That said county tax commissioner shall be commissioned and qualified as the clerks of superior court are. Section 8. That before entering upon the duties of his office the said county tax commissioner shall take the oaths now prescribed by law for tax receivers and tax collectors, and shall give bond in an amount to be fixed and determined by the county commissioners of said county, which should be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bond shall be paid out of the funds of Irwin County, Georgia, as part of the expenses of county government. Bond. Section 9. That all taxes that are due and payable at the time said county tax commissioner assumes office as such, and all fi. fas. theretofore issued by the Tax Collector of Irwin County, Georgia, shall have full force and effect, and be collectible as issued. Section 10. That all fees, commissions, and all other compensation allowed to the Tax Receiver and Tax Collector of Irwin County, Georgia, at the time this Act becomes effective or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said county tax commissioner and paid into the treasury of Irwin County, Georgia. The Board of County Commissioners of Irwin County, Georgia, are hereby authorized and empowered to levy a tax to pay the salary of the tax commissioner, such salary to be paid in the same manner as the salaries of other county officers. Fees and commissions. Section 11. That said county tax commissioner shall be vested with the powers and shall perform each, every, and all duties now required by law of both the Tax Receiver and Tax Collector of Irwin County, Georgia, and in the manner prescribed by law; and shall be subject to all the pains and penalties, and have all the powers and

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privileges of said two offices and officers. Section 12. At the same time of holding the next general election for the Members of the General Assembly, the Ordinary of Irwin County shall issue a call for an election for the purpose of submitting this Act to the voters of Irwin County for approval or rejection. The date and purpose of this election shall be published once a week for two weeks prior to the date thereof in the official organ of Irwin County. The ballot shall have printed thereon the words: For approval of the Act abolishing the Tax Receiver and Tax Collector of Irwin County and creating the office of Tax Commissioner of Irwin County. and Against approval of the Act abolishing the Tax Receiver and Tax Collector of Irwin County and creating the office of Tax Commissioner of Irwin County. Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Irwin County. It shall be the duty of the ordinary to canvass the returns and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To The People of Irwin County: In the General Assembly of Georgia, now in session, a bill will be introduced to provide for the abolition of the office of County Tax Receiver and the office of County

Page 2500

Tax Collector of Irwin County, and the creation instead of the office of tax commissioner of said county, to be subject to a referendum by the people of the county, and to become effective with the expiration of the terms of office of the present Tax Receiver and Tax Collector. This January 12, 1953. /s/ H. L. Layton, Representative, Irwin Co., Ga. 3tJ 15-22-29. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. L. Layton, who, on oath, deposes and says that he is Representative from Irwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star, which is the official organ of Irwin County, on the following dates: January 15, 1953, January 22, 1953, and January 29, 1953. /s/ H. L. Layton, Representative, Irwin County. Sworn to and subscribed before me, this 29 day of January, 1953. /s/ A. A. Boggus Notary Public My com. expires Sept. 1957. (Seal). Approved February 20, 1953.

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FINES AND FORFEITURESDISTRIBUTION IN CERTAIN COUNTIES. No. 196 (House Bill No. 374). An Act to amend an Act providing for the disposition of fines and forfeitures in counties having a population of not less than 6,700 nor more than 6,740 inhabitants, according to the 1950 United States census and any future United States census, approved February 12, 1951 (Ga. Laws 1951, p. 96), so as to provide that the clerks of the superior courts of such counties shall receive annual salaries to be paid out of their county treasuries in lieu of divisions of certain fees as provided for in said Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act providing for the disposition of fines and forfeitures in counties having a population of not less than 6,700 nor more than 6,740 inhabitants, according to the 1950 United States census and any future United States census, approved February 12, 1951 (Ga. Laws 1951, p. 96), is hereby amended by striking from Section 1 of said Act the second paragraph of the subsection entitled Fines and Forfeitures arising from Criminal Cases in the Superior Courts: and inserting in lieu thereof the following: 2nd. All the balances of the fines and forfeitures arising from said superior courts in such counties shall be paid one-half into the county treasuries and one-half to the sheriffs of such counties. The clerks of the superior courts of such counties shall receive, in lieu of any part of the fines or forfeitures, annual salaries in the amount of one thousand two hundred dollars ($1200.00) each, said salaries to be paid in equal monthly installments out of the county treasuries of the respective counties. Provided, however, the aforementioned salaries when paid shall not affect any of the other fees and costs that the clerks of the superior courts are now entitled to

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under the laws of this State., so that said subsection when amended shall read as follows: Sec. 1, Act of 1951, amended. Fines and Forfeitures arising from Criminal Cases in the Superior Courts: 1st. The fees and costs due the respective officers, including justice of the peace, notaries public and constables, but excluding the fees and costs provided by law for the solicitor-general, in the case out of which such fines and forfeiture arise, shall be first paid to the officers to whom due. 2nd. All the balances of the fines and forfeitures arising from said superior courts in such counties shall be paid one-half into the county treasuries and one-half to the sheriffs of such counties. The clerks of the superior courts of such counties shall receive, in lieu of any part of the fines or forfeitures, annual salaries in the amount of one thousand two hundred dollars ($1,200.00) each, said salaries to be paid in equal monthly installments out of the county treasuries of the respective counties. Provided, however, the aforementioned salaries when paid shall not affect any of the other fees and costs that the clerks of the superior courts are now entitled to under the laws of this State. Distribution. Section 2. The effective date of this Act shall be January 1, 1953. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1953. UNION TAX COMMISSIONER'S SALARY. No. 197 (House Bill No. 404). An Act to amend an Act entitled An Act to abolish the

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offices of Tax Collector and Tax Receiver in Union County, Georgia; to create the office of Tax Commissioner (Director of Taxes) effective on the passage and approval of this Act; to prescribe his duties, fix his salary and term of office; to name a tax commissioner (director of taxes) and fix his term of office, duties and salary; to provide for the election of his successor in office; make provision for filling a vacancy in the office and for other purposes, approved February 9, 1949 (Ga. Laws 1949, p. 325), so as to change the salary of the Tax Commissioner of Union County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to abolish the offices of Tax Collector and Tax Receiver in Union County, Georgia; to create the office of tax commissioner (director of taxes) effective on the passage and approval of this Act; to prescribe his duties, fix his salary and term of office; to name a tax commissioner (director of taxes) and fix his term of office, duties and salary; to provide for the election of his successor in office; make provision for filling a vacancy in the office and for other purposes, approved February 9, 1949 (Ga. Laws 1949, p. 325), is hereby amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 which shall read as follows: Section 10. The compensation to be paid to the tax commissioner (director of taxes) shall be an annual salary of eighteen hundred ($1800.00) dollars, which amount shall be paid monthly in equal amounts to him by the officer in charge of the fiscal affairs of the county, and the same shall be in lieu of all commissions, fees, and other compensations now received by the tax receiver and tax collector, both from the State of Georgia and the County of Union. Upon receipt of commissions from the State, or other compensation for tax service rendered the State, the same shall be by the tax commissioner (director of taxes) paid over to the county treasurer and become a part of

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the funds of Union County. In addition to the salary herein provided for, the tax commissioner (director of taxes) shall be furnished at the expense of the County of Union necessary stationery and postage, but the expense for postage shall in no one calendar year exceed the sum of fifty ($50.00) dollars. All commissions, fees, and compensations now or hereafter payable to him or his office, either from the State, the County of Union or any political division thereof, shall be by the tax commissioner (director of taxes) promptly paid over to the proper officer in charge of the fiscal affairs of the county and become a part of the funds of Union County, Georgia. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Legislation. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly the following bill: An Act to amend an Act creating the office of Tax Commissioner of Union County, Acts of 1949, page 325, approved February 9, 1949, by striking from said original Act wherever the same appears, the figures $1000.00, and inserting in lieu thereof the figures $1,800.00, and for other purposes. This January 10, 1953. /s/ Jack G. Tarpley, Representative, Union County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack G. Tarpley, who, on oath, deposes and says that he is Representative from Union County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News, which is the

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official organ of Union County, on the following dates; January 15, January 22, and January 29, 1953. /s/ Jack G. Tarpley, Representative, Union County. Sworn to and subscribed before me, this 29th day of January, 1953. /s/ Floy C. Stephenson Notary Public Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Notarial Seal Affixed). Approved February 20, 1953. RICHMOND COUNTYSTREET AND SIDEWALK IMPROVEMENTS. No. 198 (House Bill No. 371). An Act authorizing Richmond County and the governing authorities thereof to provide for the construction and maintenance of streets, sidewalks, and curbing and to levy assessments therefor; to carry into effect an amendment to the Constitution relating to the authority of Richmond County to construct and maintain such streets, sidewalks and curbing; to authorize said authorities to employ the necessary personnel for such maintenance and construction: to provide that said county authorities may assess abutting property for the costs thereof: to provide a method of enforcement of liens against property for such assessments and to authorize and provide methods of issuance and collection of fi. fas. for such improvements; to authorize the county authorities of Richmond County to provide rules and regulations and to promulgate the same in regard to the construction and maintenance of streets, sidewalks and curbing; and for other purposes.

Page 2506

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 authority heretofore granted to Richmond County to provide for the construction and maintenance of streets, sidewalks and curbing by the Constitution of Georgia and the amendment thereto, shall be exercised in the manner hereinafter provided in this Act. Streets, sidewalks, etc. Section 2. Wherever the term commissioners is used in this Act, it shall refer to the Commissioners of Roads and Revenues of Richmond County, Georgia or to any officer or officers who may by law hereinafter enacted be vested with control of the fiscal affairs of said county. Section 3. The commissioners are given full and complete authority to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of Richmond County, Georgia, located outside the corporate limits of any municipality, where the lots have been subdivided with frontage of one hundred twenty-five feet or less, and to determine when such construction and maintenance is necessary. The terms construction and maintenance as used herein shall include laying out, grading, repairing, paving, or otherwise improving the travel and drainage of such street and sidewalks, which are now in existence or which may hereafter be opened, laid out or constructed, and to lay curbing along any of the same. Section 4. The commissioners shall provide by regulation a method for determining the costs of such construction and maintenance and the proportion of the costs to be assessed against the abutting property owners, and they shall have authority to assess the entire cost of such maintenance and construction, or any proportion thereof against such abutting property owners. However, no assessment shall be made against abutting property, unless the same is consented to in writing by the owners

Page 2507

of seventy-five percent of the property abutting such improvements. Assessments. Section 5. Whenever any such construction or maintenance is to be done and the costs assessed against abutting property owners, the commissioners shall set a date for a hearing on such proposed construction or maintenance and shall publish a notice in the newspaper in Richmond County in which the sheriff's advertisements are published at least once ten days prior to the date of said hearing, which notice shall give a brief description of the subdivision in which the work is to be done, the nature of the improvements to be made and the beginning and terminus of the road or street upon which such improvements are to be made and such notice shall set forth the time and place of the hearing. At said hearing, which shall be before the commissioners, any person by himself, his agent or attorney whose property or interest is affected may appear and present evidence in objection thereto. After said hearing, the commissioners shall make a decision with reference to said improvements in the present interest of the county and the territory to be served. Said decision shall be entered on the minutes of the commissioners and if the construction of the improvements is ordered, the same shall be construed as a public necessity and all matters relating to the construction of the same, and the assessment of costs thereof against the abutting property and the owners thereof shall be determined. Notice. Hearing. Section 6. The commissioners after determining the costs of such street improvements, including the costs of acquiring rights of way, if any are to be required and all costs necessary therefor including the cost of engineering, supervision and inspection shall proceed to lay and construct the same either by the county forces or public works department or by contract as in their judgment seems best. Section 7. The commissioners after the completion of any construction or maintenance authorized hereunder in any designated area may prescribe regulations for

Page 2508

making up of an assessment roll properly describing said improvements and how the owners of the abutting property are to be assessed with the total costs of any given project. In making an assessment against abutting property the same shall be equitable and in proportion to the street frontage to be served by said improvements. Assessments. Section 8. All assessments made hereunder, shall be liens against the property abutting such street, sidewalk or curbing from the date of the adoption of the resolution authorizing such improvements. Section 9. The commissioners shall provide by regulation for a street improvement docket for the listing of property owners and property and the amounts assessed thereon; and shall have authority to establish by regulation how such assessment may be paid and they may provide that the same be paid in annual installments, not in excess of five years, and said commissioners shall provide by regulation for the due date of such installments and payments and the rate of interest, and shall provide by regulation that execution shall issue for the collection of such assessments, the same to be signed by the Commissioners of Roads and Revenues of Richmond County, Georgia. Said executions shall be issued in the name of Richmond County, and shall be recorded on the general execution docket in the office of the Clerk of the Superior Court of Richmond County and shall be turned over to the sheriff for collection as other fi. fas., and in the event the defendant in fi. fa. shall claim that the amount thereof, or some part of the same is not owing, or that the same is proceeding illegally, he may file illegality thereto, and the procedure thereon, in such event shall be the same as provided for illegalities in case of tax fi. fas. Executions. Section 10. Any fi. fa. issued hereunder may be transferred or assigned and the property levied upon and sold under the rules governing judicial sales. Section 11. The commissioners shall be authorized to employ such personnel as may be required to carry out

Page 2509

the provisions of this Act. Section 12. The commissioners shall be authorized to acquire title to any lands or rights of way or easements which may be required in the exercise of the powers herein granted either by purchase or condemnation under the power of eminent domain. Eminent domain. Section 13. If any section or portion of this Act be declared unconstitutional the remaining sections or portions hereof shall not be affected thereby and the remaining provisions of the Act shall not be invalidated but shall remain in full force and effect. Section 14. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Richmond County are published, namely, in the Augusta Chronicle, once a week for three weeks during a period of sixty (60) 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 to the effect that said notice has been published as provided by law. Section 15. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia. Richmond County. Personally appeared, Pat H. Rice, who being duly sworn says that he is the business manager of Newspaper Printing Corp., agent for The Augusta Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement duly appeared in said newspaper on the following dates to wit: December 27, 1952; January 3-10, 1953. /s/ Pat H. Rice.

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Sworn to and subscribed before me, this 20th, day of January, 1953. /s/ Edith Loyal Notary Public, Richmond County, Ga. (Notarial Seal). Notice. Notice is hereby given that there will be introduced in the 1953 session of the General Assembly of Georgia, an Act authorizing Richmond County and the governing authorities thereof to provide for the construction and maintenance of streets, sidewalks, and curbing and to levy assessments therefor: to carry into effect an amendment to the Constitution relating to the authority of Richmond county to construct and maintain such streets, sidewalks and curbing; to authorize said authorities to employ the necessary personnel for such maintenance and construction; to provide that said county authorities may assess abutting property for the costs thereof; to provide a method of enforcement of liens against property for such assessments and to authorize and provide methods of issuance and collection of fi. fas. for such improvements; to authorize the county authorities of Richmond County to provide rules and regulations and to promulgate the same in regard to the construction and maintenance of streets, sidewalks and curbing; and for other purposes. /s/ Frank H. Pierce, County Attorney Dec. 27, 1952; Jan. 3, 10, 1953. Approved February 20, 1953.

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CITY COURT OF PEMBROKEAMENDMENTS. No. 199 (House Bill No. 382). An Act to amend an Act creating and establishing the City Court of Pembroke in and for the County of Bryan, approved January 10, 1938 (Ga. Laws 1937-1938, Extra Session, p. 714), as amended by an Act approved February 11, 1943 (Ga. Laws 1943, p. 781); to provide that procedure in said court will conform to superior court procedure in civil cases; to change the time of convening of said court; to amend the salary of the judge of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 2 of the Act approved January 10, 1938 (Ga. Laws 1937-1938, Extra Session, p. 714), as amended is amended by striking therefrom the words and figures nine hundred ($900.00) dollars and inserting in lieu thereof the words and figures eighteen hundred ($1,800.00) dollars so that said section, as amended, shall read as follows: Sec. 2, Act of 1938, amended. Section 2. The Honorable W. F. Slater of said County of Bryan shall be the judge of said court from this date until January 1, 1941. His successor shall be elected at the general election held for members of the General Assembly in the regular election in November, 1940, said successor to take office January 1, 1941. Should there be a vacancy the same is to be filled in the manner now prescribed by law for filling the vacancies of county officers. The judge of said city court shall receive a salary of eighteen hundred ($1,800.00) dollars per annum, which shall be paid monthly by the treasurer of the County of Bryan and it shall be the duty of the Commissioners of Roads and Revenues of Bryan County, or other proper officers, to make provisions annually in levying taxes for this purpose. Said salary shall not be increased nor diminished during the term of office of said judge. The judge

Page 2512

shall receive no further compensation but may practice law in any court except his own. Judge's salary. Section 2. Section 11 of said original Act as amended is amended by striking therefrom the words on the fourth (4th) Monday in each month and inserting in lieu thereof the words on the third (3rd) Monday in each month so that said section as amended will read as follows: Sec. 11 amended. The terms of said city court shall be monthly for the trial and disposition of all criminal and civil business of whatever kind or nature of which said court has jurisdiction under the laws and Constitution of the State of Georgia. The time of holding said court shall be on the third (3rd) Monday in each month; at the January, April, July and October terms a jury shall be summoned and at such other times as in the discretion of the judge it may become necessary for the trial of cases pending in said court. Terms. Section 3. Section 38 of said original Act as amended is amended by striking the same in its entirety and inserting in lieu thereof the following: Sec. 38 amended. All civil cases shall be filed in the clerk's office of said court and all pleadings shall be filed in accordance with the provisions of an Act applicable to civil procedure in the superior courts of this State, approved February 1, 1946 (Ga. Laws 1946, p. 761) as amended, so that in all matters of a civil nature wherein the City Court of Pembroke has jurisdiction, the rules of civil procedure as followed in the superior courts of this State shall apply. Procedure. Section 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Georgia, Bryan County. Before me, the undersigned attesting officer qualified by law to administer oaths in Bryan County, Georgia, personally appeared F. O. Miller, who, on oath deposes

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and says: that he is owner and publisher of the Pembroke Journal, the county organ in which the legal advertisement for said county are published, and that the attached advertisement was published in the Pembroke Journal on the following dates: December 11th, 1952, December 18th, 1952, and December 25th, 1952. /s/ F. O. Miller Sworn to and subscribed before me, this the 10th day of January, 1953. /s/ Margaret E. Lanier Notary Public, Bryan County, Georgia. (Seal). Notice of Local Legislation. Notice is hereby given that the undersigned will introduce and seek to have enacted into law at the January session, 1953 of the General Assembly of Georgia, a local bill amending An act to establish an Act creating the City Court of Pembroke in and for the County of Bryan; approved January 10, 1938, as amended by the Acts of the General Assembly of Georgia, approved February 11, 1943, so as to provide for the change of procedure in said city court in order that it will conform to the procedure in the superior courts of the State of Georgia relative to all matters pertaining to civil cases, and to change the time of convening of said court, and to amend the salary of the judge of said court. This 8th day of December, 1952. /s/ W. Roscoff Deal Representative, Bryan County, Georgia. Approved February 20, 1953.

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CITY COURT OF EASTMANAMENDMENTS. No. 200 (House Bill No. 387). An Act to amend an Act creating the City Court of Eastman, (Ga. Laws 1912, p. 199 et seq.), as amended, so that all provisions of such Act and of those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are inconsistent with the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946, be repealed; to provide that such Rules of Procedure, Pleading and Practice in Civil Actions shall apply (with certain exceptions) as to all matters pertaining to service, pleading and practice to all proceedings instituted in the City Court of Eastman on or subsequent to March 1st 1953; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing the City Court of Eastman (Ga. Laws 1912, p. 199 et seq.), as amended, be and the same is hereby amended as follows: Section 1. All provisions of the Act creating the City Court of Eastman (Ga. Laws 1912, p. 199 et seq.), as amended, pertaining to matters of service, pleading and practice in the City Court of Eastman insofar as the same are inconsistent with the provisions of the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946, and thereafter ratified and confirmed, are hereby repealed. Procedure and practice. Section 2. The provisions of the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946 and thereafter ratified and confirmed and all modifications or amendments thereof or thereto now in effect or hereafter adopted shall apply, as to all matters pertaining to service, pleading and practice, to all cases in the City Court of Eastman

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except those proceedings specifically excepted in Section 81-1506 of the 1933 Code of Georgia, as amended. Section 3. This Act shall be applicable to all proceedings instituted in the City Court of Eastman on or subsequent to March 1, 1953. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. Attached hereto and made apart hereof is a copy of the published notice of intention to apply for local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publication of notice of intention to apply for passage of this local legislation have been fully complied with. Notice of Local Bill. Notice is hereby given of the intention of the undersigned to introduce and apply for passage of a local bill at the 1953 session of the General Assembly of Georgia, which bill shall be entitled: An Act to amend an Act creating the City Court of Eastman, (Ga. Laws 1912, p. 199 et seq.), as amended, so that all provisions of such Act and of those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are inconsistent with the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946, be repealed; to provide that such Rules of Procedure, Pleading and Practice in Civil Actions shall apply (with certain exceptions) as to all matters pertaining to service, pleading and practice to all proceedings instituted in the City Court of Eastman or subsequent to March 1st 1953; to repeal all laws or parts of laws in conflict herewith, and for other purposes.

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/s/ Gilbert C. Peacock, Representative of Dodge County in the General Assembly of Georgia. Affidavit of Publisher. Georgia, Dodge County: Before the undersigned officer personally appeared E. T. Methvin who, being duly sworn on oath, deposes and says that the foregoing notice entitled Notice of Local Bill is a true and correct copy of a notice which was duly published in the Times Journal, a newspaper in Dodge County, Georgia in which sheriff's advertisements for Dodge County are published, on December 31st 1952 and January 7th and 14th 1953; that deponent is editor and publisher of said Times Journal; that said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia. /s/ E. T. Methvin Sworn to and subscribed before me, this 26th day of January, 1953. /s/ Rewel P. Smith (Notarial Seal Affixed). Approved February 20, 1953. IRWIN COMMISSIONERS' COMPENSATION. No. 201 (House Bill No. 385). An Act to amend an Act approved February 16, 1933 (Ga. Laws 1933, p. 571), which created a Board of Commissioners of Roads and Revenues for the County of Irwin and prescribed and defined their powers, duties and compensation, as particularly amended by an Act approved March 12, 1935 (Ga. Laws 1935, p. 690), and

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an Act approved February 23, 1945 (Ga. Laws 1945, p. 772), and an Act approved February 13, 1952 (Ga. Laws 1952, p. 2469), so as to change the salary of the board of commissioners, excepting the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Irwin, and to prescribe and define their duties, powers, and compensation; to provide for the appointment and election of the members thereof; and prescribe their terms of office; to provide for the appointment of an attorney for said board and prescribe his duties and compensation; and for other purposes, approved February 16, 1933 (Ga. Laws 1933, p. 571), as particularly amended by an Act approved March 12, 1935 (Ga. Laws 1935, p. 690), and an Act approved February 23, 1945 (Ga. Laws 1945, p. 772), and an Act approved February 13, 1952 (Ga. Laws 1952, p. 2469), is hereby amended by striking the figures $300.00 in the third line of Section 6 and inserting in lieu thereof the figures $600.00, so that said section, as amended, shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that the salaries to be received by the commissioners, except the chairman, shall be $600.00 per year, payable monthly in equal installments. The chairman of the board of commissioners shall receive a salary of $3,000.00 per year, payable monthly in equal installments, and such other necessary expenses as are approved by the board. At the first regular meeting each month the chairman shall render to the board of commissioners a statement of expenses and costs incurred by him during the previous month, and upon approval by the board he shall be paid or reimbursed therefor in the same manner as are general expenses of the county approved and paid. Compensation Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Local Legislation. To The People of Irwin County: At the current session of the General Assembly of Georgia a local bill will be introduced to amend the Acts creating a Board of County Commissioners of Irwin County, so as to provide for the increase of the salary of the commissioners, other than the chairman, from $25.00 per month to $50.00 per month. This January 12, 1953. /s/ H. L. Layton, Representative, Irwin Co., Ga. 3tJ15-22-29 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. L. Layton, who, on oath, deposes and says that he is Representative from Irwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star, which is the official organ of Irwin County, on the following dates: January 15, 1953, January 22, 1953, and January 29, 1953. /s/ H. L. Layton Representative, Irwin County. Sworn to and subscribed before me, this 29 day of January, 1953. /s/ A. A. Boggus Notary Public My com. ex. Sept. 1957. (Seal). Approved February 20, 1953.

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WARREN TAX COMMISSIONER. No. 204 (House Bill No. 351). An Act to abolish the offices of Tax Collector and Tax Receiver in Warren County, Georgia; to consolidate the offices of Tax Receiver and Tax Collector of Warren County, Georgia; to create the office of County Tax Commissioner of Warren County, Georgia; to prescribe the rights, liabilities and duties of said officer; to provide that the laws now in force applicable to tax receivers and tax collectors shall be of full force and effect as to the county tax commissioner, so far as the same can apply; to provide that taxes due and all fi. fas. shall have full force and effect and be collectible as such; provide the effective date of this Act, and for the filling of said office until January 1, 1957, should the effective date be prior to January 1, 1957; to provide for the election of the tax commissioner; to provide for the compensation of the tax commissioner; to provide for filling vacancies; to provide for the oath of office; to provide for bond and the payment of premium thereon by the county; to provide that if any portion of this Act is declared unconstitutional the entire Act shall not be so held; to repeal conflicting laws: and for other purposes. Be it enacted by the General Assembly of the State of Georgia, as follows: Section 1. The office of Tax Receiver of Warren County, Georgia, and the office of Tax Collector of Warren County, Georgia, are hereby abolished and the rights, duties and liabilities of the said two offices are hereby consolidated into one office. Section 2. The office of Tax Commissioner of Warren County, Georgia, is hereby created in lieu of said offices so consolidated and so abolished, and the rights, duties, and liabilities of said office of Tax Commissioner of Warren County, Georgia, shall be the same as the rights, duties and liabilities of the Tax Receiver and Tax Collector

Page 2520

of said Warren County, Georgia, and all laws applicable to said offices of tax receivers and tax collectors shall be applicable to the Tax Commissioner of Warren County, Georgia, so far as the same can apply. Tax commissioner. Section 3. The taxes now due and payable and all tax fi. fas. heretofore issued by the Tax Collector of Warren County, Georgia, and all taxes which may become due before January 1, 1957 and all tax fi. fas. which in the future may be issued prior to January 1, 1957, shall have full force and effect and be collectible as issued. Section 4. The said tax commissioner is authorized to employ such assistants and clerks as he deems necessary to perform the duties of his office and such employees shall be paid by the tax commissioner out of the fees paid to him for receiving and collecting taxes. Clerks and assistants. Section 5. The said Tax Commissioner of and for Warren County, Georgia, shall be compensated for his services on fee basis, and he shall receive all fees, costs, and commissions for receiving and collecting taxes which are now paid the tax receiver and tax collector by Warren County, Georgia, the State of Georgia, and other taxing units for whom he may collect taxes. Said Tax Commissioner of and for Warren County, Georgia, shall also receive as a part of his compensation any and all fees, costs, and commissions that may now be provided for tax collectors and tax receivers, or that may hereafter be provided them, for receiving and collecting either special, ad valorem, occupational, or other tax or license of any nature whatsoever, and none other. Compensation. Section 6. The commissioner of roads and revenues of said county shall provide for and furnish to the tax commissioner an office to be located in the courthouse, or other suitable place, for the transaction of the business of said office. The tax commissioner is hereby required to keep said office open every business day for the transaction of the business of his office, but he shall not be required to leave his office for the purpose of receiving or collecting taxes, however, he may do so if he wishes. Office.

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Section 7. In the event said office of tax commissioner becomes vacant by death, resignation or otherwise, the vacancy shall be filled in the same manner as vacancies in the office of county tax collectors are now filled. Vacancies. 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 statute. The bond premium shall be paid by the commissioner of roads and revenues, from county funds. Bond. Section 9. The Tax Collector and Tax Receiver of Warren County, Georgia, shall continue to perform their respective duties until the end of their present terms for which they were elected, which expire on December 31, 1956, subject, however, to the following condition hereinafter stated in this section. This Act shall become effective January 1, 1957, and the tax commissioner who shall be elected at the general election to be held in November, 1956, shall assume office on January 1, 1957. Provided, however, should a vacancy in the office of tax collector or tax receiver occur in said Warren County, Georgia, before January 1, 1957, then, in that event, the effective date of this Act shall be the date of said vacancy, and the tax collector or tax receiver of said county remaining in office on said date shall become the said Tax Commissioner of Warren County, Georgia, for the remainder of the present term, which ends December 31, 1956. Incumbents. Section 10. If, for any reason, any portion of this Act shall be held by a court of competent jurisdiction to be unconstitutional, such holding shall affect only that portion of this Act so declared to be unconstitutional, and the remaining provisions of this Act shall remain of full force and effect. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Section 12. An Affidavit proving the legal advertisement of this local Act is attached hereto and to which

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reference is made, and said affidavit is made a part of this Act. Georgia, Warren County. Personally appeared before the undersigned attesting officer, authorized under the laws of Georgia to administer oaths, Alva L. Haywood, who, after being duly sworn, on oath, says: That he is the editor and owner of the Warrenton Clipper, a newspaper published in Warrenton, Warren County, Georgia, and that said newspaper is the official newspaper of said county, and is the newspaper sheriff's advertisements are made in and for said county. That the following notice was published in the January 9, 1953, January 16, 1953, and January 23, 1953, issues of said newspaper: Notice of Intention to Introduce Local Legislation in the General Assembly of Georgia. Notice is hereby given that a Bill will be introduced in the General Assembly of Georgia at the January session, 1953, for the purpose of abolishing the offices of Tax Collector and Tax Receiver in the County of Warren, State of Georgia, and to consolidate the office of Tax Collector and Tax Receiver of Warren County, Georgia; to create the office of County Tax Commissioner of Warren County; to subscribe the rights, liabilities and duties of said officer; to provide that the laws now in force, or that may hereafter be in force, applicable to tax collector and tax receiver shall be in full force and effect as to the county tax commissioner; to provide the effective date of this Act, which shall be January 1, 1957, provided, however, should a vacancy in the office of tax collector or tax receiver occur before said date, then, the effective date shall be the date of said vacancy, and the tax collector or tax receiver remaining in office shall become the tax commissioner for the remainder of this present term which ends December 31, 1956, to provide for the election of tax commissioner; to provide that all fees, costs and commissions now accruing to the tax collector and tax receiver shall become the fees, costs, and commissions accuring to

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the tax commissioner; to provide for the discontinuance of any salary supplement now in force to the tax receiver; to provide for filling vacancy in such office of tax commissioner; to provide for proper bond; and for other purposes. This the 7th day of January, 1953. Daniel B. Stewart, Tax Receiver, Warren County, Ga. Paul Abbot, Tax Collector, Warren County, Ga. Jack B. Ray, Representative, Warren County, Ga. Jan. 9, 16, 23. /s/ Alva L. Haywood Alva L. Haywood Sworn to and subscribed before me, this 26th day of January, 1953. /s/ Joel H. Terrell (Notarial Public, Warren County, Georgia. (Notarial Seal Affixed). Approved February 23, 1953. WEBSTER TAX COMMISSIONER. No. 205 (House Bill No. 343). An Act to amend an Act which abolishes the office of Tax Receiver and Tax Collector of Webster County and creates the office of County Tax Commissioner of Webster County, fixing his term, compensation and duties, approved August 8, 1931 (Ga. Laws 1931, p. 610), as amended, so as to change the amount required for the bond of said tax commissioner; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 11 of an Act which abolishes the office of Tax Receiver and Tax Collector of Webster County and creates the office of County Tax Commissioner of Webster County, fixing his term, compensation and duties, approved August 8, 1931 (Ga. Laws 1931, p. 610), as amended, is hereby amended by striking said Section 11 in its entirety and substituting a new section in lieu thereof, which shall read as follows: Section 11. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax commissioner shall take the oath now prescribed by law for the tax collector and shall give bond in the amount of eight thousand two hundred dollars ($8,200.00), which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bond shall be paid out of the funds of Webster County as part of the expense of county government. Bond. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. January 24, 1953. To whom It May Concern: Georgia, Webster, Stewart County. This is to certify that, according to law, publication has been made of Intention to Introduce Legislation affecting the compensation-, the increase the tax commissioner's bond in Webster County; and for other purposes; on the following dates; January 1, 15, and 22, 1953. /s/ Byron C. Anglin Byron C. Anglin Associate Editor.

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Georgia, Stewart County: Sworn to and subscribed before me, this 24th day of January, 1953. /s/ James W. Adams N. P. (Seal). Clipping of Notice as published hereto: Notice of Intention to Introduce Legislation. Georgia, Webster County. Notice is hereby given that it is our intention to introduce at the 1953 session of the General Assembly of Georgia, a bill to supplement the compensation of the Tax Commissioner of Webster County; to increase the tax commissioner's bond, and for other purposes. This January 3, 1953. J. Lucius Black, Representative, Webster County. James W. Adams, Senator 12th Senatorial District, Ga. 3t. 1:8-15-22. Approved February 23, 1953. TELFAIR COMMISSIONER. No. 206 (Senate Bill No. 48). An Act to amend an Act of the General Assembly of Georgia, approved February 23, 1945 (Acts 1945, p. 776 et seq), entitled An Act to amend an Act entitled an Act to create the office of Commissioner of Roads

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and Revenues in and for the County of Telfair; to define the powers and jurisdiction and prescribe the duties of such commissioner, and in which said Act the salary of said commissioner was therein fixed; so as to provide a change in the salary of the commissioner of roads and revenues of said county, and to fix the same; so that when said Act is amended the same will change and fix the salary of the Commissioners of Roads and Revenues of said County of Telfair; 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 approved February 23, 1945 (Acts. 1945, p. 776 et seq.), entitled An Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, and to fix the salary for said commissioner of roads and revenues of $3600.00 per year, etc., be and the same is hereby amended by striking from Section 1 of said Act of 1945 approved February 23, 1945, the words, signs and figures $3600.00 per year, and substituting in lieu thereof the words, signs and figures $5400.00 per year, so that when said Act is so amended it will provide an annual salary for said commissioner of roads and revenues of $5400.00. Sec. 1, Act of 1945 amended. Section 2. Be it further enacted by the authority aforesaid that from and after the passage and approval of this Act the salary of the Commissioner of Roads and Revenues of Telfair County, Georgia, shall be the sum of $5400.00 per year, the same to be paid from the treasury of said county, in installments and at the rate of $450.00 per month. Salary. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 23, 1953.

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TELFAIR TAX COMMISSIONER. No. 207 (Senate Bill No. 47). An Act to amend an Act approved February 12, 1945 (Acts 1945, p. 630 et seq.), the Act to be amended being entitled An Act to amend an Act entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Telfair County, Georgia; to create the office of Telfair County Tax Commissioner, etc., and in which said amendment the salary of said tax commissioner was therein fixed; so that when said Act is amended the same will change and fix the salary of the Tax Commissioner of Telfair 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 authority of the same: Section 1. That an Act to amend an Act entitled An Act to abolish the offices of Tax Receiver and Tax Collector of Telfair County, Georgia, etc., approved December 29, 1937 (Acts 1937-1938, pp. 892-899), by striking certain lines thereof, and therein fixing the salary of the tax commissioner from and after January 1, 1941, at $3600.00 per annum, said amendment being contained in the Acts of 1945, page 630 et seq., and approved February 12, 1945, be and the same is hereby amended by striking from the subparagraph of paragraph 1 thereof numbered 6, the words, signs and figures $3600.00 per annum, and inserting the words, signs and figures $5400.00 per annum, in lieu thereof. Section 2. Be it further enacted by the authority aforesaid that from and after the passage and approval of this Act the salary of the Tax Commissioner of Telfair County, Georgia, shall be the sum of $5400.00 annually, the same to be paid by the commissioner of roads and revenues of said county from the funds in the county treasury, in installments and at the rate of $450.00 per month. Salary.

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Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 23, 1953. CITY COURT OF RICHMOND COUNTYJUDGE EMERITUS. No. 209 (House Bill No. 434). An Act to amend an Act to establish a City Court in Richmond County, Georgia, to provide for the appointment of judge and solicitor thereof, and to define their powers and duties, approved September 22, 1881, and all Acts amendatory thereof; so as to provide for a judge emeritus of said court, to define his qualifications, powers, duties and compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that after having served twenty years by appointment or election as regular Judge of the City Court of Richmond County, Georgia, said judge may retire and become judge emeritus of said court with all and singular the powers and authority vested in the regularly elected or appointed judge of said court. Judge emeritus. Section 2. Be it further enacted by the authority aforesaid, that specifically the said judge emeritus shall be empowered and authorized to issue warrants, hold preliminaries, perform marriage ceremonies and do all the things appertaining to the office of the Judge of the City Court of Richmond County, Georgia. Powers. Section 3. Be it further enacted by the authority aforesaid, that the said Judge Emeritus of the City Court

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of Richmond County, Georgia, is further empowered, qualified and authorized to hold court for the Court of Ordinary of Richmond County, Georgia, the Municipal Court of the City of Augusta, Georgia, and the Superior Courts of Richmond County; Georgia, and the Augusta Circuit under the laws and statutes now prevailing and all future statutes amendatory of said laws and statutes authorizing the Judge of the City Court of Richmond County, Georgia, to hold said courts. As presiding judge. Section 4. Be it further enacted by the authority aforesaid, that the said Judge Emeritus of the City Court of Richmond County, Georgia, shall be empowered, qualified and authorized to preside over the City Court of Richmond County, Georgia, concurrently with the regular or elected judge or separately whenever the regularly elected or appointed judge of said court considers the condition of the docket congested to the extent that the services of an extra judge are needed, or when the regular judge is ill or incapacitated, or when the same regular judge feels that by reason of bias, prejudice or personal interest the ends of justice will be best met by said judge emeritus presiding and when said regular judge is disqualified by law. Section 5. Be it further enacted by the authority aforesaid, that it shall require a simple order of the said regular judge to call the judge emeritus into trial service by way of request. If the said regular judge is so incapacitated he cannot issue such request order then the Solicitor of the City Court of Richmond County, Georgia, can by signing a like order request the services of the said judge emeritus. Section 6. Be it further enacted by the authority aforesaid, that the said judge emeritus shall receive for the actual trial service a per diem compensation based on the daily value of the regular judge's salary for the number of days the judge emeritus actually serves. Compensation Section 7. Be it further enacted by the authority aforesaid, that the office of Judge Emeritus of the City

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Court of Richmond County, Georgia, shall not in any way disqualify said judge emeritus from holding any public office, State, county, or municipal, in the State of Georgia to which he may be elected or appointed. Qualification for office. Section 8. Be it further enacted by the authority aforesaid that the said Judge Emeritus of the City Court of Richmond County, Georgia, be and he is hereby authorized to practice law in all the courts of this State. Practice of law. Section 9. Be it further enacted by the authority aforesaid that the notice of publication and the affidavit of the members of the General Assembly applying for the passage of this Act, which are hereto attached, are incorporated in and made a part of this Act. Section 10. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Richmond County. To All Persons Greetings: You are hereby notified that the undersigned Members of the General Assembly of the State of Georgia intend to introduce and apply for the passage of an amendment to an Act establishing the City Court of Richmond County, Georgia, which provides for the appointment of a judge and solicitor-general thereof and to define their powers and duties, approved September 22nd, 1881, and all amendatory Acts thereof, said amendment to provide for a judge emeritus of said court, to define his qualifications, powers, duties and compensation; and for other purposes. This the 16 day of January, 1953. /s/ W. W. Holley /s/ John C. Bell /s/ Sam T. Graham Members, General Assembly of the State of Georgia.

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State of Georgia. Personally appeared before the undersigned officer authorized to administer oaths, came W. W. Holley, John C. Bell, and Sam T. Graham, Members of the General Assembly of the State of Georgia from Richmond County, Georgia, who, being duly sworn, on oath depose and say that the attached within and foregoing notice of intention to apply for the passage of an amendment to the Act providing for the establishment of a City Court in Richmond County, Georgia, approved September 22nd, 1881, and all amendatory Acts thereof, so as to provide for a judge emeritus thereof and provide for his qualifications, powers, duties and compensation, was published in The Augusta Chronicle, the official gazette of Richmond County, Georgia, and the newspaper in which the sheriff's advertisements for said county are published on the following dates, to wit: January 17, 24, 31, 1953, being once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill in the General Assembly as provided by the Constitution of the State of Georgia. This affidavit is made by deponents, who are the authors of said amendatory Act, for the purpose of Complying with the Constitution and laws of the State of Georgia with reference to publication of the notice of intention to apply for local legislation, and is made for the purpose of being attached to and being a part of said Act along with said notice. /s/ W. W. Holley /s/ John C. Bell /s/ Sam T. Graham Members, General Assembly of Georgia. Sworn to and subscribed before me, this the 3rd day of February, 1953. /s/ Frances G. Read Notary Public, Fulton Co. My commission expires Feb. 1-1954. Approved February 24, 1953.

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AUGUSTASTREET CLOSING AUTHORIZED. No. 210 (House Bill No. 437). An Act to amend the charter of The City of Augusta and The City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to authorize The City Council of Augusta to close, abandon, and declare vacant as streets a certain portion of Gwinnett Street at its intersection with East Boundary and a certain portion of Sibley Street at its intersection with Gwinnett Street, to abandon an area dedicated as a park on East Boundary near its intersection with Gwinnett Street, and to convey all of said property by quitclaim deed to the adjoining property owners to the north and east, said portions of said streets and said park area being more particularly described as follows: All those two (2) lots or parcels of land situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, near the intersection of Gwinnett Street and East Boundary, shown as shaded areas on a plat made by M. P. Phillips, P. E., dated November 13, 1952, and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 20-B, page 510, and being designated on said plat as the area located between the letters A, B, C, D, E, F, G, and H, and the area located between the letters I, J, K, and L. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the charter of The City of Augusta is hereby amended so as to authorize and The City Council of Augusta is hereby authorized to close, abandon, and declare vacant as streets a certain portion of Gwinnett Street at its intersection with East Boundary and a certain portion of Sibley Street at its intersection with Gwinnett Street, to abandon an area dedicated as a park on East

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Boundary near its intersection with Gwinnett Street, and to convey all of said property by quitclaim deed to the adjoining property owners to the north and east, said portions of said streets and said part area being more particularly described as follows: All those two (2) lots or parcels of land situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, near the intersection of Gwinnett Street and East Boundary, shown as shaded areas on a plat made by M. P. Phillips, P. E., dated November 13, 1952, and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 20-B, page 510, and being designated on said plat as the area located between the letters A, B, C, D, E, F, G, and H, and the area located between the letters I, J, K, and L. Gwinnett Street. Section 2. That the sale and conveyance by quitclaim deed herein authorized may be made pursuant to a resolution adopted by The City Council of Augusta at any regular meeting and the consideration to be paid for such sale and conveyance whether in money or in exchange of property, shall be determined in the uncontrolled discretion of The City Council of Augusta, and the mayor and clerk of council shall be authorized to execute and deliver a quitclaim deed, upon the execution and delivery of which said portions of Gwinnett Street and Sibley Street shall be closed, abandoned, and declared vacant as streets and such area dedicated as a park shall be abandoned and both such properties shall cease to be public property of The City Council of Augusta. Conveyance. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Section 4. 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 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,

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into the General Assembly. Certificate of Publication. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will apply at the session of the General Assembly of Georgia, convening in January, 1953 for the passage of local legislation consisting of a bill entitled as follows: An Act to amend the charter of the City of Augusta and The City Council of Augusta by an Act approved Jan. 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to authorize The City Council of Augusta to close, abandon, and declare vacant as streets a certain portion of Gwinnett Street at its intersection with East Boundary and a certain portion of Sibley Street at its intersection with Gwinnett Street, to abandon an area dedicated as a park on East Boundary near its intersection with Gwinnett Street, and to convey all of said property by quit claim deed to the adjoining property owners to the north and east, said portions of said streets and park area being more particularly described as follows: All those two (2) lots or parcels of and situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, near the intersection of Gwinnett Street and East Boundary, shown as shaded areas on a plat made by M. P. Phillips, P. E. dated Nov. 13, 1952, and recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 20-B, page 510, and being designated on said plat as the area located between the letters A, B, C, D, E, F, G, and H, and the area located between the letters I, J, K, and L. This 31st day of December 1952. John C. Bell, W. W. Holley, Sam T. Graham,
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Members of the General Assembly from Richmond County, Georgia. Jan. 3, 10, 17. State of Georgia, Richmond County. Personally appeared before me, a notary public in and for said State and county, W. S. Morris, who on oath certifies and says that he is the publisher of The Augusta Chronicle, the newspaper published in the City of Augusta, Richmond County, Georgia, in which the sheriff's advertisements for said County of Richmond are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit, on January 3, 1953, January 10, 1953, and January 17, 1953. /s/ W. S. Morris Sworn to and subscribed before me, this the 19 day of January, 1953. /s/ A. M. LeRoy Notary Public, Richmond County, Georgia. (Notarial Seal Affixed). Approved February 24, 1953. LONG COUNTY SHERIFF'S COMPENSATION. No. 212 (House Bill No. 444). An Act to supplement the compensation now received by the Sheriff of Long County by the payment of a salary to said Sheriff by Long County in addition to costs and fees now paid to said sheriff; to fix the amount of said salary, by whom paid, the date of said payments, and when said payments shall begin; to repeal conflicting

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laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That the Commissioners of Roads and Revenues of Long County, or other officer or officials of said county who may hereafter have in charge the fiscal affairs of said county, are hereby authorized and required to pay to the Sheriff of Long County, and his successors in office, a monthly salary of one hundred ($100.00) dollars, the first of said payments being due and payable on the first day of the month following final passage and approval of this Act, and thereafter on the first day of each succeeding month. Salary. Section 2. Be it further enacted by the authority aforesaid, that the above said salary shall be in addition to and supplementary and independent of any other fees, commissions, costs and compensation to which the sheriff of said county is now entitled under the law or may hereafter be entitled to under the laws of the State, and shall in no manner have the effect of terminating, abolishing, or eliminating the Sheriff of Long County from any fees, costs and commissions to which he is now or may hereafter be entitled to under the laws of this State. Said salary shall be paid out of the general funds of Long County. Fees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. Be it further enacted that attached hereto and made a part hereof, as required by the Constitution of the State of Georgia, is the certificate under oath of Mrs. Helen Williams Coxon, owner and publisher of The Ludowici News, the newspaper in which the sheriff's advertisements of Long County, Georgia, are published, certifying that the notice of intention to apply for local legislation which is embodied in this Act, a copy of which is attached to said certificate, was published in the issues of said newspaper of December 12th., 1952, December 19, 1952 and December 26, 1952.

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Certificate of Publisher. Georgia, Long County. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Mrs. Helen Williams Coxon, who, having been duly sworn, on oath deposes and says that she is the owner and publisher of The Ludowici News, the newspaper in which are published sheriff's advertisements for Long County, Georgia; that the notice to apply for local legislation, copy of which is hereto attached and identified as Exhibit A, was published in The Ludowici News, in the issues of December 12, 1952, December 19, 1952 and December 26, 1952; and that this certificate is made by the undersigned as required by the Constitution of the State of Georgia ratified August 7, 1945. /s/ Helen Williams Coxon Sworn to and subscribed before me, this January 23, 1953. /s/ Robert L. Watford, Jr. Notary Public, State at Large, Georgia. (Notarial Seal Affixed.) Exhibit A Georgia, Long County. Notice is hereby given that under and by virtue of the Constitution of the State of Georgia as contained in Article XI, Section 2, Chapter 2-79, Section 2-7902 of the Code of Georgia Annotated, I will introduce and seek passage thereof at the next session of the General Assembly of Georgia, a local or special bill providing for the supplementing of the compensation and fees now paid the Sheriff of Long County, by providing for a monthly salary to be paid by the Commissioners of Roads and Revenues of Long County, Georgia, to said sheriff; to provide the amount of said salary, how and when paid, and for other purposes.

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This December 8, 1952. /s/ C. C. Wilkinson, Sr. Representative of Long County in said General Assembly. Approved February 24, 1953. CHATHAM COUNTY HOMESTEAD EXEMPTIONS. No. 214 (House Bill No. 418). An Act to lower to $1,250.00 in the County of Chatham the homestead exemption of $2000.00 allowed under Paragraph IV of Section I of Article VII of the Constitution of 1945 of the State of Georgia and also allowed under an Act of the General Assembly approved January 31, 1946, entitled `An Act to carry into effect Paragraph IV of Section I of Article VII of the Constitution of this State, in reference to exemption from taxation of certain property therein described, and for other purposes' (which Act is now codified in Code Section 92-219 of the Annotated Code of the State of Georgia), so that beginning January 1, 1953, the homestead exemption therein allowed to each resident of Chatham County shall be lowered to $1,250.00, and for other purposes. Whereas, under the Constitution and laws of the State of Georgia recited in the title of this Act, the homestead of each resident, not to exceed $2,000 of its value, is exempted from all ad valorem taxation for State, county, and school purposes, except taxes levied by municipalities for school purposes, and except to pay interest on and retire bonded indebtedness; and Whereas, under said provisions of said Constitution and laws, the General Assembly may from time to time lower said exemption to not less than $1,250.00;

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Now, therefore, be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. Section 1. The said homestead exemption is hereby reduced to $1,250.00 as to all such property in Chatham County, Georgia, (beginning with January 1, 1953) in so far only as the levying of taxes thereon for the schools is concerned, provided that the said reduction is recommended by The Board of Public Education for the City of Savannah and the County of Chatham in the manner hereinafter set forth, and it is further authorized by the voters of Chatham County in an election called for such purpose and held in the manner and certified as to the result as hereinafter set forth. Amount. Section 2. The Board of Public Education for the City of Savannah and the County of Chatham is hereby authorized to recommend to the Commissioners of Chatham County and Ex Officio Judges thereof, that in levying taxes for the schools under the jurisdiction of said board of education (commencing with the year 1953) the homestead exemption shall be reduced to $1,250.00, provided the reduction is authorized by the voters of Chatham County, as hereinafter set forth. Recommendation. Section 3. The said election shall be called to be held on a day during the calendar year 1953 to be fixed by the said board of public education in its recommendation to the commissioners, a copy of which recommendation shall be certified to the ordinary, and it shall thereupon be the duty of the ordinary to call said election on the day fixed by the said board of public education. Election. Section 4. The ordinary shall publish the call for said election in a newspaper in Chatham County in which the sheriff's advertisements are published, three times before the date on which said election is to be held. Said election shall be held as ordinary county elections are held and the electors in said elections shall be those regularly qualified to vote in State and county elections. A majority of those voting shall be necessary to carry said

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election in favor of said proposed reduction in the homestead exemption. Those favoring the reduction in the homestead exemption to $1,250.00 for taxation for the schools, shall vote For the reduction of the homestead exemption from $2,000 to $1,250 for taxation for the schools in Chatham County, and those opposed shall vote Against the reduction of the homestead exemption from $2,000 to $1,250 for taxation for the schools in Chatham County. The county shall pay the expenses of said election and shall be reimbursed the said expenses if the election is carried in favor of the proposed tax. Section 5. 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 reduction of said homestead exemption from $2,000 to $1,250, the said commissioners shall then levy the tax for schools on said basis beginning with January 1, 1953, and shall pay the proceeds of the same over to the said board of public education, less the expenses of holding the said election. Section 6. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Section 7. There is attached hereto and made a part hereof a publishers affidavit showing that the intention to introduce this bill has been advertised as required by the Constitution of the State of Georgia and the laws thereof. 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

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daily in the City of Savannah, of general circulation, an official organ of Chatham County, Georgia, and that the following Notice is hereby given of an intention to apply to the session of the General Assembly of the State of Georgia which begins January 1953 for the passage of a local bill to be entitled: An Act to lower to $1250.00 in the County of Chatham the homestead exemption of $2000.00 allowed under Paragraph IV of Section I, of Article VII, of the Constitution of 1945 of the State of Georgia, and also allowed under the Act of the General Assembly approved January 31, 1946, entitled `An Act to carry into effect Paragraph IV of Section 1, Article VII, of the Constitution of this State, in reference to exemption from taxation of certain property therein described and for other purposes,' (which Act is now codified in Code Section 92-219 of the Annotated Code of Georgia); so that beginning January 1, 1953, the homestead exemption therein allowed to each resident of Chatham County shall be lowered to $1250.00, and for other purposes. This 29th day of December, 1952. B. H. Levy, President Board of Education for the City of Savannah and County of Chatham. has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of Dec. 31, 1952, Jan. 7-14,1953. /s/ Herman Exley. Sworn to and subscribed before me, this 21st day of January 1953. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Seal). Approved February 24, 1953.

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FORT VALLEYGAS DISTRIBUTION SYSTEM. No. 215 (House Bill No. 428). An Act to amend an Act approved August 22, 1907, incorporating the City of Fort Valley, and all Acts amendatory thereto; and conferring upon the City of Fort Valley the right, power and authority to operate a gas distribution system, both within and without the corporate limits of the City of Fort Valley, to distribute, transport, sell and furnish gas to customers located both within and without the corporate limits of the City of Fort Valley such customers to include persons, firms, and corporations, or other municipal corporations and to further authorize the City of Fort Valley to accept franchises granted by other municipalities to the City of Fort Valley; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act: Section 1. The City of Fort Valley shall have the right, power and authority to operate a gas distribution system, both within and without the corporate limits of the City of Fort Valley, to distribute, transport, sell and furnish gas to customers located both within and without the corporate limits of the City of Fort Valley, such customers to include persons, firms, corporations, or other municipal corporations and to further authorize the City of Fort Valley to accept franchises for that purpose granted by other municipalities to the City of Fort Valley, and any franchises heretofore granted said city are hereby ratified and affirmed. Gas distribution system. Section 2. The power granted by this Act shall authorize the City of Fort Valley to lay or construct gas mains, and gas distribution systems both within and without the corporate limits of the City of Fort Valley, and to issue gas revenue-anticipation certificates for such purpose in accordance with the provisions of Article VII, Section VII, Paragraph V of the Constitution of the State

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of Georgia and the Revenue Certificate Law, and any certificates heretofore issued by the city for such purpose are hereby ratified and affirmed. Revenue-anticipation certificates. Section 3. The City of Fort Valley shall have the right, power and authority to exercise police powers over the entire gas system and shall have the right and authority to make rules and regulations governing the operation, maintenance, extensions and connections with any gas main within or without the corporate limits of the City of Fort Valley and shall have the right and authority to require all users of gas who connect with the gas mains within or without the corporate limits of the City of Fort Valley to install proper meters and make connections in accordance with the rules and regulations provided therefor and shall further have the right and authority to refuse to sell or furnish gas to any person, firm, corporation or municipal corporation who fails or refuses to comply with such rules and regulations. Nothing contained herein shall be construed as granting to any person, firm, private or municipal corporation the right to require said city to furnish gas and the city shall not be so required to do, if in its discretion same is not deemed desirable or feasible. City's powers. Section 4. Be it further enacted by the authority aforesaid that if any portion of this Act shall be held invalid, the whole of this Act shall not thereby become void, but only so much of the same as may be declared void. Section 5. 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 Leader Tribune, Fort Valley, Georgia, the newspaper in which the sheriff's advertisements for said locality are published in the issues of January 8th, 15th and 22nd, 1953, be and the same is hereby made a part and parcel of this Act. Section 6. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with

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this Act, be, and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that it is the intention of the undersigned to appeal to the 1953 General Assembly of Georgia, next, for the passage of a bill: 1. To provide that the City of Fort Valley, Georgia, shall have the right, power and authority to distribute or sell and furnish natural gas to customers located within, and without the corporate limits of the City of Fort Valley, Georgia. 2. To amend or either repeal, either or both, all existing laws necessary to provide for such change in the charter of the City of Fort Valley above mentioned. This 6th day of January, 1953. F. B. Little, As Representative from Peach County, House of Representatives. Georgia, Peach County. I, Daniel K. Grahl, do hereby certify that I am the editor of the Leader Tribune in Fort Valley, Georgia, said newspaper being the newspaper in which the sheriff's advertisements for the City of Fort Valley are published and that the notice hereto attached concerning the application for an Act to amend the charter of the City of Fort Valley was published in the issues of January 8th, 15th and 22nd, 1953, of the Leader Tribune. /s/ Daniel K. Grahl Daniel K. Grahl. Sworn to and subscribed before me, this 2 day of February, 1953. /s/ George B. Culpefb, III, N.P. Peach County, Ga. My commission expires 8/21/54. Approved February 29, 1953.

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TRION SCHOOL SYSTEM. No. 216 (House Bill No. 443). An Act to amend an Act incorporating the Town of Trion, in the County of Chattooga, approved December 18, 1897 (Ga. Laws 1897, pp. 352-356), and all laws amendatory thereto, entitled: An Act to incorporate the Town of Trion, in the County of Chattooga; to define its limits, provide for a mayor, recorder, and council and other officers of said town, and prescribe their powers and duties; to create a free school system for said town; to provide for a public fund by taxation and license; to provide for the making of all lawful rules, regulations and bylaws for the proper government and control of said town, and for the enforcement of its ordinances; so as to provide for admission, in the discretion of the council of the Town of Trion, of pupils who do not reside within the corporate limits, into the public schools of the Town of Trion. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act of the legislature approved December 18, 1897, incorporating the Town of Trion, as amended, is hereby amended by adding the following section thereto: The council of the Town of Trion may admit into the public school system of the Town of Trion such pupils not residents within its corporate limits as the council may, in its discretion, think proper, and may impose as a condition to such admission a reasonable charge for tuition. Non-resident pupils. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Jan. 8-15-22-29. Notice is given that within the next 60 days there will be introduced in the General Assembly of Georgia a bill

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to amend the Act of the legislature approved December 18, 1897, incorporating the Town of Trion. James A. Floyd, Paul B. Weems. Georgia, Fulton County. Before me, an officer duly authorized to administer oaths, appeared James A. Floyd and Paul B. Weems, who on oath state that they are Members of the House of Representatives from Chattooga County, and that the above advertisement of notice of intention to introduce local legislation was published on January 8, 15, 22 29th, of 1953, in the Summerville News, which is the official organ of Chattooga County. /s/ James A. Floyd, Representative of Chattooga County /s/ Paul B. Weems, Representative of Chattooga County. Sworn to and subscribed before me, this 2nd day of Feb. 1953. /s/ Joe N. Burton, N.P. (Seal). Jan. 8-15-22-29. Notice is given that within the next 60 days there will be introduced in the General Assembly of Georgia a bill to amend the Act of the legislature approved December 18, 1897, incorporating the Town of Trion. James A. Floyd, Paul B. Weems. Approved February 24, 1953.

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ASSISTANT SOLICITOR IN CITY COURT IN CERTAIN COUNTIES. No. 217 (House Bill No. 438). An Act to provide for the appointment of an assistant solicitor of the city court of all counties of this State having a population of not less than 108,000 and not more than 112,000 according to the United States census of 1950 or any future United States census, to provide for his duties, compensation, authority and term of office. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: to wit: Section 1. (1) In all counties of this State having a population of not less than 108,000 and not more than 112,000 according to the United States census of 1950 or any future census of the United States, the solicitor of the city court of said county shall have the right and authority to appoint an assistant solicitor, with the approval of the judge of said court, to serve at the pleasure of the solicitor and judge of said court. Counties. (2) The assistant solicitor of the city court herein provided for, before assuming office, shall take the same oath of office as is prescribed for the solicitor of the city court in which he is appointed. The said assistant solicitor of the city court shall have such authority as may be delegated to him by the solicitor of the court in which he is appointed, and when acting on behalf of or for the solicitor of said court in which he is appointed, shall have all the authority and power vested in the solicitor of the city court in the county in which he is appointed. (3) The salary of the assistant solicitor of the city or county court shall be $308.00 per month to be paid monthly out of the county treasury of the county of such assistant's appointment, and he shall be entitled to and be paid monthly out of the county treasury of such county

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the sum of $50.00 per month for car allowance so long as he uses his car in connection with his office. Salary. (4) Said assistant solicitor shall have been a resident of the county of his appointment for a period of not less than one year prior to his appointment, he shall be at least 21 years of age at the time of assuming office and shall have been admitted to the bar of Georgia and qualified to practice law. Qualifications. 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 24, 1953. RICHMOND COMMISSIONERSAMENDMENT. No. 219 (House Bill No. 436). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Richmond, to define their powers and duties, and for other purposes, approved August 19, 1907, (Acts 1907, p. 324), as amended by the Act, approved August 16, 1920, (Acts 1920, p. 606), and also as amended by an Act, approved August 15, 1927 (Acts 1927, p. 649), and also as amended by an Act, approved August 20, 1929 (Acts 1929, p. 711), and also amended by an Act approved February 27, 1947, (Acts 1947, p. 225), by striking the words and figures five thousand ($5,000.00) dollars, wherever they appear in said Act, and inserting in lieu thereof the words and figures five thousand two hundred and fifty ($5,250.00) dollars. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that, from and after the passage of this Act, the Act of 1907 entitled An Act to create a Board of

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Commissioners of Roads and Revenues for the County of Richmond, to define their powers and duties, and for other purposes, approved August 19, 1907, (Acts 1907, p. 324), as amended by the Act, approved August 16, 1920, (Acts 1920, p. 711), and also amended by an Act approved February 27, 1947, (Acts 1947, p. 225) be, and the same is hereby amended by striking the words and figures five thousand ($5,000.00) dollars wherever they appear in said Act, and inserting in lieu thereof the sum of five thousand two hundred and fifty ($5,250.00) dollars. Acts amended. Section 2. There is attached to and made a part of this Act a copy of the notice published in The Augusta Chronicle, the newspaper in which sheriff's advertisements for Richmond County are published, certified by the publisher that the said notice has been published as required by law. Section 3. Be it further enacted by the authority aforesaid that this Act shall be retroactive to January 1st, 1953, upon its adoption and approval. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this amendment be, and the same are hereby repealed. Affidavit of Publication. Attorney or Agency, Frank H. Pierce. Business, County Attorney. State of Georgia, Richmond County. Personally appeared, Pat H. Rice, who being duly sworn says that he is the business manager of Newspaper Printing Corp., agent for The Augusta Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Create a Board of Commissioners of Roads Revenues for Richmond County duly appeared in said newspaper on the following dates to wit: January 17-23-30, 1953.

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/s/ Pat H. Rice. Sworn to and subscribed before me, this 31st day of January, 1953. /s/ Geo. M. Peters, Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal). Notice. Notice is hereby given that there will be submitted to the January session, 1953, of the General Assembly of Georgia, an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Richmond County, Georgia, to define their power and duties, and for other purposes, to provide that the clerk to the board of commissioners shall be paid an annual salary not to exceed $5,250.00 per annum. Frank H. Pierce, County Attorney. Jan. 17, 23, 30, 1953. Approved February 24, 1953. COBB COUNTYCOMPENSATION OF CERTAIN OFFICERS. No. 220 (House Bill No. 430). An Act to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, so as to change the compensation of the sheriff, his chief deputy, the clerk, his chief deputy, and the ordinary; to repeal conflicting

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laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County from the fee system to the salary system as provided by Article XII, Section II, Paragraph II, of the Constitution of the State of Georgia of 1945; to make provision for the appointment, selection, and employment of assistant deputies and clerical help in the offices of the officials of Cobb County above enumerated; to make provisions regulating the carrying out of said changes; to regulate the disposition of fees and costs; and for other purposes, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended by an Act approved February 8, 1951 (Ga. Laws 1951, p. 2279) and an Act approved February 13, 1952 (Ga. Laws 1952, p. 2529) is hereby amended by striking from Section 2, relating to compensation of the clerk, sheriff and ordinary, the figure $7,500.00 and substituting in lieu thereof the figure $8,250.00, so that Section 2 when so amended shall read as follows: Section 2. That the salary of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County shall be $8,250.00 each per annum, each of said officials to be paid monthly from funds in the county treasury. Clerk of superior court, sheriff, ordinary. Section 2. Said Act as amended is further amended by striking from Section 4, relating to the deputy clerk of the superior court the figure $4,800.00 and substituting in lieu thereof the figure $5,280.00, so that said Section 4 when so amended shall read as follows: Section 4. That the Clerk of the Superior Court of Cobb County shall have a deputy clerk whose salary shall be $5,280.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of Clerk of the Superior Court of Cobb County shall

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on the date of his qualification for such office in either a primary or general election certify to the Ordinary of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk, and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have thirty days from said date of death or removal from office of said deputy clerk to certify to the Ordinary of Cobb County the name of the new deputy clerk to be appointed by him. That in addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of the office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the Commissioner of Roads and Revenues and the Advisory Board of Cobb County. Deputy clerk, etc. Section 3. Said Act as amended is further amended by striking from Section 5, relating to deputy sheriffs, the figure $4,800.00 and substituting in lieu thereof the figure $5,280.00 so that said Section 5 when so amended shall read as follows: Section 5. That the Sheriff of Cobb County shall have one chief deputy whose salary shall be $5,280.00 per annum to be paid monthly from the funds in the county treasury. Said chief deputy shall offer for said office and be selected to same at the same time as the said sheriff offers for office and is elected. That in the event the office of the sheriff becomes vacant by death, resignation or otherwise, the vacancy shall be filled for the remaining unexpired terms thereof by the said chief deputy who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the Sheriff of Cobb County. That in addition to the said chief deputy the said sheriff shall be authorized and empowered to name and appoint additional deputies as

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shall be approved from time to time by the Commissioner of Roads and Revenues and the Advisory Board of Cobb County. The salaries of said additional deputies shall be set by the Commissioner of Roads and Revenues and Advisory Board of Cobb County provided, however, that said salaries shall not exceed $4,200.00 per annum per each additional deputy approved by the said Commissioner of Roads and Revenues and Advisory Board of Cobb County. In addition to the said chief deputy and other deputies above provided for, the Sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the Commissioner of Roads and Revenues and the Advisory Board of Cobb County. Deputy sheriff, etc. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher 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, changing the compensation of the Sheriff, his Chief Deputy, the Clerk of the Superior Court, his Chief Deputy, and the Ordinary of Cobb County, and for other purposes, was published in the Cobb County Times in its editions of January 1, 8, and 15, 1953. M-1 Notice of Intention to Introduce Local Legislation Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly of Georgia a bill changing the compensation

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of the Sheriff, his Chief Deputy, the Clerk of the Superior Court, his Chief Deputy, and the Ordinary of Cobb County; and for other purposes. This 30th day of December, 1952. Fred D. Bentley, Ben H. Smith, Harold S. Willingham, Representatives-Elect, Cobb County. 1:1-18-15 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 16th day of January, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Timse. Subscribed to and sworn to before me, a notary public, this 16th day of January, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. Notary Public, Cobb County, Georgia. (Seal). My commission expires September 14, 1956. Approved February 24, 1953. COBB TAX COMMISSIONER'S COMPENSATION. No. 221 (House Bill No. 431). An Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Cobb County into the office of Tax Commissioner of Cobb County, approved

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February 17, 1949 (Ga. Laws 1949, p. 790), as amended, so as to change the compensation of the tax commissioner and his chief clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act consolidating the office of Tax Receiver and Tax Collector of Cobb County into the office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. Laws 1949, p. 790), as amended by an Act approved February 12, 1951 (Ga. Laws 1951, p. 2374), is hereby amended by striking from Section 3, relating to the salary of the tax commissioner, and his chief clerk, the figure $7,500.00 and substituting in lieu thereof the figure $8,250.00, and by striking the figure $4,800.00 and substituting in lieu thereof the figure $5,280.00, so that Section 3 when so amended shall read as follows: Section 3. That the salary of said tax commissioner shall be $8,250.00 per annum to be paid monthly from funds in the county treasury. The tax commissioner shall be allowed one chief clerk whose salary shall be $5,280.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of Tax Commissioner of Cobb County shall on the date of his qualifying for such office in either a primary or general election, certify to the Ordinary of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of Tax Commissioner of Cobb County, and the person so named and certified by the successful candidate for such office shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk the Tax Commissioner of Cobb County shall have thirty days from said date of death or removal from office of said chief clerk to certify to the Ordinary of Cobb County the name of the chief clerk to be appointed by him. Commissioner and clerk.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher 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, changing the compensation of the Tax Commissioner of Cobb County and his chief deputy; and for other purposes, was published in the Cobb County Times in its editions of January 1, 8, and 15, 1953: Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly of Georgia a bill changing the compensation of the Tax Commissioner of Cobb County and his chief Deputy; and for other purposes. This 30th day of December, 1952. Fred D. Bentley Ben H. Smith Harold S. Willingham Representative-Elect, Cobb County. 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 the 16th day of January, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times. Subscribed to and sworn to before me,

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a Notary Public, this 16th day of January, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Notarial Seal Affixed). Approved February 24, 1953. SUMMERVILLE CHARTER AMENDMENTS. No. 222 (House Bill No. 441). An Act to amend an Act incorporating the City of Summerville, approved August 16, 1909 (Ga. Laws, 1909, p. 1366), as amended, so as to provide that the city elections shall be held on the second Saturday in December of each year instead of the first Saturday in January; to provide for a different time of closing the registration books; to change the time of furnishing the mayor with the voters' lists; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the City of Summerville in lieu of the Town of Summerville, approved August 16, 1909 (Ga. Laws 1909, p. 1366), as amended, is hereby amended by striking from Section 6 the words first Saturday in January and substituting in lieu thereof the words the second Saturday in December so that said Section 6, when amended, shall read as follows: Sec. 6, Act of 1909, amended. Section 6. The mayor and such councilmen of said city shall be elected on the second Saturday in December of each year for the term of two years, and until their successors are elected and qualified. The present officers of the Town of Summerville shall serve as officers of the

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City of Summerville till the next election. If an election is not held at the prescribed time, a special election may be called by the city council, or according to the provisions of Section 692 of the Code of Georgia, Volume 1. Vacancies existing in the city council may be filled at any time by a special election to be called for that purpose by a majority of the remaining members of the city council, of which election ten days' public notice shall be given. In case there is only one candidate for mayor and for each councilmanship, the election may be held for all at one place, which place shall be the county courthouse, and all electors of said city may cast their votes for all such candidates. In case there are more than one candidate for mayor, all the electors of said city may vote for one of such candidates. In case there are more than one candidate in any ward for councilman for such ward, it shall be the duty of the city council to cause an election to be held in such place as they may designate and in such manner as to allow the electors of the various wards to vote only for candidates of such ward. Where any question shall be submitted to the electors of said town, one election shall be held, the same to be at the county courthouse. Elections. Section 2. Said Act is further amended by striking from Section 10 of said Act as amended the words December 1st and the words 15th of December and substituting in lieu thereof the words November 1st and the 15th of November so that said Section 10, as amended, shall read as follows: Sec. 10 amended. Sec. 10. Registration of voters for the general election for mayor and councilmen shall be had in the following manner: Annually, by the first of October, the clerk of the city council or some other person whom the city council may appoint shall open one or more registration books in which any person desiring to be registered as a voter may sign his name, thereby subscribing an oath printed or written above, which oath shall be so framed as to cause the subscriber to swear to the fact of his possessing the qualification of a voter as set forth in Section 8 of this Act. Registration of voters.

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The signature may be made by mark, provided the officer in charge of said books read said oath to the person signing by mark and attest the signature. The clerk of the council and other persons authorized by the city council to have charge of said books are hereby empowered to administer said oath. Said registration books shall be closed by 6 o'clock p.m. November 1st of each year, and the clerk or council shall forthwith furnish to the mayor a complete list of all persons registered in said books at any time on or before the 15th of November, any citizen of said town may make written objection specifying that any one or more persons named in said list are not legal voters. Whereupon the mayor shall cause to be given to the person so challenged at least two days' written notice, personally, or by leaving at his most notorious place of abode, if he be absent from the city, of the fact of the challenge and of the time and place a hearing will be had. The mayor shall hear the question, and if it appears that such person is not legally qualified to vote, shall erase his name from the list. He shall then casue to be furnished to the managers of election a list of those registered and not thus remove from the list, and the manager shall allow those persons whose names are on the list to furnish them by the mayor and no others to vote at said election. The city council may provide the duties required of the mayor in this section shall be discharged by a board of three registrars to be appointed by them. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that within the next 60 days there will be introduced in the General Assembly of Georgia an Act to amend that certain Act approved August 16, 1909, which appears in the Act of 1909 at pages 1366 to 1380, inclusive, same being the Act incorporating the City of Summerville. /s/ Paul B. Weems, Representative of Chattooga County.

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Jan. 1-8-15 Georgia, Chattooga County. Before me, an officer duly authorized to administer oaths, appeared Paul B. Weems, who on oath states that he is a Member of the House of Representatives from Chattooga County, and that the above advertisement of notice of intention to introduce local legislation was published on January 1, 9, 15th of 1953, in the Summerville News, which is the official organ of Chattooga County. /s/ Paul B. Weems, Representative of Chattooga County. Sworn to and subscribed before me, this 24th day of January, 1953. /s/ John S. Jones, Clerk Superior Court. Clerk's Seal Affixed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that within the next 60 days there will be introduced in the General Assembly of Georgia an Act to amend that certain Act approved August 16, 1909, which appears in the Acts of 1909 at pages 1366 to 1380, inclusive, same being the Act incorporating the City of Summerville. /s/ Paul B. Weems, Representative of Chattooga County. Jan. 1-8-15. Approved February 24, 1953.

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WAYNE COUNTYTAX APPRAISALS. No. 225 (House Bill No. 514). An Act to provide for employment of tax experts for Wayne County; to provide the procedure therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Board of Commissioners of Wayne County is hereby authorized and empowered to employ and contract with persons skilled in matters pertaining to county taxation for the purpose of assisting the board of tax assessors for said county in assessing and appraising property in said county. Such persons are hereby specifically authorized to make recommendations regarding all matters of taxation relating to Wayne County, and may perform such duties as the board of commissioners and the board of tax assessors shall designate. The board of commissioners is hereby expressly given the authority to compensate such persons from the general funds of the county. Tax experts. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: This is to certify that the undersigned on oath says that he is the owner and publisher of The Jesup Sentinel, and that the attached article appeared three times in The Jesup Sentinel, as follows December 25, 1952, January 1, 1953 and January 8, 1953. /s/ W. B. Rhoden, W. B. Rhoden, Owner. /s/ Robert L. Harrison, Witness.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia a local bill which shall give to the Commissioners of Roads and Revenues of Wayne County the power to employ tax experts and to make recommendations about the tax systems and to perform other duties; and for other purposes. This 15th day of December, 1952. /s/ Robert L. Harrison, Representative, Wayne County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administor oaths, Robert L. Harrison, who, on oath, deposes and says that he is Representative from Wayne County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jesup Sentinel, which is the official organ of Wayne County, on the following dates; Dec. 25, 1952, Jan. 1, 1953 and Jan. 8, 1953. /s/ Robert L. Harrison, Representative, Wayne County. Sworn to and subscribed before me, this 9 day of Feb., 1953. /s/ Janette Hirsch, Notary Public (Seal). Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Approved February 25, 1953.

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GRIFFIN-SPALDING COUNTY SCHOOL SYSTEM. No. 227 (House Bill No. 415). An Act pursuant to amendments to the Constitution of the State of Georgia ratified at the general election held throughout the State of Georgia on November 4, 1952, abolishing the independent school system of the City of Griffin and the independent school system of the County of Spalding lying outside the corporate limits of Griffin, and creating the Griffin-Spalding County School System; providing for the creation of ten districts in Spalding County from which members of the Griffin-Spalding County Board of Education shall qualify; providing for the terms, qualifications, and the time and manner of the election of such board members; providing for the organization of said board and the filling of vacancies therein; providing for a seal for said board; providing for the employment of all personnel necessary to the administration of said school system, and the fixing of their salaries and qualifications by said board; providing for the selection of a superintendent of education of said school system and his duties and terms of employment; providing for the execution of contracts and for purchases on behalf of said school system; providing for the disbursement of funds of said school system; providing authorization to said board to make said school system subject to the workmen's compensation laws of Georgia; providing for the assessment of taxes, and rate thereof, for the purposes of said school system, and disposition of existing and unpaid taxes; providing that said board may incur temporary loans, and the amount and manner of incurring the same; providing that said school system is authorized to incur bonded indebtedness for the purposes thereof, and the manner of the exercise of such authorization; providing that said board shall have the powers of eminent domain for school purposes, and the manner of execution of such powers; providing that the City of Griffin and Spalding County may appropriate moneys from general funds to said board of education for educational purposes, and that said board may

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accept said funds and any other donations, and expend them for school purposes; providing for the sale and disposal of school property no longer suitable for purposes of said school system, the manner of such disposition, notice of decision for disposition, and right of appeal by interested parties; providing that said school system shall be subject and entitled to the provisions of the teachers retirement system of Georgia; providing that except as otherwise provided by this Act and said constitutional amendments, said school system and board shall be subject to, and enjoy the benefits of, laws of Georgia and the Constitution of said State, applicable to county school systems and county boards of education; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That this Act is enacted pursuant to amendments of the Constitution of the State of Georgia, said amendments having been ratified at the general election held throughout the State of Georgia on November 4, 1952; said amendments providing for the merger of the existing school system and school district of the City of Griffin and the existing school district in the County of Spalding lying outside the corporate limits of said city, into one school district coextensive with the limits of Spalding County, providing for a board of education for such consolidated school system and for the initial appointment of said consolidated board, authorizing the incurring of bonded indebtedness by said consolidated school system for school purposes, providing for the enactment by the General Assembly of Georgia of any and all enabling legislation for the operation, conduct and control of said school system and its fiscal affairs, providing for the operation of said school system from the effective date of said constitutional amendments to the passage of enabling legislation, and providing for the selection and appointment of a superintendent of the Griffin-Spalding County School System, his term of office, qualifications and salary, and for other purposes.

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Section 2. That there is hereby created in that portion of Spalding County lying outside the corporate limits of the City of Griffin, five districts (which may be referred to as County Districts) to be known as District 1, District 2, District 3, District 4 and District 5, said districts to be made up of the following militia districts of said county: District 1: Georgia Militia District 1825 (Experiment); District 2: Georgia Militia Districts 1830 (East Griffin) and 1065 (Orrs); District 3: Georgia Militia Districts 1069 (Africa) and 1068 (Union); District 4: Georgia Militia Districts 490 (Cabin) and 1066 (Akin); District 5: Georgia Militia Districts 1067 (Mt. Zion) and 1159 (Line Creek). Except as herein provided otherwise, one member of the Griffin-Spalding County Board of Education shall be qualified for election from each of said five numbered districts. County districts. Section 3. That there is hereby created in that portion of Spalding County lying within the corporate limits of the City of Griffin, five districts (which may be referred to as City Districts), to be known as District 1, District 2, District 3, District 4 and District 5. Said five districts shall each contain the following designated portions of the City of Griffin: District 1: That portion of said city lying within the First Ward as now, or hereafter, delineated; District 2: That portion of said city lying within the Second Ward as now, or hereafter, delineated; District 3: That portion of said city lying within the Third Ward as now, or hereafter, delineated; District 4: That portion of said city lying within the Fourth Ward as now, or hereafter, delineated; District 5: The entire geographical limits of said City of Griffin as now, or hereafter, delineated. Except as herein otherwise provided, one member of the Griffin-Spalding County Board of Education shall be qualified for election from each of said five numbered districts. City districts. Section 4. All candidates for election to the Griffin-Spalding County Board of Education shall at the time of their election be at least twenty-five years of age, persons of good moral character, and, in case of candidate qualifying for county districts, shall have been a resident

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of the county district from which they qualify for at least six months, and, in case of candidate qualifying from city districts, shall have been a resident of the City of Griffin and the district therein from which they qualify, for at least six months. Members. At the first election for members of the Griffin-Spalding County Board of Education, the term of members elected for County Districts 1 and 4 shall be for a term of one year from January first next succeeding their election. The term of such members for County Districts 2, 3 and 5, shall be for a term of three years from said date. The term of members elected for City Districts 3 and 5 shall be for a term of one year from the aforesaid date, and the term of members elected for City Districts 1, 2 and 4 shall be for a term of three years from said date. All members so elected shall hold office until their successors are elected and qualify. The term of all members of said Griffin-Spalding County Board of Education elected after the first election for such members, shall be for a term of four years from January first next succeeding their election, and until their successors are elected and qualify. Terms, election. Section 5. All candidates for election as members of the Griffin-Spalding County Board of Education shall qualify by filing written notice of their candidacy with the Commissioners of Roads and Revenues of the County of Spalding or with the Commissioners of the City of Griffin, all such candidates from city districts to file with the commissioners of said city, and all such candidates from county districts to file with the commissioners of roads and revenues of said county. Beginning sixty days prior to the date upon which the election of board members is to be held, and for a period of twenty days thereafter, such notices may be filed. In the event that at the end of said twenty-day period no person has qualified as a candidate from any one or more of the ten districts herein created, any qualified person in that portion of Spalding County lying outside the City of Griffin, with respect to the five county districts, and any qualified person living in the City of Griffin, with respect to the five

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city districts, may qualify for election as a candidate from that district or districts for which no notice of candidacy has been filed, if such qualification is made within a period of ten days from the end of the said twenty-day period. No one may qualify after such ten-day period has past. Notice of candidacy. Section 6. The first election for members of the Griffin-Spalding County Board of Education shall be called and held by the Ordinary of Spalding County, Georgia, in the manner provided for the calling and holding of elections for county officers, on the first Tuesday after the first Monday in November, 1953. All succeeding elections for members of the Griffin-Spalding County Board of Education shall be held on the first Tuesday after the first Monday in November in the even-numbered years, and shall be held in the manner of elections for members of the General Assembly. No primary election shall be held with respect to members of said board of education. Time of elections. Section 7. All members of the Griffin-Spalding County Board of Education qualifying from the aforesaid county districts shall be elected by the majority vote of the electors qualified and voting thereon who reside outside the city limits of Griffin, and all members of said board qualifying from the aforesaid city districts shall be elected by the majority vote of the electors qualified and voting thereon who reside within said corporate limits of Griffin. Vacancies. Section 8. The death or resignation of a member of said board, or his physical or mental disability to perform his duties, or the removal of a member from the district from which he qualified and continuous residence elsewhere for a continuous period of two months, or the failure of such member to attend three consecutive regular meetings of the board (treating as such regular meeting for this purpose, any special meeting called of which such member receives due notice) unexcused by the majority vote of the remaining members of said board, shall be deemed to create a vacancy on the board with respect to such member. Any vacancy on said board shall be filled by the majority vote of the remaining members at a meeting

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duly called and held for that purpose, the person designated to fill such vacancy to be from the particular district with respect to which such vacancy occurs; provided, that if said board is unable to fill said vacancy with a fit and qualified person from said district, then the board shall be at liberty to fill said vacancy by electing a qualified person residing in any other school district in that portion of Spalding County in which such district lies and with respect to which the vacancy occurred; provided, that a vacancy with respect to a county district shall, in any event, be filed only by a person residing in the same or some other county district; and similarly with respect to vacancies in city districts. If the unexpired terms of the member creating such vacancy shall expire at the end of the calendar year in which it occurs and which is also a year in which elections for board members are to be held, as herein provided, then the board may fill such vacancy for the unexpired term; otherwise, said board may fill such vacancy only for the period ending December 31 of the next succeeding calendar year in which elections for such board members are to be held, at which such election a member of said board shall be elected to fill the remainder of the unexpired term. Any such vacancy so filled shall be until the successor thereto is elected and qualified. Section 9. Each member of the board of education, upon assuming his office, shall take an oath faithfully to perform the duties of his office as such member. Compensation paid to members of said Griffin-Spalding County Board of Education shall by only that now or hereafter provided for members of county boards of education by the general laws of Georgia. Oath, compensation. Section 10. The Griffin-Spalding County Board of Education is hereby authorized to provide for the holding of such meetings, regular or special, as it may see fit, and to make provision for the time, place, and manner of calling and holding the same. It shall, at the first board meeting in each calendar year, select a chairman and vice-chairman, secretary and treasurer and said board

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may select and designate such other officers as it deems necessary to the administration of its duties and the administration of said school system. Said chairman and vice-chairman, and other officers, shall hold office until the last meeting in the year for which elected and until their successors are elected. Meetings. Officers. Section 11. Said board of education may adopt an official seal, for use when necessary, the wording on said seal to read: Griffin-Spalding County School System. Created 1952. Seal. Section 12. The Griffin-Spalding County Board of Education shall have the power to employ and fix the salaries of any and all personnel necessary to effectuate the proper administration of said school system, including a superintendent of education for said system. The duties of the superintendent of education shall be the same as those of county superintendents of schools under the general laws of Georgia, but such duties may be decreased, increased, or otherwise modified by action of said board. The duties of any other personnel appointed by said board shall be such as the board may designate, and in the absence of such designation shall be the same as the duties of their respective classes under the general laws of Georgia. Personnel. Superintendent. Section 13. That said board of education may enter into written contracts with teachers and other personnel of said system, and into contracts for transportation of pupils, but none of such contracts shall be made for a longer period than twelve months; except that said board may enter into a written contract with a superintendent of education for any period not exceeding four (4) years. Contracts. Section 14. All contracts, bonds and other evidence of indebtedness entered into or issued or incurred by said board shall be signed on behalf of the board by the chairman (and in his absence by the vice-chairman) and attested by the secretary, or any other officer designated by the board; except that contracts with teachers and other personnel shall, when so authorized by the board,

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be executed by the superintendent of education alone, and that contracts for supplies, labor and repairs may be made on behalf of the board by the superintendent alone where the expenditure involved for any one commitment does not exceed such amount as may from time to time be fixed by the board. Section 15. All disbursements of funds of said school system shall be by check signed by the treasurer of said board, and in the case of the absence or disability of the treasurer, by such other person as the board may designate. In the discretion of said board, the superintendent of education may be designated as treasurer, with such bond for the performance of his duties as such as the board may fix. Expenditures. Section 16. The board of education is authorized, in its discretion, to make the Griffin-Spalding School System and its employees subject to the provisions of the Workmen's Compensation Law of said State of Georgia in the same manner as said Workmen's Compensation Law now or hereafter applies to municipal corporations and their employees. Workmen's compensation. Section 17. That for the purpose of providing funds for the said Griffin-Spalding County School System, returns for taxation of all property in said County of Spalding liable for taxation shall be made to the same officials, county and State, as in case of returns of taxes for county and State purposes, and the same provisions, as to time, method and officials and boards in which powers are vested under the laws of Georgia relating to State and county taxes, shall be applicable to taxation for any of the purposes of said school system, including the time, place and manner of assessments, payment and collection of taxes, date, rank and fixation of tax liens, issuance and levy of exeuctions, affidavits of illegality and other defenses, and all other methods and provisions provided under the laws of Georgia with respect to such taxation. Taxation. That the Board of Education of said Griffin-Spalding

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County School System shall annually, within the time required by law, recommend to the Commissioners of Roads and Revenues of Spalding County the rate of the levy necessary to be made for taxes for the support and maintenance of said school system; and said commissioners shall levy a tax, to the extent now or hereafter permitted by the Constitution and laws of Georgia, as recommended by said board. All liens for school taxes unpaid at the effective date of this Act, whether arising for the benefit of the heretofore existing independent school system of the City of Griffin or for the benefit of the existing school district in Spalding County outside the corporate limits of Griffin, shall remain of full force and effect and all powers provided for the enforcement thereof shall also remain of full force and effect. All such unpaid school taxes shall accrue to the benefit of said Griffin-Spalding County School System. Section 18. That in addition to obligations allowed to be incurred by the provisions of the aforesaid Constitutional amendments and the general and special laws of Georgia, authority is hereby given to the said board of education to make temporary loans in each year for the benefit of said school system, for its support and maintenance, the temporary loans to be made between January first and December thirty-first in each year to pay the expenses of said support and maintenance for such year. Temporary loans. The aggregate amount of temporary loans outstanding at any one time shall not exceed the total gross income of said Griffin-Spalding County School System from all sources during the preceding calendar year; and the aggregate amount of temporary loans which may be made for the benefit of said school system for the calendar year 1953 shall not exceed the total gross income from all sources of the heretofore existing independent school system of the City of Griffin and of the heretofore existing school system of Spalding County outside the corporate limits of Griffin, for the calendar year 1952.

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Any such loan shall be payable on or before December thirty-first of the calendar year in which made, and no loan may be made in any year when there is a loan then unpaid which was made in a prior year. Any person, firm or corporation making temporary loans to said school system may rely exclusively upon the resolution of said board of education authorizing said loan so far as concerns compliance with all requirements of law of said loan or loans. Section 19. Said Griffin-Spalding County School system is hereby authorized to incur bonded indebtedness, and to issue bonds and evidences of indebtedness, for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings and related facilities, for school, education and physical development and for acquiring the necessary property therefor, and paying the expenses incident thereto. The authorization and issuance of any such bonds shall, except as otherwise required by law or provided herein be in the manner heretofore applicable with respect to the issuance of similar bonds by the Commissioners of Roads and Revenues of Spalding County for school purposes. Bonded indebtedness Section 20. Said board of education is hereby granted all the powers of eminent domain necessary to the proper administration of said school system, with all the remedies to execute such powers provided by any other laws of Georgia. Eminent domain. Section 21. The City of Griffin and the County of Spalding are hereby authorized to appropriate money from their general funds to the said board of education for educational purposes, and said board of education is hereby authorized to accept and expend for such purposes any moneys so appropriated and also any moneys or property donated to said board by any other person, firm or corporation. Funds. Section 22. Any property of said Griffin-Spalding County School System which, in the opinion of said board

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of education, is no longer suitable for its purpose may be sold, exchanged or otherwise disposed of in such manner as the board may deem fit, at its fair market value, and the proceeds used exclusively for school purposes. Public notice of any such decision of said board to sell, exchange or otherwise dispose of such property shall be given by publication thereof in the official organ of Spalding County, Georgia, for five consecutive (excluding Sunday) issues thereof, and any qualified elector or other interested person may, within said five-day period, appeal said decision to the Superior Court of Spalding County, Georgia, by filing written notice of appeal with the secretary or any member of said board, and the disposition of said appeal shall be in the same manner as provided for appeals to the superior court from judgments of justices of the peace. Provided, however, that no such public notice shall be given when the property involved is personal property. Disposal of property. Section 23. That said Griffin-Spalding County School System and teachers employed by it shall be subject and entitled to the provisions of the teachers retirement system of said State of Georgia as now established and as may hereafter be amended. Retirement. Section 24. That except as otherwise provided in this Act and the aforesaid constitutional amendments, the said Griffin-Spalding County School System and said board of education shall be subject to, and shall have and enjoy all the rights, benefits and privileges granted by, the laws of the State of Georgia, and its Constitution, applicable to county school systems and county boards of education. Section 25. That should any provision of this Act, or its application to any particular situation or circumstance, be declared invalid for any reason, such invalidity shall not affect or impair portions of this Act not so held to be invalid. Section 26. That all parts of laws in conflict with this Act are hereby repealed where they would limit the

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powers herein granted; but laws and parts of laws which, while differing from the provisions of this Act, yet add to rather than take from the powers herein granted, are not repealed hereby. Section 27. That this Act shall become effective upon approval thereof. Section 28. 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. Georgia, Spalding County. Personally appeared before me, a notary public, the undersigned Carey Reeves who on oath says that he is the manager of the Griffin News, a newspaper published in the City of Griffin, Spalding County, Georgia, being of general circulation and being the legal organ for the County of Spalding, 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 10-13-20, 1953; Griffin News. /s/ By Carey Reeves. Sworn to and subscribed before me, this 28 day of Jan. 1953. /s/ Jesse O. Futral Notary Public of Spalding County, Georgia. Legal-8865. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the

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undersigned to introduce at the 1953 session of the General Assembly of Georgia legislation implementing the provisions of an amendment to Article VIII, Section V, Paragraph I and Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945, which amendment provided for the merger of the school system of the City of Griffin and the County of Spalding, and was ratified by the people at the general election on November 4, 1952. Said amendment may be found in Georgia Laws 1952, page 554. This 8th day of January, 1953. /s/ E. G. Harper, Representative, Spalding County. /s/ Arthur K. Bolton, Representative, Spalding County. Approved February 25, 1953. HOUSTON COMMISSIONERS' COMPENSATION. No. 228 (House Bill No. 479). An Act to amend an Act creating a Board of County Commissioners for Houston County; providing for the duties, powers and compensation of such board, approved August 15, 1922 (Ga. Laws 1922, p. 372), so as to provide that each member of said board of county commissioners be paid fifty dollars ($50.00) per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a Board of County Commissioners for Houston County; providing for the duties, powers and compensation of such board, approved August 15, 1922 (Ga. Laws 1922, p. 372), is hereby amended by

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striking from Section 3 of said Act the words one hundred and inserting in lieu thereof the words six hundred, so that said Section 3 when so amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that for his services as such each of said commissioners shall be paid the sum of six hundred dollars per year, said sum to be paid monthly out of the county treasury. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, which convened on the second Monday in January, 1953 a bill to be entitled: An Act to amend the Act creating the office of County Commissioners of Roads and Revenue for Houston County, Georgia, and to provide for the increase of salaries for the commissioners; and for other purposes. /s/ J. W. Bloodworth, Representative, Houston County, Georgia. Georgia, Houston County; I, Cooper Etheridge, hereby certify that I am the publisher of the Houston Home Journal and that the above notice was published in said paper, the same being the public gazette of said county, in three separate editions of said newspaper to wit; January 19 and 26, and Feb. 5, 1953. /s/ Cooper Etheridge, Publisher. Sworn to and subscribed before me, this the 5th day of February, 1953.

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/s/ J. O. Etheridge, N. P. H. Co. Ga. (Seal). Approved February 25, 1953. CAMILLA TREASURER. No. 229 (House Bill No. 481). An Act to provide that the Mayor and Council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be City Treasurer of Camilla; to provide that the city clerk may be appointed; to provide for compensation of the city treasurer; to provide for the term of the city treasurer; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The City Treasurer of the City of Camilla shall be appointed by the mayor and council of said city. The term of office of said city treasurer shall be in the discretion of the mayor and council of said city, but in no event shall the term exceed two years. Said city treasurer shall be removed at the will of the mayor and council of said city. Treasurer. Section 2. The mayor and council of said city shall have the power to appoint any person, firm or corporation, including the city clerk, as city treasurer, and shall designate the powers and duties of said city treasurer. The compensation of said city treasurer shall be in the amount designated by the mayor and council but shall not exceed fifty dollars ($50.00) per month. Compensation. Section 3. The present city treasurer of said city shall hold office until the expiration of his term for which elected.

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Section 4. Not less than one hundred eighty (180) nor more than two hundred ten (210) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Camilla to issue the call for an election for the purpose of submitting this Act to the voters of the City of Camilla for approval or rejection. The date of the election shall be set and held not less than twenty (20) nor more than thirty (30) days from the date of the issuance of such call. The date and purpose of this election shall be published once a week for two weeks prior to the date thereof in the official organ of the City of Camilla. The ballot shall have printed thereon the words: For approval of the Act providing that the City Treasurer of Camilla shall be appointed by the Mayor and Council.; and Against approval of the Act providing that the City Treasurer of Camilla shall be appointed by the Mayor and Council. Referendum. Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Camilla, and it shall be the duty of the governing authority of the City of Camilla to canvass the returns and certify the results of the election. It shall be the further duty of the governing authority of the City of Camilla to certify the results thereof to the Secretary of State. Notice of Legislation. To Whom It May Concern: Notice is hereby given that I will introduce at the 1953 session of the General Assembly of Georgia, which convened on January 12th, 1953, a bill affecting the City of Camilla, which will amend an Act creating a new charter for the City of Camilla, approved August 19, 1907 (Ga.

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Laws 1907, p. 505), as amended, so as to abolish the office of city treasurer as now constituted at the end of the term of the present city treasurer; to provide for the city clerk to act as treasurer of said city; to provide for a referendum of the qualified voters of the City of Camilla; to repeal conflicting laws and for other purposes. This the 16th day of January 1953. /s/ Frank S. Twitty, Representative, Mitchell County. Georgia, Mitchell County. I, B. T. Burson, being first duly sworn on oath says: that I am editor and publisher of the Camilla Enterprise, a weekly newspaper and 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 January 234d, January 30th and February 6th, 1953. /s/ B. T. Burson. Sworn to and subscribed before me, this the 7th day of February, 1953. /s/ Hazel Bullard, Notary Public, Georgia State at Large. My commission expires Feb. 1, 1954. (Seal). Approved February 25, 1953. BYRON CHARTER AMENDED. No. 230 (House Bill No. 476). An Act to change the name of the Town of Byron, created by an Act approved August 13, 1903 (Ga. Laws

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1903, p. 471), as amended by an Act approved February 13, 1941 (Ga. Laws 1941, p. 1210), to the City of Byron; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. From and after the passage of this Act, the name Town of Byron, created by an Act approved August 13, 1903 (Ga. Laws 1903, p. 471), as amended by an Act approved February 13, 1941 (Ga. Laws 1941, p. 1210), shall be changed to City of Byron. City of Byron. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Peach County. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the 1953 regular session of the General Assembly of Georgia, for the passage and approval of a bill to be entitled substantially as follows: An Act to amend an Act entitled An Act to create and establish a new charter for the Town of Byron, in the County of Peach, State of Georgia, etc., approved February 13, 1941 (Ga. Laws, 1941 pp. 1210-1252), so as to change the corporate name of the said Town of Byron to City of Byron; to repeal all conflicting laws; and for other purposes. This 17th day of January, 1953. /s/ F. B. Little, Representative, Peach County, Georgia. Georgia, Peach County. Personally appeared before the undersigned officer

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authorized by law to administer oaths, Daniel Grahl, who, on oath, says that he is the owner and publisher of the Fort Valley Leader-Tribune, the official organ of Peach County, Georgia, and that the foregoing notice of intention to apply for local legislation was published in the Fort Valley Leader-Tribune in the issues of January 22 and 29 and of February 5, 1953. /s/ Daniel Grahl Sworn to and subscribed before me, this 5 day of February, 1953. /s/ W. D. Aultman, Notary Public, Peach County, Georgia. (Notarial Seal Affixed). Approved February 25, 1953. HOUSTON TAX RECEIVER. No. 231 (House Bill No. 480). An Act to provide that the Tax Receiver of Houston County shall be paid from ad valorem school tax collected for the county board of education a commission of one per cent (1%) of the net amount collected by the county tax collector; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Tax Receiver of Houston County shall be paid from the ad valorem school tax collected for the county board of education a commission of one per cent (1%) of the net amount collected. Commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, which convened on the second Monday in January, 1953, a bill entitled; An Act to provide that the Tax Receiver of Houston County, Georgia, shall be paid from the ad valorem school tax collected for the county board of education a commission of one per cent (1%) of the net amount collected by the county tax collector; to repeal conflicting laws; and for other purposes; /s/ J. W. Bloodworth, Representative, Houston County, Georgia. Georgia, Houston County: I, Cooper Etheridge, hereby certify that I am the publisher of the Houston Home Journal 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 newspaper, to wit, Jan. 19, and 26, and Feb. 5, 1953. /s/ Cooper Etheridge, Publisher. Sworn to and subscribed before me, this the 5th day of February, 1953. /s/J. P. Etheredge, N. P. Ex Off J. P. Approved February 25, 1953. RICHLAND CHARTER AMENDED. No. 232 (House Bill No. 473). An Act to amend an Act creating a new charter for the City of Richland, County of Stewart, approved August

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16, 1922 (Ga. Laws 1922, p. 925), so as to change the date of the election of mayor and council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Richland, County of Stewart, approved August 16, 1922 (Ga. Laws 1922, p. 925), is hereby amended by striking in its entirety Section 4, relating to the election of mayor and council, and the terms of office, and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Be it further enacted, that the elections for mayor and councilmen shall be on the first Tuesday in December. The mayor shall hold office for a term of two years. Councilmen shall hold office for terms of two years, and in order to stagger the terms of said councilmen, three shall be elected in one year while two shall be elected the following year. The election shall be held by a justice of the peace in a city district and two freeholders residing in said city, or in the event the justice of the peace shall fail or refuse to act, the mayor shall appoint another freeholder to act in his place, and said managers of the election shall subscribe to the oaths provided for in Section 6 of this Act. The mayor and councilmen shall take office on the first Tuesday in January after their election. All minor officers, including the mayor pro tem, who are elected or appointed by the mayor and councilmen shall hold their office and discharge the duties thereof for the time for which they were elected or appointed, unless sooner removed by the mayor and council for cause. Elections for mayor and councilmen. Section 2. This Act shall become effective on March 1, 1953, but the terms of office of the present mayor and councilmen shall not be affected by this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Richland, Georgia. January 17, 1953. To Whom It May Concern: This is to certify that advertisement of intention to introduce legislation affecting the dates of holding annual elections was published in the Stewart-Webster Journal on the following dates: December 25, January 1, January 8, in accordance with law. /s/ Byron C. Anglin, Byron C. Anglin, Associate Editor, Stewart-Webster Journal /s/ Martha Cole Beasley, N. P. Commission expires January, 1955. (Seal). Notice of Intention to Introduce Legislation. Georgia, Stewart County: Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia, a bill to change the date of election of the Mayor and Council of the City of Richland to the first Tuesday in December; and for other purposes. This the 22nd day of Dec., 1952. /s/ C. R. Cowart, Representative, Stewart County. Approved February 25, 1953.

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AUGUSTA CHARTER AMENDED. No. 233 (House Bill No. 472). An Act to amend the charter of the City of Augusta incorporated as The City Council of Augusta (Ga. Laws, 1798) as amended by the various amendatory Acts thereof, and particularly as amended by an Act entitled An Act to amend an Act entitled an Act to incorporate Augusta and to improve the public roads in the neighborhood thereof, approved January 31st, 1798, and the several Acts amendatory thereof, so as to authorize the City Council of Augusta to construct drains and sewers, to provide a better system of drain and sewer assessments, and for other purposes, approved December 22, 1898 (Ga. Laws, 1898, p. 133-135), so as to authorize The City Council of Augusta to assess the sum of $1.75 per lineal foot upon the property and estate respectively abutting on drains or sewers on each side of a street, lane, alley or private property in which drains or sewers are constructed and laid down by The City Council of Augusta, so that a total of $3.50 may be assessed for each lineal foot upon such property through which said drains or sewers are constructed as aforesaid; 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 charter of the City of Augusta incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798) as amended by the various amendatory Acts thereof, and particularly as amended by an Act approved December 22, 1898 (Ga. Laws, 1898, pp. 133-135) is hereby further amended as hereinafter provided. Section 2. By striking from said Act approved December 22, 1898 (Ga. Laws, 1898, pp. 133-135) the word in in the eleventh line of Section 1 thereof, and the word aforesaid in the twenty-third line of Section 1

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thereof and all intervening words, and substituting in lieu thereof the language of the section immediately following. Section 3. That in all cases where drains or sewers shall be constructed or laid down by or under the authority of said city council in any street, lane or alley, the sum of $1.75 per lineal foot shall be assessed upon the property, and if it is respective abutting on such drains or sewers on each side of said street, lane or alley in which said drains or sewers may be constructed or laid down; and in case any such drains or sewers are constructed or laid down through or over any private property a like sum of $1.75 shall be assessed upon such property abutting upon each side of said drains or sewers for every lineal foot, making in all $3.50 for each lineal foot to be assessed upon such property through which said drains or sewers are constructed as aforesaid. Assessments for drains and sewers. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1953 session of the General Assembly of Georgia: An Act. An Act to amend the charter of the City of Augusta incorporated as The City Council of Augusta (Ga. Laws, 1798) as amended by the various amendatory Acts thereof, and particularly as amended by an Act entitled An Act to amend an Act entitled an Act to incorporate Augusta and to improve the public roads in the neighborhood thereof, approved January 31st, 1798, and the several Acts amendatory thereof, so as to authorize the City Council of Augusta to construct drains and sewers, to provide a better system of drain and sewer assessments, and for other purposes, approved December 22, 1898 (Ga. Laws, 1898, pp. 133-135), so as to authorize The City Council of Augusta to assess the sum of $1.75 per lineal foot upon the property and estates respectively abutting on drains or sewers on each side of a street, lane,

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alley or private property in which drains or sewers are constructed and laid down by The City Council of Augusta, so that a total of $3.50 may be assessed for each lineal foot upon such property through which said drains or sewers are constructed as aforesaid; and for other purposes. /s/ John C. Bell /s/ Sam T. Graham /s/ W. W. Holley Members, General Assembly of Georgia. Personally appeared before me the undersigned attesting officer, duly authorized by law to administer oaths, came John C. Bell, Sam T. Graham and W. W. Holley, Members of the General Assembly from Richmond County, Georgia, who being duly and severally sworn, depose and say on oath as follows: That the attached and foregoing notice referred to in the foregoing bill was published in the Augusta Chronicle, the official gazette for Richmond County, Georgia, and the newspaper in which sheriff's advertisements for said county are published on the following dates, to wit: January 2nd, 9th and 16th, 1953, being once a week for three weeks during a period of 60 days immediately preceding the introduction of said Bill into the General Assembly, all as provided by law. This affidavit is made by deponents who are the authors of said bill, for the purpose of showing compliance with the Constitution and laws of Georgia, with reference to publication of notice of intention to apply for local legislation, and is made for the purpose of being attached to the bill, notice of which was given in said notice. s/ John C. Bell /s/ Sam T. Graham /s/ W. W. Holley Members, General Assembly of Georgia. Sworn to and subscribed before me, this 4th day of January, 1953.

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/s/ J. Roy McCracken, Notary Public, Jefferson County, Georgia. Approved February 25, 1953. ATKINSON TAX COMMISSIONER. No. 234 (House Bill No. 411). An Act to amend an Act creating the office of Tax Commissioner of Atkinson County, approved March 11, 1943 (Ga. Laws 1943, p. 827), to provide for the fixing of the salary of the tax commissioner of said county; to provide for the repealing of Section 5 of said Act; and to provide for a new section to be known as Section 5 of said Act; and to provide that all fees, costs, commissions and other compensation now or hereafter to the tax commissioner shall be collected by the tax commissioner and paid over to the county to become county funds; to provide for the repealing of Section 6 of said Act; and to provide for a new section to be known as Section 6 of said Act; to provide for the effective date hereof; and to provide for the repealing of all laws and parts of law in conflict with 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. Be it enacted, that from and after the passage of this Act, Section 5 and 6, of the Acts of the Georgia legislature of 1943, pp. 827-830, approved March 11, 1943, are hereby stricken in their entirety, which read as follows: Section 5. Be it further enacted that from all taxes collected by said tax commissioner for and on behalf of the State of Georgia he shall be allowed to deduct therefrom fees and commissions which have heretofore been allowed to the tax receiver and tax collector, and said

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tax commissioner shall remit the remainder of the same directly to the Comptroller General or other such tax collecting official of the State of Georgia by whatever name called. Secs. 5 and 6, Act of 1943, amended. Section 6. Be it further enacted by the authority aforesaid that on the first day of each month after the Tax Commissioner of Atkinson County takes office the Commissioner of Roads and Revenues of Atkinson County shall pay to him by voucher the sum of one hundred twenty-five dollars ($125.00) per month; and from this sum so received said tax commissioner shall pay all clerical hire and all expenses of the office, except postage, stationery, and printing. Section 2. Be it enacted by the authority aforesaid that a new section to be known as Section 5 of the Acts of the Georgia Legislature of 1943, pp. 827-830, is hereby created, which section shall read as follows: Section 5. All fees, costs, commissions, and other compensation now or hereafter allowed by law to the Tax Receiver, Tax Collector or Tax Commissioner of Atkinson County, Georgia, for the receiving and collecting tax for the State and political subdivisions thereof, shall be collected by the said tax commissioner and all such funds so collected shall be paid into the treasury of Atkinson County as county funds. Fees, costs, etc. Section 3. Be it enacted by the authority aforesaid that a new section to be known as Section 6 of the Acts of the Georgia Legislature of 1943, pp. 827-830, is hereby created, which section shall read as follows: Section 6. That from and after the first day of February, 1953, and on the first day of each month thereafter, the Commissioner of Roads and Revenues of Atkinson County shall pay to the tax commissioner by voucher the sum of one hundred seventy-five ($175.00) dollars per month; and from this sum so received said tax commissioner shall pay all clerical hire and all expenses of the office, except postage, stationery and printing. Office expenses.

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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 be and the same are hereby repealed. Legal Advertisements. Notice of Local Legislation. Notice is hereby given that legislation will be introduced at the next session of the General Assembly of Georgia, regulating and providing for the salary of the Tax Commissioner of Atkinson County, Georgia, and for other purposes. /s/ Waldo Henderson, Representative, Atkinson Co. Ga. c 1-8-15-22 State of Georgia, County of Atkinson. Personally appeared before the undersigned official, authorized to administer oaths, C. J. Broome, Jr., who on oath deposes and says that he is the publisher of The Pearson Tribune, and that The Pearson Tribune is the official gazette for Atkinson County, Georgia, and the newspaper in which sheriff's advertisements for said county are published, and that the above and foregoing attached Notice of Intention to Introduce Local Legislation was published on January 8, January 15, and January 22, 1953, in The Pearson Tribune, which is the official organ of Atkinson County, Georgia, and that said notice was published as provided by law. /s/ C. J. Broome, Jr. Sworn to and subscribed before me, this 24th day of January, 1953. /s/ Vickers Neugent, Notary Public, Georgia State at Large. (Seal). Approved February 25, 1953.

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SMYRNA LIMITS EXTENDED. No. 243 (House Bill No. 509). An Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws, 1931, p. 955), as amended, so as to increase the corporate limits of the City of Smyrna; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, is hereby amended by adding a new section to be known as 4 (a), which shall be inserted between Sections 4 and 5 of said Act, and which shall read as follows: Section 4 (a). There shall be included in the corporate limits of the City of Smyrna, in addition to the area described in Section 4 of this Act, all of the area embraced within the following described parcels and tracts of land: Parcel No. 1. Being all or parts of original Land Lots Nos. 418, 419, 346, 347, 348, 373, 374, 375, 447, 489, and 490 of the 17th District, Second Section of Cobb County, Georgia, and being more particularly shown and delineated by a map of Smyrna, Georgia, drawn by Robert H. Taylor, architect, dated January 15, 1953, recorded in Plat Book 10, page 144, more particularly described as follows: Beginning at the point where the northeasterly line of the property of Mrs. C. T. Durham (Lot No. 7 of Mrs. Laura Walker property as shown by plat recorded in Plat Book 1, Page 45, Cobb County Records) is intersected by the original city limits, this point being located 285 feet southwest of the intersection of the southwesterly side of U. S. Highway 41-W with the original city limits of Smyrna, Georgia, and running thence northwesterly along said Durham property for a

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distance of 460 feet more or less to the southeasterly line of what is known as the Stuart P. Murray property; thence northeasterly for a distance of 275 feet to the southwesterly side of U. S. Highway 41-W; thence northwesterly along the southwesterly side of U. S. Highway 41-W for a distance of 1,130 feet more or less to the northwest intersection of Cherokee Road and U. S. Highway 41-W; thence west along the north side of Cherokee Road for a distance of 2,523 feet to the center line of a creek; thence northeasterly following the meanderings of the center line of said creek for a distance of 700 feet more or less to the north line of the Gid Morris property; thence east along said Morris property line for a distance of 150 feet to the east original line of Land Lot No. 419; thence north along said east original land lot line for a distance of 716 feet to the northeast corner of Land Lot No. 419; thence west along the north original line of Land Lot No. 419 for a distance of 1,282 feet to the northwest corner thereof; thence north along the east line of Land Lot No. 373 for a distance of 1,146 feet to the south side of Pat Mell Road; thence west along the south side of Pat Mell Road to Old Concord Road; this also being the original northwest corner of Land Lot No. 348; thence south along the easterly side of Old Concord Road a distance of 942 feet more or less to the northeasterly side of South Cobb Drive; southeasterly along the northeasterly right-of-way of South Cobb Drive for a distance of 2,520 feet to a point and corner; thence east along the south line of the property now or formerly owned by Stuart P. Murray for a distance of 517 feet to the west original line of Land Lot No. 375; thence south along said Land Lot line for a distance of 652 feet to the southwest corner of Land Lot No. 375; thence east along the south lines of Land Lot Nos. 375 and 418 for a distance of 2,629 feet more or less to the southeast corner of Land Lot No. 418; thence north along the original east line of Land Lot No. 418 for a distance of 334 feet to a point and corner; thence east through Land Lot No. 447 for a distance of 1,359 feet to the east original line of said land lot; thence south along the east original line of Land Lot No. 447 for a distance of 330 feet to the southeast corner thereof; thence south along the east

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line of original Land Lot No. 448 for a distance of 332.8 feet to an iron pin; thence north 72 degrees 20 minutes east for a distance of 407 feet to an iron pin; thence north 55 degrees 50 minutes east for a distance of 595 feet to the southwesterly line of the property of Mrs. C. T. Durham; thence southeasterly along the southwesterly side of the said Durham property for a distance of 440 feet more or less to the original city limits of the City of Smyrna, Georgia; thence northeasterly along said original city limits line for a distance of 110 feet more or less to the point of beginning. Limits extended. The above described is composed of the Belmont Hills Subdivision as shown by the following plats: Plat of C. R. Roberts, surveyor, dated December, 3, 1952, and recorded in Plat Book 9, pages 174 and 175, and plat of C. R. Roberts, Surveyor, dated November 29, 1951, and recorded in Plat Book 9, page 177, Cobb County Records, and plat of C. R. Roberts, surveyor, dated June 12, 1952, and recorded in Plat Book 10, page 94, Cobb County Records; and Green Hills Subdivision as per plat by Watts Browning, engineers, dated February, 1952, recorded in Plat Book 10, page 145 of the Cobb County Records. Parcel No. 2. Being all or parts of original Land Lot Nos. 377, 378, 415, 416, 417, 448 and 449 of the 17th District, Second Section of Cobb County, Georgia, and being more particularly shown and delineated by a map of Smyrna, Georgia, drawn by Robert H. Taylor, architect, dated January 15, 1953, recorded in Plat Book 10, Page 144, more particularly described as follows: Beginning at the intersection of the north side of Banks Street and the original city limits of the City of Smyrna, Georgia, and running thence west along the north side of Banks Street for a distance of 70 feet to the property of Fraser; thence north along said Fraser property line for a distance of 965 feet to the north side of Powder Springs Street; thence west along the north side of Powder Springs Street for a distance of 905 feet to the property of W. G. Mangum; thence north along the property line which lies between the property of Mangum

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and Mrs. Helen Pace Thompson for a distance of 618 feet to a point; thence continuing north along the said property line for a distance of 216 feet to a point and corner; thence west along the property line between Mangum and said Mrs. Helen Pace Thompson for a distance of 980 feet to a point and corner; thence south along the property line between the property of Mangum and Brannon for a distance of 819 feet to the north side of Powder Springs Street; thence west along the north side of Powder Springs Street for a distance of 1,000 feet more or less to the center line of Stone Creek; thence south following the center line of said Stone Creek for a distance of 1,260 feet more or less to the north original line of Land Lot No. 378; thence west along the north line of Land Lot 378 for a distance of 735 feet to the northwest corner of said Land Lot No. 378; thence south for a distance of 1,280 feet to the southwest corner of said Land Lot 378; thence east along the north line of Land Lot No. 379 for a distance of 1,360 feet to the southeast corner of Land Lot. No. 378; thence north along the original east line of said land lot for a distance of 290 feet to a point and corner; thence east through Land Lot No. 415 for a distance of 1,260 feet to the original east line of Land Lot No. 415; thence north along the east line of said Land Lot No. 415 for a distance of 945 feet to the northeast corner of Land Lot No. 415; thence east along the south line of Land Lot No. 449 for a distance of 988 feet to a point and corner; thence north for a distance of 204 feet to the south side of Banks Street; thence east along the south side of Banks Street for a distance of 70 feet to the original city limits of Smyrna, Georgia; thence north following the original city limits line for a distance of 40 feet to the point of beginning. The above described is composed of the Mangham-Butler Subdivision as shown by plat of Watts Browning, dated November, 1951, and recorded in Plat Book 9, page 179 of the Cobb County Records, and the Cheney Woods Subdivision as shown by plat of H. Moyer Marx, dated February 27, 1952, and recorded in Plat Book 9, page 222 of the Cobb County Records, and the Evelyn

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Manor Subdivision as shown by plat of H. O. Jeffries, dated May 15, 1952. Parcel No. 3. Being all or parts of original Land Lot Nos. 411, 451, 452, 453, 454, 455, 486, and 485 of the 17th District, Second Section of Cobb County, Georgia, and being more particularly shown and delineated by a map of Smyrna, Georgia, drawn by Robert H. Taylor, architect, dated January 15, 1953, recorded in Plat Book 10, page 144, more particularly described as follows: Beginning at the point where the north side of Medlin Street intersects the original city limits of the City of Smyrna, Georgia, and running thence westerly for a distance of 899 feet to the east side of Evelyn Street; thence continuing west for a distance of 906 feet to the original west line of Land Lot No. 451; thence south along the west lines of Land Lot Nos. 451 and 452 for a distance of 1,197 feet to the south side of Concord Road; thence east along the south side of Concord Road for a distance of 500 feet more or less to the west line of the Bennett property; thence south along the west lines of subdivided lots Nos. 23 through 34 inclusive of the Smyrna Heights Subdivision for a distance of 1,033 feet to the south original line of Land Lot No. 452; thence west along said land lot line for a distance of 509 feet to the northwest corner of Land Lot No. 453; thence south along the west lines of Land Lot Nos. 453 and 454 for a distance of 1,534 feet to a point and corner; thence west along the rear of the subdivided lots facing on the north side of Lake Court for a distance of 804 feet to the west side of Lake Drive; thence south along the west side of Lake Drive for a distance of 640 feet more or less to a point and corner; thence east along the rear lines of the subdivided lots facing the south side of Lake Court for a distance of 693 feet to the east original line of Land Lot No. 411; thence south along the east line of Land Lot No. 411 for a distance of 500 feet to the southeast corner of said land lot; thence south along the west line of Land Lot No. 455 for a distance of 1,330 feet to the southwest corner of said land lot; thence east along the south line of Land Lot No. 455 for a distance of 1,330 feet to the southeast corner of said land lot;

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thence north along a line which is 20 feet east of and parallel with the east line of Land Lot No. 455 and along the east side of McCauley Street for a total distance of 4,573 feet more or less to the property of Mrs. J. M. Dunton; thence east along the south line of said Dunton property for a distance of 375 feet to a point and corner; thence north for a distance of 373.8 feet to the south side of Concord Road; thence easterly along the south side of Concord Road for a distance of 537 feet to the east side of Dunton Street, if same were extended to the south side of Concord Road; thence north along the east side of Dunton Street for a distance of 450 to the southwest corner of property of Thomas Guy McLain; thence east along the south line of the property of McLain, Camp, and Baldwin for a distance of 220 feet to a point and corner; thence southwesterly along the D. A. Hamby property for a distance of 150 feet to a point and corner; thence southeasterly still along said Hamby property for a distance of 270 feet to the south side of Concord Roads; thence northeasterly along the south side of Concord Road to the original city limits of the City of Smyrna, Georgia; thence northwesterly along the original city limits line to the north side of Medlin Street, this being the point of beginning. The above described is composed of the Bennett property, also known as Smyrna Heights, as shown by the following plats: Plat of E. Z. Huff J. A. Page, surveyors, dated March 23, 1951, and recorded in Plat Book 9, page 71 of the Cobb County Records, and plat of E. Z. Huff J. A. Page, surveyors, dated November, 1951, and recorded in Plat Book 9, pages 197 and 198 of the Cobb County Records. Parcel No. 4. Being all or parts of original Land Lot Nos. 594, 595, 630, 631, and 666 of the 17th District, Second Section of Cobb County, Georgia, and being more particularly shown and delineated by a map of Smyrna, Georgia, drawn by Robert H. Taylor, architect, dated January 15, 1953, recorded in Plat Book 10, page 144, more particularly described as follows: Beginning at the intersection of the northeasterly side of Corn Road

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with the original city limits of Smyrna, Georgia, and running thence southwesterly following said city limits line for a distance of 523 feet more or less to the north side of the right of way of the W. A. Railroad; thence southeasterly along the northerly side of said right of way for a distance of 1,692 feet more or less to the Crowe property; thence north along the west line of said Crowe property for a distance of 545 feet to the center line of a creek; thence southeasterly following the meanderings of the center line of said creek for a distance of 635 feet more or less to the east original line of Land Lot No. 630; thence north along the east original line of Land Lot No. 630 for a distance of 760 feet to the north side of Corn Road; thence east along the north side of Corn Road for a distance of 12.5 feet to a point and corner; thence north for a distance of 599.3 feet to a point and corner; thence west for a distance of 425 feet to an iron pin; thence south for a distance of 595.8 feet to the north side of Corn Road; thence west along the north side of Corn Road to the intersection of the original city limits line of the City of Smyrna, Georgia, this being the point of beginning. There is excepted from the above described property all of the property owned by James E. Lovern, more particularly described as follows: Beginning at a point on the south side of Corn Road which point is 900 feet west of the intersection of the south side of Corn Road and the original east line of Land Lot No. 630, and running thence south for a distance of 429 feet to the center line of a creek; thence northwesterly following the meanderings of said creek for a distance of 330 feet more or less to the property of the City of Smyrna; thence northeasterly along property of the City of Smyrna for a distance of 206.5 feet to the south side of Corn Road; thence east along the south side of Corn Road for a distance of 110 feet to the point of beginning, being in original Land Lot 630, 17th District, Second Section of Cobb County, Georgia. The above described is composed of the Mountain View Subdivision as shown by the following plats: Plat

Page 2598

of C. R. Roberts, surveyor, dated February 20, 1952, and recorded in Plat Book 9, page 209, of the Cobb County Records, and plat of C. R. Roberts, Surveyor, dated November 22, 1952, and recorded in Plat Book 10, page 138 of the Cobb County Records. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher 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, amending the Act creating a new charter for the City of Smyrna, (Ga. Laws 1931, pp. 955-988, inclusive), by including in the corporate limits of said city the parcels and tracts of land in detail described in such attached notice, was published in the Cobb County Times in its editions of January 22nd, 29th, and February 5, 1953: T-30 Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduced in the 1953 session of the General Assembly of Georgia a bill to amend the Act creating a new charter for the City of Smyrna (Ga. Laws 1931, pp. 955-988, inclusive) by including in the corporate limits of said city the following described parcels and tracts of land: Parcel No. 1 Being all or parts of original Land Lots Nos. 418, 419, 346, 347, 348, 373, 374, 375, 447, 489, and 490 of the 17th District Second Section of Cobb County, Georgia, and being more particularly shown and delineated by a map of Smyrna, Georgia, drawn by Robert H. Taylor, architect, dated January 15, 1953, recorded

Page 2599

in Plat Book 10, page 144, more particularly described as follows: Beginning at the point where the northeasterly line of the property of Mrs. C. T. Durham (Lot No. 7 of Mrs. Laura Walker property as shown by plat recorded in Plat Book 1, page 45, Cobb County Records) is intersected by the original city limits, this point being located 285 feet southwest of the intersection of the southwesterly side of U S. Highway 41-W with the original city limits of Smyrna, Georgia, and running thence northwesterly along said Durham property for a distance of 460 feet more or less to the southeasterly line of what is known as the Stuart P. Murray property; thence northeasterly for a distance of 275 feet to the southwesterly side of U. S. Highway 41-W; thence northwesterly along the southwesterly side of U. S. Highway 41-W for a distance of 1,130 feet more or less to the northwest intersection of Cherokee Road and U. S. Highway 41-W; thence west along the north side of Cherokee Road for a distance of 2,523 feet to the center line of a creek; thence northeasterly following the meanderings of the center line of said creek for a distance of 700 feet more or less to the north line of the Gid Morris property; thence east along said Morris property line for a distance of 150 feet to the east original line of Land Lot No. 419; thence north along said east original land lot line for a distance of 716 feet to the northeast corner of Land Lot No. 419; thence west along the north original line of Land Lot No. 419 for a distance of 1,282 feet to the northwest corner thereof; thence north along the east line of Land Lot No. 373 for a distance of 1,146 feet to the south side of Pat Mell Road; thence west along the south side of Pat Mell Road to Old Concord Road; this also being the original northwest corner of Land Lot No. 348; thence south along the easterly side of Old Concord Road a distance of 942 feet more or less to the northeasterly side of South Cobb Drive; thence southeasterly along the northeasterly right of way of South Cobb Drive for a distance of 2,520 feet to a point and corner; thence east along the south line of the property now or formerly owned by Stuart P. Murray for a distance of 517 feet to the west original line of Land Lot No. 375; thence south along said land lot line for a distance

Page 2600

of 652 feet to the southwest corner of Land Lot No. 375; thence east along the south lines of Land Lot Nos. 375 and 418 for a distance of 2,629 feet more or less to the southeast corner of Land Lot No. 418; thence north along the original east line of Land Lot No. 418 for a distance of 334 feet to a point and corner; thence east through Land Lot No. 447 for a distance of 1,359 feet to the east original line of said land lot; thence south along the east original line of Land Lot No. 447 for a distance of 330 feet to the southeast corner thereof; thence south along the east line of original Land Lot No. 448 for a distance of 332.8 feet to an iron pin; thence north 72 degrees 20 minutes east for a distance of 407 feet to an iron pin; thence north 55 degrees 50 minutes east for a distance of 595 feet to the southwesterly line of the property of Mrs. C. T. Durham; thence southeasterly along the southwesterly side of the said Durham property for a distance of 440 feet more or less to the original city limits of the City of Smyrna, Georgia; thence northeasterly along said original city limits line for a distance of 110 feet more or less to the point of beginning. The above described is composed of the Belmont Hills Subdivision as shown by the following plats: Plat of C. R. Roberts, Surveyor, dated December 3, 1952, and recorded in Plat Book 9, pages 174 and 175, and plat of C. R. Roberts, surveyor, dated November 29, 1951, and recorded in Plat Book 9, page 177, Cobb County Records and plat of C. R. Roberts, surveyor, dated June 12, 1952, and recorded in Plat Book 10, page 94 Cobb County Records; and Green Hills Subdivision as per plat by Watts Browning, Engineers, dated February, 1952, recorded in Plat Book 10, page 145 of the Cobb County Records. Parcel No. 2. Being all or parts of original Land Lot Nos. 377, 378, 415, 416, 417, 448 and 449 of the 17th District, Second Section of Cobb County, Georgia, and being more particularly shown and delineated by a map of Smyrna, Georgia, drawn by Robert H. Taylor, architect, dated January 15, 1953, recorded in Plat Book 10, page 144, more particularly described as follows:

Page 2601

Beginning at the intersection of the north side of Banks Street and the original city limits of the City of Smyrna, Georgia, and running thence west along the north side of Banks Street for a distance of 70 feet to the property of Fraser; thence north along said Fraser property line for a distance of 965 feet to the north side of Powder Springs Street; thence west along the north side of Powder Springs Street for a distance of 905 feet to the property of W. G. Mangum; thence north along the property line which lies between the property of Mangum and Mrs. Helen Pace Thompson for a distance of 618 feet to a point; thence continuing north along the said property line for a distance of 216 feet to a point and corner; thence west along the property line between Mangum and said Mrs. Helen Pace Thompson for a distance of 980 feet to a point and corner; thence south along the property line between the property of Mangum and Brannon for a distance of 819 feet to the north side of Powder Springs Street; thence west along the north side of Powder Springs Street for a distance of 1,000 feet more or less to the center line of Stone Creek; thence south following the center line of said Stone Creek for a distance of 1,260 feet more or less to the north original line of Land Lot No. 378; thence west along the north line of Land Lot 378 for a distance of 735 feet to the northwest corner of said Land Lot No. 378; thence south for a distance of 1,280 feet to the southwest corner of said Land Lot 378; thence east along the north line of Land Lot No. 379 for a distance of 1,360 feet to the southeast corner of Land Lot No. 378; thence north along the original east line of said land lot for a distance of 290 feet to a point and corner; thence east through Land Lot No. 415 for a distance of 1,260 feet to the original east line of Land Lot No. 415; thence north along the east line of said Land Lot No. 415 for a distance of 945 feet to the northeast corner of Land Lot No. 415; thence east along the south line of Land Lot No. 449 for a distance of 988 feet to a point and corner; thence north for a distance of 204 feet to the south side of Banks Street; thence east along the south side of Banks Street for a distance of 70 feet to the original city limits of Smyrna, Georgia; thence north following the original city limits

Page 2602

line for a distance of 40 feet to the point of beginning. The above described is composed of the Mangum-Butler Subdivision as shown by plat of Watts Browning, dated November, 1951, and recorded in Plat Book 9, page 179 of the Cobb County Records, and the Cheney Woods Subdivision as shown by plat of H. Moye Marx, dated February 27, 1952, and recorded in Plat Book 9, page 222 of the Cobb County Records, and the Evelyn Manor Subdivision as shown by plat of H. O. Jeffries, dated May 15, 1952. Parcel No. 3. Being all or parts of original Land Lot Nos. 411, 451, 452, 453, 454, 455, 486, and 485 of the 17th District, Second Section of Cobb County, Georgia, and being more particularly shown and delineated by a map of Smyrna, Georgia, drawn by Robert H. Taylor, architect, dated January 15, 1953, recorded in Plat Book 10, page 144, more particularly described as follows: Beginning at the point where the north side of Medlin Street intersects the original city limits of the City of Smyrna, Georgia, and running thence westerly for a distance of 899 feet to the east side of Evelyn Street; thence continuing west for a distance of 906 feet to the original west line of Land Lot No. 451; thence south along the west lines of Land Lot Nos. 451 and 452 for a distance of 1,197 feet to the south side of Concord Road; thence east along the south side of Concord Road for a distance of 500 feet more or less to the west line of the Bennett property; thence south along the west lines of subdivided lots Nos. 23 through 34 inclusive of the Smyrna Heights Subdivision for a distance of 1,033 feet to the south original line of Land Lot No. 452; thence west along said land lot line for a distance of 509 feet to the northwest corner of Land Lot No. 453; thence south along the west lines of Land Lot Nos. 453 and 454 for a distance of 1,534 feet to a point and corner; thence west along the rear of the subdivided lots facing on the north side of Lake Court for a distance of 804 feet to the west side of Lake Drive; thence south along the west side of Lake Drive for a distance of 640 feet more or less to a point

Page 2603

and corner; thence east along the rear lines of the subdivided lots facing the south side of Lake Court for a distance of 693 feet to the east original line of Land Lot No. 411; thence south along the east line of Land Lot No. 411 for a distance of 500 feet to the southeast corner of said land lot; thence south along the west line of Land Lot No. 455 for a distance of 1,330 feet to the southwest corner of said land lot; thence east along the south line of Land Lot No. 455 for a distance of 1,330 feet to the southeast corner of said land lot; thence north along a line which is 20 feet east of and parallel with the east line of Land Lot No. 455 and along the east side of McCauley Street for a total distance of 4,573 feet more or less to the property of Mrs. J. M. Dunton; thence east along the south line of said Dunton property for a distance of 375 feet to a point and corner; thence north for a distance of 373.8 feet to the south side of Concord Road; thence easterly along the south side of Concord Road for a distance of 537 feet to the east side of Dunton Street, if same were extended to the south side of Concord Road; thence north along the east side of Dunton Street for a distance of 450 feet to the southwest corner of property of Thomas Guy McLain; thence east along the south line of the property of McLain, Camp, and Baldwin for a distance of 220 feet to a point and corner; thence southwesterly along the D. A. Hamby property for a distance of 150 feet to a point and corner; thence southeasterly still along said Hamby property for a distance of 270 feet to the south side of Concord Road; thence northeasterly along the south side of Concord Road to the original city limits of the City of Smyrna, Georgia; thence northwesterly along the original city limits line to the north side of Medlin Street, this being the point of beginning. The above described is composed of the Bennett property, also known as Smyrna Heights, as shown by the following plats: Plat of E. Z. Huff J. A. Page, surveyors, dated March 23, 1951, and recorded in Plat Book 9, page 71 of the Cobb County Records, and plat of E. Z. Huff J. A. Page, surveyors, dated November, 1951, and

Page 2604

recorded in Plat Book 9, pages 197 and 198 of the Cobb County Records. Parcel No. 4 Being all or parts of original Land Lot Nos. 594, 595, 630, 631, and 666 of the 17th District, Second Section of Cobb County, Georgia, and being more particularly shown and delineated by a map of Smyrna, Georgia, drawn by Robert H. Taylor, architect, dated January 15, 1953, recorded in Plat Book 10, page 144, more particularly described as follows: Beginning at the intersection of the northeasterly side of Corn Road with the original city limits of Smyrna, Georgia, and running thence southwesterly following said city limits line for a distance of 523 feet more or less to the north side of the right of way of the W A Railroad; thence southeasterly along the northerly side of said right of way for a distance of 1,692 feet more or less to the Crowe property; thence north along the west line of said Crowe property for a distance of 545 feet to the center line of a creek; thence southeasterly following the meanderings of the center line of said creek for a distance of 635 feet more or less to the east original line of Land Lot No. 630; thence north along the east original line of Land Lot No. 630 for a distance of 760 feet to the north side of Corn Road; thence east along the north side of Corn Road for a distance of 12.5 feet to a point and corner; thence north for a distance of 599.3 feet to a point and corner; thence west for a distance of 425 feet to an iron pin; thence south for a distance of 595.8 feet to the north side of Corn Road; thence west along the north side of Corn Road to the intersection of the original city limits of the City of Smyrna, Georgia, this being the point of beginning. There is excepted from the above described property all of the property owned by James E. Lovern, more particularly described as follows: Beginning at a point of the south side of Corn Road which point is 900 feet west of the intersection of the south side of Corn Road and the original east line of land

Page 2605

Lot No. 630, and running thence south for a distance of 429 feet to the center line of a creek; thence northwesterly following the meanderings of said creek for a distance of 330 feet more or less to the property of the City of Smyrna; thence northeasterly along property of the City of Smyrna for a distance of 206.5 feet to the south side of Corn Road; thence east along the south side of Corn Road for a distance of 110 feet to the point of beginninng, being in original Land Lot 630, 17th District, Second Section of Cobb County, Georgia. The above described is composed of the Mountain View Subdivision as shown by the following plats; Plat of C. R. Roberts, Surveyor, dated February 20, 1952, and recorded in Plat Book 9, page 209 of the Cobb County Records, and plat of C. R. Roberts, Surveyor, dated November 22, 1952, and recorded in Plat Book 10, page 138 of the Cobb County Records. This 19th day of January, 1953. Harold S. Willingham, State Representative. 1:22-29; 2:5 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 the 6th day of February, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times. Subscribed to and sworn to before me, a Notary Public, this 6th day of February, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. Notary Public, Cobb County, Georgia.
Page 2606

My commission expires September 14, 1956. (Notarial Seal Affixed). Approved February 25, 1953. SPALDING COMMISSIONERS. No. 245 (House Bill No. 413). An Act to amend an Act approved August 3, 1910 (Ga. Laws 1910, p. 299) by repealing Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 authorizing the board of commissioners to employ a clerk and purchasing agent and define their duties and fix their compensation, and providing that one person may act as both clerk and purchasing agent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act approved August 3, 1910 (Ga. Laws 1910, p. 299) is hereby amended by striking Section 3 of said Act and inserting in lieu thereof a new section to be known as Section 3 which shall read as follows: Section 3. The Commissioners of Roads and Revenues of Spalding County, Georgia shall have authority to elect a clerk and define his duties and fix his compensation and to require a bond of said clerk in the sum of five thousand ($5,000.00) dollars with good security, payable to the Commissioners of Roads and Revenues of Spalding County and their successors in office, conditioned to faithfully perform the duties of said office. Said board shall have authority to elect a purchasing agent and define his duties and fix his compensation. The same person may be elected clerk and purchasing agent. Clerk and purchasing agent. Section 2. This Act shall take effect immediately upon the date of its enactment into law.

Page 2607

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Spalding County, Personally appeared before me, a notary public, the undersigned Carey Reeves who on oath says that he is Manager of the Griffin News, a newspaper published in the City of Griffin, Spalding County, Georgia, being of general circulation and being the legal organ for the County of Spalding, 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 3-6-13-20, 1953. Griffin News, by: /s/ Carey Reeves Sworn to and subscribed to before me, this 28 day of Jan. 1953. /s/ Jesse O. Futral Notary Public of Spalding County, Georgia. Legal-8857 Georgia, Spalding 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 approved August 3, 1910, Georgia Laws 1910, pages 299-300 by striking said Act in its entirety and substituting in lieu thereof an Act authorizing the Commissioners of Roads and Revenues of Spalding County Georgia to employ a clerk and purchasing agent and define his duties and fix his compensation. Also authorizing and empowering said commissioners to employ one person to act as both clerk and purchasing

Page 2608

agent or to employ different persons for said jobs. This 2nd day of January 1953. Arthur K. Bolton E. G. Harper Representatives, Spalding County, Georgia. Approved February 25, 1953. ROCKDALE COMMISSIONERS. No. 249 (House Bill No. 482). An Act to fix the compensation of the advisors to the Commissioner of Roads and Revenues of Rockdale 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 the same that: The advisors to the Commissioner of Roads and Revenues of Rockdale County shall each be paid $10.00 per diem for attendance on meetings with said commissioner, as by law provided. Compensation of advisors. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. EXHIBIT A. Georgia, Rockdale County. Notice is hereby given that a local bill will be introduced in the 1953-54 General Assembly of Georgia to fix the compensation for the County Attorney and for the Advisors to the Commissioner of Roads and Revenues of Rockdale County and for other purposes. This January 22, 1953.

Page 2609

Wm. T. Dean, Senator, 34th District E. M. Walker, Representative, Rockdale County. I, W. T. Hay, after being duly sworn, say on oath as follows: That the above copy of Notice of Intention to Ask Local Legislation, as set out in said attached notice, was duly published and did appear in the Conyers News, as newspaper in which the sheriff's advertisements of said county were published during the entire year of 1952, 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 said Conyers News in the January 23rd, 1953, January 30th, 1953, February 6th, 1953 issues of the said Conyers News. That the said Conyers News was the newspaper in which the Sheriff of the County of Rockdale did advertise in during the entire year of 1952 and that I am the editor and publisher of the said Conyers News and was at the time said advertisements did appear therein. /s/ W. Thomas Hay, Publisher. Sworn to and subscribed before me, this the 7th day of February, 1953. /s/ Anne Cowan Notary Public. (Notarial Seal Affixed). Approved February 25, 1953.

Page 2610

CLAYTON COMMISSIONER. No. 250 (House Bill No. 467). An Act to amend An Act to create a Commissioner of Roads and Revenues of Clayton County, Georgia, (Ga. Laws 1943, pp. 883-889), as amended by Georgia Laws 1949, pages 456-461; to fix his compensation and fix his expense account; to fix his bond and prescribe his duties and powers; to provide for clerical help, to fix their duties, bonds, and compensation; to provide for said commissioner to co-operate with the municipalities located within said county in the grading, paving and maintaining streets and roads within such municipalities; to provide for the appointment of an advisory board; to fix their powers, duties and compensation; to provide for a budget to be adopted for the operation of said county; to provide for a county park commission, to fix their powers and duties and manner of appointment, and to provide for funds for such purpose; to provide for repeal of conflicting laws; and for other purposes. Be it enacted by the Authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. Section 1. Be it enacted by the authority aforesaid, that Section 12-a of said Act be stricken in its entirety, and a new section 12-a enacted which shall read as follows: Sec. 12-a amended. Section 12-a. Be it further enacted by the authority aforesaid that said commissioner and advisory board shall co-operate in the grading, paving and maintaining the roads and streets in the various municipalities of said county, and in the grading and maintaining the public parks, playgrounds and school grounds in said county. It shall be unlawful to grade, pave or repave any roads and streets in any municipality until the governing authorities of such municipality and county governing authority enter into a written contract, showing the project

Page 2611

or projects to be undertaken, the cost thereof, and what part of the cost is to borne by each party to such contract. The contents of said contract shall be published at least one time in the official organ of the county, before such contract shall be legal and effective. Grading and paving. Section 2. Be it enacted by the authority aforesaid that section 12-b of said Act be amended by striking the following language from said section, The commissioner shall be the chief administrative officer of said county, and his actions shall be final and binding on any matters under any authority of law, until and unless the same is modified or revoked by a majority vote of the entire advisory board, which shall in such cases be final and binding upon said commissioner. and substituting in lieu thereof the following language the commissioner shall be the chief administrative officer of said county and his actions shall be final and binding on any matters under any authority of law, except as may be provided by this Act so that said section when so amended shall read as follows: Sec. 12-b amended. Section 12-b. Be it enacted by the authority aforesaid that upon the approval of this Act, there is hereby created an advisory board for the office of county commissioner, which shall be composed of five members. Said members shall be at least 21 years of age, and free-holders in said county, and who have resided in said county at least two years. They shall hold their office for the term appointed and until their successors are appointed and qualified. Should a vacancy occur the grand jury then in session or one subsequently impaneled shall name a member or members to fill such vacancies for the balance of such term. The members of the advisory board herein named shall hold their office for the term named, and their successors shall be appointed for a 5 year term by the grand jury in session next prior to the end of the terms of such members. It shall be the duty of said board to meet with the commissioner at his request, or upon their own motion at any time. The commissioner shall be the chief administrative officer of said county and his actions shall be final and binding on any

Page 2612

matters under any authority of law, except as may be provided by this act. Said advisory board shall receive the sum of $10.00 per diem for each day's service, said sum being limited to $200.00 in any calendar year. Said board shall designate one regular meeting day of each month, and may designate one of its members as their chairman to serve at their pleasure. The commissioner and clerk shall attend all meetings of said board, the clerk keeping a minute book of all of the actions taken by said board, which book shall be open to public inspection at all times. The members now serving on said advisory board are hereby declared to be the members of said board, for the term they are now holding, and until their successors are appointed and qualified, and shall be appointed from the militia district or districts that such board members now represents. All terms shall end on December 31, and their successors shall take office beginning January 1st. The ordinary shall prescribe the oath and administer the same to each member of said board and their successors. Advisory board. Section 3. Be it further enacted by the authority aforesaid that section 12-c be stricken in its entirety and a new section 12-c be enacted that shall read as follows: Sec. 12-c amended. Section 12-c. Be it further enacted by the authority aforesaid that at the beginning of each year, and before any money is borrowed for the current operation of the county, a budget shall be adopted, based on requests from the various departments of the county, and the anticipated revenue for such current year, and no warrant shall be issued or constitute a legal charge against said county in excess of said budget, unless the same is approved by the grand jury. In adopting said budget at least 10% of the revenues not otherwise appropriated by law shall be set aside for the development of parks, playgrounds and other recreational facilities for our youth, and any funds authorized for this purpose shall not be disbursed, until applications for this purpose are filed as hereinafter authorized and the same approved by a park commission, composed of the chairman of each local school district. Such commission shall meet by the

Page 2613

1st day of June in each year and approve or disapprove such applications by a majority vote. It shall be the duty of said commission to make such reasonable rules and regulations as are necessary to carry out the purpose of this Act, and must require that the following conditions be met: Budget. Recreational expenditures. a. All applications must be filed with the county governing authority on or before the 15th day of May of each year. b. All projects must be for permanent improvements, or facilities and a single application must contain all of the requests for such area or district that a member on such commission represents. c. Each applicant must raise an amount equal to the amount requested and no funds shall be disbursed to any such applicant until such funds have been raised and applied to such project. d. In the event applications for funds exceed the amount in the budget of said county for such purpose, no application shall be approved for a sum greater than $300.00, until all of such applicants have been provided for to this extent, and the balance of such fund pro-rated among the remaining applications pending. Section 4. Be it enacted by the authority aforesaid, that no property belonging to said county shall be sold unless the same is sold at public sale, after advertising the time and place of such sale for at least two weeks in the official organ of said county. Sales of property. Section 5. Be it further enacted by the authority aforesaid that before any new streets or roads are opened in said county, the commissioner of roads and revenues or other governing authority shall obtain a right of way of not less than 60 feet in width, and deeds for same recorded in the office of the clerk of the superior court of said county along with a plat thereof showing where such road begins and ends. Roads and streets.

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Section 6. Be it further enacted by the authority aforesaid that the advisory board shall have equal authority with the said commissioner in the following matters, and a majority vote of board and commissioner shall binding under any authority of law, each having an equal vote on these matters: Powers of advisory board and commissioner. a. Contracts executed on behalf of the county, wherein the said county is obligated to pay any sums of money. b. Issuing or revoking any licenses for conduct of any businesses or privileges in said county. c. In adopting a budget for said county, and providing for the number of employees for any department together with the compensation to be paid for their services. d. Purchase of materials or supplies as provided in said Act in excess of $300.00. Section 7. Be it further enacted by the authority aforesaid that upon failure or refusal of said commissioner or other governing authority to carry out the provisions of Sections 1, 2, 3, 4, 5, and 6 of this Act it shall be the duty of the judge of the superior court to pass such orders as are necessary to declare the said office or offices vacant and provide for filling the same as set out in this Act and other Acts governing these offices. Section 8. Be it further enacted that should any court declare any clause or section of this Act unconstitutional, or invalid for any reason, then such decision shall affect only that clause or section so declared to be unconstitutional or invalid and shall not affect any other section, clause or part of this Act. Section 9. That all laws or parts of laws in conflict herewith are hereby repealed.

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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 gazette of said county, and that the attached notice of intention to apply for local legislation was duly published in said paper on the following dates: January 8, 1953; January 15, 1953 and January 22, 1953. Witness my signature this the 4th day of February, 1953. /s/ W. Lloyd Matthews, Owner and publisher, Clayton County News and Farmer. (Advertisement attached). Notice to Apply for Local Legislation. Notice is hereby given that at the next session of the General Assembly of Georgia, which convenes on the second Monday in January, 1953, there will be introduced a local bill to amend the Act creating the Clayton County Commissioner, and Acts amendatory thereof, as follows: An Act to amend an Act to create a Commissioner of Roads and Revenues of Clayton County, Georgia, (Ga. Laws 1943, pp. 883-889) as amended by Ga. Laws 1949, pages 456-461; to fix his compensation and provide his expense account; to fix his bond and to prescribe his duties and powers; to provide for clerical help, fix their duties, bonds, and compensation; to provide for said commissioner to co-operate with the municipalities located within said county in the grading, paving and maintaining streets and roads within such municipalities; to provide for the appointment of an advisory board; to fix their powers, duties and compensation; to provide for a budget to be adopted for the operation of said county; to provide for a county park commission, to fix their powers and duties and manner of appointment, and to provide for funds for said purpose; to provide for repeal of conflicting laws; and for other purposes.

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This the 31st day of December, 1952. E. Alvin Foster, Edwin S. Kemp, Representatives Elect, Clayton County, Ga. Approved February 25, 1953. BUCHANAN CHARTER AMENDED. No. 255 (House Bill No. 486). An Act to amend an Act approved August 17, 1908 (Ga. Laws 1908, pp. 468-488), which Act incorporates the City of Buchanan, as amended by an Act approved February 19, 1951 (Ga. Laws 1951, pp. 2516-2519), so as to fix the date for appointment of tax assessors; to fix the date for tax assessors to make their assessments; to fix the date for owners of taxable property to make their returns; to fix the date for tax assessors to make their returns to the mayor and council; to fix the date for tax levy; to fix the date for payment of taxes; to fix the date for issuance of executions, and to amend the local laws of the City of Buchanan accordingly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That an Act approved August 17, 1908 (Ga. Laws 1908, pp. 468-488), which Act incorporates the City of Buchanan, as amended by an Act approved February 19, 1951 (Ga. Laws 1951, pp. 2516-2519), is hereby amended by striking Section 21 in its entirety and inserting in lieu thereof a new Section 21, which shall read as follows: Section 21. Be it further enacted by the authority

Page 2617

aforesaid, that it shall be the duty of the mayor and council of said city, on or before the 16th day of May, 1953, and annually thereafter, to appoint three upright, discreet and intelligent freeholders of said city to serve as a board of tax assessors for said city for the term of one year and hold until their successors are appointed and qualified; and if, from any cause, the place of any one or more of said board of assessors is made vacant, said mayor and council shall cause the same to be supplied by appointment as before provided; and before entering on the discharge of their duties said board of assessors shall each take and subscribe an oath to faithfully and impartially report all real estate in said city subject to taxation, and assess the same at the reasonable and just value thereof. It shall be the duty of said assessors, between the 16th and the 25th days of May of each year, to make out a complete list of all lots in said city, all real estate in said city not divided into lots, and to assess for taxation each lot and parcel of land at its reasonable and just value. The lists so made out shall show the name of the owner, if known, and his residence, and such description as is necessary to locate the property, opposite which description shall be set its value assessed by said board. It shall be the duty of all owners of taxable personal property and other subjects of taxation, as provided in this charter, to make, by themselves or agents, returns under oath to the tax assessors of said city, of all their personal property at its just and reasonable value. Such returns shall be made between the 1st and 15th days of May in each year; and if any person shall fail or refuse to make such returns by the 15th day of May in any year, the board of tax assessors shall assess the personal property of the person so failing to make returns at double the value of such property; and if any person shall make any returns of personal property which the assessors may deem incorrect, then said board of assessors shall assess such personal property and fix such value upon it as they deem reasonable and just. If the owner of any real or personal property conceives that said assessors have placed too great a value on said property, such owner or his agent may appeal such assessment to the mayor and council of said city, who shall assess said property at

Page 2618

its just and reasonable value, and the action of said mayor and council shall be final in the premises; and if any taxpayer in said city shall think that said assessors have placed too low an estimate on any property therein, such person shall have the right to have such assessment revised by said mayor and council, whose action shall be final as aforesaid. The list of all real estate assessed as herein provided, shall be completed by said board of assessors, and returned by them to the mayor and council on or before the 26th day of May in each year; and within five days thereafter said mayor and council shall ascertain and declare the rate to be levied and collected from such assessments and returns, and the tax, so levied, shall be due and payable on the 1st day of July in the years for which they are levied; and when the taxes so levied are not paid before the 31st day of August in each year, the same shall be collected as follows: An execution shall be issued by the clerk of the council, directed to the marshal of said city against the real and personal estate of such defaulter, and in case of any real estate the owner of which is unknown, against the said real property describing the same by location, which execution shall be levied by a marshal of said city, and after advertising the same once a week for four weeks in some newspaper published in said city, he shall sell the property so levied on before the door of the courthouse, in said city, on some regular sheriff's sale day, and within the legal hours of sheriff's sales, and the deed of said marshal shall be as effectual to pass the title to property thus sold as the deed of the owner, provided, that the property thus sold may be redeemed by the owner thereof within six months from such sale, upon such owner paying the purchaser the amount paid out by him in such purchase, together with twenty per centum interest on the same; the mayor and council shall prescribe by ordinance the compensation of such assessors. Tax assessments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2619

Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce local legislation at the next session of the General Assembly as follows: An Act to amend an Act incorporating the City of Buchanan, Georgia, approved August 17, 1908, beginning on page 468 of the Acts of the Legislature of 1908, and all Acts amendatory thereof, so as to fix the date for appointment of tax assessors; to fix the date for tax assessors to make their assessments; to fix the date for owners of taxable property to make their returns; to fix the date for tax assessors to make their returns to the mayor and council; to fix the date for tax levy; to fix the date for payment of taxes; to fix the date for issuance of executions, and to amend the local laws of the City of Buchanan, Georgia, accordingly. This January 6, 1953. The Mayor and Council of the City of Buchanan, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold L. Murphy, who, on oath, deposes and says that he is Representative from Haralson County, and that the above copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune, which is the official organ of Haralson County, on the following dates: January 15, 22, and 29, 1953. /s/ Harold L. Murphy Sworn to and subscribed before me, this 9th day of Feb., 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia.
Page 2620

My Commission expires Oct. 7, 1956. (Seal). Approved February 25, 1953. ROCKDALE ATTORNEY'S SALARY. No. 256 (House Bill No. 483). An Act to fix the salary of the County Attorney for Rockdale 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 the same that: the County Attorney of Rockdale County shall be paid a retainer salary of $600.00 per annum, payable in equal monthly installments from the county treasury. Salary. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Exhibit A Georgia, Rockdale County. Notice is hereby given that a local bill will be introduced in the 1953-54 General Assembly of Georgia to fix the compensation for the county attorney and for the advisors to the Commissioner of Roads and Revenues of Rockdale County and for other purposes. This January 22, 1953. Wm. T. Dean, Senator, 34th District. E. M. Walker, Representative, Rockdale County.

Page 2621

I, W. T. Hay, after being duly sworn, say on oath as follows: That the above copy of Notice of intention to ask local legislation, as set out in said attached notice, was duly published and did appear in the Conyers News, as newspaper in which the sheriff's advertisements of said county were published during the entire year of 1952, 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 said Conyers News in the January 23rd, 1953, January 30th, 1953 and February 6th, 1953 issues of the said Conyers News. That the said Conyers News was the newspaper in which the Sheriff of the County of Rockdale did advertise in during the entire year of 1952 and that I am the editor and publisher of the said Conyers News, and was at the time said advertisements did appear therein. /s/ W. Thomas Hay, Publisher. Sworn to and subscribed before me, this the 7th day of February, 1953. /s/ Anne Cowan Notary Public. (Seal). Approved February 25, 1953. ALBANY CHARTER AMENDED. No. 260 (House Bill No. 453). An Act to amend an Act creating and establishing a new charter for the City of Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, particularly as amended by an Act approved February 3, 1949

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(Ga. Laws 1949, p. 111), so as to provide that no member of the board of city commissioners shall be eligible to hold office of mayor during the term of office for which he was chosen; to except appointive offices from the provisions hereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating and establishing a new charter for the City of Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, particularly as amended by an Act approved February 3, 1949 (Ga. Laws 1949, p. 111), is hereby amended by striking the provisions of Paragraph Ten of Section 3, which paragraph reads as follows: In the event that a member of the board of city commissioners shall be elected mayor the first Monday in December, 1949, or at any election for mayor thereafter, he shall resign the said position as such commissioner so held within 30 days after being elected mayor-commissioner, as aforesaid. and inserting in lieu thereof a new paragraph to read as follow: A member of the board of city commissioners shall be incompetent to hold any other municipal office during the term of office for which he or she was chosen: Provided, that nothing herein shall render him ineligible to be elected during said term, to serve in a term immediately succeeding said term, but nothing in this section shall apply to any municipal office which is filled by appointment of the mayor. City commissioners. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1953 session of the General Assembly of Georgia a bill to be entitled An Act to amend an Act creating and establishing a new charter for the City of

Page 2623

Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370), as amended, particularly as amended by an Act approved February 3, 1949 (Ga. Laws 1949, p. 111), so as to provide that no member of the board of city commissioners shall be eligible to hold the office of mayor during the term of office for which he was chosen; to except appointive offices from the provisions hereof; to repeal conflicting laws; and for other purposes. /s/ G. Stuart Watson /s/ B. C. Gardner, Jr. Representatives, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and does further certify that an exact copy of the above notice was published in the Albany Herald on January 16, 23, 30, Feb. 6, 1953. This day of , 1953. /s/ James H. Gray Sworn to subscribed before me, this day of Barbara Jones N. P. Dougherty County, Ga. Jan. 16, 23, 30, Feb. 6, 1953. Approved February 25, 1953. BALDWIN COMMISSIONERS' SALARY. No. 261 (House Bill No. 416). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the

Page 2624

County of Baldwin, to prescribe the powers and duties thereof, and for other purposes approved December 26, 1888 (Ga. Laws 1888, p. 256), as amended particularly by an Act approved August 17, 1908 (Ga. Laws 1908, p. 274) by striking Section 9 thereof in its entirety and substituting a new Section 9 in lieu thereof so as to remove limitations on the fixing of the salaries of said commissioners by the grand jury of Baldwin County during the terms of office of said commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 9 of an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Baldwin, to prescribe the powers and duties thereof, and for other purposes approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended particularly by an Act approved August 17, 1908 (Ga. Laws 1908, p. 274) is hereby stricken in its entirety and a new section to be known as Section 9 is hereby substituted in lieu thereof, which shall read as follows: Section 9. Said commissioners shall receive as compensation for their services such salary as the grand jury of Baldwin County shall prescribe, which salary shall be paid by the treasurer of the county and shall be fixed at a sum not less than $25.00 per month nor greater than $100.00 per month. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that the undersigned will introduce legislation at the 1953 session of the General Assembly of Georgia to amend an Act approved December 26, 1888 creating a Board of Commissioners of Baldwin County as the same may have been amended, so as to provide that the grand jury of Baldwin County may increase or diminish the compensation of said commissioners

Page 2625

at any time to a sum of not less than twenty-five dollars per month each nor more than one-hundred dollars per month each; to repeal conflicting laws; and for other purposes. Robert H. Green and Arnold Parker, Representatives of Baldwin County. 15-3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert H. Green and Arnold Parker, who, on oath, depose and say that they are Representatives from Baldwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Union Recorder, which is the official organ of Baldwin County, on the following dates: January 15, January 22, and January 29, 1953. /s/ Arnold Parker Arnold Parker /s/ Robert H. Green Robert H. Green Representatives, Baldwin County. Sworn to and subscribed before me, this 2 day of Feb., 1953. /s/ Frances Y. Read, Notary Public, Fulton Co. My commission expires Feb. 1, 1954. Approved February 25, 1953.

Page 2626

TATTNALL ORDINARY'S COMPENSATION. No. 262 (House Bill No. 491). An Act to amend the Act providing for a fee of the Ordinary of Tattnall County, Georgia, approved February 21, 1951, so that the said ordinary of said county shall receive the sum of $100.00 per month in addition to fees; 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 1 of said Act be and the same is hereby amended by striking from lines two and four of said section figures $50.00, and inserting in lieu thereof the following figures: $100.00, so that said Section 1 of said Act, when amended and as amended, shall read as follows: Section 1. That the Ordinary of Tattnall County shall receive the sum of $100.00 per month in addition to any fees or compensation now received by said ordinary. The said sum of $100.00 shall be paid out of the general funds of Tattnall County. 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. Georgia, Tattnall County. I, Russell B. Rhoden, publisher of the Tattnall Journal, official newspaper of Tattnall County, do hereby swear that the advertisement attached hereto was, published in the editions of January 8th, 15th, and 22nd, 1953. /s/ Russell B. Rhoden, Publisher, Tattnall Journal, Reidsville, Georgia.

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Sworn to and subscribed before me, this January 26th., 1953. /s/ B. D. Dubberly, Notary Public. (Seal). Notice of Local Legislation. Georgia, Tattnall County. Notice is hereby given that a bill will be introduced in the General Assembly of Georgia convening in January, 1953, to amend an Act to provide for the payment of a salary and compensation to the Ordinary of Tattnall County, Georgia, and to provide for the payment and fix salary and compensation to the said Ordinary of Tattnall County, Georgia, and to prescribe his compensation as such officer of said county, and for other purposes. This January 6th., 1953. H. M. Mishoe, Representative, Tattnall County, Georgia. /1/8/3t/ Approved February 25, 1953. MUNICIPAL COURT OF AUGUSTASALARIES. No. 263 (House Bill No. 368). An Act to amend an Act of the General Assembly, approved February 21, 1951, and contained in Georgia Laws 1951, pages 3345-3370, which Act is entitled 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 in the City of Augusta; to establish and create in lieu thereof a Municipal Court in and for the

Page 2628

City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes; together with all the amendatory Acts thereof; to revise, consolidate and clarify all the laws establishing, concerning, and relating to the Municipal Court, City of Augusta, in and for the County of Richmond; to provide for the election of judge thereof and the appointment of all other officers; to increase the jurisdiction of said court; to establish and revise the rules of procedure; to provide for trial by jury of six members; to repeal all conflicting and unnecessary laws; and for other purposes; so as to change the salary of the judge from $6250.00 per annum to $6562.50 per annum, and to change the salary of the clerk from $3900.00 per annum to $4515.00 per annum, the salary of the sheriff from $3900.00 per annum to $4515.00 per annum, and to provide for the salary of the deputy clerks as to what they shall be and provide for the salary of the deputy sheriffs as to what they shall be, and to provide that in case of emergency to authorize pay raises of any of the officers and employees provided for by 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 the authority of the same; Section 1. That Paragraph Nine (9) contained in Part One (1) of the Acts of the General Assembly of Georgia, approved February 21, 1951, on pages 3345-3370, and appearing on pages 3349-3350, in said Act whose caption is set forth in the caption thereof, be, and the same is hereby amended so as to strike therefrom Paragraph Nine (9) of Part One (1) appearing on pages 3349-3350 of said Act approved February 21, 1951, and inserting in lieu thereof, the following, to wit:

Page 2629

Section 2. Paragraph Nine (9). Be it further enacted by the authority aforesaid; that the salary of the Judge of the Municipal Court shall be $6562.50 per annum; the salary of the clerk of said court shall be $4515.00 per annum; the salary of the chief deputy clerk shall be $3375.00 per annum; and the clerk of said court shall have the power, by and with the consent of the said judge to appoint two (2) deputy clerks at $3037.50 salary per annum; and the clerk of said court shall have the power, by and with the consent of the said judge to appoint a deputy clerk or deputy clerks as the business of said court may demand, at a salary not to exceed $8.00 per diem. The salary of the sheriff of said court shall be $4515.00 per annum; the salary of the chief deputy sheriff shall be $3375.00 per annum; and the sheriff of said court shall have the power, by and with the consent of the judge of said court to appoint four (4) deputy sheriffs at $3375.00 per annum, and with the consent of the judge of said court a deputy sheriff or deputy sheriff's as the business of said court may demand, at a salary not to exceed $8.00 per diem. Provided, nevertheless, that said deputy sheriff or deputy sheriffs and clerk or deputy clerks shall serve only during such time as both the judge, the clerk, and/or the sheriff may deem their services necessary for the best interest of the court. Any such deputy clerk or deputy sheriff may be discharged by the judge, and/or clerk or sheriff at any time, and any such vacancy or vacancies thus created shall be filled in the same manner as such officers were originally appointed under this Act as amended. Salaries. The compensation of all officers of said municipal court shall be paid monthly out of the treasury of the 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 part of the court expenses of the said court; and, provided further that in case of emergency the Board of Commissioners of Roads and Revenue of Richmond County, Georgia, shall have the right to authorize pay raises for any of the officers and employees provided for by this Act, and may at any time require the reduction

Page 2630

in pay of any emergency pay increase granted to any employees or officers to whom such pay increase might have been granted as provided for by this Act. Section 3. Be it further enacted by the authority of the same, this Act shall be effective as of January 1, 1953. Section 4. Be it further enacted by the authority of the same that hereto is attached 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 5. Be it further enacted that if any section or 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. Section 6. 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/ Sam T. Graham Representative of Richmond County, Georgia. /s/ John C. Bell Representative of Richmond County, Georgia. /s/ W. W. Holley Representative of Richmond County, Georgia. Attorney or Agency John Bell Business Attorney at Law.

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Affidavit of Publication. State of Georgia, Richmond County. Personally appeared, Pat H. Rice, who being duly sworn says that he is the business manager of Newspaper Printing Corp., agent for The Augusta Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice to Increase Salaries of Judge, Sheriff, Deputy Sheriffs, Clerk, and Deputy Clerks of Municipal Court duly appeared in said newspaper on the following dates to wit: January 13-20-27-1953. /s/ Pat H. Rice Sworn to and subscribed before me, this 27th. day of January, 1953. /s/ Edith Loyal, Notary Public, Richmond County, Ga. (Seal). Notice to The Public. Notice is hereby given to the public that the under-signed will introduce at the 1953 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 1951, pages 3349-3370 and the amendatory Acts thereof; which is an Act to amend 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 judge, sheriff, deputy sheriffs, clerk, and deputy clerks of said Municipal Court and to provide for the authority in case of emergency to authorize pay raises for any of the officers and employees provided for by this Act. This 10th day of January, 1953.

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John C. Bell, Representative of General Assembly of Georgia. Sam T. Graham, Representative of General Assembly of Georgia. W. W. Holley, Representative of General Assembly of Georgia. Approved by County Attorney: Franklin H. Pierce, County Attorney As per form. Jan 13, 20, 27. Personally appeared before the undersigned, an officer duly authorized to administer oaths, came W. W. Holley, Sam T. Graham, and John C. Bell, who having been sworn, depose and say that they are the authors of the attached local legislation affecting Richmond County and that the notice attached hereto was published in the Augusta Chronicle, a newspaper of general circulation in Augusta, Richmond County, Georgia, and the legal gazette for sheriff's advertisements on Jan. 13, 1953, Jan. 20, 1953 and Jan. 27, 1953. /s/ Sam T. Graham Representative of Richmond Co., Ga. /s/ John C. Bell Representative of Richmond Co., Ga. /s/ W. W. Holley Representative of Richmond Co., Ga. Sworn to and subscribed before me, this 29th day of January, 1953. /s/ Janette Hirsch Notary Public. Approved February 25, 1953.

Page 2633

BAINBRIDGE CHARTER AMENDED. No. 265 (House Bill No. 495). An Act to amend an Act creating a new charter for the City of Bainbridge, Georgia, approved December 16, 1901 (Ga. Laws 1901, p. 321), as amended, so as to grant to the City of Bainbridge the power to contract with the Commissioner of Roads and Revenues of Decatur County for the use of the Bainbridge Fire Department in protecting property in Decatur County from fire; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Bainbridge, Georgia, approved December 16, 1901, (Ga. Laws 1901, p. 321), as amended, is hereby amended by adding to said charter the following: The City of Bainbridge shall have the power to contract with the Commissioner of Roads and Revenues of Decatur County for the use of the Bainbridge Fire Department in protecting property which is outside the city limits of Bainbridge but within Decatur County. The power to contract, herein set out, shall not exceed the constitutional limitations governing said contracts. Contracts wth county for hire protection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Bill. State of Georgia, County of Decatur. Notice is hereby given, and you are hereby notified that at the 1953 session of the Georgia General Assembly, a bill will be introduced amending the Act which created

Page 2634

a new charter for the City of Bainbridge, Georgia, and amendments thereto, and that this amendment will grant to the City of Bainbridge the power to contract with the Commissioners of Roads and Revenues of Decatur County for the use of the Bainbridge Fire Department in protecting the property in Decatur County from fire; to repeal conflicting laws and for other purposes. This notice is given to comply with the provisions of the Georgia law on the requirements of said notices. This the 17th day of January, 1953. /s/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Representatives, Decature County, Georgia. State of Georgia, County of Fulton. Before me, the undersigned officer duly authorized to administer oaths, personally appeared H. Carl Cloud and J. Willis Conger who, after being duly sworn, deposes and says that the attached and next foregoing instrument entitled Notice of Intention to Introduce Local Bill is a true and correct copy of the notice of intention to apply for 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/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Sworn to and subscribed before me, this 9th day of February, 1953.

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/s/ W. B. Skipworth, Jr. Notary Public, Georgia. Approved February 25, 1953. LAW BOOKS TO UNION COUNTY. No. 9 (House Resolution No. 121-374a). A Resolution. To provide Georgia Supreme Court Reports and Georgia Appeals Reports to Union County. Whereas, the majority of the Georgia Supreme Court Reports and the Georgia Appeals Reports belonging to Union County have been lost or destroyed; and Whereas, such books are necessary for said county to transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Union County, Georgia, a complete set of the Georgia Superme Court Reports and the Georgia Appeals Reports without cost to said county except for payment of packing and transportation charges, said books to be used by the courts and officials of said county. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided said funds are available from any unappropriated funds. Approved February 25, 1953.

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LAW BOOKS TO HARALSON COUNTY. No. 10 (House Resolution No. 115-362d). A Resolution. To provide the Clerk of the Superior Court of Haralson County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Appeals Reports. Whereas, certain volumes of the Supreme Court Reports and the Georgia Appeals Reports belonging to the Clerk of the Superior Court of Haralson County have been lost or destroyed; namely: Georgia Supreme Court Reports, Numbers 2, 3, 4, 7, 8, 9, 14, 17, 20, 21, 22, 23, 24, 26, 33, 58, 60, 61, 62, 63, 65, 68, 78, 89, 94, 107, 121, 127, 128, 130, 137, 142, 150, 155, 157, 164 165, 166, 169, 170, 180, 184; and Georgia Appeals Reports, Numbers 1, 2, 4, 5, 10, 11, 12, 20, 21, 44, 46, 68, 78, and 84; and Whereas, such books are necessary for said county to transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Haralson County, for the use of the library, without cost except as to packaging and mailing costs, the foregoing volumes of the Georgia Supreme Court Reports and Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books on any unappropriated funds in the State treasury. Approved February 25, 1953.

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LAW BOOKS TO TURNER COUNTY. No. 11 (House Resolution No. 99-337c). A Resolution. Providing that the State Librarian is authorized to furnish certain law books to Turner County. Whereas, many of the law books belonging to Turner County, Georgia, have been lost or destroyed; and Whereas, such books are necessary for the County of Turner to transact its business and that of the State: Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Turner County, Georgia, without cost to said county except for payment of packing and transportation charges, the following volumes: Georgia Reports, Volumes 4, 18, 19, 25, 28, 59, 70, 76, 91, 97, 100, 120, 123, 127, 129, 130, 135, 139, 141, 143, 144, 147, 150, 151, 153, 154, 156, 157, 160, 162, 167, 170, 172, 173, 174, 175, 176, 177, 182, 183, 184, 186, 192, 194, 199, 200, 201. Georgia Appeals Reports, Volumes 1, 2, 3, 8, 10, 13, 14, 15, 24, 31, 34, 44, 46, 47, 48, 54, 56, 57, 59, 67, 68, 69, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83. The Clerk of the Superior Court of Turner County, Georgia, is hereby made the custodian of all the volumes above listed for the use of the officers of the Superior Court of Turner 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, provided

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said funds are available from any unappropriated funds. Approved February 25, 1953. LAW BOOKS TO HARALSON COUNTY. No. 12 (House Resolution No. 114-362c). A Resolution. To provide the Ordinary of Haralson County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Appeals Reports. Whereas, certain volumes of the Supreme Court Reports and the Georgia Appeals Reports belonging to the Ordinary of Haralson County have been lost or destroyed; namely: Georgia Supreme Court Reports, Numbers 3, 6, 11, 16, 18, 20, 28, 30, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 62, 63, 64, 65, 67, 70, 73, 75, 76, 83, 88, 91, 97, 102, 106, 107, 112, 116, 127, 131, 132, 134, 136, 138, 140, 147, 148, 153, 161, 162, 168, 173, 180, 186, 187, and 199; and Georgia Appeals Reports, Numbers 1, 4, 7, 9, 10, 12, 16, 17, 18, 19, 24, 27, 28, 29, 33, 34, 43, 45, 58, and 61; and Whereas, such books are necessary for said county to transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Haralson County, without cost except as to packaging and mailing costs, the foregoing volumes of the Georgia Supreme Court Reports and Georgia Appeals Reports. Be it further resolved that if for any reason the

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State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided said funds are available from any unappropriated funds. Approved February 25, 1953. LAW BOOKS TO NEWTON COUNTY. No. 13 (House Resolution No. 108-337L). A Resolution. To provide for the furnishing of certain law books by the State Librarian to the Ordinary of Newton County, Georgia. Whereas, many of the law books belonging to Newton County, Georgia, have been lost or destroyed; and Whereas, such books are necessary for the County of Newton to transact its business and that of the State: Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Newton County, Georgia, without cost to said county, the following volumes: Georgia Reports, Volumes 26, 44, 59, 60, 65, 78, 114, and 123. Georgia Appeals Reports, Volumes 18, 23, 26 and 47. And that if for any reason the State Librarian cannot furnish the law books specified above, that the Governor be, and he is, hereby authorized to cause the Librarian to furnish such county with the law books

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specified and the Governor is authorized to draw his warrant upon the State Treasurer for the amount required for same. Approved February 25, 1953. LAW BOOKS TO DEKALB CIVIL COURT. No. 14 (House Resolution No. 105-337i). A Resolution. Whereas, some of the law books belonging to the Civil Court of DeKalb County, Georgia, have been lost or destroyed; and Whereas, such books so lost or destroyed are necessary for the carrying on of the business of said court: 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 Civil Court of DeKalb County, Georgia without costs to said court except for payment of packing and transportation charges, the following volumes, to wit: Volumes 4, 7, 8, 14, 17, 23, 33, 37, 63, 78, 88, 113, 123, 147, and 162 of the Georgia Reports; Volumes 39, 61 and 67 of the Georgia Appeals Reports. If for any reason the said State Librarian cannot furnish the law book specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for the same on any unappropriated funds in the State Treasury. Approved February 25, 1953.

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LAW BOOKS TO HABERSHAM COUNTY. No. 15 (House Resolution No. 129-420a). A Resolution. To provide the Clerk of the Superior Court of Habersham County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Appeals Reports. Whereas, certain volumes of the Georgia Supreme Court Reports and Georgia Appeals Reports belonging to the Clerk of the Superior Court of Habersham County have been lost or destroyed; namely, Georgia Supreme Court Reports, volume Nos. 17, 19, 20, 21, 26, 30, 44, 54, 63, 104, 116, 122, 127, 130, 141, 150, 151, 153, 154, 157, 160, 161, 163, 165, 167, 168, 169, 170, 177, 180, 187, 195, 204, 205, and 207; and Georgia Appeals Reports, volume Nos. 1, 2, 11, 20, 21, 31, 32, 33, 34, 37, 39, 42, 44, 73, 77, 78, 82, and 86; and Whereas, such books are necessary for said county to transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Habersham County, for the use of his library, without cost except as to packaging and mailing costs, the foregoing volumes of the Georgia Supreme Court Reports and Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Govenor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided said funds are available from any unappropriated funds. Approved February 25, 1953.

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LAW BOOKS TO PIKE COUNTY. No. 16 (House Resolution No. 134-427a). A Resolution. To provide the Ordinary of Pike County, Georgia certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports. Whereas, certain volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports belonging to the Ordinary of Pike County, Georgia, have been lost or destroyed; namely Georgia Supreme Court Reports, Numbers 1 to 52 inclusive, 54, 55, 56, 58, 59, 60, 61, 62, 63, 68, 69, 70, 77, 78, 79, 81, 82, 85, 86, 87, 88, 93, 94, 105, 115, 122, 126, 133, 134, 143, 148, 149, 154, 155, 166, 170, 174, 178, 184, 191, 192, 196, 197, 198, 199, 200, 201, 202, and 204; and Georgia Court of Appeals Reports, Numbers 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 19, 22, 25, 32, 33, 36, 37, 47, 48, 62, 68, 72, 73, 74, 75, 76, 78, 79, 80, 85, and 86; and Whereas, such books are necessary for said county to transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Pike County, Georgia without cost to said county, the foregoing volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase and furnish said books to the Ordinary of Pike County, Georgia, as aforesaid, provided said

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funds are available from any unappropriated funds. Approved February 25, 1953. LAW BOOKS TO WILCOX COUNTY. No. 17 (House Resolution No. 43-202e). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Wilcox County, without cost to said county, certain law books; and for other purposes. Whereas, the following listed volumes of Georgia Reports and Georgia Appeals Reports, located in Wilcox County courthouse in the possession of the Clerk of the Superior Court are either missing or in a state or repair so as to make their use impractical; to wit: Volumes 1-101 inclusive, 113, 116, 122, 131, 133, 136, 140, 154, 159, and 171 of Georgia Reports and Volumes 1, 5, 10, 17, 57, and 58 of Georgia Appeals Reports and, Whereas, the following listed books that are missing or in a bad state of repair are necessary for the County of Wilcox to officially transact its business and that of the State: Now therefore, be it resolved by the House of Representatives, the Senate concurring, so as to be a concurrent resolution of the General Assembly of Georgia; That the State Librarian be and is hereby authorized and directed to furnish to the Clerk of the Superior Court of Wilcox County, without cost to said county, Volumes 1-101 inclusive, 113, 116, 122, 131, 133, 136, 140, 154, 159, and 171 of Georgia Reports and Volumes 1, 5, 10, 15, 17, 57, and 58 of Georgia Appeals Reports.

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That if for any reason the State Librarian cannot furnish the law books specified in the paragraph next above, that the Governor be and is authorized to draw his warrant upon the State Treasurer for the amount required for same, on any unappropriated funds in the State treasury. Approved February 25, 1953. LAW BOOKS TO GORDON COUNTY. No. 18 (House Resolution No. 103-337g). A Resolution. To provide for the furnishing of certain law books by the State Librarian to the Clerk of the Superior Court of Gordon County, Georgia, and to the ordinary of said county. Whereas, a number of the law books belonging to Gordon County, Georgia, are either lost, destroyed or no long usable; and Whereas, such books are necessary for the County of Gordon to officially transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian be and is hereby authorized and directed to furnish the Clerk of the Superior Court of Gordon County, without cost to said county, Volumes 31, 38, 39, 40, 43, 44, 47, 52, 53, 62, 63, 66, 79, 93, 111, 122, 126, 150, 164, 183, 191 and 207 of the Georgia Reports; and Volumes 9, 29, 38, 39, 42, 46, 47, 49, 51, 53, 54, 83 and 84 of the Georgia Appeals Reports; the State Librarian is further authorized and directed to furnish the Ordinary of Gordon County, without cost to said county, Volumes 26, 34, 36, 37, 41, 42,

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43, 44, 47, 52, 53, 55, 59, 61, 63, 74, 94, 165, 167, 185, 187, 198, 199 and 200 of the Georgia Reports and Volumes 9, 26, 36, 37, 39, 41, 42, 43, 44, 45, 48, 50, 52, 55 and 69 of the Georgia Appeals Reports. If for any reason the State Libarian cannot furnish the law books specified, the Governor is hereby authorized to draw his warrant on the State Treasurer in the amount required for said books. Approved February 25, 1953. LAW BOOKS TO WARE COUNTY. No. 19 (House Resolution No. 20-87c). A Resolution. Whereas the majority of Georgia Supreme Court reports and the Georgia Appeals Reports and the Georgia Laws belonging to Ware County has been lost and destroyed, and Whereas such books are necessary for said county to transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Ware County, Georgia the following volumes of the Georgia Supreme Court Reports: Numbers 1 through 113, 115, 116, 117, 118, 119, 120, 122, 123, 124, 125, 127, 128, 129, 130, 133, 134, 139, 140, 141, 143, 146, 151, 153, 155, 160, 168, 169, 174, 176, 177, and 188 to the last issued volume, and the following Georgia Court of Appeals Reports: Numbers 1, 2, 4, 5, 8, 9, 11, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 28, 34, 36, 41, 42, 44, 45, 46, 47, 50, 53, 54, 55, 56, 57, 58, 59, 60, 61, 63, 64, 71, 75 and to furnish to the Ordinary of Ware County, Georgia the following volumes of the

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Georgia Supreme Court Reports: Numbers 1 Through 78, 84, 85, 87, 88, 89, 90, 92, 93, 95, 97, 99, 100, 110, 117, 119, 125, 129, 134, 168, 172, 181, 182, 184, 185, 186, 191, and the following Georgia Court of Appeals Reports; Numbers 2, 8, 22, 28, 42, 44, 45, 56, 59, and the Georgia Laws Reports: Years 1928, 1930, 1932, 1933, 1934, 1936, 1940, 1941, 1944, 1948, without cost to said county except for payment of packing and transportation charges, said books to be used by the courts and the officials of said county Be it further resolved, that if for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State treasury for the amount required to purchase said books as set out above on any unappropriated funds in the State treasury. Approved February 25, 1953. LAW BOOKS TO MORGAN COUNTY No. 20 (House Resolution No. 135-433a). A Resolution. To provide the Clerk of the Superior Court of Morgan County certain enumerated volumes of Georgia Laws. Whereas, certain volumes of the Georgia Laws belonging to the Clerk of the Superior Court of Morgan County have been lost or destroyed; and Whereas, such laws are necessary for said county to transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Morgan County, without cost except as to packaging and mailing, the

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following Georgia Laws: 1943, 1945, 1946, 1947, 1949, 1950, 1951, and 1952. Be it further resolved that if for any reason the State Librarian cannot furish the laws above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase the said laws, provided said funds are available from any unappropriated funds. Approved February 25, 1953. LAW BOOKS TO MACON COUNTY No. 21 (House Resolution No. 148-515e). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Macon County, without cost to said county, certain law books; and for other purposes. Whereas, there are missing from the library of the Superior Court of Macon County certain law books, and Whereas, the business of said court is hampered and delayed because of the lack of such books, Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Superior Court of Macon County, without cost to said county, the following law books: Volumes 1 through 17 inclusive, 19 through 27 inclusive, 29, 33, 34, 39, 50, 59, 76, 77, 119, 162, 164, 176, 177, 180 and 189 of the Georgia Reports. Volumes 12, 37, 38, 40, 44 through 49 inclusive,

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and 51 of the Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the above books, the Governor is hereby authorized to draw his warrant for the amount required for the same, provided said funds are available from any unappropriated funds. Approved February 25, 1953. LAW BOOKS TO FULTON CRIMINAL COURT. No. 22 (House Resolution No. 119-362h). A Resolution. Authorizing the State Librarian to furnish to the Criminal Court of Fulton County, without cost to said county, certain enumerated volumes of the Georgia Supreme Court, the Court of Appeals, the Annotated Code of Georgia of 1933, and the Acts and Resolutions of the General Assembly of the State of Georgia Whereas, there is missing and lost from the library of the Criminal Court of Fulton County the following enumerated volumes of the Georgia Reports of the Supreme Court, Court of Appeals Reports, Annotated Code of Georgia 1933, and the Acts and Resolutions of the General Assembly of the State of Georgia, to wit: Georgia Supreme Court Reports, Volumes 35, 36, 105, 127, 191, 198, and 199; and Court of Appeals Reports, Volume 17; and Annotated Code of Georgia of 1933, books 13 and 31 and 34; and Acts and Resolutions of the General Assembly of

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the State of Georgia, years 1908, 1909, 1913, 1915 Ext., 1917 Ext., 1923 Ext., 1935, 1941, 1943 Ext., 1944 Ext., 1945, 1947, 1949, 1950 and 1951. Whereas, the business of said court is hampered and delayed on account of said lack of said Reports, Code and Laws, as above enumerated; Therefore, be it resolved by the General Assembly of the State of Georgia, that the State Librarian be, and she is hereby authorized and directed to furnish to the said Criminal Court of Fulton County, for the use of its library, without cost to Fulton County, the missing volumes of said Georgia Reports of the Supreme Court, and of the Court of Appeals, and of the Annotated Code of Georgia of 1933, and of the Acts and Resolutions of the General Assembly of the State of Georgia, as above enumerated. If for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for the same, provided said funds are available from any unappropriated funds. Approved February 25, 1953. VILLA RICA CHARTER AMENDED. No. 269 (House Bill No. 412). An Act to amend, modify and change the charter of City of Villa Rica approved August 19, 1912, and Acts amendatory thereto, to modify, change, provide for and regulate the time and manner for organization and taking of office by the newly elected mayor and councilmen of said city. And for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by the authority aforesaid, that, from and after the passage of this Act, the charter of City of Villa Rica, Georgia, be, and the same is hereby amended, changed, and modified as follows: Section 1. That the mayor and councilmen duly elected at regular election in said City of Villa Rica shall take office on first Tuesday in January, following any and all elections as held on first Thursday in December, as provided by the charter of said city as amended by Acts of Georgia Legislature on February 15, 1952. Mayor and councilmen. Section 2. A copy of the notice of intention to apply for this local legislation and the certificate of the editor and publisher are attached and made a part of this Act and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the said notice have been complied with for the enactment of this law. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Carroll County. This is to certify that the attached Notice To Apply For Local Legislation was published in the Times-Free Press, of Carrollton, Georgia, the legal organ of Carroll County, Georgia, for the year 1953, in issues of January 15th, 22nd and 29, 1953. /s/ Jewell R. Dean, Editor and Publisher of Times- Free Press. Sworn to and subscribed before me this January 30, 1953. /s/ Ruth Smith, Notary Public (Notarial Seal Affixed)

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Notice of Intention to Apply for Local Legislation. Georgia, Carroll County: Notice is hereby given that local legislation having the following title will be introduced at the coming (1953) session of the General Assembly of Georgia: An Act to amend, modify and change the charter of City of Villa Rica approved August 19, 1912, and Acts amendatory thereto, to modify, change, provide for and regulate the time and manner for organization and taking of office by the newly elected mayor and councilman of said city. And for other purposes. This January 12, 1953. Mayor and City Council of City of Villa Rica, Georgia. S. N. Richardson, Mayor. J1 5-3c. Notice of Intention to Apply for Local Legislation. Georgia, Carroll County. Notice is hereby given that local legislation having the following title will be introduced at the coming (1953) session of the General Assembly of Georgia: An Act to amend, modify and change the charter of City of Villa Rica approved August 19, 1912, and Acts amendatory thereto, to modify, change, provide for and regulate the time and manner for organization and taking of office by the newly elected mayor and councilmen of said city, and for other purposes. Mayor and City Council of City of Villa Rica, Georgia. S. N. Richardson, Mayor. Approved February 26, 1953.

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OGLETHORPE COUNTY COMMISSIONERS. No. 271 (House Bill No. 442). An Act to amend an Act entitled, An Act to create the office of Commissioner of Roads and Revenues in and for Oglethorpe County, provide the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in interim and for other purposes, approved August 15, 1904 (Ga. Laws 1904, p. 278), as amended, especially as amended by Acts approved August 18, 1905 (Ga. Laws 1905, p. 575), approved August 1, 1911 (Ga. Laws 1911, p. 475), approved August 18, 1919 (Ga. Laws 1919, p. 715), approved August 9, 1920 (Ga. Laws 1920, p. 594), approved August 15, 1927 (Ga. Laws 1927, p. 643), so as to change the salary of the commissioner; to provide for the salary of the members of the advisory board; to change the qualifications of the members of the advisory board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled, An Act to create the office of Commissioner of Roads and Revenues in and for Oglethorpe County, provide the methods of the election of such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in interim, and for other purposes, approved August 15, 1904 (Ga. Laws 1904, p. 278), as amended, especially as amended by Acts approved August 18, 1905 (Ga. Laws 1905, p. 575), approved August 18, 1919 (Ga. Laws 1919, p. 715), approved August 9, 1920 (Ga. Laws 1920, p. 594), approved August 15, 1927 (Ga. Laws 1927, p. 643), is hereby amended by striking Section 5 in its entirety, and inserting in lieu thereof a new Section 5, which shall read as follows:

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Section 5. The Commissioner of Roads and Revenues of Oglethorpe County shall receive three hundred dollars ($300.00) per month as compensation for his services, the salary to be paid out of the county treasury at the end of each month. The commissioner, the ex officio commissioner, and the advisory board are authorized to employ a superintendent of roads, bridges, and labor, who has a knowledge of drainage and road building. The commissioners and advisory board are also authorized to employ overseers and other employees that are necessary for maintaining and working the public roads, and shall fix their compensation at their reasonable discretion, except as otherwise prescribed by law. The commissioner is authorized to employ a clerk to keep the minutes and books of his office. The commissioners and advisory board shall fix the salary of the clerk, which shall be paid out of the county treasury. Compensation of commissioner. Section 2. Said Act, as amended, especially as amended by an Act approved August 1, 1911 (Ga. Laws, 1911, p. 475) and by an Act approved August 18, 1919 (Ga. Laws 1919, p. 715), is further amended by striking from the sixth, seventh, eighth, ninth, and tenth lines of the third paragraph of Section 4 of the Act approved August 18, 1919 (Ga. Laws 1919, p. 715) the words, and who shall receive four dollars per day for their services, but shall not receive more than one hundred dollars per annum, and who shall not be residents of the militia district in which the county court house is situated, and inserting in lieu thereof the sentence, The members of the advisory board shall receive one hundred dollars per year for their services, to be paid out of the county treasury, so that said paragraph, as amended, will read as follows: And be it further enacted, that the advisory board created by an Act approved August 1, 1911, shall be vested with all the powers and authority vested in the Commissioners of Roads and Revenues, and in the Ordinary of said County of Oglethorpe as ex officio Commissioner of Roads and Revenues for Oglethorpe County. The members of the advisory board shall receive one

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hundred dollars per year for their services, to be paid out of the county treasury. That Section 1 of said Act be amended by striking the word `two' and inserting the word `three' so that said Advisory Board shall consist of three members hereafter, and that the member herein provided for to be added to said board shall be elected at the next general State election to be held in 1920. All vacancies shall be filled by appointment by the judge of the superior court the appointee to hold office until the next general election, provided, that the commissioner of roads and revenues shall retain the authority to direct and control all labor while actually engaged in the building and construction of roads and bridges. Compensation of advisory board members. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, George B. Brooks, who, on oath, deposes and says that he is Representative from Oglethorpe County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo, which is the official organ of Oglethorpe County, on the following dates: December 25, 1952, January 1, 1953, and January 8, 1953. /s/ George B. Brooks, Representative, Oglethorpe County. Sworn to and subscribed before me, this 4 day of February, 1953. /s/ Floy C. Stephenson, Notary Public. Notice of Legislation. Notice is hereby given that a bill will be introduced

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in the next General Assembly which convenes in January, 1953, amending the original Act creating the office of Commissioner of Roads and Revenue of Oglethorpe County, and all amendatory Acts thereto. Geo. B. Brooks, Representative, Oglethorpe Co. Approved February 26, 1953. DECATUR COUNTYFIRE PROTECTION. No. 272 (House Bill No. 494). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Decatur, approved March 4, 1935 (Ga. Laws 1935, p. 630), as amended, so as to grant to the Commissioners of Roads and Revenues of Decatur County the power to contract with the City of Bainbridge for the use of the fire department of said city in protecting property in Decatur County from fire; to provide for the levy of a tax; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Decatur, approved March 4, 1935 (Ga. Laws 1935, p. 630), as amended, is hereby amended by adding a new Section to be known as Section 14A. 14A. (1) The Commissioners of Roads and Revenues of Decatur County shall have the power to contract with the City of Bainbridge for the use of the Bainbridge Fire Department in protecting property within Decatur County but outside the city limits of Bainbridge. The power to contract, herein set out, shall not exceed the

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constitutional limitations governing said contracts. Contracts with City of Bainbridge. (2) In the event such a contract is entered into the Commissioners of Roads and Revenues of Decatur County shall levy a tax upon the taxable property in the five commissioner districts herein set out which shall be sufficient for the purpose of maintaining the cost of such fire protection but which shall not exceed one mill. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Bill. State of Georgia, County of Decatur. Notice is hereby given, and you are hereby notified that at the 1953 session of the Georgia General Assembly that the Act creating a Board of Commissioners of Roads and Revenues for the County of Decatur as amended will be amended, and that this amendment will grant to the Commissioners of Roads and Revenues of Decatur County, Georgia, the power to contract with the City of Bainbridge for the use of the fire department of said city in protecting property in Decatur County from fire; to provide for the levy of a tax not to exceed one mill for the payment of said protection; to repeal conflicting laws and for other purposes. This notice is given to comply with the provisions of the Georgia law on the requirements of said notices. This 17th day of January, 1953. /s/ H. C. Cloud, H. Carl Cloud /s/ J. Willis Conger J. Willis Conger, Representatives, Decatur County, Georgia.

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State of Georgia, County of Fulton. Before me, the undersigned officer duly authorized to administer oaths, personally appeared H. Carl Cloud and J. Willis Conger, who, after being duly sworn, depose and say that the attached and next foregoing instrument entitled Notice of Intention to Introduce Local Bill is a true and correct copy of the notice of intention to apply for 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/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Sworn to and subscribed before me, this 9th day of February, 1953. /s/ W. B. Skepworth, Jr. Notary Public, Georgia. Approved February 26, 1953. STOCKBRIDGE CHARTER AMENDED. No. 273 (House Bill No. 490). An Act to amend the charter of the City of Stockbridge, in the County of Henry, and State of Georgia, to amend Section Three (3) thereof, to provide for the election of mayor, recorder and five councilmen, by electing the mayor and recorder annually for a one year term each, and the five councilmen, three to be elected for

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a two year term, and two to be elected for a one year term, and that their successors in office shall each be elected for a two year term: and that the first election hereunder shall be held on the third (3rd) Saturday in December, A.D. 1953, and that an election shall be held for mayor, recorder, and such members of council whose terms expire at the end of said year, on the third (3rd) Saturday in December of each year thereafter, and that the persons so elected at any one of said elections shall take office on the first (1st) day of January of the year immediately following any such election. And to amend Section Five (5) of said charter by striking from the last sentence thereof the words an election and the word elected and substituting in lieu of the word elected the word named; and to amend Section Fourteen (14) of said charter by adding in the first sentence thereof after the word electric lights the word gas; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act that the charter of the City of Stockbridge in the County of Henry and State of Georgia, approved August 6th, 1920 and amended March 6, 1945, shall be amended in the following particulars, to wit: That Section Three (3) of said charter of the City of Stockbridge shall be amended by striking therefrom the entire section and substituting in lieu thereof the following section, to wit: Section 3. Be it further enacted, that the municipal government of said city shall be vested in a mayor and five councilmen, and a recorder, all to be elected by the people of said city as follows: That the mayor and recorder shall be elected for a term of one year or until their successors are elected and qualified; and that the councilmen shall be elected for a term of two (2) years each, or until their successors are elected and qualified, except that in the first election held hereunder that the three (3) councilmen polling the highest number of votes

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in said election shall be elected for a term of two (2) years and the two (2) councilmen elected in said election who poll the lowest number of votes in said election shall be elected for a term of one (1) year each, and thereafter all councilmen shall be elected for a term of two (2) years each. And the first election to be held hereunder shall be held on the third (3rd) Saturday in December, 1953, and annually thereafter on the same date, and the present mayor, councilmen and recorder shall hold office until the first (1st) day of January, 1954, and until their successors are elected and qualified, at which time those elected on the first annual election hereunder shall take office. Elections. Section 2. That Section Five (5) of said charter of the City of Stockbridge shall be amended as follows: By striking from the last sentence thereof the words an election and the word elected and by substituting for the word elected the word named, so that said section when amended shall read as follows: Section Five (5). Be it further enacted, that the mayor and council may provide by ordinance for the manner of holding elections for officers of said city, to fix qualifications of voters and eligibility of the citizens in said city; provided such ordinances be not inconsistent with the laws of said State or the United States. In the event of a vacancy in any of the offices of said city the mayor and council may fill the vacancy, the person so named to hold office until the next regular election. Elections. Section 3. That Section Fourteen (14) of said charter of the City of Stockbridge shall be amended as follows: By adding to the first sentence of said section after the twenty-ninth (29th) word of said sentence the word gas, natural gas, so that said section as amended shall read as follows: Section Fourteen (14). Be it further enacted, that the mayor and council of said city shall have the power and authority to construct, maintain and operate a system of waterworks, electric lights, gas, natural gas and

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sewerage in said city, under such rules and regulations as they may prescribe and to issue bonds for the payment of same whenever the same shall be authorized by the voters of said city in the manner prescribed by the constitution and laws of said State. Utility systems. 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. Georgia, Henry County. Personally before the undersigned, an officer who is authorized by law to administer oaths came, Frank J. Linch, the subscribed, who after being duly sworn, on oath, says that he is owner and editor of The Weekly Advertiser, a newspaper published in and for the County of Henry, State of Georgia, and in which the sheriff of said county advertises his sales, and that a Notice of Intention of Local Legislation, a copy of which is hereinafter attached to this affidavit, was duly run in said newspaper for three (3) weeks, on January 22 and 29th and February 5th in 1953, said notice signed by Edward E. McGarity, as Representative for Henry County, Georgia, in the General Assembly now in session. Copy of Notice. Notice of Intention to Apply for Legislation. Whereas, the Mayor and Council of the City of Stockbridge, Georgia, have requested me to introduce a bill in the General Assembly of Georgia, which is now in session, making certain changes in the corporate charter of the City of Stockbridge, this is to notify all persons who may be interested that I intend to introduce a bill in this session of the General Assembly of Georgia to amend the charter of the City of Stockbridge, in the County of Henry, State of Georgia, in the following particulars, to wit: An Act to amend the charter of the City of Stockbridge,

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in the County of Henry, and State of Georgia, to amend Section Three (3) thereof, to provide for the election of mayor, recorder and five councilmen, by electing the mayor and recorder annually for a one year term each, and the five councilmen, three to be elected for a two-year term, and two to be elected for a one year term, and that their successors in office shall each be elected for a two year term: And that the first election hereunder shall be held on the third (3rd) Saturday in December, A.D., 1953, and that an election shall be held for mayor, recorder and such members of council whose terms expire at the end of said year, on the third (3rd) Saturday in December of each year thereafter, and that the persons so elected at any one of said elections shall take office on the first (1st) day of January of the year immediately following any such election. And to amend Section Five (5) of said charter by striking from the last sentence thereof the words an election and the word elected and substituting in lieu of the word elected the word named. And to amend Section Fourteen (14) of said charter by adding in the first sentence thereof after the words electric lights, the word gas. And for other purposes. This 21st day of January, 1953. Edward E. McGarity, Representative for Henry County in the General Assembly of Georgia. 2-5-3tc. Deponent says further that the above is a correct copy of the notice as run in said newspaper. /s/ Frank J. Linch. Sworn to and subscribed before me, this 6th day of February, 1953.

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/s/ Thos. J. Brown, Jr., Notary Public Henry County Ga. Approved February 26, 1953. MACON LIMITS EXTENDED. No. 274 (House Bill No. 383). An Act to amend an Act approved August 3, 1927, entitled: An Act to reenact the charter of the City of Macon, contained in the Act approved August 17, 1914, 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 been necessary or proper, all the Acts constituting the charter of the City of Macon 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 described Act appearing on pages 1283 through 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 reenacting any section or subsection of said Act or Acts, and particularly the Act of the General Assembly of Georgia approved February 1, 1951, and appearing in the published Acts of the General Assembly of Georgia on page 2101 through 2111, both inclusive; to amend Section 2 of said Act of 1927 as changed and reenacted by said Act of 1951 by adding at the end thereof description of new territory to become a part of the City of Macon to ratify and confirm an annexaation election; to describe such territory; 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:

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Section 1. An Act of the General Assembly of Georgia approved August 3, 1927, entitled: An Act to reenact the charter of the City of Macon, contained in the Act approved August 17, 1914, together with the Acts amending 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 the Acts constituting the charter of the City of Macon 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 described Act appearing on pages 1283 through 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 reenacting any section or subsection of said Act or Acts, and particularly the Act of the General Assembly of Georgia approved February 1, 1951, and appearing in the published Acts of the General Assembly of Georgia of 1951 on page 2101 through 2111, both inclusive, are further amended by adding to Section 2 of said Act of 1927 as changed and reenacted by said Act of 1951, description of new territory to become a part of the City of Macon, and ratifying and confirming the annexation election held July 23, 1952. Section 2. The annexation election held on July 23, 1952 which resulted in the annexation of the territory described below is hereby ratified and confirmed and adopted as an annexation by this body. The territory which became a part of the City of Macon on July 23, 1952 and which is hereby declared to be within the corporate limits of said city is described as follows: Commencing at a point on the northerly side of the 200-foot highway right of way of Riverside Drive (formerly called Jackson Short Route) where the line dividing Land Lots 362 and 357, 13th District, Bibb County, Georgia, intersects said northerly side of said right of way; thence northerly along said dividing line a distance of 100 feet to a point; thence angle right 90 in an easterly

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direction a distance of 2400 feet, more or less, to the westerly line of the Southern Railway main line right of way in said Land Lot 362; thence in a southerly direction along said westerly line of said railway right of way to the corporate limits lines of the City of Macon at the center line of Vineville Branch, as set forth and described in Georgia Laws 1951 at page 2104; thence angle right along the center line of Vineville Branch, which is the present city limits line to the east line of Riverside Drive (formerly called Jackson Short Route); thence angle right and run in a northerly direction along the east line of Riverside Drive to a point 150 feet north of the north side of Ingleside Avenue; thence angle left and run in a westerly direction parallel with and 150 feet north of the north side of Ingleside Avenue to a point 150 feet east of the east side of Pine Crest Drive; thence angle right and run in a northerly direction parallel with and 150 feet east of the east side of Pine Crest Drive to a point on Hudgins Avenue which is an easterly extension of the north line of Lot 4, Block 30, of the Vineville Heights Addition (Ocmulgee Park); thence angle left and run along an easterly extension of said Lot 4 to the west side of Horne Avenue; thence angle left and run in a southerly direction along the west side of Horne Avenue to the south side of the utility way immediately to the north of lots in Block 33, Vineville Heights Addition; thence angle right and run in a westerly direction along the south side of said utility way to a point where a southerly continuation of the east line of Lot 1, Blanton Winship Estate, would intersect south side of said utility way; thence angle right and run in a northerly direction along the rear lines of Lots 1, 2, 3, 4, 5, 6, 7, Blanton Winship Estate, to a point on the south line of Lot 11; thence angle left and run in a westerly direction along the south line of Lot 11 to the southwest corner of Lot 11; thence angle right and run in a northerly direction along the rear lines of Lots 8, 9, 10, 11; thence angle right and run in a northerly direction along the rear lines of Lots 8, 9, 10, Blanton Winship Estate, and a continuation of same to the north side of Old Holton Road; thence angle left and run in a westerly direction along the north side of Old Holton

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Road to the west side of Corbin Avenue; thence run in a northerly direction along the west side of Corbin Avenue to the north line of Lot 31, Block B, Jackson Heights Subdivision; thence run in a westerly direction along the north line of Lots 31, 27, 26, Block B, Jackson Heights Subdivision, to the east line of Lot 25, Block B, Jackson Heights Subdivision; thence run in a northerly direction along the east line of said Lot 25 to the southwest line of Riverside Drive; thence run in a north-westerly direction along the southwest line of Riverside Drive for a distance approximately seventy (70) feet to the run of Bowman Creek; thence angle left along the run of said creek to the easterly side of Old Holton Road; thence run in a northwesterly direction along the east side of Old Holton Road to a point where Old Holton Road intersects the east side of Pierce Avenue Extension; thence northerly along the east side of Pierce Avenue Extension to the southerly side of Riverside Drive; thence angle left along the southerly side of said Riverside Drive right of way to a point directly across said right of way from the beginning point; thence angle right 90 across the said right of way in a northeasterly direction to the point of beginning. Section 3. From and after the passage and approval of this Act, the following described territory, contiguous to the existing limits of the City of Macon shall be a part of said city, and included with in its corporate limits: a. All that tract of parcel of land lying and being in Bibb County, Georgia, described as follows: Beginning at a point where the center line of Plant Street intersects with the center line of Felton Avenue (formerly Sixth Avenue); thence run in a southerly direction along the center line of Felton Avenue, which line is the present city limit line, to the north side of Anthony Road; thence angle right and run in a westerly direction along the north side of Anthony Road to the east side of College Street (formerly Fourth Avenue); thence angle right and run in a northerly direction along the east side of College Street (formerly Fourth Avenue) to the

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south side of Fletcher Street (formerly Second Street); thence angle right and run in an easterly direction along the south side of Fletcher Street to the east side of College Drive (formerly Fifth Avenue); thence angle left and run in a northerly direction along the east side of College Drive to a center line of Sherwood Drive (formerly First Street) which is the present city limit line; thence angle right and run in an easterly direction along the present city limit line, to point of beginning. b. All that tract or parcel of land lying and being in Bibb County, Georgia, described as follows: Beginning at a point on the present city limit line on Felton Avenue, said point being 460.0 feet, more or less, south of the center line of the intersection of Felton Avenue and Ell Street; thence South 0-19 minutes east along the center line of Felton Avenue and the present city limit line a distance of 180 feet; thence due west for 217.6 feet; thence south 0-19 minutes east for 50 feet; thence north 89-01 minutes west for 279-77 feet; thence south 0-59 minutes west for 150 feet to the north side of Graham Road; thence north 89-01 minutes west for 30 feet; thence north 0-59 minutes east for 290 feet; thence north 89-01 minutes west for 610.15 feet; thence south 1-39 minutes west for 26.33 feet; thence south 9-56 minutes west for 266.91 feet; thence south 0-34 minutes-23 seconds west for 20 feet; thence south 89-01 minutes east for 18.82 feet; thence south 0-59 minutes west for 260 feet; thence north 89-01 minutes west for 160 feet; thence south 87-11 minutes-08 seconds west for 254.56 feet; thence south 0-34 minutes-29 seconds west for 115.46 feet; thence south 87-30 minutes west for 420.8 feet to the east line of the right of way of Rock Street; thence north 0-34 minutes-23 seconds east along the east line of the right of way of Rock Street for 1235 feet to the south side of Ell Street; thence due east along the south side of Ell Street for 1666.4 feet; thence south 0-58 minutes-14 seconds west for 320.02 feet; thence south 69-57 minutes-22 seconds east for 117.67 feet; thence south 0-19 minutes east for 85 feet; thence due east for 217.6 feet to point

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of beginning. Provided however, that the land described in this paragraph B shall not become a part of the City of Macon unless and until the land described in this paragraph B is acquired by the Macon Housing Authority, either by condemnation or otherwise. Upon the acquisition by said authority of the land described in this paragraph B, or any portion thereof, then and in such event such land so acquired shall instanter become a part of and incorporated into said City of Macon. c. All that tract or parcel of land containing 126 acres, more or less, lying and being in Bibb County, Georgia, and in land lots 348, 356, 357, 362 and 363 of the Thirteenth Land District thereof contiguous to the property described in Section 2 hereof and more particularly described as follows: Beginning at a point where the southwest line of the right of way of Riverside Drive intersects the southeast line of the right of way of Wimbish Road; and running thence along the southerly line of Wimbish Road in a westerly direction a distance of 507 feet to an iron pipe at the northwest corner of lot 16 as shown on a plat recorded in Plat Book 20, folio 88, clerk's office, Bibb Superior Court; thence running in a southerly direction along the westerly line of said Lot 16 to the southwest corner thereof; thence in a westerly and southwesterly directions along the southerly lines of the lots in the subdivisions shown on plats recorded in Plat Book 20, folio 88 and Plat Book 19, folio 74, said clerk's office, to the extreme south corner of lot 38 according to said plat in Plat Book 20, folio 88; thence running south 3155 min. west a distance of 75 feet, more or less, to a point on the south side of the sixty foot proposed road shown on plat recorded in Plat Book 22, folio 62, said clerk's office; thence in an easterly and northeasterly direction along the southerly and southeasterly side of said proposed road a distance of 500 feet, more or less, to the extreme northerly corner of the property of H. A. Thornton shown on said plat recorded in Plat Book 22, folio 62; thence south 6604 min. east a distance of 370 feet, more or less, to the center of a wet weather branch;

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thence in an easterly direction along the center of said wet weather branch to a point on the present city limits line on the southwest line of the right of way of Riverside Drive; thence in a northwesterly direction along the present city limits line and along said right of way line a distance of 3030 feet, more or less, to the point of beginning; provided, however, that there is excluded from the foregoing area approximately one and one-half acres, being so much of the five acre tract at one time owned by Amelia Richardson and now claimed by Lewis Bates as lies within the boundaries above described. Section 4. From and after the passage of this Act, the territory herein and above described shall be as fully subject to the terms of the charter of the City of Macon as if originally set forth in said Act of 1927, except that the land described in paragraph b of Section 3 shall be so subject when acquired by Macon Housing Authority. Section 5. Evidence of advertising required by the Constitution of Georgia of 1945 is hereto attached and made a part hereof. Section 6. All laws or parts of laws in conflict herewitj are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned attesting authority Andrew W. McKenna, who on oath deposes and says that he is the author of the within and attached bill, and that the notice of intention to ask for local legislation, as the same appears in the within and attached clipping from The Macon News, was published in The Macon News, the newspaper in Bibb County, Georgia, in which the sheriff's advertisements for said county are published upon December 19, 1952, December 26, 1952, and January 2, 1953. /s/ Andrew W. McKenna, Andrew W. McKenna,
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Member General Assembly Bibb County, Georgia. Sworn to and subscribed before me, this the 29th day of January, 1953. /s/ Janette Hirsch. Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Georgia, Bibb County. To Whom It May Concern: Notice is hereby given that application will be made to the 1953 session of the General Assembly of Georgia for the passage of the following bill, to wit: A bill to be entitled 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 the Acts constituting the charter of the City of Macon, 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 described Act appearing on pages 1283 through 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 or subsection of said Act or Acts, and particularly the Act of the General Assembly of Georgia approved February 1, 1951, and appearing in the published Acts of the General Assembly of Georgia of 1951 on page 2101 through page 2111, both inclusive; to amend Section 2 of said Act of 1927 as amended by

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said Act of 1951 by adding at the end thereof description of new territory to become a part of the City of Macon, to describe such territory; and for other purposes. This notice is given in compliance with Article 3 Section 7, paragraph 15 (Code Section 2-1915) of the Constitution of Georgia of 1945. This December 15, 1952. E. S. Sell, Jr., City Attorney. Approved February 26, 1953. HABERSHAM COUNTYZONING. No. 275 (House Bill No. 420). An Act to authorize the Board of Commissioners of Roads and Revenues, or the Ordinary in the absence of Commissioners of Roads and Revenues, of Habersham County to create and establish restricted zones or districts; to define the boundaries and limits of such zones or districts, provided fifty-one percent 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 in 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; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Board of Commissioners of Roads and

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Revenues, or the Ordinary in the absence of Commissioners of Roads and Revenues, of Habersham County shall have the right to create and establish restricted zones or districts throughout the territorial limits of Habersham 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 percent of the property owners in area of land within such zone or district consent thereto; to prohibit the use or maintenance of any building in such areas or districts except for the purposes specified, and to adopt rules and regulations for the enforcement of this Act; provided, however, that said restricted areas or districts must be outside the limits of incorporated towns and municipalities in said county. Zoning. Section 2. Said board of commissioners or ordinary 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. Before any such area or district is established or altered by said board of commissioners or ordinary, notice of the proposed action of the board or ordinary 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 or public hearing by the ordinary, at which such proposed action will be considered. At such meeting of the board of commissioners of roads and revenues or hearing by the ordinary, or any subsequent meeting to which the matter may be deferred,

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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. Hearing. Section 4. 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 or ordinary 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. Any building or structure erected, occupied, used or maintained in violation of the provisions of this Act, or in violation of the orders of said board of commissioners or ordinary in pursuance of this Act, is hereby declared to be a nuisance, and it is hereby made the duty of the solicitor-general of the circuit in which Habersham County is located to prosecute all persons violating the provisions of this Act. This remedy is cumulative of other remedies provided by law for the abatement of nuisances. Said solicitor may proceed by prosecution of the guilty persons or by action to abate a nuisance or by injunction or otherwise, as he may see fit. This section shall not derogate from the right of any interested person to proceed otherwise. Violations. Section 6. 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. Section 7. The Board of Commissioners of Roads and Revenues, or the Ordinary of Habersham 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. Rules and regulations.

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Section 8. This Act shall not repeal any law now in force restricting the construction and defining the conditions under which cemeteries, hospitals and other similar institutions may be constructed and maintained within Habersham County, Georgia. Existing laws. Section 9. The board of commissioners or the ordinary may from time to time alter or change the boundaries of any restricted area or district authorized by this Act, or the restriction upon the whole or any part of the property included within any restricted area theretofore established by authority of said board; provided, consent thereto is obtained from fifty-one percent 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 or district. Changes in districts. Section 10. If any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional. Section 11. This Act shall take effect upon its approval. Section 12. 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

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of Georgia, to be entitled: An Act to authorize the Ordinary of Habersham County, Georgia, to pass and adopt zoning and planning laws, rules and regulations whereby Habersham County, Georgia, may be zoned or districted for various uses provided therein, and regulating the use for which said zone or districts may be set apart and regulating the plans for development and improvements of real estate therein, upon the consent of fifty-one percent of the owners of property within said zone or district, and for other purposes. This, the 9th day of January, 1953. T. Sidney Blackburn, Representative, Habersham County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, T. Sidney Blackburn, who, on oath, deposes and says that he is Representative from Habersham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser, which is the official organ of Habersham County, on the following dates: January 15, 1953, January 22, 1953, and January 29, 1953. /s/ T. Sidney Blackburn Representative, Habersham County. Sworn to and subscribed before me, this 2 day of January, 1953. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Notarial Seal Affixed). Approved February 26, 1953.

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EMANUEL COMMISSIONERS. No. 276 (House Bill No. 492). An Act to amend an Act creating a board of Commissioners of Roads and Revenues for Emanuel County, approved August 18, 1919 (Ga. Laws 1919, p. 646), as amended, so as to change the compensation of the members of said board; to authorize the purchase of an automobile for use on official business; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An act creating a Board of Commissioners of Roads and Revenues for Emanuel County, approved August 18, 1919 (Ga. Laws 1919, p. 646), as amended, is hereby amended by striking Section 14, relating to compensation of the commissioners, in its entirety and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Be it further enacted that the chairman of the board shall be compensated in the amount of fifteen hundred ($1500.00) dollars per annum, to be paid in equal monthly installments. Each of the other two members of the board shall be compensated in the amount of twelve hundred ($1200.00) dollars per annum, to be paid in equal monthly installments. All three of the members shall be paid their actual expenses incurred while on the official business of the board. All of said sums shall be paid by the treasurer of the county on an order of the board and signed by the chairman and clerk. The board is hereby authorized to purchase an automobile out of the general funds of the county to be used on official business of the board only. The commissioners shall be exempt from road, jury and military duty and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Compensation. Automobile. Section 2. All laws and parts of laws in conflict with

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this Act are hereby repealed. Notice of Proposed Legislation. Notice is hereby given that at the 1953 session of the General Assembly of Georgia, a bill will be offered amending the law creating the Board of Roads and Revenue Commissioners of Emanuel County so as to amend that portion relating to the salary of the commissioners. This the 19th day of January, 1953. Geo. L. Smith II. Georgia, Emanuel County. I, the undersigned publisher and manager of Swainsboro Forest Blade, the official organ of Emanuel County, Georgia in which sheriff's advertisements are published, do hereby certify that the notice hereto attached signed by Geo. L. Smith II of intention to apply for passage of local bill amending the law creating the Board of Roads and Revenue Commissioners of Emanuel County, Georgia so as to amend that portion relating to the salary of commissioners, is the exact notice that was published in said Swainsboro Forest Blade as required by the statute in such cases made and provided and that said notice was published as provided by said law, Section 47-801, 1933 Code of Georgia, relating to passage of local bills by the General Assembly. This certificate made this the 6th day of February, 1953. /s/ Bob Gentry Publisher and Manager of Swainsboro Forest Blade. Approved February 26, 1953.

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BEN HILL COMMISSIONERS. No. 277 (House Bill No. 423). An Act to amend an Act entitled An Act to create the Office of Commissioners of Roads and Revenues in and for Ben Hill County, Georgia; to provide for the method of election of such officers; to prescribe their duties and powers; to fix their salaries and term of office; to provide when and how this Act shall become effective; and for other purposes, approved August 15, 1914 (Ga. Laws, 1914, p. 232), as amended, so as to change the salary of the Commissioners of Roads and Revenues of Ben Hill County; to provide extra compensation for the chairman; to repeal all laws in conflict; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create the Office of Commissioners of Roads and Revenues in and for Ben Hill County, Georgia; to provide for the method of election of such officers; to prescribe their duties and powers; to fix their salaries and term of office; to provide when and how this Act shall become effective; and for other purposes, approved August 15, 1914 (Ga. Laws, 1914, p. 232), as amended, is hereby amended by striking the figure two hundred ($200.00) dollars from the second line of Section 14 and inserting in lieu thereof the figure six hundred ($600.00) dollars and inserting after the word annum in the third line of said section the phrase in equal monthly installments, so that said section, as amended, shall read as follows: `Section 14. Be it further enacted by the authority aforesaid, that said commissioners shall receive six hundred ($600.00) dollars each per annum, in equal monthly installments, for their services as county commissioners, to be paid by the treasurer of the county on an order drawn by the order of the board and signed by the chairman and clerk; and said commissioners shall be exempt

Page 2678

from road, jury and military duty, and shall be subject to punishment for malpractice in office in the same manner as justices of the peace. The chairman of the board of commissioners shall receive fifty dollars ($50.00) per month in addition to his salary as a county commissioner. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intended Legislation. To Whom It May Concern: Notice is hereby given that there will be introduced in the General Assembly of Georgia which will convene in January, 1953, a bill to amend the Act creating the Office of County Commissioners of Roads and Revenues in and for Ben Hill County, Georgia, approved August 15, 1914, by providing for a change in salaries of all said commissioners of roads and revenues in and for said county, and to fix their salaries, and how they shall be paid and for other purposes. A. A. Boggus, Representative Ben Hill County, Georgia. Georgia, Fulton County. Personally appeared before the undersigned, an officer authorized under the laws of Georgia to administer oaths, A. A. Boggus, who on oath deposes and says that he is the Representative from Ben Hill County and that he is the author of the within and foregoing bill. Deponent further says that the notice of intention to introduce local legislation, copy of which is attached hereto, was published in the Fitzgerald Herald, which is the newspaper in which sheriff's advertisements are advertised for said county, on January 2, 1953, January 9, 1953 and January 16, 1963. /s/ A. A. Boggus. Representative, Ben Hill County.

Page 2679

Sworn to and subscribed before me, this the 2 day of Feb., 1953. /s/ Josephine M. McKibben, Notary Public. (Notarial Seal Affixed). Approved February 26, 1953. COLUMBUSLAND CONVEYANCE AUTHORIZED. No. 278 (House Bill No. 489). An Act vesting in the City of Columbus fee simple title to a certain tract of land in said city bounded on the south by the north line of lands of Muscogee Manufacturing Company, on the east by a northward prolongation of the east line of lands of said company, on the north by the south line of lands now or formerly of W. T. Heard and on the west by the easterly side of the Chattahoochee River, said tract of land including a part of Broadway, formerly Broad Street, laid off but never opened or used as a street; empowering said city to sell and convey at any time or times, the fee simple title to any part, parts or all of said tract of land; 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 there is hereby vested in the City of Columbus fee simple title to a certain tract of land in said city bounded on the south by the north line of lands of Muscogee Manufacturing Company, on the east by a northward prolongation of the east line of lands of said company, on the north by the south line of lands now or formerly of W. T. Heard and on the west by the easterly side of the Chattahoochee River, said tract of land

Page 2680

including a part of Broadway, formerly Broad Street, laid off but never opened or used as a street and being particularly described as follows: Beginning at the northeast corner of that certain tract of land conveyed by City of Columbus, Georgia, to Muscogee Manufacturing Company by that certain deed dated July 9, 1947, and recorded in Deed Book 257, Folio 433, in the office of the Clerk of the Superior Court of Muscogee County, Georgia, and running thence north no degrees three minutes east (N 0 03[UNK] E) twelve and five-tenths (12.5) feet to the dividing line between the tract of land herein described and lands now or formerly of W. T. Heard; thence running south eighty-eight degrees eight minutes west (S 88 08[UNK] W), along said dividing line, one hundred fifteen and forty-six one-hundredths (115.46) feet to a point on the easterly side of the Chattahoochee River; thence running south fourteen degrees thirty -six minutes west (S 14 36[UNK] W), along the easterly side of said river, eight and nine tenths (8.9) feet to the northwest corner of the tract of land conveyed by the above-described deed; thence running south eighty-nine degrees fifty-six minutes east (S 89 56[UNK] E), along the north line of the tract of land conveyed by the above-described deed, one hundred seventeen and sixty-five one-hundredths (117.65) feet to the point of beginning. Description. Section 2. That power and authority is hereby vested in the City of Columbus to sell and convey at any time or times, the fee simple title to any part, parts or all of the above-described tract of land; that any such sale and conveyance may be made pursuant to a resolution adopted by the Commission of the City of Columbus at any regular meeting, which resolution shall be effective immedately upon passage, for such consideration as said commission in its discretion shall deem proper and the mayor and the city clerk of said city are hereby authorized and empowered to execute and deliver for and on behalf and in the name of said city deeds of conveyance to any part, parts or all the above-described tract of land. Conveyance authorized.

Page 2681

Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Section 4. 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. Certificate of Publication. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1953, for the passage of a bill entitled as follows: An Act vesting in the City of Columbus fee simple title to a certain tract of land in said city bounded on the south by the north line of lands of Muscogee Manufacturing Company, on the east by a northward prolongation of the east line of lands of said company, on the north by the south line of lands now or formerly of W. T. Heard and on the west by the easterly side of the Chattahoochee River, said tract of land including a part of Broadway, formerly Broad Street, laid off but never opened or used as a street; empowering said city to sell and convey at any time or times, the fee simple title to any part, parts or all of said tract of land; and for other purposes. This the 21st day of January, 1953. Wm. DeL. Worsley, City Attorney, City of Columbus, Georgia. Pub: 1-23,30 2-6

Page 2682

Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, M. R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit, on January 23, 1953, January 30, 1953 and February 6, 1953. M. R. Ashworth. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 7th day of February, 1953. /s/ Eugenia B. Watson Notary Public, Muscogee County, Georgia. (Notarial Seal Affixed). Approved February 26, 1953. MACONALLEY CLOSING AUTHORIZED. No. 279 (House Bill No. 500). An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper all Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend said Act of 1914 and Acts amendatory thereof; and for other purposes, said Act described appearing at pages 1283 et seq. of the published Acts of the General Assembly of

Page 2683

Georgia of 1927; and any and all Acts amendatory thereof, so as to authorize the Mayor and Board of Aldermen of the City of Macon to abandon, sell to the Georgia Southern and Florida Railway Company and close a portion of a twenty-foot alley running northwesterly and Southeasterly through square 78 of the City of Macon, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act that the charter of the City of Macon with the several Acts amendatory thereof be and the same is hereby amended so as to authorize the City of Macon and the mayor and board of aldermen thereof to close to public use, abandon and sell to the Georgia Southern and Florida Railway Company upon such terms as may be agreed upon between the said Mayor and Board of Aldermen of the City of Macon and the Georgia Southern and Florida Railway Company, the following parcel of land located in the City of Macon: Conveyance authorized. A parcel of land situated within the corporate limits of the City of Macon, Bibb County, Georgia, and lying within the limits of a 20-foot alley running northwestwardly and southeastwardly through Block 78, as shown on the plan of the aforesaid City of Macon, said parcel being more particularly described as follows: The portion of said 20-foot alley passing through the southeasterly half of said Block 78, and being bounded on the southeast by the present northwesterly line of 5th Street, on the northeast and southwest by the lines of said alley which are also property lines of G.S.F. Railway Company, and on the northwest by the extension across said 20-foot alley of the northwesterly property line of G.S.F. Railway Company in said Block 78, which is also the southeasterly line of an alley running northeastwardly and southwestwardly through said Block 78. Said parcel is 20 feet wide and 289 feet more or less long and contains 5780 square feet more or less.

Page 2684

Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Affidavit of Author. Before me the undersigned officer duly authorized to administer oaths personally appeared Denmark Groover, Jr., who on oath deposes and says that he is a Representative of Bibb County, Georgia and is the author of the within attached bill, and that the notice of intention to apply for local legislation which is attached hereto and made a part thereof was published in the Macon News, which is the official organ of Bibb County, Georgia on January 22, 1953, January 29, 1953 and February 5, 1953, as provided by law. /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this the 6 day of February, 1953. /s/ Mrs. Mary T. Reeves Notary Public, Bibb County, Georgia. Notary Public, Georgia, Bibb County. My commission expires Feb. 11, 1956. (Notarial Seal Affixed). Georgia, Bibb County. To Whom It May Concern: You are hereby notified that the undersigned, or the City of Macon at the request of the undersigned, intends to apply to the General Assembly of Georgia now in session, for passage and approval of an Act to authorize the Mayor and Board of Aldermen of the City of Macon to abandon, sell to the undersigned, and close, a portion of a twenty-foot alley running northwesterly and southeasterly through Square 78 as shown on the plan of the City of Macon. The portion of the alley which will be authorized to be abandoned, closed and sold will be that portion 20 feet in width and approximately 288 feet in length extending from Fifth Street in a northwesterly

Page 2685

direction and lying between and parallel to Pine and Oak Streets in said city. The undersigned is the owner of all property abutting either side of that portion of the described alley to be abandoned, closed and sold. Georgia Southern and Florida Railway Company. By Bloch, Hall, Groover Hawkins. Approved February 26, 1953. ROMERETIREMENT SYSTEM. No. 280 (House Bill No. 452). An Act to amend an Act, entitled an Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, approved August 19, 1918, and the several Acts amendatory thereof and especially to amend Section 11 (b) of an Act approved February 16, 1943, (Ga. Laws, pp. 1560-71) as amended by an Act approved February 19, 1945, (Ga. Laws, pp. 683-87) pertaining to the age an employee of the City of Rome must retire; by providing that an employee of the City of Rome employed for a specific term of years may continue his employment regardless of his attaining retirement age; to repeal all Acts and parts of Acts in conflict therewith. Be it enacted, by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof and to repeal all former charters and laws in conflict therewith, approved August 19, 1918 and the several Acts amendatory thereof be and the same are hereby amended as follows:

Page 2686

Section 1. Section 11 (b) of an Act approved February 16, 1943 (Ga. Laws, pp. 1560-71) as amended by an Act approved February 19, 1945 (Ga. Laws, pp. 683-87) amending an Act entitled An Act to create a new charter for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof; and to repeal all former charters and laws in conflict thereof approved August 19, 1918 is and the same is hereby amended by adding the following to said Section 11 (b) of said amendment, Provided, however, that any monthly paid employee appointed to any position by the City Manager or employed by the City Commission of the City of Rome for a specific term of years as provided by the charter or ordinances of the City of Rome, may, with the consent of the city commission, continue his employment with the City of Rome until the completion of his term of employment even though he shall, during his tenure attain the retirement age of 70 years. Provided further, that no person shall be appointed to any position by the city manager or employed by the city commission as a monthly paid employee who has attained the retirement age prior to such appointment or employment, so that Section 11 (b) when so amended shall read as follows: Section 2. No person employed by the City of Rome on the day of passage hereof, shall be compelled by the board of trustees to retire before said person shall have reached the age of seventy years. Provided, however, that any monthly paid employee appointed to any position by the City Manager or employed by the City Commission of the City of Rome for a specific term of years as provided by the charter or ordinances of the City of Rome, may, with the consent of the city commission, continue his employment with the City of Rome until the completion of his term of employment even though he shall, during his tenure attain the retirement age of seventy years. Provided, further, that no person shall be appointed to any position by the city manager or employed by the city commission as a monthly paid employee who has attained the retirement age prior to such appointment or employment. Continued employment after retirement age.

Page 2687

Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. The notice and affidavit attached hereto are specifically 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, 1953 Session. Notice is hereby given that at the 1953 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Rome, as amended, will be proposed and introduced for passage so that any person appointed to any position by the City Manager or employed by the City Commission of the City of Rome for a specific term of years as provided by the charter or ordinances of the City of Rome, may, by and with the consent of the city commission, continue his employment with the City of Rome until the completion of his term of employment even though he shall, during his tenure, attain the retirement age as fixed by the charter of the city. Provided, however, no person shall be appointed to any position by the city manager or employed by the city commission as a monthly paid employee who has attained the retirement age prior to such appointment or employment. The charter provisions to be affected are known as the Rome Retirement Fund, Georgia Laws (Acts 1943, p. 1560, et seq.) as amended by Georgia Laws (Acts 1945, p. 683, et seq.). City of Rome By /s/ John Yarbrough Chairman, Rome City Commission. Attest: /s/ F. L. Sammons, Secretary, Rome City Commission.

Page 2688

Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oaths, Robert L. Scoggin, 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 hereto attached and made a part of said bill; and that said notice was published as provided by law. This day of February, 1953. /s/ M. G. Hicks M. G. Hicks Sworn to and subscribed before me, this 4 day of February, 1953. /s/ Janette Hirsch Notary Public. (Seal). Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Approved February 26, 1953. ABANDONED OPEN WELLS OR HOLES IN CERTAIN COUNTIES. No. 281 (House Bill No. 409). An Act to provide that it will be unlawful for the owner or person in possession of land in any county of this State having a population of not more than 4,820 and

Page 2689

not less than 4,520, according to the 1950 census or any future census, to have or maintain an abondoned open well or hole; to define an abandoned open well or hole for the purposes of this Act; to provide punishment and methods of prosecution for violations of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That from and after the passage and approval of this Act, it shall be unlawful for the owner or person in possession of land in any county of this State having a population of not more than 4,820 and not less than 4,520, according to the 1950 census or any future census, to have or maintain an abandoned open well or hole, as hereinafter defined. It shall be the duty of any owner or person in possession of land having or maintaining an abandoned open well or hole to adequately cover the well or hole with some durable material, extending at least two feet from all edges of the well or hole opening. Counties. Section 2. For the purposes of this Act, an abandoned well or hole shall be any manmade opening upon the surface of the earth ten feet or more in depth, not used for a period of sixty days, exclusive of ditches, stone, marble or slate quarries, or sand or gravel pits. Definition. Section 3. Any person or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor and shall be punished as such. Section 4. When notice is given of a violation of this Act, the solicitor-general of the circuit in which the land lies shall bring such violation to the attention of the grand jury of the county in which such abandoned open well or hole exists. It shall be the duty of the solicitor-general to prosecute such persons, person, or corporation violating any of the provisions of this Act. Prosecution.

Page 2690

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1953. ROMERETIREMENT SYSTEM. No. 282 (House Bill No. 458). An Act to amend an Act, entitled an Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, approved August 19, 1918, and the several Acts amendatory thereof and especially to amend Section 12 of an Act approved February 16, 1943, (Ga. Laws, pp. 1560-71) pertaining to the refund of contributions paid into the Rome Retirement Fund to an employee leaving the employ of the city; by providing for a per centum refund based on the number of years employment and on contributions to said fund after April 1, 1953; to provide that the present law shall remain in effect as to those employees not employed after April 1, 1953; to repeal all acts and parts of acts in conflict therewith. Be it enacted, by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof and to repeal all former charters and laws in conflict therewith, approved August 19, 1918 and the several Acts amendatory thereof be and the same are hereby amended as follows: Section 1. Section 12 of an Act approved February 16, 1943, (Ga. Laws, pp. 1560-71) as amended, amending an act entitled, An Act to create a new charter for

Page 2691

the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof; and to repeal all former charters and laws in conflict thereof approved August 19, 1918 is and the same is hereby amended by adding the following subparagraph to be known as Subparagraph (c) 1 of Section 12, reading as follows: Any employee leaving the employ of the City of Rome for any reason before he becomes eligible for retirement under the provisions of this Act shall be refunded 75 per centum of the money said employee shall have contributed or paid into the retirement fund subsequent to April 1, 1953, if said employee had been employed by the City of Rome for a period of less than five years. Any employee who leaves the employ of the City of Rome before he becomes eligible for retirement under the provisions of this Act and shall have been employed by the City of Rome for a period of more than five years, shall be refunded from the retirement fund 95 per centum of the total amount of money said employee shall have contributed or paid into the retirement fund subsequent to April 1, 1953. Provided however, that any employee who leaves the services of the City of Rome for any reason and withdraws the amount of his contribution to the retirement fund as in this section provided, shall not receive credit for the time of his service represented by the amount of such withdrawal until and unless he shall have repaid said sun into said retirement fund. Provided, however, Section 12 (c) of this Act shall continue in full force and effect as to those employees of the City of Rome who are not in the employ of the city subsequent to April 1, 1953, so that Section 12 (c) 1 when so amended shall read as follows: Sec. 12, Act of 1943, amended. Section 2. Any employee leaving the employ of the City of Rome for any reason before he becomes eligible for retirement under the provisions of this Act shall be refunded 75 per centum of the money said employee shall have contributed or paid into the retirement fund subsequent to April 1, 1953, if said employee had been employed by the City of Rome for a period of less than five years. Any employee who leaves the employ of the City of Rome before he becomes eligible for retirement

Page 2692

under the provisions of this Act and shall have been employed by the City of Rome for a period of more than five years, shall be refunded from the retirement fund 95 per centum of the total amount of money said employee shall have contributed or paid into the retirement fund subsequent to April 1, 1953. Provided, however, that any employee who leaves the services of the City of Rome for any reason and withdraws the amount of his contribution to the retirement fund as in this section provided, shall not receive credit for the time of service represented by the amount of such withdrawal until and unless he shall have repaid said sum into said retirement fund. Provided, however, Section 12 (c) of this Act shall continue in full force and effect as to those employees of the City of Rome who are not in the employ of the city subsequent to April 1, 1953. Refund of payments into retirement fund. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. The notice and affidavit attached hereto are specifically 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, 1953 Session. Notice is hereby given that at the 1953 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Rome, as amended, will be proposed and introduced for passage so that after April 1, 1953, every employee of the City of Rome who has been employed by the City of Rome for a period of less than five years, whose employment ceases with the City of Rome for any reason, shall be refunded from the Rome Retirement Fund, 75 per cent of the money said employee shall have contributed or paid into the retirement fund subsequent to April 1, 1953; and that any employee who has been employed by the City of Rome for the term of five years or more and whose employment terminated for any reason with the City of Rome shall

Page 2693

be refunded 95 percent of the money paid into the retirement fund by said employee subsequent to April 1, 1953. The charter provisions to be affected are known as the Rome Retirement Fund Georgia Laws (Acts 1943, p. 1560, et seq.) as amended by Georgia Laws (Acts 1945, p. 683, et seq.). City of Rome By: /s/ John Yarbrough Chairman, Rome City Commission. Attest: /s/ F. L. Sammons Secretary, Rome City Commission. Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oaths, M. G. Hicks, who on oath states that he 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 hereto attached and made a part of said bill; and that said notice was published as provided by law. This day of February, 1953. /s/ M. G. Hicks M. G. Hicks. Sworn to and subscribed before me, this 4 day of February, 1953. /s/ Janette Hirsch Notary Public
Page 2694

(Seal). Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1953 Session. Notice is hereby given that at the 1953 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Rome, as amended, will be proposed and introduced for passage so that after April 1, 1953, every employee of the City of Rome who has been employed by the City of Rome for a period of less than five years, whose employment ceases with the City of Rome for any reason, shall be refunded from the Rome Retirement Fund, 75 percent of the money said employee shall have contributed or paid into the retirement fund subsequent to April 1, 1953; and that any employee who has been employed by the City of Rome for the term of five years or more and whose employment terminated for any reason with the City of Rome shall be refunded 95 percent of the money paid into the retirement fund by said employee subsequent to April 1, 1953. The charter provisions to be affected are known as the Rome Retirement Fund, Georgia Laws (Acts 1943, p. 1560, et seq.) as amended by Georgia Laws (Acts 1945, p. 683, et seq.). City of Rome By /s/ John Yarbrough Chairman, Rome City Commission. Attest: /s/ F. L. Sammons Secretary, Rome City Commission. Approved February 26, 1953.

Page 2695

FULTON COUNTYBUILDING INSPECTION. No. 284 (Senate Bill No. 104). An Act to provide that the commissioners of roads and revenues or other governing authority of Fulton County shall have the authority to adopt rules, regulations or orders, for the regulation and inspection of buildings, electrical installations, plumbing and other construction, pursuant to constitutional amendment ratified in 1952 (Ga. Laws of 1951, p. 828); to provide that the violation of any such rule, regulation or order shall be a misdemeanor, punishable as such; and for 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 commissioners of roads and revenues or other governing authority of Fulton County shall have the authority to adopt rules, regulations or orders, for the regulation and inspection of buildings, electrical installations, plumbing and other construction, and in connection therewith to make such charges as the county commissioners may deem reasonable and proper for any permit, inspection or other service provided or required, under said rules and regulations or orders. Rules and regulations. Section 2. The Chief Inspector and Superintendent of Public Buildings of Fulton County, or any other officer thereof, without respect to title, charged by the commissioners of roads and revenues, or other governing authority, with the duties now vested in said Chief Inspector and Superintendent of Public Buildings of Fulton County, shall be charged with the duty of enforcement of said rules and regulations when adopted by the commissioners of roads and revenues or other governing authority of said county and spread upon the minutes of said board. Enforcement.

Page 2696

Section 3. The Commissioners of Roads and Revenues or other governing authority of Fulton County may furnish said chief inspector and superintendent of public buildings with assistants necessary to carry out the duties and functions of his office, and the chief inspector and superintendent of public buildings may delegate such duties, wholly or in part, to such assistants. Section 4. All fees collected in connection with the enforcement of said rules, regulations, and orders, shall become the property of Fulton County, and shall be paid into the Fulton County treasury. The salaries of the chief inspector and superintendent of public buildings and his assistants, together with the expense incident to the operation of his office shall be paid out of the county treasury as in the case of other expenses of said county. Fees. Section 5. This law is enacted pursuant to and in conformity with constitutional amendment ratified in 1952, appearing in the Acts of 1951, page 828, and for the purpose of carrying powers therein conferred. Section 6. Any person, firm or corporation violating any rule, regulation or order herein referred to after its adoption, upon conviction, shall be punished as for a misdemeanor. Violations. Section 7. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 26, 1953. TALBOT TAX COMMISSIONER'S COMPENSATION. No. 286 (Senate Bill No. 55). An Act to amend an Act which abolished the offices of Tax Collector and Tax Receiver of Talbot County and

Page 2697

created the office of Tax Commissioner and provided for his salary and duties, approved March 6, 1939 (Ga. Laws 1939, p. 730), as amended, particularly as amended by an Act approved March 24, 1939 (Ga. Laws 1939, p. 733), so as to increase the salary of said tax commissioner provided for in Section 5 of said Act, from $900.00 per annum to $2400.00 per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act which abolished the offices of Tax Collector and Tax Receiver of Talbot County and created the office of Tax Commissioner and provided for his salary and duties, approved March 6, 1939 (Ga. Laws 1939, p. 730), as amended, particularly as amended by an Act approved March 24, 1939 (Ga. Laws 1939, p. 733), is hereby amended by striking from Section 5 of said Act the words, figures and symbols nine hundred ($900.00) dollars, and the words, figures and symbols seventy-five ($75.00) dollars, and inserting in lieu thereof the words, figures and symbols twenty-four hundred ($2400.00) dollars and the words, figures and symbols two hundred ($200.00) dollars, so that said section when so amended shall read as follows: Section 5. That said Talbot County Tax Commissioner shall receive and be paid, as full compensation for any and all 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 twenty-four hundred ($2400.00) dollars per annum, to be paid in monthly installments of two hundred ($200.00) dollars each; and said tax commissioner, out of said salary, shall pay whatever clerical help it may be necessary for him to have to perform the duties of said office. The tax commissioner shall be entitled to the commissions now allowed the tax collector on all State, professional, poll and special taxes collected by him. Compensation.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 26, 1953. HUNTING OR FISHING WITHOUT LICENSE IN CERTAIN COUNTIES. No. 287 (House Bill No. 360). An Act to provide in any county of this State having a population of not less than 12,202 nor more than 12,387 according to the official census of the United States of 1950 or any future census, any person charged with the offense of hunting or fishing without a license shall be allowed to enter a plea of guilty in the court of ordinary of such county; to provide for the passing of sentences in such cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. In any county of this State having a population of not less than 12,202 nor more than 12,387 according to the official census of the United States of 1950 or any future census, any person charged with the offense of hunting or fishing without a valid license issued under the laws of this State shall be allowed to enter a plea of guilty in the court of ordinary of such county; and upon such plea being entered, the ordinary may sentence such person to a fine or imprisonment, or both, as provided for the punishment of such offense under the laws of this State. Sentence by ordinary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1953.

Page 2699

FULTON COUNTYRETIREMENT SYSTEM. No. 288 (Senate Bill No. 102). An Act to amend an Act which is an Act providing for retirement benefits and pensions to Fulton County employees and for other purposes, approved March 3, 1939 (Ga. Laws 1939, p. 571 et seq.) as heretofore amended, so as to provide that any person terminating his employment with the City of Atlanta in 1952 for the purpose of becoming employed by Fulton County shall be entitled to credit for certain years of service, if any, with Fulton County, the City of Atlanta, and State of Georgia; to provide payments required for such credits; 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 which is a part of an Act providing for retirement benefits and pensions to Fulton County employees, and for other purposes, approved March 3, 1939 (Ga. Laws 1939, p. 571 et seq.), as heretofore amended, be further amended as follows: Section 1. Any person who terminated his employment during the year 1952 with the City of Atlanta for the purpose of becoming and who did become an employee of Fulton County during the year 1952 shall be entitled to become a member of the Fulton County pension plan upon payment to the Fulton County pension fund of a sum equal to his contribution and county matching fund sent to the city, under the Plan of Improvement, if any, together with a sum equal to his contribution and city matching fund which accrued while he was employed by the city. Such person shall become a member of the Fulton County pension plan and shall be given credit for all his years of service with the City of Atlanta and Fulton County and shall be eligible to retire at the same age and with the same number of years of service required of him at the time of his separation from the City of Atlanta, and shall be otherwise subject to all the

Page 2700

benefits and obligations under said Fulton County pension plan. Employees transferring from city service. Section 2. It is hereby declared to be the legislative determination that any employee of the City of Altanta who terminated his employment during the year 1952 and became a regular employee of Fulton County made such change in employment as a result of the operation of the Plan of Improvement. Section 3. It is hereby directed that the appropriate pension board of the City of Atlanta cause to be paid from the pension funds of said board to the Fulton County pension fund all contributions and matching funds that it may hold to the credit of such employee, or which pursuant to the laws governing such pension funds ought to have been accumulated for the credit of such employee, such payment to be made upon receipt of certificate from the personnel director of Fulton County of the employment of such person. Transfer of pension funds to county. Section 4. Any employee of the Fulton County Department of Health who is now a member of the classified section of Fulton County civil service and who until his inclusion in such civil service by operation of law under date of January 1, 1952 was a member of the State retirement system of Georgia, shall be entitled to become a member of the Fulton County employees pension fund and subject to all the benefits and obligations thereunder upon compliance with the following conditions: Department of health employees. (1) Payment to the Fulton County employees pension fund of a sum representing the employees contribution and the State matching fund that was credited to him by the State retirement system of Georgia just before his separation by operation of law. (2) Payment of a sum within thirty (30) days of the approval of this Act which equals the amount he would have contributed to the Fulton County employees pension fund from January 1, 1952 had he been a member thereof to the date of his payment hereunder. Such employee

Page 2701

thereupon is by legislative determination declared to be a member of the Fulton County employees pension fund and shall be credited with all the years of service toward his retirement with which he was credited under the State retirement system of Georgia together with his service to Fulton County beginning January 1, 1952. Section 5. It is hereby directed that there be paid from the treasury of the State retirement system, by the proper officer in charge thereof, to the Fulton County pension fund, a sum representing any contribution and matching fund credited to such employee at the time he ceased to be a member of the State retirement system. Transfer of funds to county. Section 6. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 7. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Affidavit of publication attached to enrolled copy. Approved February 26, 1953. MARION TREASURER'S SALARY. No. 289 (Senate Bill No. 88). An Act to amend an Act entitled An Act to fix the salary of the Treasurer of Marion County, and to provide for the payment thereof, and for other purposes, approved August 8, 1916 (Ga. Laws 1916, p. 466); to increase the salary of said treasurer from $500.00 per

Page 2702

annum to $720.00 per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to fix the salary of the Treasurer of Marion County, and to provide for the payment thereof, and for other purposes, approved August 8, 1916 (Ga. Laws 1916, p. 466), is hereby amended by striking from Section 1 of said Act the words, symbols and numerals five hundred ($500.00) dollars and inserting in lieu thereof the words, symbols and numerals seven hundred twenty ($720.00) dollars, so that said section when so amended shall read as follows: Salary. 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 first day of January, 1917, the Treasurer of the County of Marion in said State shall be paid a salary of seven hundred twenty ($720.00) dollars per annum for his services as such treasurer, and he shall not receive any fees, commissions or other perquisites from his said office, but the salary above mentioned shall be in full for all services rendered by him as such treasurer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 26, 1953.

Page 2703

ROAD WORK IN CERTAIN COUNTIES. No. 291 (Senate Bill No. 99). An Act to amend an Act approved February 21, 1951, which is an Act to limit a county having a population of 300,000 or more according to the United States census of 1950 or any future United States census the use by such counties of convict labor, county property, or county funds for the purpose of building or maintaining a system of roads; to define the term roads as used in this law; to prohibit such counties, their officers and employees from using county funds, property, or convict labor for the construction, repair, or maintenance or such roads within the limits of any municipalities or within the jurisdiction of any subdivision or residential project except as permitted by this law, and for other purposes (Ga. Laws 1951, p. 817 et seq.), so as to provide that in cities or towns having a population of not more than 5,000 inhabitants according to the United States census of 1950 or any future United States census the governing authorities of such counties may furnish labor and the use of equipment not to exceed one-half () of the cost of the construction of roads or other public works in cities and towns of such population; to provide that this amendment is to become effective only upon ratification of a constitutional amendment to be submitted to the voters of such counties authorizing such work; 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 which was approved February 21, 1951 (Ga. Laws 1951, p. 817 et seq.), which is an Act limiting counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census the use of such counties of convict labor, county property, or county funds for the purpose of building or maintaining a system of roads, and for other purposes, is amended as follows:

Page 2704

Section 1. Section 3 of said Act is amended by adding at the end thereof the following language: provided that the governing authorities of such counties may do work in cities and towns having a population of not more than 5,000 inhabitants according to the 1950 United States census or any future United States census where the cost of such labor or equipment represents not more than fifty (50%) percent of the cost of construction of such road or other public works, so that such section when so amended shall read as follows: Sec. 3, Act of 1951, amended. Section 3. Except as authorized herein neither such county nor the commissioners of roads and revenues or other governing authority thereof, shall, either with employed labor, convict labor or by contract, or by the expenditure or use of county funds, either directly or indirectly, construct, repair or maintain any road within the corporate boundaries of any municipality; provided, however, that this prohibition shall not apply to highways constructed in part with Federal or State funds to promote national defense, nor shall the prohibition of this section apply to State or Federal funds available to such a county for highway construction, nor shall this prohibition apply to the use of any part of the proceeds of a bond issue voted by the people for highway purposes. Provided that the governing authorities of such counties may do work in cities and towns having a population of not more than 5,000 inhabitants according to the 1950 United States census or any future United States census where the cost of such labor or equipment represents not more than fifty (50%) of the cost of construction of such road or other public works. County work in certain municipalities. Section 2. This amendment shall become effective only upon the ratification of a constitutional amendment authorizing or allowing the work to be done in such cities and towns. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1953.

Page 2705

FIRE DEPARTMENT PENSIONS IN CERTAIN CITIES. No. 292 (Senate Bill No. 115). An Act to amend an Act entitled an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 and any subsequent census shall furnish aid, relief and pensions to members of paid fire departments and for the other purposes set forth in the Act, approved August 13, 1924 (Ga. Laws 1924, pp. 167-173) and the several Acts amendatory thereof, so as to provide that if any such city should cease to have a treasurer or not have one, the president of the aldermanic board or other officer presiding over the legislative body shall be a member of the board of trustees; to provide that the city treasurer or such other officer acting as such, shall keep separate and apart the funds raised for the purposes of the 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 the Act, described in the caption hereof, approved August 13, 1924 (Ga. Laws 1924, pp. 167-173) and the several Acts amendatory thereof, be and the same are hereby further amended as follows: Sec. 6, Act of 1924 amended. Section 1. By adding thereto a new section to be known as Section 6(a) as follows: Section 6(a). In the event that any such city shall cease to have a treasurer or does not have one, the president of the aldermanic board or such other officer as may be authorized to preside over the legislative body, shall be a member of said board of trustees and, as such, shall have all the duties, powers and authority as a member of such board as the treasurer. Board of trustees. Section 2. That Section 12 of said Act, as amended, requiring the city treasurer to keep separate and apart from other monies in his possession the funds raised

Page 2706

under said Act, is hereby stricken and the following substituted in lieu thereof: Sec. 12 amended. Section 12. The city treasurer, or other person performing the duties of such, shall keep separate and apart from other monies in his possession the funds raised under the provisions of Section 8, 9 and 10 of said Act and all other funds, which may be received by him in connection with the provisions of this Act, as amended. Funds. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1953. FULTON COUNTYFIRE PROTECTION. No. 293 (Senate Bill No. 105). An Act to provide that in the event a fire station is desired in any part of the unincorporated areas of Fulton County as signified by a petition signed by fifty-one (51%) percent of the owners of improved real estate located in the proposed fire district, directed to the commissioners of roads and revenues or other governing authority of Fulton County, that such commissioners or other governing authority are authorized to provide such station; to provide for the construction and maintenance of fire stations in the unincorporated areas of Fulton County; to provide that such stations may be constructed with the use of any funds held and unused which were derived from the sale of any bonds available for fire protection or fire protection purposes may be used for the purpose of erecting and equipping such fire stations; to provide for the levy of a tax on the taxable value of all property located within such fire districts for the maintenance and operation of the fire stations, systems and equipment located therein; to provide that the commissioners of roads and revenues or other governing authority of

Page 2707

Fulton County may contract with any city located wholly or partly in Fulton County for the furnishing and operation of fire-fighting equipment to serve such fire districts; and for other purposes, pursuant to the constitutional amendment ratified in November 1952 appearing in Ga. Laws 1951, page 828, and for other purposes. Be it enacted by the General Assembly of Georgia, pursuant to authority contained in constitutional amendment ratified in November 1952, appearing in Ga. Laws 1951, page 828, and it is hereby enacted by the authority of the same: Section 1. In the event that a fire station is desired in any part of the unincorporated areas of Fulton County, as signified by a petition signed by fifty-one (51%) percent of the owners of improved real estate located in the proposed fire district, directed to the commissioners of roads and revenues or other governing authority of Fulton County, such commissioners or other governing authority are authorized to provide for such station, including the construction and maintenance of such station. Fire stations in unincorporated areas. Section 2. Any funds held and unused which were derived from the sale of any bonds available for fire prevention or fire protection purposes may be used for the purpose of erecting and equipping such fire stations, or such facilities may be built from the proceeds of taxes levied in fire districts for such purposes, or from the proceeds of revenue certificates or tax anticipation notes lawfully issued. How to be financed. Section 3. The commissioners of roads and revenues or other governing authority of Fulton County are hereby authorized to set up fire districts coinciding with the limits of same as set forth in said petitions and to levy a tax not to exceed ten (10) mills on the taxable value of all property located within such fire districts for the establishment, maintenance, and operation of the fire stations, systems and equipment located therein. Uniformity

Page 2708

of service or taxes among the several districts shall not be required, but taxes shall not be levied in any district in excess of what is reasonable and proper to pay for the service in such district. Fire districts. Section 4. The commissioners of roads and revenues or other governing authority of Fulton County are authorized to contract with any city located wholly or partly in Fulton County for the furnishing and operation of fire-fighting equipment to serve fire districts in which such fire stations are constructed. Contracts with city. Section 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1953. AUGUSTARICHMOND COUNTY BUILDING AUTHORITY ACT REPEALED. No. 295 (House Bill No. 589). An Act to repeal an Act entitled, An Act to create the Augusta-Richmond County Building Authority; to authorize the said authority to acquire, construct, equip, maintain and operate self-liquidating projects embracing buildings and facilities for use by the City of Augusta and Richmond County for their respective governmental, proprietary and administrative functions and for use by such other agencies, authorities and departments of the State of Georgia or the government of the United States as may contract with the authority for the use of such facilities; to provide for the appointment of the members of the authority; to confer powers and impose duties on the authority; to authorize the authority and the City of Augusta and Richmond County to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate the respective political subdivisions to make payment for the use of the facilities

Page 2709

for the term thereof definite and certain and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Augustc or Richmond County within the meaning of Article VII, Section VII, Paragraph 1 of the Constitution of the State of Georgia shall be incurred in the exercise of any of the powers granted by this Act; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents and earnings or other funds of the authority to pay the costs of such projects; to authorize the collection and pledging of such revenues, rentals and earnings for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provision of this Act; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes, approved February 15, 1952 (Ga. Laws 1952, p. 338-357). 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 February 15, 1952 (Ga. Laws 1952, p. 338-357), entitled: An Act to create the Augusta-Richmond County Building Authority; to authorize the said authority to acquire, construct, equip, maintain and operate self-liquidating projects embracing buildings and facilities for use by the City of Augusta and Richmond County for their respective governmental, proprietary and administrative functions and for use by such other agencies, authorities and departments of the State of Georgia or the government of the United States as may contract with the authority for the use of such facilities; to provide for the appointment of the members

Page 2710

of the authority; to confer powers and impose duties on the authority; to authorize the authority and the City of Augusta and Richmond County to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate the respective political subdivisions to make payment for the use of the facilities for the term thereof definite and certain and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Augusta or Richmond County within the meaning of Article VII, Section VII, Paragraph 1 of the Constitution of the State of Georgia shall be incurred in the exercise of any of the powers granted by this Act; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents and earnings or other funds of the authority to pay the costs of such projects; to authorize the collection and pledging of such revenues, rentals and earnings for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of action relating to any provisions of this Act; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes, approved February 15, 1952 (Ga. Laws 1952, pp. 338-357), be, and the same is hereby repealed. Act of 1952 repealed. Section 2. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law.

Page 2711

Attorney or Agency Frank Pierce Business Attorney at Law. State of Georgia, Richmond County. Personally appeared, Pat H. Rice, who being duly sworn says that he is the business manager of Newspaper Printing Corp., agent for The Augusta Chronicle a daily newspaper published in Augusta, in said State and county, and that the advertisement Act to Repeal the Augusta-Richmond County Building Authority. duly appeared in said newspaper on the following dates to wit: January-31-February-2-9-1953. /s/ Pat H. Rice. Sworn to and subscribed before me this 9th. day of February 1953. /s/ Geo. M. Peters Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal). Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia: An Act entitled an Act to repeal an Act to create the Augusta-Richmond County Building Authority; to authorize the said authority to acquire, construct, equip, maintain and operate self-liquidating projects embracing buildings and facilities for use by the City of Augusta and Richmond County for their respective governmental, proprietary and administrative functions and for use by such other agencies, authorities and departments of the State of Georgia or the government of the United States as may contract with the authority for the use of such facilities; to provide for the appointment of the members of the authority; to confer powers and impose duties on the authority; to authorize the authority and the City of Augusta and Richmond County to enter into contracts

Page 2712

and leases pertaining to the use of such facilities, which contracts and leases shall obligate the respective political subdivisions to make payment for the use of the facilities for the term thereof definite and certain and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Augusta or Richmond County within the meaning of Article VII, Section VII, Paragraph 1 of the Constitution of the State of Georgia shall be incurred in the exercise of any of the powers granted by this Act; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents and earnings or other funds of the authority to pay the costs of such projects; to authorize the collection and pledging of such revenues, rentals and earnings for the payment of such bonds and for the cost of maintaining, operating and repairing of projects; to authorize the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes. W. W. Holley, S. T. Graham, John C. Bell, Members General Assembly of Georgia. Jan. 31; Feb. 2, 9. Approved February 26, 1953.

Page 2713

MARION SHERIFF'S SALARY. No. 296 (Senate Bill No. 87). An Act to amend an Act which authorized and directed the governing authorities of the County of Marion to supplement the compensation of the sheriff of said county by a salary approved, March 27, 1947 (Ga. Laws 1947, p. 1094); to increase said compensation from $50.00 per month to $100.00 per month; repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act which authorized and directed the governing authorities of the County of Marion to supplement the compensation of the sheriff of said county by a salary, approved March 27, 1947 (Ga. Laws 1947, p. 1094), is hereby amended by striking from Section 1 of said Act the symbol and numerals $50.00 and inserting in lieu thereof the symbol and numerals $100.00, so that said section when so 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 passage of this Act, the governing authorities of the County of Marion having in charge the finances thereof, be and the same is hereby authorized and directed to pay to the sheriff of said county the sum of $100.00 per month, payable monthly, in addition to the fees and compensation now authorized and allowed by law. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 26, 1953

Page 2714

CAIROGAS DISTRIBUTION SYSTEM. No. 298 (House Bill No. 516). An Act to amend an Act incorporating the City of Cairo, prescribing the limits thereof, providing for mayor and councilmen, and for other purposes approved August 6, 1906 (Ga. Laws 1906, p. 573) and all Acts amendatory thereto, so as to confer upon the City of Cairo the right, powers and authority to operate a gas distribution system within and without the corporate limits of said city; to distribute, transport, sell and furnish gas to persons, firms and corporations located within and without the corporate limits of said city and to other municipal corporations; to authorize said city to accept franchises granted by other municipal corporations to the City of Cairo; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the City of Cairo, prescribing the limits thereof, providing for mayor and and councilmen, and for other purposes, approved August 6, 1906 (Ga. Laws 1906, p. 573) and all Acts amendatory thereto is hereby amended by adding on to the end of said Act the following: (a) The City of Cairo shall have the right, power and authority to operate a gas distribution system, both within and without the corporate limits of the City of Cairo, to distribute, transport, sell and furnish gas to customers located both within and without the corporate limits of the City of Cairo, such customers to include persons, firms, corporations, or other municipal corporations and to further authorize the City of Cairo to accept franchises for that purpose granted by other municipalities to the City of Cairo, and any franchises heretofore granted said city are hereby ratified and affirmed. Gas distribution system. (b) The power granted by this Act shall authorize

Page 2715

the City of Cairo to lay or construct gas mains, and gas distribution systems both within and without the corporate limits of the City of Cairo, and to issue gas revenue-anticipation certificates for such purposes in accordance with the provisions of Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia and the Revenue Certificate Law. (c) The City of Cairo shall have the right, power and authority to exercise police powers over the entire gas system and shall have the right and authority to make rules and regulations governing the operation, maintenance, extensions and connections with any gas main within or without the corporate limits of the City of Cairo and shall have the right and authority to require all users of gas who connect with the gas mains within or without the corporate limits of the City of Cairo to install proper meters and make connections in accordance with the rules and regulations provided therefor, and shall further have the right and authority to refuse to sell or furnish gas to any person, firm, corporation or municipal corporation who fails or refuses to comply with such rules and regulations. Nothing contained herein shall be construed as granting to any person, firm, private or municipal corporation the right to require said city to furnish gas and the city shall not be so required to do, if in its discretion same is not deemed desirable or feasible. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Certificate of Publication of Notice to Apply for Local Legislation. Georgia, Grady County: I, H. H. Wind, Jr., do hereby certify that I am the associate publisher of the Cairo Messenger, a newspaper in which the sheriff's advertisements for Grady County, Georgia, are published.

Page 2716

I do further certify that the following notice of local legislation, to wit: Notice of Intention to Apply for Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce a bill in the 1953 term General Assembly of the State of Georgia which convenes on the 12th day of January, 1953, for the following purposes: To amend the charter of the City of Cairo, a municipality, whereby that the said City of Cairo shall have the right, power and authority to distribute or sell and furnish natural gas to customers located both within and without the corporate limits of the City of Cairo and within and County of Grady, State of Georgia, to amend or appeal either or both of the existing laws necessary to provide for such change in the charter of the City of Cairo above mentioned and for other purposes. This the 19th day of January, 1953. R. A. Harrell, Representative, Grady County, Georgia 1-23-3t. was published in said Cairo Messenger in the issues thereof published on January 23rd, January 30th, and February 6, 1953. /s/ H. H. Wind, Jr. H. H. Wind, Jr. Sworn to and subscribed before me, on this 6th day of February, 1953. /s/ Geo. G. Smith, Notary Public, Grady County, Ga. Approved February 26, 1953.

Page 2717

POLICE PENSIONS IN CERTAIN CITIES. No. 301 (Senate Bill No. 116). An Act to amend an Act to provide pensions for members of the police departments in cities having a population of 150,000 or more according to the last or any future Federal decennial census and for the other purposes set forth in the Act approved on February 15, 1933 (Ga. Laws 1933, p. 213) and the several Acts amendatory thereof, so as to provide that the president of the aldermanic board, or other such officer, shall be a member of the board of trustees; that the city treasurer or other such person shall keep pension funds; that it shall be the duty of the treasurer or other person performing such duties to pay over to the treasurer of the pension fund of the county certain funds; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act, described in the caption hereof, approved on February 15, 1933 (Ga. Laws 1933, p. 213) and the several Acts amendatory thereof, be and the same are hereby further amended as follows: Section 1. By adding thereto a new section to be known as Section 6(a) as follows: Section 6(a). In the event that any such city shall cease to have a treasurer or does not have one, the president of the aldermanic board, or such other officer as may be authorized to preside over the legislative body, shall be a member of said board of trustees. Board of trustees. Section 2. That Section 12 of said Act, as amended, requiring the city treasurer to keep separate and apart from other monies in his possession the funds raised under said Act, is hereby stricken and the following substituted in lieu thereof:

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Section 12. The city treasurer, or other person performing the duties of such, shall keep separate and apart from other monies in his possession the funds raised under the provisions of Sections 8, 9 and 10 of this Act, as amended, and all other funds, which may be received by him in connection with the provisions of this Act, as amended. Funds. Section 3. The provisions of this section shall apply to any officer or employee who was transferred from the county to the city, and who, prior to December 31, 1952 was transferred back to the county. As to any such officer or employee, it shall be the duty of the treasurer or other person having possession of the funds belonging to the board of trustees to pay over to the board of trustees of the pension fund of the county, the following funds: (a) Any fund which may have been paid into the treasury of this pension fund by reason of the transfer of such officer or employee to the city; (b) The amount which said employee contributed to the pension fund while employed by the city; (c) Any matching funds, if any, which the city may have paid into the fund to match the amount deducted from such employee's salary. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1953. FULTON COUNTYHEALTH AND SANITATION. No. 302 (Senate Bill No. 98). An Act to provide that the governing authorities of Fulton County, pursuant to constitutional amendment

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ratified in 1952 (Ga. Laws 1951, p. 828) may adopt rules, regulations and orders covering health and sanitation in Fulton County; to provide that a copy of such regulations shall be furnished the Fulton County Department of Public Health to use in connection with its operations; to provide that the enforcement of such rules be in the Fulton County Department of Public Health; to provide that the violator of any such rule, regulation or order shall on conviction thereof be punished as for a misdemeanor; to provide that the violation of any such rule, regulation or order may be subject to abatement as a nuisance and subject to be enjoined as such; 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, or other governing authority, of Fulton County are hereby authorized, pursuant to constitutional amendment ratified in 1952 (Ga. Laws 1951, p. 828) to adopt a system of rules, regulations and orders covering health and sanitation in Fulton County, and that such system of rules, regulations and orders may be based on recommendations by the Fulton County Board of Health; that such rules, regulations and orders when adopted shall be recorded on the minutes of the commissioners of roads and revenues or other governing authority, and a certified copy thereof shall be furnished to the Fulton County Department of Public Health. Rules and regulations. Section 2. It is further provided that the violation of any such rule, regulation or order is hereby declared to be a nuisance per se, and shall be subject to be abated as a nuisance, or enjoined as such. Violation. Section 3. The violation of any such rule, regulation or order is hereby declared to be a misdemeanor, and any person, firm or corporation, upon conviction thereof in any court of competent jurisdiction, shall be punished as for a misdemeanor. Penalty.

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Section 4. The responsibility for enforcement of the rules, regulations and orders authorized by the foregoing paragraphs shall vest in the Fulton County Department of Public Health, and for such purpose the Fulton County Department of Public Health shall have the authority to appoint its agents and employees, officers of the law with power of arrest and service of process, and may call on any sheriff, constable or other police officers for aid and assistance in enforcement of the law. Enforcement. Section 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 26, 1953. LONG COUNTY COMMISSIONERS' CLERK. No. 303 (Senate Bill No. 68). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues, Long County, Georgia, (Ga. Laws, 1921, pp. 525-534), approved August 10, 1921, as amended March 24, 1939 (Ga. Laws, 1939, pp. 647-653), as amended March 9, 1945 (Ga. Laws, 1945, pp. 1111-1116), and as amended March 28, 1947 (Ga. Laws, 1947, pp. 1639-1640), by striking from line ten of Section 15 of the aforesaid amended Act of 1947 the words and figures, not to exceed $75 per month, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the words and figures, not to exceed $75 per month, as used in line ten of Section 15 of the amended Act of 1947 (Ga. Laws, 1947, pp. 1639-1640), be and the same are hereby stricken from said line ten of Section 15, so when thus amended said Section 15 will read as follows:

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Section 15: The said board of commissioners shall elect a clerk whose duty it shall be to keep correct record of all of the actions and doings of the board, said record to be kept in the courthouse of said county, said record to be open to the inspection of any citizen of said county at all times if the same does not conflict with the meetings of the board, and perform all other duties as may be assigned to him by said board. He shall receive compensation for his duties as such clerk an amount to be determined by said board. The clerk shall not be a member of said board of commissioners. Said clerk before entering upon his duties of clerk of said board shall enter into and file with the chairman of said board a good and sufficient bond in the sum of $2000.00 for the faithful performance of his duties as clerk, which bond shall be made payable to the members of said board and their successors in office, the sufficiency of which shall be determined by said board. Clerk. Section 2: Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 27, 1952. BAKER COMMISSIONERS. No. 304 (Senate Bill No. 52). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Baker County; to define their powers and duties and prescribe their qualifications; to provide for their selection, the term for which they shall be selected and for other purposes pertaining to county matters, approved August 8, 1917 (Ga. Laws 1917, p. 306), as amended, particularly as amended by an Act approved August 9, 1924 (Ga. Laws 1924, p. 272); to provide

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that commissioners shall be elected from their respective districts by the voters of their respective districts and not by a countywide vote; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create a Board of Commissioners of Roads and Revenues for Baker County; to define their powers and duties and prescribe their qualifications; to provide for their selection, the term for which they shall be selected and for other purposes pertaining to county matters, approved August 8, 1917 (Ga. Laws 1917, p. 306), as amended, particularly as amended by an Act approved August 9, 1924 (Ga. Laws 1924, p. 272), is hereby amended by striking Section 4 of the Act approved August 9, 1924 (Ga. Laws 1924, p. 272) in its entirety and substituting in lieu thereof a new Section 4, which shall read as follows: Section 4. The members of said board of commissioners of roads and revenues shall be elected one from the 971st or Newton District which district shall also include the Hardup District, one from the 957th or Milford District, one from the 1183rd or Haggards Mill District; one from the 1722nd or Elmodel District; and one from the 1680th or Anna District. In the election of such commissioners the candidate from each district shall be voted for only by the voters of such district, and the candidate receiving the highest number of the voters of the district shall be elected. No other district or part of the county shall participate in the election of a commissioner other than that for his own district. The commissioners so elected shall hold office for four years and until his successor is elected and qualified. They shall be elected at the same time other county officers are elected. In the event of the death or removal of a commissioner from the district in which he was elected the judge of the superior court of said county shall appoint his successor to fill the unexpired term, and until his successor is elected and qualified. Election.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 27, 1953. CLINCH COUNTY COMMISSIONERS. No. 305 (Senate Bill No. 42). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, so as to change the provisions relating to election of the vice-chairman; to provide for the eligibility of the chairman of the board and his residence; to change the compensation of the chairman of the board; to change the per diem and mileage of the members of the board;to change the compensation of the clerk of the board; to change the compensation of the county attorney: to repeal certain provisions relating to contracts and bids; to change the provisions relating to a bank as depository; to repeal certain provisions relating to bids from gasoline and oil dealers; to repeal certain provisions relating to the election of a chairman of the board and other officials; to repeal certain provisions relating to the terms of the commissioners and elections; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, is hereby amended by striking the provisions of Section 5, relating to the oath of commissioners and purchases

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and inserting in lieu thereof a new section to be known as Section 5 to read as follows: Sec. 5, Act of 1933, amended. Oath. Section 5. Members of the board of commissioners before entering upon the discharge of their duties, shall take an oath before the ordinary to discharge honestly and faithfully all of the duties of said office according to the laws and Constitution of the State of Georgia, and the oath when taken and subscribed shall be attested by the ordinary of said county and filed in his office as are other official oaths of county officers. Section 2. Said Act, as amended, is further amended by striking the provisions of Section 8, relating to the election of chairman and vice-chairman, and inserting in lieu thereof a new section to be known as Section 8 to read as follows: Sec. 8 amended. Section 8. Candidates when qualifying to run for the office of commissioner shall announce at that time whether or not they desire to be elected chairman of the board of commissioners. The election authorities shall provide on the ballot an appropriate space for the election of the chairman of the said board of commissioners. The names of all candidates for the office of 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. 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 next elected commissioner with the highest number of votes received in the election for the office of chairman, shall be declared the vice-chairman of the board for his term of office. In the event no person offering for the office of chairman is elected as a commissioner, 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 inability to serve of the duly elected chairman, the commissioners shall elect from among their number an acting chairman who shall

Page 2725

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 issue the call for an election to fill a vacancy in the office of chairman, within twenty days after such acting chairman has been elected by the board and being notified of such fact, and such election shall take place within sixty days after the call thereof. Election of chairman and vice-chairman. Bond The chairman of the board shall give bond in the sum of two thousand ($2,000.00) dollars for the faithful performance of his duties and for the protection of all county funds, said bond to be approved by the ordinary and recorded in that office. The chairman if elected as a commissioner to represent a district other than the 1224th District (which is the county-site district) on the board, may have and maintain a temporary residence in said county-site district and continue to represent his home-district on the board for the time he continues as such chairman. Residence. Section 3. Said Act, as amended, is further amended by striking the provisions of Section 9, relating to the compensation of the members of the board, and inserting in lieu thereof a new section to be known as Section 9 to read as follows: Sec. 9 amended. Section 9. The salary of the chairman of the said board shall be fixed by the board at not less than two hundred ($200.00) dollars per month nor more than three hundred ($300.00) dollars per month; provided, however, that if he does not give his entire time to the discharge of his duties as chairman, then he shall receive only the compensation as provided for other members of the board. Each member of the said board, other than the chairman, shall receive ten ($10.00) dollars per day for each day he attends a board meeting and in addition shall receive not more than seven and one-half (7) cents per mile as travel expense for attending the board meetings or in attending to the duties of his said office. All expense bills to be approved by the board in writing before payment. For extra service when rendered

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when not attending board meetings, the members shall present an itemized bill for approval by the board, for which service he is not to receive more than ten ($10.00) dollars per day, plus the above travel expense. Compensation for chairman and members. Section 4. Said Act, as amended, is further amended by striking the provisions of Section 11, relating to the clerk, and inserting in lieu thereof a new section to be known as Section 11 to read as follows: Sec. 11 amended. Section 11. There shall be a clerk of the Board of Commissioners of Roads and Revenues for the County of Clinch, who must have some experience in bookkeeping and be familiar with the duties to be performed by said clerk. Said clerk shall be elected by said board. Said clerk's salary shall be fixed by said board at not less than one hundred ($100.00) dollars per month, nor more than one hundred fifty ($150.00) dollars per month. Said board shall have authority to discharge and remove said clerk at any time with or without cause. Clerk. Section 5. Said Act, as amended, is further amended by striking the provisions of Section 17, relating to the county attorney, and inserting in lieu thereof a new section to be known as Section 17 to read as follows: Sec. 17 amended. Section 17. The commissioners may, in their direction, employ an attorney for the said county whose compensation shall be fifty ($50.00) dollars per month. In addition to acting as legal advisor to the board, he shall also act as legal advisor to the various elective county officers in the discharge of their duties. The board is further authorized to employ special council in special cases. County attorney. Section 6. Said Act, as amended, is further amended by striking the provisions of Section 20, relating to a bank as depository, and inserting in lieu thereof a new section to be known as Section 20 to read as follows: Sec. 20 amended. Section 20. Any chartered bank in Clinch County may be appointed county depository and when so appointed

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shall discharge the duties and have the same powers as fixed by law for county treasurer, so long as the said bank continues such depository. Said bank shall receive no compensation for such service and must at all times during the time it shall be the county depository have and keep its customers' deposits insured under the Federal Deposit Insurance Act. County depository. Section 7. Said Act, as amended, is further amended by repealing Section 26, relating to bids from gasoline and oil dealers, in its entirety. Sec. 26 repealed. Section 8. Said Act, as amended, is further amended by repealing Section 31, relating to election of the chairman of the board and other officials, in its entirety. Sec. 31 repealed. Section 9. Said Act, as amended, is further amended by repealing Section 32, relating to the terms of the commissioners and elections, in its entirety. Sec. 32 repealed. Section 10. All the provisions of this Act relative to any change in compensation, per diem and mileage shall be effective as of January 1, 1953. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 27, 1953. McDUFFIE SUPERIOR COURTDEPUTY CLERK'S SALARY. No. 308 (House Bill No. 499). An Act to provide for the payment of salary for a clerk of Superior Court of McDuffie County, Georgia; for the purpose of paying a deputy clerk; to fix the effective date of this Act; to repeal conflicting laws;

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and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The deputy clerk of the Superior Court of McDuffie County, Georgia, shall receive as compensation from the commissioners of roads and revenues or other fiscal authority of said county, a salary of eighty ($80.00) dollars per month. Section 2. This sum shall be paid by the fiscal authority of said county to the clerk of the superior court for the purpose of paying a deputy clerk. Section 3. This Act shall take effect as of the first day of the succeeding month following its approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, McDuffie County. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia convening in January, a bill to provide compensation for the Deputy Clerk of McDuffie Superior Court of eighty dollars per month. This 10th day of January, 1953. H. Eulond Clary, Representative, McDuffie Co., Ga. 8/9/10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Eulond Clary, who, on oath, deposes and says that he is Representative

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from McDuffie County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress, which is the official organ of McDuffie County, on the following dates: January 15, 1953; January 29, 1953; and February 5, 1953. /s/ H. Eulond Clary, Representative, McDuffie County. Sworn to and subscribed before me, this 9th day of Feb., 1953. /s/ Pearl B. Atkinson, Notary Public. (Seal). Approved February 27, 1953. MONTGOMERY COUNTY COMMISSIONERS. No. 309 (House Bill No. 417). An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County, approved December 3, 1937 (Ga. Laws 1937-38, Extra Session, p. 856), as amended by an Act approved March 6, 1939 (Ga. Laws 1939, p. 687); to create a Board of Commissioners of Roads and Revenues for the County of Montgomery; to provide for the election of members thereof; to provide for the election of successors; to provide for the meeting and organization of the board of county commissioners; to provide for the election of a chairman, to set his bond and to provide for a salary for the chairman; to name a clerk for said board and to fix his bond and salary; to provide duties and powers of said board; to prohibit members of board of commissioners to buy from or sell to county anything of value and to prescribe penalty therefor; to provide how disbursements shall be made by said board; to provide duties for chairman of the

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board; to provide that the board shall be the agency to receive contributions for improvement of roads; to provide for severability of Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Montgomery; to provide for manner of electing members thereof; to provide for their qualifications for said office; to designate the districts into which the county shall be divided and to appoint commissioners for said districts; to provide for election of their successors; to provide for their qualification; to provide for the meeting and organization of the board of county commissioners; to provide members compensation and fix the amount of their bond; to provide for filling vacancies; to name county executive as clerk of said board and to fix his salary and bond; to provide duties and powers of said board; to provide for publication of quarterly report by board of commissioners and to provide for annual audit of county affairs, to give board of commissioners authority to sell county property and to provide method of sale; to prohibit member of board of commissioners, either directly or indirectly, to buy from or sell to county anything of value and to prescribe penalty therefor; to provide how disbursements shall be made by said board; to provide duties of the chairman of said board; to provide that the board may receive contributions for improvement of roads; to provide notice to be given of intention of becoming candidate for office of county commissioners; to provide that any unconstitutional part of this Act shall not affect remaining portion; and for other purposes, approved December 3, 1937 (Ga. Laws 1937-38, Extra Session, p. 856), as amended by an Act approved March 6, 1939 (Ga. Laws 1939, p. 687), is hereby repealed in its entirety. Section 2. A Board of Commissioners of Roads and Revenues in and for the County of Montgomery is hereby

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created. When hereinafter used, the word board shall be deemed to mean the Board of Commissioners of Roads and Revenues of Montgomery County created by this Act. Board of commissioners. Section 3. The board shall be composed of five persons who shall be freeholders and qualified voters of Montgomery County. Section 4. The five members of the board of commissioners of roads and revenues as it is presently constituted, to wit: J. B. O'Conner, J. LeRoy Downie, James M. Moses, Hobson Wells, and W. A. Holton, are hereby appointed to serve on the board and they shall compose the membership of the board until December 31, 1956. Incumbents. Section 5. In 1956, and every four years thereafter, the members of the board shall be elected in the same manner as now provided by law for the election of other county officers, and all laws applicable to the holding of primary and general elections of county officials shall apply to the election of members of the board, provided that no two or more persons from the same militia district located in Montgomery County shall be eligible to serve on the board at the same time, and in any primary or general election where there shall be two or more candidates for nominee of the party or for membership on the board from the same militia district, only such person with the highest number of total votes shall be chosen nominee of the party or elected a member of the board, as the case may be. Election. Section 6. Should a vacancy on the board occur for any reason, the Ordinary of Montgomery County shall appoint a commissioner to fill said vacancy until a successor be elected and qualified at the next general election for members to the board. Vacancies. Section 7. Each commissioner elected or appointed must qualify within thirty days after his election or appointment by taking and filing the following oath with the ordinary: I, , do solemnly swear

Page 2732

that I will faithfully discharge the duties of Commissioner of Roads and Revenues of the County of Montgomery and that I will so act as in my judgment will be most conducive to the welfare and prosperity of said county. So help me, God. Oath. The chairman of the board shall, in addition to the oath, make and file with the ordinary a bond in some solvent surety company doing business in the county for the faithful performance of his duties in the sum of one thousand dollars ($1,000.00) payable to the ordinary, and said bonding fee shall be a legal charge against the county. The board may in the discretion of the members fix a salary to be paid the chairman of the board within the limits fixed by this Act. Chairman's bond. Section 8. The board shall meet in each month on the first Thursday thereof. Annually, upon the first Tuesday of January, the board shall at its meeting elect one of its members as chairman. The chairman may call the board together for a special meeting whenever he deems it necessary, or any member of the board may request the chairman to call a meeting. Any three commissioners shall constitute a quorum for the purposes of holding a meeting of the board, provided that it shall at all times take a majority vote of the entire board to constitute an action by the board. Meetings. Section 9. The chairman of the board shall preside at all meetings at which he is present, and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by the board, and shall at each regular meeting of the board submit a report of the conditions of county affairs and make to the board such recommendations as he shall deem proper. Chairman. Section 10. The compensation of each member of the board shall be eight dollars ($8.00) per day, and in no event shall a member draw more than four days' salary in any one month. Compensation of members.

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Section 11. The board shall have exclusive jurisdiction and control over the following: Boards' powers. 1. In governing and controlling all county property, letting, hiring and leasing county convicts. 2. In levying taxes for county purposes in accordance with law. 3. In examing and auditing the accounts of all officers or persons having the care, management, keeping, collecting or disbursing of money belonging to the county, or appropriated for its use and bring them to settlement. 4. In examing, auditing, allowing and settling all claims against the county. 5. In making such rules and regulations for the support of the paupers of the county and the promotion of the health of the county as are not inconsistent with the laws of the State. 6. In establishing, altering, abolishing, or opening roads, bridges, and ferries in accordance with the law. 7. In the appointment of a road superintendent and in the general management of the roads, bridges and revenues of the county, including the exercise of all powers over county matters and officers in said county as may be exercised in other counties of this State by the ordinaries where no county commissioners exist; to grant or refuse to grant licenses to do or perform any act for which license from the county or county authorities is required by law. 8. They shall generally have and perform all the duties vested by law in the county ordinaries when sitting for county purposes. 9. The board shall have authority to employ and retain a competent attorney at law, who shall be a resident of Montgomery County, and whose compensation shall

Page 2734

not exceed two hundred dollars ($200.00) per annum, to be paid in equal monthly installments out of the county treasury of said county; to advise said board in all matters that may come before said board and to draw such county orders, contracts, etc., as are necessary; that should any special litigation or special matter arise which would require said county attorney to go out of said county at the instance of the board or perform extra services within said county in defense of suit against said board, for the same he shall be entitled to receive such compensation as is reasonable therefor as determined by the board. County attorney. Section 12. The board may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along said roads, or from any other person or persons, or from the State Government, or from the United States Government, or from any corporation or firm who may be interested in the improvement of the roads and bridges of the county, and such contributions, when received, shall be used for the improvement of the roads or bridges designated by the benefactor. Contributions for road and bridge improvement. Section 13. The person serving as clerk of the Board of Commissioners of Roads and Revenues of Montgomery County at the time this Act becomes effective is hereby made and constituted the clerk of the board created by this Act, and he shall have such authority as may be delegated to him by the board. The clerk of the board shall serve for a like term as the members of the board, so long as his services are satisfactory to the board, and his successor shall be appointed by the board at the expiration of his term or at any time before such date of expiration, if for any reason the said office shall become vacant. The salary of the clerk of the board shall be fixed by the board, but in no event shall said salary be less than one hundred twenty-five dollars ($125.00) per month or more than two hundred dollars ($200.00) per month. Clerk. Section 14. The clerk of the board shall give bond

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in the sum of five thousand dollars ($5,000.00), payable to the board, in some solvent surety company doing business in the county and authorized by law to do business in this State, the same to be approved by the chairman of the board and conditioned for the faithful performance of his duties as such clerk, and said bonding fee shall be a legal charge against the county. Clerk's bond. Section 15. The clerk of the board shall keep an accurate record of the meetings of the board, shall record the vote of each member of the board on any and all questions considered by the board, and shall keep an accurate account of all funds collected by him or turned over to him by any of the members of the board, agents of the board or officers of the county. He shall also keep an accurate record of all disbursements from funds in his hands, such records to include the person to whom disbursement is made, the time when the disbursement was made, the amount disbursed, and for what purpose the disbursement was made. Clerk's duties. Section 16. All disbursements of funds of the county shall be by warrant drawn against the fund from which such debt shall be paid, and no other, and said warrant shall be signed by the chairman and clerk of the board. No warrant shall be drawn until the claim or debt shall be approved by the board, and all claims shall be itemized before being paid. Disbursements. Section 17. The board shall have authority, whenever they deem it advisable or necessary, to sell any property belonging to the county at public outcry to the highest bidder for cash before the courthouse door, or at private sale to the highest bidder for cash, as in their discretion they deem to be to the best interest of the county. Personal property belonging to the county may be sold after publishing notice of the sale in the official gazette of the county for one week prior to such sale; provided, that in no event shall a commissioner buy from, or sell to the county, either directly or indirectly, anything or article of value whatsoever. Should any member of the board violate the foregoing provision, he shall

Page 2736

forthwith forfeit his right to serve as a member of the board and shall be liable for punishment as for a misdemeanor. Sales and purchases. Section 18. Be it further enacted by the authority aforesaid, that said board shall be required to publish detailed quarterly reports of all receipts or money or other things coming into their hands for the use and benefit of said county, as well as all expenditures and disbursements made by them, and such reports shall not be mere ledger balances, but shall be detailed statements of what money or other things of value have been received and from what sources received, and how expended or disbursed, and shall be so expressed that any person of average experience and intelligence can understand what is meant thereby and what has been done with the county's money or other thing of value; and at the same time said board shall publish a full and complete statement of how much money the county owes, if any, and to whom the same is due. Said board are hereby directed and commanded to publish said statements in the county paper in which sheriff's advertisements for said county are published, and they are authorized and empowered to pay therefor out of any fund in the county treasury a reasonable compensation for such publication, which, in no event, shall exceed the sum allowed for legal advertisements. It is further provided that as of the close of business on June thirtieth of each year, the board shall have a detailed audit made of the fiscal affairs of the county. Such audit shall be made by an individual, or firm, who is registered with the State Board of Accountancy of Georgia and shall include all offices and officers of the county receiving or disbursing county funds. Reports. Audits. Section 19. Be it further enacted by the authority aforesaid, that if any portion of this Act shall for any reason be held illegal, that portion alone shall be affected, but the remaining portions of said Act shall not be affected thereby, and shall remain in full force and effect.

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Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of a 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 abolish all laws creating and regulating the Board of Commissioners of Roads and Revenues in and for the County of Montgomery. This 10th day of December, 1952. Henry A. Moses, Representative. Notice of Intention to Apply for the Passage of a 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 create a Board of Commissioners of Roads and Revenues in and for the County of Montgomery, to provide for a board of commissioners of roads and revenues in substantially the same manner as the present board now operates, except the following: (1) To provide the time and manner in which the five (5) members of said board shall be elected and qualified to hold these offices. (2) To increase the sum allowed for the expenditure for administrative purposes from one hundred seventy-five ($175.00) dollars per month to thirty-six hundred ($3600.00) dollars per year. This 10th day of December, 1952.

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Henry A. Moses, Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Arthur Moses, who, on oath, deposes and says that he is Representative from Montgomery County, and that the attached copies of Notices of Intention to Introduce Local Legislation were published in The Montgomery Monitor, which is the official organ of Montgomery County, on the following dates: January 8, 1953, Jan. 15, 1953, and Jan. 22, 1953. /s/ Henry Arthur Moses Representative, Montgomery County. Sworn to and subscribed before me, this 27 day of January, 1953. /s/ Frances G. Read, Notary Public, Fulton Co. My commission expires Feb. 1, 1954. Approved February 27, 1953. PIKE COMMISSIONERS' SALARY. No. 310 (Senate Bill No. 123). An Act to fix the salary for the Commissioners of Roads and Revenues of Pike County, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that on and after the passage of this Act the salaries of Commissioners of Roads and Revenues of Pike County, Georgia, shall be $600.00 per annum payable

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in equal monthly installments from the treasury of the county. Salary. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1953. QUALIFICATIONS OF ORDINARY IN CERTAIN COUNTIES. No. 311 (Senate Bill No. 38). An Act to provide that no person shall be elected ordinary of a county having therein a population of 100,000 or more, unless such person shall have attained the age of thirty years and either shall have practiced law for three years next preceding his election, or shall have served as much as five years as a clerk of the court of ordinary, provided that such service shall have been continuous and immediately prior to his election as ordinary, to exempt from the provisions of the Act any person now holding the office of ordinary, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority thereof: Section 1. In a county having within its limits a population of 100,000 or more by the present or any future census of the United States, no person shall be ordinary unless at the time of his election, in addition to the qualifications now required by law, he shall have attained the age of thirty years and shall either have practiced law for three years next preceding his election or shall have served as much as five years as a clerk of the court of ordinary, provided, however, that such service shall have been continuous and immediately prior to his election as ordinary. Counties. Qualifications.

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Section 2. The provisions of this Act shall not apply to any person now holding the office of ordinary in any county affected by this Act. Section 2A. Provided that the provisions of this Act shall not apply in counties of 300,000 or more according to 1950 or any future census. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 27, 1953. CITY COURT OF LUDOWICIJUDGE'S SALARY. No. 313 (Senate Bill No. 125). An Act to amend an Act approved August 6, 1921 (Ga. Laws, 1921, p. 364) as amended, which Act created the City Court of Ludowici, so as to increase the salary of the judge of said city court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That an Act approved August 6, 1921 (Ga. Laws, 1921, p. 364) as amended, which Act created the City Court of Ludowici, is hereby amended by striking from Section 4 thereof, as amended, the words and figures eighteen hundred dollars ($1800.00), and inserting in lieu thereof the words and figures twenty-four hundred dollars ($2400.00), so that from and after the passage of this Act the Judge of the City Court of Ludowici shall be compensated in the amount of $2400.00 per annum. Salary. Section 2. 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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Affidavit of publication attached to enrolled copy. Approved February 27, 1953. NORCROSS CHARTER. No. 314 (House Bill No. 256). An Act to create a new charter for the City of Norcross, Georgia, by amending, revising and consolidating an Act approved August 17, 1908, and amendments thereto; to define the name, style and corporate limits of said city; to define the powers and authority of said municipality; to provide for the election of a mayor and councilmen and fix their terms of office, their authority, powers, duties and salaries; to provide for the filling of vacancies; to provide for the hiring of city employees and fixing their salaries and duties; to provide for the registration of voters and the manner of holding city elections; to provide for police regulations and the enforcement thereof; to provide a police court and who shall preside therein; to provide for bonds and forfeitures; to provide for the raising of revenue by taxation, business licenses, bonds, etc; to provide how public property belonging to said municipality may be sold; to provide for the granting of franchises by said municipality; to provide the manner of improving, working and closing of roads, streets and sidewalks, and the assessment of costs thereof; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said municipalities to enact zoning and building regulations; to provide regulations for the prevention of fires; to provide for water, gas, sewerage and electric distribution systems for said municipality and surrounding territory; to provide that no valid or existing ordinance, rules or regulations of the

Page 2742

present corporation, not inconsistent herewith, nor any contract or right made or acquired under the same shall be affected by this Act; to provide for the issuance of executions and subpoenas and the enforcement thereof; to provide for the removal of the mayor or any member of the council for neglect of duty; 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 inhabitants of the territory hereinafter described, be, and they are hereby incorporated under the name and style of the City of Norcross, 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 anywise appertaining to said City of Norcross as heretofore incorporated, shall be and are hereby vested in the City of Norcross created by this Act. And the said City of Norcross created by this Act, may 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, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as the mayor and council may deem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the said City of Norcross shall be able in law to purchase, hold, receive, enjoy, possess and retain in fee simple, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of any kind or nature whatsoever, within the limits or without the limits of said city, for corporate purposes. The mayor and council may in like manner use, manage and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property now owned or hereinafter acquired by said city, and all transfers and conveyances of real or personal property heretofore made by said city are hereby confirmed, ratified and declared legal; Provided, that no public utility such

Page 2743

as water system, gas system, electric distribution system, or any property used in connecting therewith and necessary for the maintenance of the same owned or controlled by the City of Norcross shall ever be sold, leased or otherwise disposed of unless the contract for such sale, lease or other disposition shall have at first been assented to by two-thirds of the qualified voters of the city at an election held for that purpose as other city elections are held. And the said City of Norcross shall succeed to all the rights and liabilities of the old corporation, and all existing ordinances, rules, bylaws and resolutions of the old corporation 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 of Norcross shall extend in a circle of three-fourths of a mile in every direction from the present cotton loading platform, the site of the former freight depot of the Southern Railway Company, situated in the City of Norcross. Limits. Section 3. Be it further enacted by the authority aforesaid, that the municipal government of said City of Norcross shall consist of a mayor and five councilmen. The present Mayor and Councilmen of said City or Norcross shall continue in office until the expiration of the term for which they have been elected, and until their successors are elected and qualified, and they shall have and exercise all the rights, powers and duties hereby conferred on the Mayor and Council of said City of Norcross. On the first Saturday in December, 1953, there shall be elected three councilmen, whose term of office shall be for two years, beginning on the first Monday in January, 1954, and each of said councilmen shall hold office until his successor is elected and qualified; and on the first Saturday in December every two years thereafter there shall be elected three councilmen, whose term of office shall be two years, or until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. On the first Saturday in December, 1954, there shall be elected a mayor and two councilmen, whose term

Page 2744

of office shall be for two years, beginning on the first Monday in January, 1955, and each of said officers shall hold office until his successor is elected and qualified. And on the first Saturday in December every two years thereafter there shall be elected a mayor and two councilmen, whose term of office shall be for two years, or until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. Mayor and Council. Section 4. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor or councilmen of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city. If the mayor or either of the councilmen should remove his residence or domicile out of the said city during his term of office, said office shall automatically become vacant. Their qualifications. Section 5. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year, they shall elect one of their number mayor pro tem., whose term of office shall be one year, and during the sickness, absence, or disqualification of the mayor, the mayor pro tem., or in his sickness, absence or disqualification, any one of the councilmen, chosen by the members present, shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. Mahor pro tem. Section 6. Be it further enacted by the authority aforesaid, that in the event the office of mayor, or any one or more of said council shall become vacant, for any reason whatever, the remaining members of the council shall fill said vacancy for the unexpired term. Vacancies. Section 7. Be it further enacted by the authority aforesaid, that the mayor, or mayor pro tem., and three members of the council shall constitute a quorum for the transaction of any business before the council; on all questions before the city council, the mayor, or mayor

Page 2745

pro tem., if he be presiding, shall be entitled to vote only in case of a tie, or in case only one vote is needed to pass any motion, resolution, ordinance or other question before the council, the mayor, or mayor pro tem., if he be presiding, may vote. No mtion, resolution, ordinance or other question before the council shall pass unless a majority of the members present, including the mayor, or mayor pro tem., if he be presiding, vote for the same, and unless the said motion, resolution, ordinance or question receive at least three affirmative votes. Meetings and compensation. Section 8. Be it further enacted by the authority aforesaid, that the Mayor of said City of Norcross receive a salary, to be fixed by council, not to exceed six hundred (600) dollars per annum; and each member of council shall receive a salary, to be fixed by council, not to exceed one hundred twenty ($120.00) dollars per annum. The mayor and council shall meet for the purpose of transacting business for said city only at the city hall as now or hereafter may be established. The mayor and council, by ordinance or resolution, shall fix the time for the holding of regular meetings for the transaction of business, and the mayor, or in his absence from the city, or sickness, the mayor pro tem. may call special meetings of the council under such rules and regulations as the mayor and council may fix. Section 9. Be it further enacted by the authority aforesaid, that the mayor, or in his absence or disqualification, the mayor pro tem., shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinance, a police court for said city for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding a fine of two hundred dollars, and imprisonment and labor on the public works of the city for sixty days for each offence, and may impose both a fine and a sentence of imprisonment and labor. In case of the absence or disqualification of both the mayor and mayor pro tem., any member of council may preside at said police court. Provided, however, the mayor and

Page 2746

council shall have the right at any time in their discretion, upon the approval of the mayor and at least four (4) councilmen, to create and establish the office of city recorder, elect a city recorder in and for said city and fix the recorder's salary and term of office, which term of office shall be for not more than one year; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said court, and the said court shall not thereafter be presided over by the mayor, mayor pro tem., or any member of council, excepting in the absence or disqualification of the said recorder. In the event of the absence or disqualification of the recorder, the mayor, mayor pro tem., or any member of the council may preside over said court with full powers as the city recorder. The mayor and council shall have the right to elect as city recorder any citizen of said city eligible to hold office as mayor of said city. Said recorder, when elected and qualified, shall have all the powers and authority appertaining to said police court as now exercised by the mayor or mayor pro tem. Police court. Section 10. Be it further enacted by the authority aforesaid, that said mayor, mayor pro tem., and the recorder, if one is elected as above provided, shall have the right to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be directed to the marshal, chief of police, and the police officers of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said county, or admit to bail, offenders against the laws of this State, for their appearance at the next term of the City Court of Gwinnett County, Georgia, or of the superior court of said county, and it shall be the duty of the jailor of Gwinnett County to receive the persons so committed and safely keep them until discharged by due process of law; and such person, while presiding over said police court, shall have the power to punish for contempt of court any person so offending, which punishment shall not exceed a fine of twenty-five dollars, or fifteen days imprisonment and labor on the public works of said city and shall be in the alternative. Arrests, commitment trials.

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Section 11. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year they shall elect a city clerk, a chief of police, and such other officer and servants, including a city attorney, as the mayor and council shall deem necessary for the government of said city. Each of said officers shall be elected for a term of one year, and at the pleasure of the mayor and council, who shall fix the salary of said officers and servants. Officers. Section 12. Be it further enacted by the authority aforesaid, that said city clerk shall be a pratical book-keeper, and shall keep his office at the city hall of said city, and shall keep a corporate seal and all papers and records of the city appertaining to his office; he shall be clerk of the city council and of the police court, and shall keep the minutes of the city council and of the police court; copies of all papers filed in the office of the clerk and transcripts of the records of the city council and of the police court certified by the clerk under the corporate seal shall be evidence in all courts as if the original was produced. Said clerk shall be the official tax collector of said city, and shall issue all tax executions and shall keep a tax execution doccket in which he shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for taxes, or for licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which sum shall be paid to the city treasurer. He shall perform such other duties as the mayor and council shall be ordinance or otherwise require and direct. Clerk. Section 13. Be it further enacted by the authority aforesaid, that the chief of police shall have full direction and management of the policemen under him, subject to the control and direction of the mayor and council by ordinance. He shall see that all ordinances are enforced and that the men under him discharge their duties faithfully. He shall attend each session of the police court, or instruct one of the policemen under him to be in attendance. He shall collect such funds and

Page 2748

enforce such sentences of imprisonment and labor as the presiding officer of said police court may impose, and pay to the city treasurer, for the benefit of said city, all funds collected. The said chief of police shall also be the city marshal and shall be the collecting officer of all executions issued for unpaid taxes, licenses, and other matters, which he may be directed to collect by the mayor and council. He shall execute such executions by levying the same upon either real or personal property, and any property so levied upon shall be advertised and sold as directed by ordinances passed by the mayor and council. There shall be taxed against all persons whom an execution shall be issue, and for levying, advertising, selling and making titles the same costs as are allowed sheriffs for like service, and these fees shall be paid over by said marshal to the city treasurer. The chief of police, and the policemen under him shall be furnished with blank summons in the form prescribed by ordinance, and when an offence is committed, and they are satisfied that the offender is not likely to leave the city, they shall give him a written summons to appear before the police court. If they believe that the defendant will leave the city, or fail to appear at police court, they may require the offender to give bond and security conditioned upon his appearing at said police court, and upon his failure to give said bond may confine said offender in the city jail until a hearing before the police court can be had. The chief of police, and the police, and the policemen under him, may execute any warrant issued by any magistrate of this State, upon any defendant found in said city. Upon the arrest of any person for violating the criminal laws of Georgia, or when they know that the State law is being violated, they shall immediately apply to the nearest magistrate for a warrant and execute the same. When any offence has been committed in the presence of the said chief of police, or any member of the police force of said city, and the said offender shall flee, they may follow said offender anywhere in said State, arrest the said offender, and return him to the city for trial. Should any person violating any of the ordinances flee from the jurisdiction of said city, such person may be apprehended wherever he may be found in this State,

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and the warrant of the mayor or mayor pro. tem., or recorder, of said city shall be sufficient authority for his arrest, return and trial upon the charges resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county in this State, and the warrant of the mayor, the mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return. The chief of police and other officers of said city shall perform such other and further duties as shall be required of them by the mayor and council of said city. Police. Section 14. Be it further enacted by the authority aforesaid, that the mayor and council shall designate the city clerk, or some other person city treasurer, and may designate some bank as a city depository. They shall provide by ordinance or resolution for the drawing of city warrants or checks, and designate who shall sign same. Treasurer. Section 15. Be it further enacted by the authority aforesaid, that the mayor, councilmen, city clerk, chief of police, and other policemen employed by said city, shall take an oath to well and truly perform the duties of his office at the time of taking office, and the mayor and council shall require the city clerk, chief of police, or any other officers they see fit, to give a good and sufficient bond for the faithful performance of their duties, and such bonds shall be in the amounts fixed by the mayor and council, and by them approved. Oaths and bonds. Section 16. Be it further enacted by the authority aforesaid, that the mayor and council shall provide by ordinance for the giving of appearance bonds, which may be either a surety bond, or a cash bond, for persons accused or charged with the violation of the ordinances of said city, and by ordinance shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure appertaining thereto. Appearance bonds. Section 17. Be it further enacted by the authority

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aforesaid, that any person convicted before the mayor or other presiding officer, in the police court, shall have the right of certiorari to the Superior Court of Gwinnett County, Georgia, in the manner prescribed in Chapter 19 of the Georgia Code Annotated. Certiorari from police court. Section 18. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding one and one-half per centum thereof, and for the purpose of providing for a sinking fund for the payment of any bonds heretofore issued, or that may hereafter be issued by said city, and to provide a fund for the payment of the annual interest of said bonds, a greater ad valorem tax may be levied and collected. Said mayor and council shall provide by ordinance for the return of all taxable property in said city, how said property may be assessed, how the valuation of the property fixed by the taxpayer may be increased or decreased by assessment, and provide penalties for the neglect or refusal to return said property, to provide for the issuance of executions for said taxes, and how said executions may be levied upon the property of the tax-payer, and the property so levied upon shall be advertised and sold, and the proceeds thereof distributed. Taxation. Section 19. 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 resident or non-resident of said city who may be engaged in, prosecute or carry out any business, calling, vocation or profession within the corporate limits of said city, by themselves or by their agents to register their names, business, calling, vocation or profession annually and to require such persons, company or corporation to pay for said registration, and, for license to carry on, prosecute, or engage in said business, calling or profession, such amounts as the mayor and

Page 2751

council may provide by ordinance. Said mayor and council may provide by ordinance for the punishment of all such persons, firms, companies, or corporations required by ordinance to register and pay such licenses, or to take out said licenses for same, who fail to comply with all the requirements of said ordinances made in reference thereto. And the mayor and council shall provide by ordinance for the issuance of executions for all or any unpaid license fees due to said city, and said execution shall be enforced and collected in the same manner as tax executions issued by said city. Occupational licenses. Section 20. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property, within or without the corporate limits, for the purpose of public buildings, parks, cemeteries, water supplies, sewerage, drainage, water systems, gas systems, electric systems, and for laying out new streets, grading, or in any way changing streets, lanes, and sidewalks in said city, and for any other public purpose, and the manner of condemning said property shall be that now fixed or hereafter fixed by the laws of this State, for the condemnation of property by municipalities. And the said mayor and council shall have the right to relocate, change, close, or abandon any street, sidewalk, lane or alley in said city. Streets, sidewalks, etc. Section 21. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the sidewalks, streets, alleys, and public parks of said city, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks and streets against the real estate abutting on such sidewalks to the amount of not more than two-thirds of such costs; and any street railroad company or other railroad company having tracks running through or across the streets of

Page 2752

said city shall be required to pave, macadamize or otherwise improve such street in such proportion as the mayor and council may provide by ordinance. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of each improvement made, and pro-rating the costs thereof on real estate according to the frontage on the streets, or portion of street so improved, or according to the area of value of said estate, either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the said real estate or the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings as in the case of other sales by the city the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The marshal shall execute a deed to the purchaser and shall have authority to eject the occupant and put the purchaser in possession. The mayor and council shall have authority to pave and contract to pave the whole surface of the streets without giving any railroad company or other property owner the option of paving such streets themselves. The lien for assessment on abutting property and railroad company for street or sidewalk paving, curbing, macadamizing, grading or drainage shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Improvements. Section 22. Be it further enacted by the authority aforesaid, that the said mayor and council shall have the

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full power and authority to zone said city into fire districts, to enact any and all ordinances, rules and regulations necessary to protect the property in said city from the hazards of fire, and may adopt different rules and regulations for the different zones or districts so established. They may adopt a building code, fixing the minimum specifications for all buildings, wiring and plumbing in said city. They may enact ordinances requiring any person erecting any building or structure of any nature, or doing any repair or remodeling any building or structure in said city to first obtain a permit from said city for such building, structure or repairs, and shall be authorized to fix requirements and conditions such as the filing of plans and specifications and bonds, necessary to be performed by the applicant before such permit is issued; to fix a fee or charge for said permit, and may refuse to issue such permit when in the opinion of said mayor and council, such building, structure, or repairs, because of the materials to be used, the manner in which it is to be constructed, or the use to which said building or structure is to be put, would create a fire, or other hazard in said city, and such ordinances may provide a penalty for anyone violating the same. Such ordinances and building code may provide how any building, structure or repairs erected in said city without the owner or builder having first obtained a permit for same, or having failed to comply with said ordinance or building code, or having failed to follow the plans and specifications filed with said city, shall be removed by the owner, or city at the owner's expense and enforce the collection of such expense by execution against the owner of the property on which such building or structure is erected, which execution shall be issued and enforce in the same manner as other executions issued by said city may be enforced. Buildings. Section 23. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinances, rules, and regulations provide for the examination and licensing of all builders, electricians, pipe fitters and plumbers before such builders, electricians, pipe fitters

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or plumbers shall do any building, electrical work, or plumbing in said city. Section 24. Be it further enacted by the authority aforesaid, that said mayor and council may provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the material used, electrical wiring, plumbing and the safety and strength of the same as the mayor and council may from time to time prescribe by ordinance to guard against loss by fire, injuries to the person, or damage to property. The mayor and council may also prescribe by ordinance such rules and regulations as they deem necessary, regarding the use and storage of inflamable, combustible, and explosive materials and chemicals, and may by ordinance prohibit the use, and storage of highly inflamble, combustible and explosive materials and chemicals altogether in certain zones or areas of said city. Section 25. Be it further enacted by the authority aforesaid, that the mayor and council may divide the city into zones, and to prescribe what class and kind of buildings, businesses, callings, trades or professions shall be permitted or prohibited within the zones so prescribed. They may form a planning board in conjunction with governing authorities of Gwinnett County and delegate to such joint planning board such powers and duties as necessary to properly zone and carry out zoning regulations in said city. Zoning. Section 26. Be it further enacted by the authority aforesaid, that the mayor and council may construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof, and such assessment, execution and enforcement thereof shall be in the same manner as hereinbefore provided for street improvements. Sewers.

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Section 27. Be it further enacted by the authority aforesaid, that said city is authorized to own, use and operate for municipal purposes and for profit a system of waterworks and electric lights and gas works, both within and without the corporate limits of said city. The mayor and council shall make and enact such ordinances, rules and regulations regarding the use of the same by the public, and provide by ordinance for the punishment of those who illegally use said water, electricity or gas, and who illegally divert same from their proper channels of transmission, or who injure or destroy or permit to be injured or destroyed, any meter, pipe, conduit, wire, line, post, lamp or other apparatus belonging to the city and its water, gas, and electric light systems, or who prevent an electric, gas or water meter from duly registering the quantity of electricity, gas or water supplied, or in any way interfere with the proper action or just registration, or, without the consent of the city, divert any electric current, gas, or water from its proper channel, or who uses or causes to be used without the consent of the city, any electricity, gas or water distributed by the city. The police court of said city shall have the right to punish for the violation of any of the ordinances, rules, and regulations in this section provided, even though said violation should occur outside the territorial limits of said city. The mayor and council may prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for the use of water, electrical current, gas, or other public utility of the city. Water, electricity, gas. Section 28. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have the power to grant franchises, easements and right of way over, in, under and on the public streets on such terms and conditions as they may fix. They may contract with any other public or private corporation regarding the furnishing of water, electric current, gas, or other public service to said city by said other corporation, or regarding the furnishing of water, electric current, gas, or other public service, by the city to such public or private corporation. Provided, the said mayor and council, shall not grant any franchise, easement or authority to

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any person, or public or private corporation to own, operate or maintain any public utility in competition to any public utility owned by said city within said city. Section 29. Be it further enacted by the authority aforesaid, that there shall be a fire department maintained and operated by the City of Norcross under such rules, regulations and ordinances as the mayor and council shall prescribe. In addition to the chief, the fire department shall consist of such number of men who shall receive such salaries as may be prescribed by the mayor and council, and who shall be elected by the mayor and council as other officers and servants of said city. The chief shall be the executive head of the department, shall be responsible for the good order and officiency of the same, and shall make such reports to the mayor and council of the condition of the department as may be required, and said chief shall be and he is hereby made exofficio police officer of the city and empowered to make arrests as regular police. Fire department. Section 30. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance provide for a board of health, to consist of such number, to hold office for such length of time, and to have such powers and duties as the mayor and council may by ordinance provide. The mayor and council shall have power and authority to enact ordinances for the purpose of preventing the spread of infectious or contagious diseases, to declare and maintain quarantine regulations against infectious or contagious diseases of both persons and animals. They shall have power to compel all persons or animals in said city, whether said persons be permanent residents or sojourners, to be vaccinated or inoculated, and may provide vaccination and inoculation points, and employ city physicians at the expense of the city to vaccinate or inoculate all persons or animals, and may provide by ordinance punishment for persons failing to be vaccinated or inoculated, or failing to have their animals vaccinated or inoculated. The said mayor and council shall have power and authority to enact ordinances regulating sanitation in said city, require suitable sanitation

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facilities in all buildings, prohibit open or outdoor privies or toilets, regulate or prohibit the keeping of animals and fowls in said city, requiring owners of lots, parts of lots, cellars, or basements, if the same should become a nuisance or peril to the health of said city, to fill or drain said lots, cellars or basements, and if the owner or occupant of such lots, cellars, or basements should fail or refuse after reasonable notice to comply with the requirements of said mayor and council, it shall be lawful for the said mayor and council to have this work performed and by ordinance tax the costs against the property and collect the same by execution issued as provided by ordinance. They shall have power to regulate cemeteries and the burial of the dead, and to provide one or more cemeteries for the burial of the dead, either within or without the city, and to regulate interments therein, to provide rules and regulations as to the size of burial lots, alleys between graves, type of markers and stone, flowers and shrubbery, sale and ownership of lots therein, and to expend annually a sufficient sum for the proper keeping of said cemeteries. Health and sanitation. Section 31. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to by proper ordinances provide for the abatement of nuisances, lewd houses, gambling and gambling places, blind tigers, and disorderly houses, to charge the expense for abating such nuisances or places against the person causing the same, or the owner of the premises, according as one or the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. The said mayor and council shall have full power and authority to provide by ordinance for the abtement or condemnation of any wall, building, structure, awning, shed, signs, etc., which on account of its state of repair, location, construction, etc., is a hazard to the safety of the public or an obstruction to any street, alley or sidewalk, and charge the expenses of abating, condemning or removal of the same against the person causing the same, or the owner of the premises, according as the one of the other is liable, and to enforce the collection of said expenses by execution

Page 2758

issued as executions for taxes. Nuisances, etc. Section 32. Be it further enacted by the authority aforesaid, that the execution herein provided for shall be issued by the city clerk, bearing teste in the name of the mayor, directed to all and singular, the chief of police, policemen, and marshal of said city, and to the sheriffs and constables of said State. The city clerk shall keep an execution docket in which he shall record all executions issued, showing the name of the defendant in fi. fa. the date, the amounts, and the date of satisfaction, if satisfied. Said executions, when issued for ad valorem taxes, or for street and sidewalk improvements, shall have the same lien and priority as tax executions and street improvement executions generally have under the laws of this State, and all other executions issued by said city shall have the same lien and priority as executions issued by the superior courts of this State. Provided, that except as to tax executions and executions issued for street and sidewalk improvements, the rights and priorities of third persons shall not be affected unless said executions are recorded on the general execution docket of the superior court of the county in which the property sought to be subjected to such execution is located, and as to such third parties the lien and priority of said executions shall date only from the time said executions are so recorded on said general execution docket. In any case where the defendant in execution has no property within the City of Norcross, then and in that event any execution issued by authority of the city for the enforcement of the payment of any sum for taxes, special assessments, fines, or otherwise, may be levied and enforced in any county in the State in which property of the defendant may be found and for such purposes it shall be the duty of any levying officer into whose hands said execution may be placed to promptly enforce the same in the same manner as other executions are enforced with reference to levy, advertisement and sale. Provided, however, that to any execution issued by said city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and

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from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Gwinnett County and there tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Executions. Section 33. Be it further enacted by the authority aforesaid, that the said city may issue municipal bonds and revenue certificates for municipal purposes, in the manner and subject to the limitations provided by the laws and Constitution of this State. Bonds and revenue certificates. Section 34. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into the police court, such as are incident and lawfully chargeable to the prosecution of said cases. Subpoenas may be issued by the city clerk, or chief of police, bearing teste in the name of the presiding officer, and shall contain a brief statement of the case, the time set for trial or hearing and the time at which the person subpoenaed shall appear. The presiding officer shall have the power to punish any person disobeying said subpoena for contempt of court. The mayor and council shall provide by ordinance for dockets for said police court, for a summary or simple statement of the offences with which persons are charged, which statement shall be deemed sufficient notice to, or accusation of, the accused, and shall provide general rules of procedure in said court. Police court. Section 35. Be it further enacted by the authority aforesaid, that all persons qualified to vote for members of the General Assembly in the County of Gwinnett, who shall have resided three (3) months within the city limits of the City of Norcross, and have registered as hereinafter provided, shall be qualified to vote in any city election. Voters.

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Section 36. Be it further enacted by the authority aforesaid, that the city clerk shall keep a permanent voters registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such persons entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council shall allow said person to enter upon the registration book his or her name, age, residence and occupation. Said names shall be alphabetically arranged in the register as nearly as possible, the white and colored being kept separate. The registering officer shall be the judge of the qualification of those offering to register, with the right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said city clerk's office is open for official business, except, said registration book shall close at the close of the tenth day before any election, and any person registering therein after the tenth day before any election shall not be qualified to vote in said election, and if said tenth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the ninth day before said election. Prior to all elections, and after the close of the said registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved without said city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered

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anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State law shall in all respects govern where in conflict with this charter. Registration. Section 36. Be it further enacted by the authority aforesaid, that the mayor and council shall appoint, prior to each election, a board of three managers to conduct said election, each of said managers shall be qualified voter of said city, and each shall take an oath to faithfully and impartially conduct said election and prevent all illegal voting, to the best of their skill and power. All elections in said city shall be held in the city hall, and at the discretion of the mayor and council, separate rooms may be provided for the white and colored. The manner of holding said election, a secret ballot, the provisions for voting booths, the hours of keeping the polls open shall in all respects be the same as the holding of an election for the members of the General Assembly in said county. Persons receiving the highest number of votes for the respective offices shall be declared elected. At the close of said polls, the managers shall count all votes, and shall return their tally of said votes, together with the list of qualified voters, list of those voting, and all ballots, properly sealed, to the mayor and council. If the results of any election held in said city is contested, notice of contest shall be filed with the city clerk within twenty-four hours after the managers have completed the counting of said votes, setting forth all the grounds of contest, and paying ten ($10.00) dollars in advance to the city clerk as costs. Within ten days thereafter, and after the mayor and council have given two days' notice to the contesting parties as to the time of hearing said contest, the mayor and council shall proceed to hear and determine all issues made by said contest, and their decision shall be final, except as the right of certiorari or quo warranto may apply. Elections. Section 37. Be it further enacted by the authority aforesaid, that all persons desiring to run for any elective office in said city, shall file a written statement with the city clerk, stating the office for which they are offering, at least by 12 o'clock noon, Eastern Standard Time of

Page 2762

the 15th day prior to said election, and if said fifteenth (15th) day should fall on Sunday, or other legal holiday, said statement shall be filed by noon of the following day. To determine the fifteenth (15th) day, the day alleged to be the 15th day shall be counted, but the day of the election shall not be counted. Prior to said election day, the city clerk, under the direction of the mayor, shall have printed or prepared a ballot to be used by the voters in said election, which ballot shall in all respects be a secret ballot without any identifying number or other writing on the part actually denoting the voter's choice. No write-in votes shall be permitted for any office where any duly qualified candidate has properly announced for said office and his name has been printed on the prepared ballot. Any error made by an elector in marking of his ballot, shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. The mayor and council may be ordinance provide that in the case of the election of members of council, all candidates for councilmen, shall be designate the councilman they seek to succeed, and the names of the candidates for the separate places to be filled shall be placed in separate brackets on the ballots. If such an ordinance is not enacted by the mayor and council, and two or more councilmen are to be elected from a group of candidates, then the ballot shall carry instructions as to the number of councilmen to be voted for, and any ballot which is not properly marked accordingly to said instructions, shall be void as to that part erroneously marked. Section 38. Be it further enacted by the authority aforesaid, that should the mayor or any councilman, wilfully fail and refuse to attend to his duties of office, or attend the meetings of the mayor and council, after due notice of the contemplated action, his office shall be declared vacant by the remaining members of the mayor and council, or council, and the vacancy filled as herein-before provided. Failure of officers to attend to duties.

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Section 39. Any person voting illegally at any election herein provided, or aiding and abetting any other person in voting illegally in such election, or shall falsely take the oath provided for in Section 36 hereof, shall be quilty of a misdemeanor, and punished accordingly. Illegal voting. Section 40. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to pass ordinances and regulations for the prevention of idleness and loitering within the city limits and to prescribe penalties for violation thereof. Idleness and loitering. Section 41. 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 shall have the power to enact and pass all laws and ordinances, rules and regulations, which they may consider necessary for the good government, peace, order, prosperity, comfort, health, and general welfare of the said city and the inhabitants thereof, 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. General powers. Section 42. Be it further enacted by the authority aforesaid, that all Acts of the General Assembly heretofore passed incorporating the City of Norcross, be and are hereby consolidated and superseded by this Act, and all Acts of the General Assembly inconsistent with or at variance with this Act are hereby expressly repealed, and all laws and parts of laws inconsistent herewith are hereby repealed. That all ordinances passed by the Mayor and Council of the City of Norcross under a former charter, or any amendment thereof which are now in force, and which are inconsistent with and at variance with this Act, be and are hereby expressly repealed, but all ordinances of said City of Norcross heretofore passed and now in force, which are not inconsistent with this Act are continued as ordinances of the said City of Norcross, in full force and effect until the same have been

Page 2764

repealed by ordinance or resolution of the mayor and council, as provided for in this Act. Section 43. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. State of Georgia. County of Gwinnett. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is the publisher and managing editor of the News-Herald, a newspaper published in said county and in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald on the following dates, to wit: December 18th, 1952; December 25, 1952, and January 1, 1953. /s/ Marvin A. Allison Sworn to and subscribed before me, this the 20th day of January, 1953. /s/ R. F. Duncan Notary Public for Gwinnett County, Ga. (Seal). Notice of Proposed Local Legislation. Notice is hereby given that at the January 1953 session of the General Assembly of Georgia, there will be introduced a bill to create a new charter for the City of Norcross, Georgia, by amending, revising, and consolidating

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an Act approved August 17, 1908, and amendments thereto; to define the name, style and corporate limits of said city; to define the powers and authority of said municipality; to provide for the election of mayor and councilmen and fix terms of office, their authority, powers, duties and salaries; to provide for the filling of vacancies; to provide for the hiring of city employees and fixing their salaries and duties; to provide for the registration of voters and the manner of holding city elections; to provide for police regulations and the enforcement thereof; to provide a police court and who shall preside therein; to provide for bonds and forfeitures; to provide for the raising of revenue by taxation, business licenses, bonds, etc.; to provide how public property belonging to said municipality may be sold; to provide for the granting of franchises by said municipality; to provide the manner for improving and working roads, streets and sidewalks, and the assessment of costs therefor; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said municipalities to enact zoning and building regulations; to provide regulations for the prevention of fires; to provide for water, gas, sewerage, and electric distribution systems for said municipality and surrounding territory; to provide that no valid or existing ordinances, rules or regulations of the present corporation, not inconsistent herewith, nor any contract or right made or acquired under the same shall be affected by this Act; and for other purposes. This December 16, 1952. Mayor and City Council of the City of Norcross. Approved February 27, 1953.

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WOODLAND CHARTER AMENDED. No. 315 (Senate Bill No. 94). An Act to amend the charter of the Town of Woodland, in the County of Talbot, to amend an Act approved July 30, 1908, by striking and repealing Section 8 of said Act as it appears on page 992 of said Acts of the General Assembly of 1908 and inserting in lieu thereof a new section to be known as Section 8 to provide for the assessment, levy and collection of ad valorem taxes upon real and personal property within the corporate limits of said town, to provide for the levy and collection of a license tax for business occupations, trades, professions and vocations; to provide and confer upon the Town of Woodland the right, power and authority to operate, own, and construct a gas distribution system both within and without the corporate limits of said municipality; to provide that the Town of Woodland shall have the power and authority to issue general obligation bonds; 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 charter of the Town of Woodland, found in the Acts of 1908, commencing on page 988 and ending on page 993 thereof, and in the Acts of 1916, beginning on page 1008 and ending on page 1009 thereof be, and the same is hereby amended as follows: Acts amended. Section 1. An Act incorporating the Town of Woodland, approved July 30, 1908, found in the Acts of 1908, pages 988 et seq., is amended by striking and repealing Section 8 of said Act, as it appears in page 992 of said Acts of 1908, and inserting in lieu thereof a new section, to be known as Section 8, as follows: Section 8. Be it enacted, that for the purpose of raising revenue for the support and maintenance of the government of the Town of Woodland and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy

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and collection of an ad valorem tax on all real and personal property, including money, notes and bonds, and other evidences of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding one and one-half of one per centum upon the value of said property; exclusive of the taxes for public schools as now authorized by law, and taxes for the purpose of paying the principal and interest of any bonds heretofore issued, or that may issue hereafter, and to provide a sinking fund for such purposes; and to provide a fund for the payment of the annual interest and principal on said bonds additional tax may be levied and collected. Provided, however, that the mayor and council of said municipality may provide for the retirement and liquidation of any bonded indebtedness of said municipality, 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 taxes. The said mayor and council shall have full power and authority to require any person, firm, company or corporation, whether a resident or non-resident of said municipality, who may engage in, carry on or prosecute any trade, business, calling, vocation or profession within the corporate limits of said municipality, if not in conflict with the laws of Georgia, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually; and to require such persons, firm, company or corporation to pay for said registration and to pay a license to prosecute, carry on or engage in such business, calling, trade, vocation or profession such amounts as the mayor and council may provide by ordinance. Said mayor and councilmen may provide by ordinances for the punishment and penalties for the failure or refusal of any person, firm, company or corporation to pay said license tax or to obtain a license for the same, who engage in or attempt to engage in such business, calling, trade, vocation or profession before paying such taxes or taking out and obtaining said

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license, or who fails to comply in full with all requirements of said ordinances made in reference thereto. Occupational taxes. Section 2. The Town of Woodland shall have the right, power and authority to construct, own, and operate a gas distribution system both within and without the corporate limits of said municipality, to purchase, distribute, transport, sell and furnish gas to customers located both within and without the corporate limits of said municipality, such customers to include persons, firms, corporations, or other municipal corporations, and to contract with and purchase gas from persons, firms, corporations, and other municipal corporations, and to accept franchise for said purposes granted by other municipalities to the Town of Woodland, and any franchises heretofore granted said municipality are hereby ratified and affirmed. Gas distribution system. The Town of Woodland shall have the right, power and authority to exercise police powers over the entire gas system, and shall have the right and authority to make rules and regulations governing the operation, maintenance, extensions and connections with any gas main within or without the corporate limits of said municipality and shall have the right and authority to fix rates for the sale and use of gas from its system, and to require all users of gas who connect with the gas mains within or without the corporate limits of said municipality to install proper meters and make connections in accordance with the ordinances, rules and regulations provided therefor, and shall have the right and authority to refuse to sell or furnish gas to any person, firm or corporation or municipal corporation who fails or refuses to comply with such ordinances, rules and regulations. Nothing contained herein shall be construed as granting to any person, firm or corporation or municipal corporation the right to require the Town of Woodland to furnish gas, and the Town of Woodland shall not be required so to do if in its discretion the same is not deemed desirable or feasible. Section 3. The Mayor and Council of the Town of

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Woodland shall have power and authority to issue bonds for and in the name of the Town of Woodland for any of the following purposes, to wit: for purchasing lands, buildings or other property needed for municipal purposes; erecting buildings; improving municipal property; purchasing equipment; purchasing municipal improvements; paying for property condemned and taken for public use; for construction, building, equipping and maintaining waterworks, water supply system, sewage system; gas systems and services, electric power plants and distributing systems; for laying water mains, gas mains and sewers; paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossing and public places in said municipality; for fire protection, fire fighting equipment and facilities; and for all public uses and purposes that may be needed for said municipality. Bonds. Before any bonds of said municipality shall be issued for any of the purposes herein set forth, the mayor and council shall by proper ordinances or resolutions 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 by resolution or ordinance call and provide for the holding of an election or elections on the subject, and for published notice thereof, as provided by the Constitution and laws of the State of Georgia. Section 4. In the event that any portion or part of this Act shall be held invalid, the whole of this Act shall not therefore become void, but only so much of the same as may be declared invalid by the highest appellate courts of this State or of the United States. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Section 6. Notice of intention to apply for the passage and approval of this Act has been published in the Talbotton New-Era, the newspaper in which the sheriff's

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advertisements of Talbot County are published, once a week for three weeks during a period of sixty days immedately preceding its introduction into the General Assembly. Attached hereto and made a part hereof is a copy of said notice, certified to by the author as provided by law. Affidavit of publication attached to enrolled copy. Approved February 27, 1953. QUITMAN COUNTY COMMISSIONERS. No. 316 (House Bill No. 193). An Act to create a Board of Commissioners of Roads and Revenues for the County of Quitman; to provide for an election, qualification and terms of office; to provide for powers and duties; to provide for compensation; to provide for filling vacancies; to provide for purchases; to provide for clerical help; to provide for procedure connected with said board; to provide for effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. There is hereby created a Board of Commissioners of Roads and Revenues for Quitman County to be composed of five members. Two of said members shall reside in the Georgetown Militia District, one shall reside in the Bumbleton Militia District, one in the Union Militia District, and one in the Morris Militia District. In the event a person is elected to serve a particular district and moves to another Militia District within the county, he will continue in office as a representative of the district from which he was elected until the expiration of the term of office for which he was elected. The members of said board shall be elected by the voters of the entire

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county but must be a resident of the militia district from which he offers for election. No person shall be eligible to run for membership on said board unless he shall have attained the age of twenty-one, has been a resident of the county for twelve months, and is qualified to vote for members of the General Assembly. The term of office of the members shall be two years. Board. Section 2. A majority of said commissioners shall be required to constitute a quorum for the transaction of business, and the board, when sitting for county purposes, shall have exclusive jurisdiction over the following subject matters: First, in governing and controlling all property of the county, as they may deem expedient according to law; second, in levying a general tax for general and a special tax for particular county purposes, according to the laws of this State; third, in establishing and changing election precincts and militia districts; fourth, in examining, auditing, settling and allowing all claims against the county; fifth, in examining and auditing the accounts of all officers having the care, management, keeping, collecting and disbursement of money belonging to the county or appropriated for its use and benefit, and bringing them to a settlement; sixth, in making such rules and regulations for the support of the poor of the county and promotion of health as are granted by law, or not inconsistent therewith; seventh, in altering, establishing, and abolishing roads, bridges and crossings, according to law. Powers. Section 3. The commissioners shall meet at such times as they may desire in order to transact the business of the board, and each commissioner shall be compensated in the amount of ten ($10.00) dollars per month. Meetings. Compensation. Section 4. The commissioners, before entering upon their duties, shall each give bond with solvent securities for five hundred ($500.00) dollars, payable to the Ordinary of Quitman County for the use of Quitman County, for the faithful performance of their duties and to secure the county for moneys ordered paid out and actually paid out not in compliance with the law. The premium on such bonds shall be paid by the county. Bond.

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Section 5. In the event of a vacancy on said board caused by death, resignation, or any other cause, the remaining members of said board are hereby empowered to select a member to fill said vacancy for the unexpired term, and such member so selected must reside in the same militia district where the vacancy occurred. Vacancies. Section 6. The commissioners shall elect a clerk who shall be a resident of the county and who shall not be a member of the board, and he shall receive four ($4.00) dollars per day for his services. It shall be his duty to keep accurate and detailed minutes of the meetings of the commissioners; to record and vote on all important orders passed; to countersign all warrants for payments of debts contracted by the county; to keep a cash book separate from the minute book; to keep a separate account in said cash book of the various funds for which taxes were levied and collected; to make entries in said book of all receipts and disbursements, showing for what purposes disbursed, and to whom paid. Said clerk shall take an oath to properly and legally perform his duties, to be administered by the chairman of the board, before the clerk shall enter upon his duties. The clerk shall hold his office at the pleasure of the board and may be discharged at any time by a majority of the members of the board. Clerk. Section 7. The members of the board shall, during their term of office, be exempted from road and jury duty. The board shall be required to render to the grand jury of the county at each regular term of the superior court a detailed statement of the financial affairs of the county, and a general report of their acts since their last report. Reports. Section 8. The board may purchase any materials, machinery or equipment upon a majority vote of the members thereof. Purchases. Section 9. The commissioners shall elect one of their number chairman who shall serve as such for the term he was elected, and the chairman shall sign all warrants

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drawn on county funds necessary for the proper performance of business of the county. Chairman. Section 10. Nothing contained in this Act shall be construed as shortening or lengthening the term of office of the commissioners serving at the time this Act becomes effective. The provisions of this Act, however, shall govern the commissioners serving at the time it becomes effective, as well as future commissioners. Section 11. This Act shall become null and void and no longer law on the last day of the next regular session of the General Assembly following the date this Act becomes law. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Georgia, Quitman County. Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia, a bill to provide that any county commissioner elected to represent any given district in said county, may serve the term to which he is duly elected to long as he remains a resident of Quitman County, to provide for a change in the compensation of the Commissioners of Quitman County, and to provide that purchases presently limited by the requisite of the signatures of all the commissioners may be valid with the signatures of a majority of the Commissioners of Quitman County. This, the 3rd day of December, 1952. Joe J. Hurst, Representative-Elect, Quitman County, Georgia. 12:11, 18, 25.

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Georgia, Fulton County: Personally appeared before me, the undersigned authority duly authorized to administer oaths, Joe J. Hurst, who, on oath, deposes and says that he is Representative from Quitman County, and that the attached copy of Notice of Intention to introduce Local Legislation was published in the Stewart-Webster Journal, which is the official organ of Quitman County, on the following dated: December 11th, 18th, 25th, 1952. /s/ Joe J. Hurst Representative, Quitman County. Sworn to and subscribed before me, this 20 day of January, 1953. /s/ Josephine M. McKibben Approved February 27, 1953. FULTON COUNTYGROUP INSURANCE OF EMPLOYEES. No. 317 (Senate Bill No. 106). An Act to amend an Act entitled an Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees and to contract therefor with any insurance company qualified to write any type of group insurance under the laws of Georgia, etc., and for other purposes, so as to provide for partial payments of the premiums by such county employees; to define the words county employees as used in this Act; to provide that the governing authority of Fulton County shall be authorized to provide rules and regulations regarding participation or enrollment of county employees in said plan or plans of said group insurance; to provide that all such policies of such group insurance shall be paid for jointly by the employees

Page 2775

and by Fulton County and that the employees' cost of such group life insurance is to be at the rate of seventy (70c) cents per month per thousand dollars with and excess above such amount to be paid by Fulton County; to provide that on all other forms of group insurance the commissioners of roads and revenues shall determine from time to time the portion of the premium which each employeee shall pay and any balance of the premium to be paid by Fulton County but not to exceed fifty (50%) percent of the premium for other forms of insurance; 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 entitled An Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular county employees and to contract therefor with any insurance company qualified to write any type of group insurance under the laws of Georgia, and for other purposes, is hereby amended as follows: Section 7. Sections 3 and 4 of said Act are stricken in their entirety and new sections numbered 3 and 4 are substituted therefor to read as follows: Section 3. The Commissioners of Roads and Revenues of Fulton County are hereby authorized to provide rules and regulations regarding participation or enrollment of county employees in said plan or plans of group insurance, and in the administration thereof, consistent with the specific provisions of this Act. Group insurance. Section 4. The premiums on all such policies of group insurance shall be paid jointly by the enrolled employees and by Fulton County, the cost to each such employee in any such group life insurance, to be at the rate of seventy (70c) cents per month per one thousand dollars of life insurance on such employee's life, with any premium in excess of such amount to be paid by Fulton County. For any form of group insurance other than group life insurance, the Commissioners of Roads and

Page 2776

Revenues of Fulton County may determine from time to time the portion of the premium which each employee shall pay, with any balance of the premium to be paid by Fulton County, provided such balance payable by Fulton County shall not exceed fifty (50%) of the gross premium for such forms of group insurance, other than life insurance. All premiums referred to in this section shall be gross premiums, and Fulton County shall be entitled to receive any dividends, premium reductions or premium refunds which may accrue and be payable under any and all forms of group insurance which may be purchased, the same to be credited to the county as a reduction to its portion of the premium cost. The employee's portion of the cost of all group insurance shall be deducted from their pay, and the county's portion of such cost shall be paid out of the county treasury, which payment by Fulton County shall be deemed made for services rendered to such county, and for the welfare and protection of such employees thereof. Premiums. The contribution to the cost of such group insurance by Fulton County shall not be deducted from the salary or compensation of the employee, as fixed by the Commissioners of Roads and Revenues of Fulton County, on any established classification or pay scale adopted for employees of Fulton County. Contributions. Section 2. The words County employees whenever appearing in this Act shall be deemed to include officers and employees of the Fulton County Department of Public Welfare whose salaries are paid in whole or in part out of the treasury of Fulton County, and who may receive part of their pay from the State or Federal funds. County employees. Section 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 4. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of

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the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Affidavit of publication attached to enrolled copy. Approved February 27, 1953. HEALTH REGULATIONS IN CERTAIN COUNTIES. No. 318 (Senate Bill No. 103). An Act to amend an Act approved March 20, 1943 (Ga. Laws 1943, pp. 371-385) as last amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 555 et seq.) which Act applies to counties having a population of 300,000 or more, according to the United States census of 1950 or any future United States census, which Act provides for the performance of health functions and the supplying of health services in municipalities of 300,000 or more located partly in such counties and partly in other counties and provides for the enforcement of rules and regulations promulgated by the board of health in such counties by criminal penalties, injunction and abatement of nuisances, and for other purposes; so as to provide that the rules, regulations or orders used by the board of health in such counties shall be enacted by the commissioners of roads and revenues or other governing authority; to provide that the violation of such rules or regulations or orders by any person, firm or corporation, on conviction thereof, shall be punished as for a misdemeanor, 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 March 20, 1943 (Ga. Laws 1943, pp.371-385) as last amended by an Act approved February 21,

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1951 (Ga. Laws 1951, p. 555 et seq.) which Act applies to counties having a population of 300,000 or more, according to the United States census of 1950 or any future United States census, which Act provides for the performance of health functions and the supplying of health services in municipalities of 300,000 or more located partly in such counties and partly in other counties and provides for the enforcement of rules and regulations promulgated by the board of health in such counties by criminal penalties, injunction and abatement of nuisances, and for other purposes, and is hereby amended as follows: Section 1. By adding the following language at the end of Section 24: Notwithstanding any language heretofore used in this section, the board of health in such counties shall not have authority to provide the rules, regulations or orders to carry out the purposes of this section, but shall use rules, regulations and orders adopted by the commissioners of roads and revenues or other governing authority of such counties and spread upon the minutes, where the legislature, pursuant to authority granted by a constitutional amendment, have delegated to the commissioners of roads and revenues or other governing authority of such counties which fall within the population class set forth herein, the authority to enact such rules, regulations and orders for the use of boards of health in such counties, so that said Section 24, when so amended shall reas as follows: Section 24. The provisions of this Act and all regulations, rules and orders of the county board of health lawfully issued, shall be subject to enforcement by the county board of health, or by the county or appropriate county authority or by the governing body of any municipality in any such county by injunction. This authority is cumulative and is not to be construed as curtailing any right to bring any proper action for the enforcement of the provisions of this Act and the regulations, rules and orders of the county board of health. Notwithstanding any language heretofore used in this section, the board of health in such counties shall not have authority to provide

Page 2779

the rules, regulations or orders to carry out the purposes of this session, but shall enforce rules, regulations and orders adopted by the commissioners of roads and revenues or other governing authority of such counties and spread upon the minutes, where the legislature, pursuant to authority granted by a constitutional amendment, have delegated to the commissioners of roads and revenues or other governing authority of such counties which fall within the population class set forth herein, the authority to enact such rules, regulations and orders for the use of boards of health in such counties. Rules and regulations. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 27, 1953. BLACKSHEAR CHARTER AMENDMENTS. No. 320 (House Bill No. 555). An Act to amend an Act to consolidate and revise the charter of the City of Blackshear, approved February 9, 1949, by providing additional regulations for the government of said municipal corporation, the election of officials in said City of Blackshear, and the registration of voters and revision of voters' lists therein. Be it enacted by the General Assembly of Georgia as follows: Section 1. All that shall be required of any person who is legally eligible in order to qualify as a candidate for mayor or aldermen of the City of Blackshear in any election to be held in the City of Blackshear for the election of such officers, or either of them, shall be to notify the Clerk of the City Council of Blackshear in writing of his candidacy at least thirty days prior to such election and pay such entrance fee, if any, as may be prescribed by said city council, provided, however, that the entrance

Page 2780

fee of a candidate for mayor shall not exceed $25.00, and the entrance fee of a candidate for alderman shall not exceed $10.00. Notice of candidacy, mayor or alderman. Section 2. No candidate for alderman shall be required to confine his candidacy to a particular place on city council or to designate the name of the holder of a place on said city council as the one he is seeking to fill, in qualifying as a candidate, or, in the event the election is to fill a vacancy on city council and such candidate is seeking to fill such vacancy, to name the last holder of the place which has become vacant. Section 3. No particular form of ballot shall be required for any election for mayor and aldermen, or either, except that the ballot shall list the candidates in alphabetical order, according to their surnames, separating the candidates for mayor from the candidates for aldermen, and listing each class in alphabetical order. Ballots Section 4. A certificate of election shall be furnished by the managers of the election to the candidate for mayor receiving the most votes. A similar certificate of election shall be furnished by said managers to each elected candidate for aldermen. In general elections, when there are six aldermen to be elected, the six candidates who receive the most votes shall be entitled to such certificates of election and the same shall be furnished by said managers. In any case where more than one but less than six aldermen are to be elected, the two or more candidates, according to the number of aldermen to be elected, receiving the most votes, shall be furnished with such certificates of election by said managers. Certificates of election. Section 5. In voting for aldermen in any election held in the City of Blackshear where there is more than one candidate to be elected, single shotting shall not be permitted. In other words, in such a case, unless the voter votes for as many candidates for aldermen as there are aldermen to be elected, his ballot shall not be counted for any candidate for aldermen. Single shotting.

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Section 6. No special election shall be held in said City of Blackshear without publishing notice thereof in a newspaper published in said City of Blackshear at least two times, the first publication to be at least thirty days prior to the time the said election is to be held. Special elections. Section 7. All tally sheets and voters' lists and other records, together with the ballots cast in any election, shall be delivered by the managers or holders of the election to the clerk of the city council and shall be safely and securely kept by him until the adjournment of the next regular term of the Superior Court of Pierce County and for fifteen days thereafter, except in cases of contests as hereinafter provided. If no contest, after said fifteen days, they may be disposed of as the city council may deem proper. Tally sheets, etc. Section 8. The registrars appointed by the said City Council of Blackshear shall be voters and freeholders of said city and shall have resided in said city for not less than one year prior to the time of their said appointment. Registrars. Section 9. The registration of citizens not already registered shall be made at least thirty days before any election is held in said City of Blackshear in a book kept by the clerk of the city council of said city for that purpose. The date of each registration shall be noted by said city clerk at the place where such registration is made and no registration shall be permitted during the said thirty day period before an election. Registration. Section 10. The registrars shall file a complete list of the voters in duplicate with the clerk of the city council not less than ten days before any election, and the said clerk shall deliver the original of said list to the election managers before the day of the election. Voters' lists. Section 12. No contract shall be entered into by the City Council of Blackshear for the continuance of the use of parking meters on any of the streets of said City of Blackshear for any period subsequent to the six months provided for in an existing contract without the question

Page 2782

of whether or not the use of such meters shall be so continued being submitted to the qualified voters of the City of Blackshear in a referendum election called by the said city council and held by managers regularly appointed for that purpose for the determination of such question. Unless a majority of the qualified voters voting in such election vote for a continuance of the use of such parking meters, no contract for their continued use shall be consummated by said city council. If the existing contract for parking meters on some of the streets of Blackshear does not bind the city to continue their use for six months, then said meters shall not be used longer than said city is legally obligated to use them. In the future, parking meters shall not be installed on any street in Blackshear until their use is authorized by a majority vote at an election held as herein provided. Notice of such election must be published at least thirty days before the same is held and as hereinbefore provided in this Act. Parking meters. Section 12. In the event any voter voting at said election held under the terms of this Act shall be dissatisfied with the result, he may file notice and contest the same. The notice must be filed with the clerk of the city council within ten days from the day said election is held. The grounds of such contest must be stated in such notice. No election held under this Act shall be defeated for noncompliance with the requirements of the law, if held at the proper time and place by persons qualified to hold it unless it is shown that, by such noncompliance, the result is different from what it would have been had there been proper compliance. If it should be shown on a contest that an election held under this Act was so tainted with fraud that it is not possible to ascertain the true result, then the election would not be a valid election and would have to be set aside. On the other hand, if the true result can be ascertained by eliminating the illegal votes, the election will be upheld. Such contest shall be heard and determined by the Judge of the Superior Court of Pierce County, except that any issue of fact shall be decided by a jury in the Superior Court of Pierce County under proper instructions from said judge. All papers and ballots

Page 2783

connected with said election to the Clerk of the Superior Court of Pierce County by the clerk of the city council within five days after notice of contest has been filed with the latter, subject to the order and control of the judge of said court. The provisions of Subparagraph 7 of section 34-2801 of the Code of Georgia in so far as applicable, except as otherwise herein provided, shall govern the hearing of said contest. Contest of election. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Pierce County. I, Dean Broome, do hereby certify that I am one of the editors and publishers of The Blackshear Times, a newspaper in Pierce County, Georgia, in which sheriff's advertisements for said county are published, and that there has been published in the issues of said newspaper in the issues for January 22, 1953, January 29, 1953, and February 5, 1953, notice reading as follows: Georgia, Pierce County. To The Citizens of Pierce County and To Whom It may Apply: Notice is hereby given that application will be made at the present session of the General Assembly of Georgia for the passage of a bill to amend an Act to consolidate and revise the charter of the City of Blackshear, approved February 9, 1949, by providing additional regulations for the government of said municipal corporation, the election of officials in said City of Blackshear, and the registration of voters and revision of voters' lists therein. This 21st day of January, 1953. O. W. Raulerson, Representative, Pierce County.
Page 2784

2/5 Blackshear, Georgia, this February 7, 1953. /s/ Dean Broome As one of the editors and publishers of The Blackshear Times. Approved February 27, 1953. FULTON COUNTYBOARD OF EDUCATION EMPLOYEES. No. 321 (Senate Bill No. 109). An Act to amend an Act approved February 2, 1945 (Ga. Laws 1945, p. 528 et seq.) as heretofore amended, which is an Act providing retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes; so to provide that any employee of the City of Atlanta who terminated his employment with the city during the year 1952 and who became employed by the Fulton County Board of Education as a teacher or an employee during said year made such change in his employment as a result of the operation of the Plan of Improvement and is entitled to receive credit with the Fulton County school pension plan for all years of service heretofore rendered to the City of Atlanta and to the Fulton County School Board; to provide that the appropriate pension board of the City of Atlanta cause to be paid from the pension fund to said Fulton County school pension fund all contributions and matching funds that it may hold to the credit of such employee; to provide that such employees who make the contributions required under the terms of the Act governing said Fulton County school pension plan shall be entitled to retirement at the same age and after the same number of years of service which would have been required had he continued as an employee of the City of Atlanta;

Page 2785

to provide that such employee shall be subject otherwise to all provisions of the Fulton County school pension plan; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved February 2, 1945 (Ga. Laws 1945, p. 528 et seq.), as heretofore amended, which said Act provides retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes, be further amended as follows: Section 1. It is hereby declared to be the legislative determination that each employee of the City of Atlanta who during the year 1952 terminated his employment for the purpose of becoming employed by the Fulton County Board of Education as a teacher or employee thereof, made such change in his employment as a result of the operation of the Plan of Improvement and is entitled to receive credit with the Fulton County School pension plan for all years of service heretofore rendered to the City of Atlanta and to the Fulton County School Board. Transfer from city service under Plan of Improvement. Section 2. It is hereby directed that the appropriate pension board of the City of Atlanta cause to be paid from the pension funds of said board to the pension board of Fulton County schools any and all contributions and matching funds that it may hold to the credit of such employee. Transfer of pension funds. Section 3. Be it further enacted that any such employee leaving the services of the City of Atlanta and becoming employed by the Fulton County Board of Education, and who shall make the contributions required under the terms of the Act governing such pension board, shall be entitled to retire at the same age and with the same number of years of service as would have been required had he continued as an employee of the City of Atlanta. Such employee shall be subject otherwise to all provisions of the Fulton County School pension fund. Retirement. Section 4. All laws and parts of laws in conflict herewith

Page 2786

be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 27, 1953. POLICE DEPARTMENT PENSIONS IN CERTAIN COUNTIES. No. 322 (Senate Bill No. 107). An Act to amend an Act approved March 16, 1939 (Ga. Laws 1939, pp. 278-285 inclusive) as amended (Ga. Laws 1951, pp. 549), which is an Act entitled An Act to provide that counties having a population of more than two hundred thousand (200,000) by the United States census of 1920 or any subsequent census, shall furnish aid and relief and pensions to regular members of the county police departments but not to supernumeraries in active service: and to future members and their dependents in specified cases, to provide that regular members of the county police departments who have served twenty-five (25) years may retire as a matter of right and how such members shall be paid upon such retirement; to provide that any director of public safety now or hereafter appointed in such counties shall be a member of the pension system created by said county pension law, with all rights and privileges for himself or his beneficiaries and subject to the same duties and responsibilities as other members:... and for other purposes, as heretofore amended, so as to provide that if the director of public safety of such counties elects to retire within thirty (30) days from date of approval of this amendment he shall be entitled to receive the same pension that he would have received had he retired with the same number of years of service as chief of police, said pension to be paid by the county treasurer out of the treasury of Fulton County, and to provide that such pension shall not be less than one hundred fifteen no/100 ($115.00) per

Page 2787

month, 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 above entitled Act appearing in Georgia Laws 1939, pages 278-285, inclusive, as heretofore amended, is further amended by adding at the end of Section 34, of said Act as amended (Ga. Laws 1951, p. 549) the following: Provided, should the director of public safety of such counties elect to retire within thirty (30) days from the date of approval of this amendment, he shall be entitled to receive the same pension that he would have received had he retired with the same number of years of service as chief of police, said pension to be paid by the county treasurer and out of the treasury of Fulton County, provided further that such pension shall not be less than one hundred fifteen and no/100 dollars ($115.00) per month. so that Section 34, when so amended, shall read as follows: Sec. 34, Act of 1939, amended. Section 34. In the event a county within the population class described in the title to this law should have a director of public safety, such director of public safety shall be a member of the pension system created by said county pension law, with all rights and privileges for himself and beneficiaries and subject to the same duties and responsibilities as other members; provided, should the director of public safety of such counties elect to retire within thirty (30) days from the date of approval of this amendment, he shall be entitled to receive the same pension that he would have received had he retired with the same number of years of service as chief of police, said pension to be paid by the county treasurer and out of the treasury of Fulton County, provided further that such pension shall not be less than one hundred fifteen and no/100 dollars ($115.00) per month. Director of public safety. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed.

Page 2788

Approved February 27, 1953. COBB COUNTY PLANNING COMMISSION. No. 323 (House Bill No. 506). An Act to amend an Act creating the Cobb County Planning Commission, approved January 29, 1943 (Ga. Laws 1943, p. 902), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1499); so as to provide for certiorari from the Board of Zoning Appeals of Cobb County; to remove from the jurisdiction of the Cobb County Planning Commission as established by the aforesaid Act all of Land Lots 659, 660 and 709 and designated portions of Land Lots 710, 731 and 732, all of such land lots lying and being in the 17th District, Second Section of Cobb County, Georgia, and to zone and re-zone same for the development and maintenance of a cemetery and a memorial park cemetery; to remove from the jurisdiction of the Cobb County Planning Commission as established by the aforesaid Act, designated portions of Land Lots 732 and 733, said land lots lying and being in the 17th District and 2nd Section of Cobb County, Georgia, and to zone and rezone same for commercial and residential purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the Cobb County Planning Commission, approved January 29, 1943 (Ga. Laws 1943, p. 902), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1499), is hereby amended by striking Section 12 (b), relating to an appeal to the superior court from a decision of the board of zoning appeals, and inserting in lieu thereof a new Section 12 (b) to read as follows:

Page 2789

Section 12 (b). The original applicants, or any person, or persons, severally or jointly, who own lands abutting the highway upon which is situated the parcel or tract of land zoned or rezoned within a radius of one mile thereof and within said zone aggrieved by any decision of the board of zoning appeals or any official charged with the enforcement of any order, requirement or decision of said board, shall have the right to a review of such decision within thirty (30) days from the date thereof by writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. Certiorari from decision of board of zoning appeals. Section 2. That there is hereby withdrawn from the jurisdiction of the Cobb County Planning Commission the following described tract and parcel of land located in the unincorporated areas of Cobb County: All of that tract or parcel of land lying in the 17th District, 2nd Section, Cobb County, Georgia, and consisting of: All of Land Lots 659, 660 and 709; all of the parts of Land Lots 710 and 731 that lie south and west of the four-lane highway, known as U. S. Highway No. 41 E; and all of that part of Land Lot 732 which lies south and west of said four-lane highway and north of a line beginning at the southeast corner of Land Lot 709 and running in a northeasterly direction approximately 850 feet to a point on the southwest line of said four-lane highway 250 feet northwest of the intersection of the New Smyrna Road and said four-lane highway. Said property being more particularly shown and delineated by a plat made by J. P. Phillips, surveyor, dated May 19, 1945 and said above described tract and parcel of land is hereby zoned and re-zoned by the authority aforesaid for the development and maintenance of a cemetery and a memorial park cemetery. Land withdrawn from jurisdiction. Section 3. That there is hereby withdrawn from the jurisdiction of the Cobb County Planning Commission the following described tract and parcel of land located in

Page 2790

the unincorporated areas of Cobb County: All of that tract or parcel of land lying in the 17th District 2nd Section, Cobb County, Georgia, and consisting of: Land withdrawn. The portions of Land Lots Nos. 732 and 733 of said district and section of said county lying northwest of Smyrna Road, in a uniform depth of 250 feet from such road, and said above described tract and parcel of land is hereby zoned and re-zoned by the authority aforesaid for commercial and residential purposes. Section 4. That Section 3 of the aforesaid Act approved January 29, 1943 (Ga. Laws 1943, p. 902 et seq.) be amended by striking the period at the end of the first sentence of said Section 3 and inserting in lieu thereof a comma, and adding after such comma the words except as otherwise provided in this Act or any amendments thereto, so that Section 3 of said Act so amended shall read as follows: Section 4. Said Cobb County Planning Commission may establish such areas or districts over the entire county lying outside the limits of incorporated towns and municipalities or it may establish such areas or districts in any part of said county outside such towns and municipalities, except as otherwise provided in this Act or any amendments thereto. It may proceed on its own motion or on the petition of any person or persons interested in having any such area or districts established. Area and districts. Section 5. That all laws and parts of laws in conflict with same be and are hereby repealed. Affidavit of Publisher. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher of the Cobb County Times, who deposes and says that the following and

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attached notice of intent to apply for passage of a local bill, providing for certiorari from Board of Zoning Appeals of Cobb County, and for other purposes, was published in the Cobb County Times in its editions of January 22, 29, and February 5, 1953. T-38 Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly a bill to provide for certiorari from Board of Zoning Appeals of Cobb County; and for other purposes. This 20th day of January, 1953. Harold S. Willingham, Representative, Cobb County. 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 the 6th day of February, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times. Subscribed to and sworn to before me, a Notary Public, this 6th day of February, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia Notary Public, Cobb County, Georgia My commission expires September 14, 1956. (Seal). Approved February 27, 1953.

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CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 337 (Senate Bill No. 110). An Act to amend an Act approved February 15, 1952 (Ga. Laws 1952, p. 2825 et seq.) which provides for a joint city-county board of tax assessors in all counties having within their borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States cenus, and for other purposes; to provide that the language `appeal board' shall mean the board of tax appeals and equalization, appearing as the last sentence of Section 1 of said Act be stricken; to provide that Sections 11, 12, 13, 14, 16, and 17 of said Act, which provide for a board of tax appeals and equalization, the organization, terms and manner of election be stricken in their entirety; to provide that the language, And the board of tax appeals and equalization appearing in Section 15 be stricken; to provide that any taxpayer dissatisfied with the action of joint city-county board of tax assessors may demand arbitration as provided in Chapter 92-69 of the Georgia Code of 1933 as amended; to provide the manner of payment of arbitrators and umpire; 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 February 15, 1952 (Ga. Laws 1952, p. 2825 et seq.) which provides for a joint city-county board of tax assessors in all counties having within their borders all or the greater part of the population of 300,000 or more, according to the 1950 or any future United States census, and for other purposes, is hereby amended as follows: Section 1. That Section 1 of said Act is amended by striking the langauge, `appeal board' shall mean the board of tax appeals and equalization, appearing as the last sentence of said section, so that said Section 1 when so amended shall read as follows: Sec. 1, Act of 1952 amended.

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Section 1. Definitions. These terms when used in this Act, shall have the following definitions unless a different meaning clearly appears from the context: Definitions. `City' shall mean the lrgest municipality located completely or in part in any county to which this Act shall be applicable. `County' shall mean any county in this State having within its boundaries all or the greater part of the population of a city or municipality with a population of 300,000 or more, according to the United States census of 1950 or any future United States census. `Commissioners' shall mean the commissioners of roads and revenues of any county to which this Act shall be applicable or the governing authority of any such county having no commissioners of roads and revenues. `Governing body' in the case of a city shall mean the mayor and council, or other governing body of the city. Section 2. Sections 11, 12, 13, 14, 16, and 17 of said Act, which provide for a board of tax appeals and equaliation, are hereby stricken in their entirety. Sections stricken. Section 3. That Section 15 of said Act is amended by striking the language and the board of tax appeals and equalization, appearing in said section, so that Section 15 when so amended will read as follows: Sec. 15 amended. Section 15. Funds required by the joint board of tax assessors shall be provided by the city and the county in the same ratio as the membership of the joint board of tax assessors, namely, 4/7th by the city and 3/7th by the county. The joint board of assessors shall, during the month of January of each year, submit to the governing authorities of the city and the county a budget, setting forth in detail anticipated expenses of the board during the year and the governing authorities of the county and the city shall appropriate sufficient funds to meet these requirements. The budget shall be subject to approval by

Page 2794

the governing authorities of the city and the county. Funds. Section 4. Any taxpayer dissatisfied with the action of the joint city-county board of tax assessors shall have the right to demand arbitration as provided in Chapter 92-69 of the Georgia Code of 1933 as amended. Arbitration. Section 5. The expense of the arbitration proceedings in respect to compensation for the arbitrators and umpire shall be divided as follows: The taxpayer shall be responsible for the compensation of the arbitrator selected by him. The arbitrator selected by the joint city-county board of tax assessors shall be paid as a part of the operation of said board as provided in the case of other expenses. The umpire selected by the two arbitrators shall be paid fifty percent by the taxpayer and fifty percent by said board as provided in the case of other expenses. Expenses of arbitration. Section 6. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 2, 1953. AMERICUSTAX RATE. No. 338 (House Bill No. 596). 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, and especially an Act approved August 20, 1923, as amended March 24, 1941, February 5, 1951, and February 12, 1952, 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 authorize the Mayor and City Council of Americus to allocate the amount fixed for certain specified purposes,

Page 2795

and for 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 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, February 17, 1949, February 8, 1950, February 5, 1951, and February 12, 1952, 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, and for other purposes be and the same is hereby amended as follows: By striking that part of Paragraph 1 of Section 1 of said Act, as amended, and designated as Subparagraphs a, b and c of said Paragraph 1 of Section 1 and which read as follows: (a) To defray the ordinary annual expense of the city government, a tax not to exceed five and four-tenths (5.4) mills on each dollar of the value of property taxable in said city; (b) To maintain a system of public schools, as now established by law, a tax not to exceed six and 75/1000ths (6.075) mills on each dollar of the value of property taxable in said city; (c) To pay all indebtedness of said City of Americus and of the Mayor and City Council of Americus, on all bonds now issued and outstanding, or hereafter to be issued, including both principal and interest thereon a tax not to exceed two and 25/1000ths (2.025) mills on each dollar of the value of the property taxable in said city.

Page 2796

And inserting in lieu thereof the following: That the Mayor and City Council of Americus be, and it is hereby authorized, to allocate the ad valorem tax of thirteen and one-half (13) mills to the following purposes, (allocating to each purpose the proportionate amount of the total millage fixed, which it may deem necessary for each purpose, to wit: (a) To defray the ordinary annual expense of the city government. Ad valorem tax. (b) To maintain a system of public schools as now established by law. (c) To pay all indebtedness of said City of Americus and of the Mayor and City Council of Americus, on all bonds now issued and outstanding, or hereafter to be issued, including both principal and interest thereon. Section 2. Be it further enacted by the authority aforesaid, notwithstanding any provisions to the contrary, it is hereby declared that the ad valorem tax of thirteen and one half (13) mills shall remain the maximum millage allowed by law. 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, 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 editor and publisher of the Americus-Times Recorder, the newspaper in which the sheriff's advertisements for 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 a local bill was published in the issues of

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said newspaper on the following dates: January 22nd, 1953; January 29, 1953 and February 5th, 1953. Deponent further says that the attached clipping was taken from the issue of said newspaper for February 5th, 1953. /s/ James R. Blair Sworn to and subscribed before me, this February 5th, 1953. /s/ Ann W. Sheffield Notary Public, Sumter County, Ga. (Notarial Seal Affixed). Legal Ads. Legal No. 4306. Notice of Intention to Introduce Local Bill in the January, 1953, 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 the 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, February 8, 1950, February 5, 1951, and February 12, 1952, 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 authorize the Mayor and City Council of Americus to allocate the amount fixed for certain specified purposes, and for other purposes. This December 19, 1952.

Page 2798

The Mayor and City Council of Americus, By: H. B. Williams, City Attorney. Approved March 2, 1953. ATLANTA CHARTER AMENDMENTS. No. 339 (Senate Bill No. 136). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled 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. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. That said charter, as amended by the Act approved February 15, 1952 (Ga. Laws 1952, p. 2635) be amended by striking the following provisions from Section 8 thereof: and shall serve on no standing committee of the board of aldermen and substituting in lieu thereof the following: and shall serve on such standing

Page 2799

committees of the board of aldermen to which he may be appointed by the Mayor., so that said Section 8, when amended, shall read as follows: Sec. 8, Act of 1952, amended. Section 8. There is hereby created the office of president of the board of aldermen, who shall be elected at the same time and in the same manner as the mayor, for a term of four years or until his successor has been duly elected and qualified. He shall be the presiding officer of the board of aldermen and as such shall have no vote on any question except in case of a tie, and shall serve on such standing committees of the board of aldermen to which he may be appointed by the mayor. As presiding officer of that board, he shall have all the powers heretofore conferred upon the mayor pro tem. by this charter, as amended, except as herein limited. He shall receive the sum of $300.00 per month. In the event of a vacancy in the office of mayor, he shall serve for the unexpired term of that office and shall receive the compensation for the mayor. President of board of aldermen. Section 3. The Mayor and General Council of the City of Atlanta shall have full power and authority, through its Park Department or otherwise if so provided by ordinance, to develop for park or recreational purposes land adjacent to the banks of Peachtree Creek which is now owned by the City of Atlanta or which may be dedicated or otherwise acquired by it for such purposes; to solicit and accept grants of land adjacent to the banks of Peachtree Creek and use the same for such purposes; and to build small dams on Peachtree Creek to develop pools or ponds, and to stock Peachtree Creek with fish. Peachtree Creek. Section 4. Any pollution of Peachtree Creek by the introduction therein of any deleterious substances such as sewage of any kind whatsoever, chemicals, excrement or waste materials of any kind, brush, logs or other deleterious matter or things shall constitute a nuisance. Any such nuisance may be abated by the City of Atlanta in any manner provided by law. Pollution of creek.

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Section 5. That all laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. FULTON COUNTY BOARD OF EDUCATION. No. 340 (Senate Bill No. 130). An Act to require the Commissioners of Roads and Revenues of Fulton County to supplement the funds of the county board of education from any funds in the treasury of said county derived from sources other than taxation, to provide the method by which the said funds shall be handled, and the purposes for which they shall be expended; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Commissioners of Roads and Revenues of Fulton County are hereby directed to pay over to the board of education of such county, upon the request of said board of education, out of any funds in the treasury of said county, which shall have been derived from any source other than from taxation, the following sums, such funds when paid to the county board of education to become a part of the county school fund to be used by the board of education for the educational purposes of the county: Payments by commissioners to board. (1) During the fiscal year ending June 30, 1953, the sum of two hundred seventy thousand and no/100 ($270,000.00) dollars, payable in equal monthly installments on or before the last day of each month from the month including the date of approval of this Act until the end of said fiscal year.

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(2) During the fiscal year beginning July 1, 1953 and ending June 30, 1954 the sum of one hundred forty thousand and no/100 ($140,000.00) dollars, payable as requested by the Fulton County Board of Education. Section 2. The sums herein directed to be paid by said commissioners are in addition to payments heretofore directed by the laws and Constitution of this State. Section 3. It is hereby declared that compliance has been made with all provisions of the Constitution of Georgia relating to notice of intention, by publication of the following notice as stated in the following affidavit: Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 341 (Senate Bill No. 79). An Act to amend an Act entitled An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties; to provide for the expenses of said boards to be paid by the county and the city; to provide that this Act shall not extend to property which under the general laws of the State must be returned to the State Revenue Commissioner; to require the county to furnish necessary office space; to repeal conflicting laws, and for other purposes, to provide that the legal representation

Page 2802

of the joint city-county board of tax assessors shall be by the city attorney and the county attorney and their assistant attorneys, respectively; to provide for the purchase of supplies; to provide for the valuation of property for tax purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the said Act, described in the caption hereof, be and the same is hereby amended by adding thereto the following provisions: Section 1. The attorney for the city and his assistant attorneys shall represent the joint city-county board of tax assessors created by this Act in all the legal business of said board with reference to the interests of the city therein. The attorney for the county and his assistant attorneys shall represent the joint city-county board of tax assessors created by this Act in all the legal business of said board with reference to the interests of the county therein. The city and county attorneys and their respective assistants shall represent said board jointly in all legal proceedings regarding the assessment of property and in any other proceedings in which the board of any member thereof is involved in his official capacity as tax assessor. Said attorneys and their assistants shall prepare, when requested to do so, any documents required by said board and shall furnish written opinions upon subjects submitted by the board or the members thereof. Legal representation. Section 2. The joint city-county board of tax assessors shall have the privilege of buying any necessary supplies or equipment through the purchasing agent of the city or the county, which may be most convenient to them. Supplies. Section 3. The joint city-county board of tax assessors, in assessing property for taxation, shall value same as required by the provisions of Section 92-5701 and 92-5702, relating to the valuation of property for taxation. Valuation of property. Section 4. All laws and parts of laws in conflict herewith

Page 2803

with are hereby repealed. Approved March 2, 1953. JUDGES AND SOLICITORS, FULTON CIVIL, CRIMINAL AND JUVENILE COURTSRETIREMENT. No. 342 (Senate Bill No. 101). An Act to amend an Act approved January 31, 1946 (Ga. Laws 1946, p. 299 et seq.) which said Act provides for retirement of Judges and Solicitors-General of Fulton County Civil, Criminal and Juvenile Courts, and for other purposes; so as to provide that any judge or solicitor-general now in office or hereafter elected who desires to participate in the judges and solicitor-generals' retirement fund to Fulton County shall be required to elect to qualify within sixty (60) days after the date of the approval of this Act in the cases of judges or solicitors-general now in office or within sixty (60) days of the date the judges and solicitors-general hereafter elected qualify for their respective offices: to provide for judges' and solicitors-generals' contribution to retirement fund; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved January 31, 1946 (Ga. Laws 1946, p. 299 et seq.) which said Act provides for retirement of Judges and Solicitors-General of Fulton County Civil, Criminal and Juvenile Courts, and for other purposes, be amended as follows: Section 1. Section 4 of said Act be and the same is hereby amended by striking said Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Sec. 4, Act of 1946, amended.

Page 2804

Section 4. It is hereby enacted that all judges and solicitors-general who have heretofore qualified as members of the judges and solicitor-generals' retirement fund of Fulton County as provided herein and are now in office shall continue as members of said retirement fund and are subject to all its benefits and obligations. Be it further enacted that all judges and solicitors-general aforesaid now in office who shall elect to qualify for retirement under this Act, and who have not hitherto elected to qualify for such retirement shall, within sixty (60) days from the approval of this Act, make such election. After election to participate, such judge or solicitor-general shall commence paying into said retirement fund five (5%) per centum of the salary paid to such judge or solicitor-general by Fulton County (said five (5%) per centum of salary aforesaid to be deducted from the monthly salary as paid to said judge and/or said solicitor-general. These sums as deducted shall be deposited by the trustees through their treasurer and through the county treasurer into the retirement fund hereinbefore provided.) In addition thereto, said judge or solicitor-general shall pay into said retirement fund an amount equal to five (5%) per centum of his or her salary from January 31, 1946, the date of passage of the original Act, or in the cases of judges or solicitors-general not then in office, from the time of qualifying for their respective offices, plus three (3%) per centum per annum on the payments provided for in this Act from the date upon which the judge or solicitor-general first became eligible to qualify under said Act, and upon making such payments, he, she or they shall be qualified to retire upon the terms hereof. Any sum, principal and interest, so due to the judges and solicitor-generals' retirement fund of Fulton County in order to qualify such judge or solicitor-general shall be paid in full during the present term of office of such judge or solicitor-general. Any judge or solicitor-general not now in office but who qualifies as judge or solicitor-general after the date of approval of this Act shall have the right to elect to qualify for retirement under this Act, provided that he makes such election within sixty (60) days from the date of his qualification; then and in that event such judge or solicitor-general

Page 2805

shall commence paying into such retirement fund the percentage of his salary as provided in this Act. Qualification. Section 2. Section 5 of said Act is hereby stricken in its entirety and a new section to be designated as Section 5 is substituted in lieu thereof and shall read as follows: Sec. 5 amended. Section 5. Thereafter, any judge or solicitor-general aforesaid who has qualified under the provisions of this Act and who shall make payment of five (5%) per centum of his salary monthly to the date of his retirement in the manner provided in Section 4 of this Act shall be eligible to retire under the terms of this Act, and upon retiring shall be paid a monthly sum equal to one-half () of the salary received by such retiring judge or solicitor-general at the time of such retirement, said one-half () salary to be paid for and during his life and said payments to be made on the first of each month by the trustees through their treasurer from the judges and solicitor-generals' retirement fund of Fulton County as created by this Act. Retirement. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. MARION TAX COMMISSIONER. No. 344 (Senate Bill No. 141). An Act to amend an Act entitled An Act to consolidate the office of Tax Receiver and Tax Collector in the County of Marion, to fix the compensation for the officer performing the duties of said office when so consolidated, and for other purposes, approved August 11, 1925 (Ga. Laws 1925, p. 702), as amended by an

Page 2806

Act approved January 30, 1945 (Ga. Laws 1945, p. 526), so as to increase the compensation of the Tax Commissioner of Marion County; to change the amount of the bond; to change the method of compensation of the clerk of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to consolidate the office of Tax Receiver and Tax Collector in the County of Marion, to fix the compensation for the officer performing the duties of said office when so consolidated, and for other purposes, approved August 11, 1925 (Ga. Laws 1925, p. 702), as amended by an Act approved January 30, 1945 (Ga. Laws 1945, p. 526), is hereby amended by striking from Section 2 the words and figures fifteen hundred ($1,500.00) dollars and inserting in lieu thereof the words and figures twenty-seven hundred ($2,700.00) dollars, so that Section 2 when so amended shall read as follows: Sec. 2. Be it further enacted by the authority of the same, that said tax commissioner as aforesaid shall perform all the duties which are now performed by the Tax Receiver and Tax Collector of Marion County and shall receive as compensation therefor the sum of twenty-seven hundred ($2,700.00) dollars per annum, the same to be paid in monthly installments, and the County Commissioners of Roads and Revenues of Marion County are hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. Compensation. Section 2. Said Act as amended is further amended by striking from the last paragraph of Section 4 the words and manner now provided by law for tax collector and inserting in lieu thereof the words and figures of fifteen thousand ($15,000.00) dollars so that said last paragraph of Section 4 when so amended shall read as follows:

Page 2807

Said tax commissioner shall give bond and security in the sum of fifteen thousand ($15,000.00) dollars; the security on said bond to be a reliable bonding company; which said bond shall be filed and approved before said tax commissioner enters upon the discharge of his duties. Bond. Section 3. Said Act as amended is further amended by striking in its entirety Section 2 of the said amendatory Act of 1945, which sections reads as follows: Section 2. The Tax Commissioner of Marion County shall be, and he is hereby authorized to employ a competent person as clerk, and such clerk shall perform such duties as may be assigned by the Tax Commissioner of Marion County. The compensation of such clerk shall be fifty ($50.00) dollars per month, and said compensation shall be paid by the proper authorities of Marion County. The tax commissioner may require such clerk to make a good and sufficient bond, not to exceed five thousand ($5,000.00) dollars, to faithfully account for monies received, and for the faithful performance of duties assigned by the tax commissioner. The salary herein provided shall be paid only in the months in which such clerk is actually employed, and the tax commissioner shall have the right to determine when the services of such clerk are needed. Section 4. Said Act as amended is further amended by adding a new section thereto to be numbered Section 4A to read as follows: Section 4A. The Tax Commissioner of Marion County is hereby authorized to employ a competent person as clerk and such clerk shall perform such duties as may be assigned to him by the tax commissioner. The compensation of the clerk shall be fixed by the tax commissioner and paid by him out of the compensation he receives as tax commissioner. The tax commissioner may require such clerk to make a good and sufficient bond, not to exceed five thousand ($5,000.00) dollars, to faithfully account for monies received, and for faithful

Page 2808

performance of duties assigned by the tax commissioner. Clerk. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. TAYLOR COMMISSIONERS' COMPENSATION. No. 346 (Senate Bill No. 124). An Act to amend an Act entitled An Act to create and establish a Board of Commissioners of Roads and Revenues for the County of Taylor, elect their successors in office, and for other purposes, approved December 15, 1897 (Ga. Laws 1897, p. 401), as amended; to change the amount of compensation for members of the board of county commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 10 of an Act entitled An Act to create and establish a Board of Commissioners of Roads and Revenues for the County of Taylor, elect their successors in office, and for other purposes, approved December 15, 1897 (Ga. Laws 1897, p. 401), as amended, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Section 10, which shall read as follows: Section 10. Each member of the board of county commissioners shall receive for his services a sum of six hundred dollars ($600.00) per annum. The clerk and members of said board shall be paid in equal monthly

Page 2809

installments, and they shall be paid by the treasurer of said county upon an order signed by the chairman and countersigned by the clerk of said board, but such order shall be drawn only upon a majority vote of said board and shall be duly recorded upon the minutes thereof. Compensation. Section 2. This Act shall become effective on the first day of the month following the month in which this Act becomes a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. FULTON COUNTYCOLLECTION OF CITY OF ATLANTA TAXES. No. 347 (Senate Bill No. 100). An Act to amend an Act approved February 21, 1951 (Ga. Laws 1951, p. 3087, et seq.) which is an Act requiring the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County, and for other purposes; to provide that Section 1 of said Act be amended to include property subject to taxation for Fulton County school districts purposes; to provide for striking the language made on or before November 15 of any year appearing in Section 3 of said Act; to provide that Section 5 of said Act shall be amended to include Fulton County school districts taxes on the single tax bill; to provide that Section 6 shall be amended so as to require the payment of Fulton County school districts taxes in installments; to provide that Section 7 of said Act be amended to

Page 2810

provide for the apportionment of taxes to include Fulton County school districts taxes; to provide what taxes are to be collected by the Tax Collector or Tax Commissioner of Fulton County; to provide that any tax due the State, Fulton County, Fulton County school districts, or the City of Atlanta and uncollected on November 30 of any tax year shall be subject to the issuance of execution for State, Fulton County and Fulton County school districts taxes as provided by law and in the case of City of Atlanta taxes shall be subject to issuance of execution as provided by law; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act approved February 21, 1951 (Ga. Laws 1951, p. 3087 et seq.) which is an Act requiring the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County, and for other purposes, is hereby amended as follows: Section 1. Section 1 of the said Act is amended by inserting the words Fulton County school districts between the words Fulton County and the word and appearing in the eighth line of said section, so that said section when so amended shall read as follows: Sec. 1, Act of 1951, amended. Section 1. The Tax Receiver or Tax Commissioner of Fulton County shall receive all tax returns for the City of Atlanta of all taxable property in that portion of the City of Atlanta lying and being situated in Fulton County. It shall be the duty of such officer to prepare consolidated tax return forms providing for the return of all such property for taxation by the State of Georgia, Fulton County, Fulton County school districts, and the City of Atlanta, and to cause such consolidated return forms to be used for the return of such property. Returns. Section 2. Section 3 of said Act is amended by striking the language made on or before November 15 of any

Page 2811

year appearing in lines seven and eight of said section so that the said Section 3 when so amended will read as follows: Section 3. The Tax Collector or Tax Commissioner of Fulton County shall bill for all taxes, including ad valorem and sanitary taxes, due to the City of Atlanta on property in Fulton County and street taxes due to said city from residents of said county. He shall also receive all payments of such taxes, including interest thereon. As compensation for such services and for the services of the tax receiver or tax commissioner in receiving returns from the City of Atlanta, the Tax Collector or Tax Commissioner of Fulton County shall retain an amount equal to the cost of rendering all of the services provided in this Act, but not more than one per centum of all sums collected for the City of Atlanta. The amount so retained shall be paid into and become a part of the general funds of Fulton County. Collection. Compensation. Section 3. Section 5 of said Act is amended by inserting the language Fulton County school districts between the words, Fulton County and the word, and appearing in line 3 of said section so that said Section 5 when so amended will read as follows: Sec. 5 amended. Section 5. All such taxes due to the State of Georgia on taxable property within Fulton County, and all taxes due to Fulton County, Fulton County school districts, and to the City of Atlanta shall be shown on a single tax bill, a copy of which shall be mailed to the person subject to such taxes at the last address entered on the records of the Tax Receiver or Tax Commissioner of Fulton County. Bills. Section 4. Section 6 of said Act is amended by inserting the words, Fulton County School Districts between the words Fulton County and the word, and appearing in line 3 of said section so that said Section 6 when so amended will read as follows: Sec. 6 amended. Section 6. All taxes due to the State of Georgia on

Page 2812

taxable property in Fulton County and all taxes due to Fulton County, Fulton County school districts and to the City of Atlanta may be paid in three equal installments. At least one-third of the total amount thereof shall be paid between July 1 and August 1; one-half of the remainder shall be paid between September 1 and October 1; and the balance shall be paid between November 1 and December 1. Any installment not paid in full by the last day in such installment period shall, notwithstanding any existing law, be in default and shall bear the interest and penalties now or hereafter provided by law for taxes which are delinquent or in default. Installment payments. Section 5. Section 7 of said Act is amended by inserting the words, Fulton County school districts between the words Fulton County and the word, and appearing in line 4 of said section so that said Section 7 when so amended will read as follows: Sec. 7 amended. Section 7. All payments or partial payments of taxes, or installments thereof, shall be apportioned by the Tax Collector or Tax Commissioner of Fulton County among the State of Georgia, Fulton County, Fulton County school districts, and the City of Atlanta in the same proportions that the taxes due each shall bear to the whole tax bill. Apportionment of payments. Section 6. Section 13 of said Act is amended by striking in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. The taxes referred to herein to be collected by the Tax Collector or Tax Commissioner of Fulton County shall mean the ad valorem, sanitary taxes and street taxes shown to be due on the returns filed by the taxpayer as corrected by the joint city-county board of tax assessors and on assessments made by said joint board. Section 7. There is hereby enacted a new section to be numbered 13(2), which shall read as follows:

Page 2813

Section 13(2). Any tax due the State, Fulton County, Fulton County school districts, or the City of Atlanta, uncollected on November 30 of any tax year shall be subject to execution respectively for State, Fulton County, Fulton County school districts, and the City of Atlanta, as provided by law. Executions. Section 8. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 9. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. FULTON CIVIL SERVICE SYSTEM. No. 349 (Senate Bill No. 108). An Act to amend the Act of 1943 (Ga. Laws 1943, p. 971, as amended Acts 1945, p. 850 et seq.) approved March 6, 1945, which said Act is an Act to create a civil service board in Fulton County, and for other purposes; so as to provide that the members of the civil service board shall be paid at the rate of fifteen ($15.00) dollars per diem for the time actually devoted to the board. But no member shall be paid for more than thirty-six (36) days of service in any one year; To provide that the personal secretary and special bailiff or law clerk of the judges of the Superior and Criminal Courts of Fulton County shall not

Page 2814

be in the classified service except in the discretion of the judge of such court; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act of 1943 (Ga. Laws 1943, p. 971, as amended Acts 1945, p. 850 et seq.) approved March 6, 1945 which said Act is an Act to create a civil service board in Fulton County, and for other purposes, is hereby amended as follows: Section 1. Section 3 of said Act is amended in 1945 (Ga. Laws 1945, p. 850 et seq.) is hereby amended by striking the words and figures, thirty-six (36) days of service for the first year after the effective date of this Act, and thereafter not more than fifty-two (52) days of service, appearing in lines 4, 5, 6 and 7 of said Section 3, and substituting in lieu thereof the following words and figures: thirty-six (36) days of service in any one year, so that said Section 3 when so amended shall read as follows: Sec. 3, Act of 1945, amended. Section 3. The members of the board shall be paid at the rate of fifteen ($15.00) dollars per diem for the time actually devoted to the business of the board but no member shall be paid for more than thirty-six (36) days of service in any one year. Compensation of board members. Section 2. The personal secretary and special bailiff or law clerk of each judge of the Superior and Criminal Courts of Fulton County, not to exceed two employees for each such judge, shall be in the unclassified service on the date of the approval of this Act: provided, however, any judge of any of the aforesaid courts, may, within his own discretion, by notifying the civil service board or its secretary, within 60 days from the passage of this Act bring either one or both of such employees within the classified service, at which time such employees shall automatically come under the provisions of this Act as though they had been originally included in the classified service in the original Act as amended. This shall be the only procedure for bringing such employees

Page 2815

within the classified service. Special bailiffs, law clerks, Fulton Superior and Criminal Courts. Section 3. All laws and parts of laws in conflict here-with be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. BUDGET IN CERTAIN COUNTIES. No. 350 (Senate Bill No. 131). An Act to repeal an Act entitled An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word `authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes approved March 16, 1939, appearing in Georgia Laws 1939, pp. 272-276, and all Acts amendatory thereto; to define the terms, `authorities' and `budget officer' and `budget commission' as used in this Act; to provide that this Act shall apply to all counties in this State having a population of 300,000 or more, according to the United States census of 1950, or any future Federal census; to provide for the preparation of the budget by the budget commission and the content of said budget and the methods of arriving at the estimates; to prescribe methods of computing anticipated revenue; to provide priority of appropriations; to provide for publication and submission of the budget to the authorities; to require not less than one public hearing; to prescribe procedures whereby the authorities may revise, increase or decrease, items, etc.; to require publication and final adoption; to set forth the duties, powers and limitations of the same of the authorities as to the budget and the responsibilities

Page 2816

and liabilities of the authorities with respect to the budget; to provide that salaries may not be increased after the adoption of the budget; 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. An Act entitled An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census of 1930, or by any future census; to define the word `authorities' as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted... and for other purposes approved March 16, 1939, appearing in Georgia Laws 1939, pp. 272-276, and all Acts amendatory thereto be and the same is hereby repealed. Act of 1939 repealed. Section 2. Definitions. These terms, when used in this Act shall have the following definitions: (a) Authorities shall mean any person, persons, or board having charge of the fiscal affairs of the county, the board of county commissioners of roads and revenues in counties to which the Act applies having that form of government, and shall mean the ordinary in all other counties to which the Act applies. Authorities. (b) Budget officer shall mean the county manager in counties where such chief executive officer is provided by law; in other counties to which this Act applies budget officer shall refer to the person designated by the authorities to act in such capacity. Budget officer. (c) Budget commission as provided in this Act shall mean the chairman of the board of county commissioners of roads and revenues in counties to which the Act applies having that form of government, and shall mean the ordinary in all other counties to which the Act applies, and the county treasurer in counties to which the Act applies having a county treasurer, and

Page 2817

the budget officer as referred to in Section 2 (b) of this Act. Budget commission. Section 3. This Act shall apply to all counties in this State having a population of three hundred thousand or more, according to the United States census of 1950, or any future Federal census. Counties where applicable. Section 4. The fiscal year of the county shall begin on the first day of January and continue through the thirty-first day of December. On the third Wednesday of November at a public meeting called for said purpose by the authorities, the budget officer shall submit to the authorities a budget certified by the budget commission containing the financial plan for the conduct of the affairs of the county for the ensuing fiscal year. The budget shall be accompanied by an explanatory message in detail and may include recommendations as to capital projects to be undertaken by the authorities within the ensuing fiscal year and within the five succeeding years. Submission of budget. In the preparation of the budget, the budget commission through the budget officer or an officer designated by him shall, at such date as he shall determine, obtain from the head of each office, department or agency, estimates of revenue and expenditures of that office, department or agency, detailed by organization units and character and object of expenditure and such other supporting data as he may request; together with an estimate of all capital projects pending or which such department head believes should be undertaken (a) within the next fiscal year, and (b) within the five next succeeding years. The budget commission shall review the estimates, may hold hearings thereon and may revise the estimates, as they may deem advisable, and shall approve the budget, explanatory message, and recommendations before submission to the authorities by the budget officer. Section 5. The budget shall provide a complete financial plan for the ensuing fiscal year and shall include, but not be limited to, (a) detailed estimate of all anticipated

Page 2818

revenue applicable to proposed expenditures, (b) proposed expenditures with enumeration of debt service requirements, appropriations required by statute and other purposes, and (c) comparative data on the last completed fiscal year and actual and estimated data for current fiscal year. Financial plan. Section 6. The budget commission shall include in its anticipation for the next fiscal year a sum not to exceed the actual revenue collected by the county from all sources during the period from January 1st to November 1st of the current year and the estimated revenue for the remainder of the current year, provided that there may be added to such anticipations a sum equal to not more than eighty-five (85%) percent of all tax executions on real estate and fifty (50%) percent on tax executions on personal property not more than three years old and choses in action owned by the county and certified by the tax collector or tax commissioner of such county as the case may be, as being solvent and collectiable. Actual revenue shall include income of a recurring nature but shall not include the proceeds from the sale of real estate or from insurance thereon, nor shall actual revenue include any surplus or unencumbered or unappropriated cash balances carried forward from one fiscal year to the next. However, in the preparation of the budget there shall be added to the anticipated revenues th amount anticipated as being available the next fiscal year from surplus, unencumbered or unappropriated funds but when the actual amount of funds aforementioned is known, the budget shall be adjusted accordingly. Computation of anticipated revenue. Section 7. The first appropriation shall provide funds sufficient to cover the debt service and cost of financing debt service in full, including interest and the sinking fund requirements of any outstanding indebtedness, which funds shall not be diverted to any other purpose. The limitation on the authorities of the amount to be appropriate for public works and other purposes defined in an Act relating to county road system in certain counties approved February 21, 1951 (Ga. Laws 1951,

Page 2819

p. 765 et seq.) shall continue in full force and effect. Provision shall be made for any appropriation required by law to a hospital or other public agency or subdivision of government. Appropriation. Section 8. A summary of the budget submitted by the budget officer shall be published on or before the last Wednesday in November in the newspapers in which the sheriff's advertisements appear. The budget as submitted and all supporting data shall be a public record open to inspection by anyone and shall be filed in the office of the clerk of the authorities and in the office of the budget officer for such purpose. The authorities shall consider the budget submitted as hereinbefore provided at the regular meeting the first Wednesday in December, which shall be a public meeting. Should the authorities desire to propose changes; increase or decrease items of the budget, or otherwise revise the budget as submitted such proposals shall be announced and recorded at said meeting, provided, however, the total expenditures, including the changes, shall at no time exceed the total of the anticipated revenue as certified by the budget commission to the authorities. Publication. Consideration at public meeting. Section 9. The budget shall be finally adopted by the authorities, at, or before the adjournment of, their regular meeting for the month of January, which shall be a public meeting, and upon adoption it shall relate back to the first of the year and shall cover the full fiscal year. Within one week after the adoption of the budget a summary thereof shall be published as hereinbefore provided for the publication of the summary of the budget. A copy of the budget as finally adopted shall be certified by the budget commission and shall be filed in the office of the clerk of the authorities and in the office of the budget officer. The budget so certified shall be printed, mimeographed or otherwise reproduced and sufficient copies thereof shall be made available for the use of all officers, department and agency heads, and for the use of the public. Adoption. Publication. Section 10. In the event of a change in the personnel

Page 2820

of the authorities between the December meeting referred to in Section 8, and the January meeting referred to in Section 9, a public meeting of the authorities may be called in January prior to the regular January meeting, at which called meeting the proposed budget may be considered and revised in all respects as fully as it could at said December meeting. Section 11. The budget so adopted shall not be changed or altered during the fiscal year and the authorities may not vary the titles, descriptions or conditions of administration specified in the budget, except in the manner provided hereinafter. Any proposal to insert any additional item, increase or decrease any item or appropriation, transfer any item or to revise the budget in any particular shall be made only at a regular meeting of the authorities and shall not be adopted until the next succeeding meeting of the authorities. No such revisions or changes in the budget as herein provided shall be made during the last two months of the fiscal year, except in case of emergency. Before any revision or change in the budget shall be made during the last two months of the fiscal year, the authorities shall first determine that an emergency exists and advertise such determination of emergency in the newspaper in which sheriff's advertisements appear, together with an explanation of the facts constituting the emergency, and a notice of a public meeting of the authorities to consider such proposed revision or change in the budget. Such public meeting shall be held not less than 48 hours after publication of the notice. No such budget revision or change shall be made except at a public meeting of the authorities. The authorities shall have no authority to transfer funds set aside for debt service or for the payment of outstanding obligations to any other purpose until all such obligations are paid. Should the anticipated income of the county be either increased or decreased by law or by a change in the tax rate or in the assessed value of property subject to taxation, the budget commission shall within a period of ten (10) days certify to the authorities the amount of the new budget for the balance of the fiscal year and such authorities, upon

Page 2821

certification by the budget commission, shall adjust the budget accordingly. However, should any property of the county be damaged or destroyed by fire, windstorm or other casualty, the authorities may appropriate at any time for the restoration of such property any amount realized from insurance thereon, but any additional appropriations shall comply with the formalities herein provided. Revisions and changes. Section 12. This Act shall not affect the expenditure of any monies derived from bonds that are issued and sold by the authorities in accordance with the laws of the State of Georgia, nor does it prohibit the appropriation of funds for the support of a hospital authority as provided by law or any other appropriation provided by law. Nothing herein shall be construed to restrain or limit the authorities in the amount of taxes that may be levied by them which are otherwise authorized by law. Funds not covered by Act. Section 13. From and after the effective date of this Act, any warrants issued or indebtedness incurred by the authorities in excess of the appropriations provided in the budget shall be absolutely void as obligations of the county but shall constitute a personal liability upon each member of the authorities individually and may be collected from said authorities by the holder or holders of any such warrant or obligation. Indebtedness incurred in excess of appropriations. Section 14. At least two weeks prior to the approval by the authorities of a cash expenditure for materials or an independent contract for services for any permanent improvement on public works, or the purchase or sale of real property for any purpose, except the acquisition of real property through condemnation proceedings or through the use of bond funds for projects financed through bond funds, the estimated expenditure for such purposes being in excess of $5,000.00, a description of such project and the estimated cost for such purposes, shall be published one time by advertisement in a newspaper in the county in which the sheriff's advertisements are published. Publication of proposed cash expenditures.

Page 2822

Section 15. The budget prepared in accordance with this Act shall fix the salaries and expenses of all officers and employees of the county, which shall not be increased by the authorities after the adoption of the budget in January, as provided in Section 9 of this Act. Provided, however, this shall not apply to salaries fixed by law. Salaries of officers and employees. Section 16. Be it further enacted that each and every phrase, clause and part of this Act is separately enacted, and should any part or section of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the General Assembly that the remaining valid portions of this Act shall remain in full force and effect. Section 17. This Act shall become effective November 1, 1953. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. COOK COUNTY TAX COMMISSIONER'S COMPENSATION. No. 357 (Senate Bill No. 72). An Act to amend an Act which abolished the offices of Tax Receiver and Tax Collector of Cook County and created the office of Tax Commissioner of Cook County, fixing his term and compensation, approved March 23, 1933 (Ga. Laws 1933, p. 490), by striking Section 6 of said Act and inserting a new section which shall provide for a different compensation from that which is received by the Tax Commissioner of Cook County; to repeal conflicting laws; and for other purposes.

Page 2823

Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 6 of an Act which abolished the offices of Tax Receiver and Tax Collector of Cook County and created the office of Tax Commissioner of Cook County, fixing his term and compensation, approved March 23, 1933 (Ga. Laws 1933, p. 490), is hereby amended by striking said section in its entirety and inserting a new Section 6, which shall read as follows: Section 6. The compensation of the Tax Commissioner of Cook County shall be a sum equal to (75%) of the fees and commissions and other compensation accruing to the Tax Receiver and Tax Collector of Cook County at the time this Act becomes effective or that might legally be allowed to such offices thereafter were it not for the provisions of this Act. The remainder of the fees shall be paid back into the county treasurer. The tax commissioner shall be paid proportionately monthly as nearly as same can be estimated, until the same is changed by law, and from this sum he shall pay all clerical hire and expense of the office except equipment, stationery and printing. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. PENSION STUDY COMMISSION IN CERTAIN COUNTIES. No. 358 (Senate Bill No. 10). An Act to amend an Act entitled an Act applicable to every county in the State having a population of more than 300,000 according to the last or any future Federal

Page 2824

decennial census and to the principal city located wholly or partially in such county, creating a commission to study pensions and providing $25,000.00 for expenses and for other purposes, approved February 15, 1951 (Ga. Laws 1952, p. 2798) so as to provide that the members of the commission may be elected after the time prescribed. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act, described in the caption hereof, be amended by adding the following provisions: Section 1. In the event the members of the commission, established by said Act, are not elected within the time limit fixed in said Act, such members may be elected at any time thereafter, provided, such members are elected within two years from the effective date of this Act. Election of members. Section 2. The governing authority of such principal city and the governing authority of such county, shall appropriate and make available to the commission the sums required by said Act, within sixty days after notification by the commission of its appointment and qualification. Funds. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1953. PENSION SYSTEM IN CERTAIN CITIES. No. 359 (Senate Bill No. 117). An Act to amend an Act entitled an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish pensions to all officers and employees

Page 2825

of such cities who have served twenty-five years and for the other purposes set forth in the Act approved August 20, 1927 (Ga. Laws 1927, p. 265) and the several Acts amgndatory thereof, so as to provide that the term officer or employee of the county shall include any officer or employee of the board of education of the county; to provide that if any such city shall cease to have a treasurer, the president of the aldermanic board or other such officer shall be a member of the board of trustees; to provide for the payment of certain funds where officers and employees are transferred back to the county; to define the pension rights of certain employees and their dependents; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act, described in the caption hereof, approved August 20, 1927 (Ga. Laws 1927, p. 265) and the several Acts amendatory thereof, be and the same are hereby further amended as follows: Act of 1927 amended. Section 1. The term officer or employee of any county, as used in the amendment to said Act, approved February 21, 1951 (Ga. Laws 1951, p. 3014) shall include officers or employees of the board of education of such county. Officer or employee. Section 2. Said Act, as amended, is further amended by adding thereto a new section, to be known as Section 4 (a) as follows: Section 4(a). In the event that any such city shall cease to have a treasurer or does not have one, the president of the aldermanic board, or such other officer as may be authorized to preside over the legislative body, shall be a member of said board of trustees. Section 3. Such transferred officers or employees of the board of education of any such county shall have the further rights as hereinafter set out in this section:

Page 2826

(a) If any such transferred officer or employee had designated a beneficiary or beneficiaries as permitted by any applicable provision of the laws and regulations relating to the pension fund of the board of education of such county and had paid the required amounts into such pension fund for such benefits, such designated beneficiary in life at the time of the transfer of such officer or employee to the city shall be entitled to receive sixty percent of the pension that any such transferred officer or employee may be entitled to receive or may be receiving at the time of his or here death: Provided that no such pension shall be paid to any minor child or children of such transferred officer or employee after any such child has arrived at the age of eighteen years. (b) Any such transferred officer or employee may, as a matter of right, retire from active service provided he shall have served: (1) At least twenty-five years in active service and has reached the age of fifty-five years; or (2) Has had twenty years active service and has reached the age of sixty years. Section 4. The provisions of this section shall apply to any officer or employee who was transferred from the county, or the board of education of the county, to the city, and who, prior to December 31, 1952 was transferred back to the county or to the board of education of the county. As to any such officer or employee, it shall be the duty of the treasurer or other person having possession of the funds belonging to the board of trustees to pay over to the board of trustees of the pension fund of the county or the board of education of the county, the following funds: (a) Any fund which may have been paid into the treasury of this pension fund by reason of the transfer of such officer or employee to the city; Transfer of pension funds.

Page 2827

(b) The amount which said employee contributed to the pension fund while employed by the city; (c) Any matching funds, if any, which the city may have paid into the fund to match the amount deducted from such employee's salary. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1953. ATLANTA PERSONNEL BOARD. No. 361 (Senate Bill No. 139). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the severan Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled 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. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. The members of the personnel board shall be paid at the rate of fifteen ($15.00) dollars per diem

Page 2828

for time actually devoted to the business of the board, but no member shall be paid for more than thirty-six (36) days of service in any one year. Compensation of members. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication, attached to enrolled copy. Approved March 2, 1953. BACONTON CHARTER. No. 363 (House Bill No. 475). An Act to incorporate the City of Baconton in the County of Mitchell in the State of Georgia and to supersede and to repeal the Acts incorporating the Town of Baconton (Acts of 1903, p. 432; Acts of 1910, p. 381; Acts of 1926, pp. 72, 73, 74 et seq.), to provide a municipal government therefor; to define the territorial limits of said city; 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 city; and to define the special powers and duties of the mayor; to provide for the election of a mayor and council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all city elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for the qualification of voters and electors in said city, and for the qualifications of the mayor and council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decisions of city clerk refusing to allow

Page 2829

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 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, with or without warrant; to provide for the taking of appearance 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 said city, to provide for a board of tax assessors, their oaths, 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 sewage and drainage assessments, for the taking of property for sewage system, for the extension of such system, and for the making of sanitary lots; to authorize the 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 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

Page 2830

water rights; to provide for control of sewers and pipes in said city, to provide for the collection of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and abatement of nuisances; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said city and for fire regulations therein; to provide for vaccination, for the pest house and for the prevention of diseases; to provide for a city cemetery and its regulation, to provide for the power of the city to grant encorachments 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 sale of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; 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 to pay commutation tax; to provide for the regulation of trains and vehicles and their speed in said city; to provide for prevention of idleness and loitering; to provide for a city fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said city, to require building permits before any building or structure can be erected in said city; to provide for the condemnation of private property, within and without the city for public purposes; to provide for the issuance of bonds, for bond elections and for the levy and collection of tax to pay said bonds; to provide for the sales of city property by the mayor and council; to provide for the repeal of all prior Acts incorporating the City of Baconton, 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.

Page 2831

Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Baconton, located in the County of Mitchell, State of Georgia, be and are are hereby incorporated under the name and style of City of Baconton. Incorporation. Section 2. That the corporate limits of said city shall be included within the following boundaries, to wit: Commencing at the southeast corner of lot of land No. one hundred and fifty-three (153), in the ninth (9th) District G. M., Mitchell county, run a line north on east line of said lot seven hundred and thirty (730) yards; thence west two hundred and thirty (230) yards to the town well; thence from said well run a line east one thousand (1000) yards, which shall be the beginning point of the corporate limits; from this beginning point, run a line south one thousand (1000) yards; thence west two thousand (2000) yards; thence north two thousand (2000) yards; thence east two thousand (2000) yards; thence south one thousand (1000) yards back to said beginning point; said city being included in a square whose sides are two thousand (2000) yards each, and of which square the town well is the center. Provided, that the mayor and council shall be empowered to extend the limits to three-fourths ([UNK]) mile, by ordinances, provided, further that this shall not be done unless two-thirds of the legally qualified voters of said city shall vote to extend the limits to three-fourths mile in a special election called by said mayor and council for that purpose, and in the event of such election all persons who are entitled to vote for members of the General Assembly of Georgia, who will be included in the new territory shall be allowed the privilege of voting and participating in said election and other qualified voters of said city. 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 Mitchell, State of Georgia, be and are hereby incorporated

Page 2832

under the name and style of City of Baconton, and under the corporate name of City of Baconton, 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, as cities thereof, and all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Baconton, as created by this Act; and the City of Baconton 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 Baconton shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatever kind, and within or without the limits of said city and for corporate purposes said City of Baconton, 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 Baconton and its mayor and councilmen as a body corporate as heretofore incorporated. Powers. Section 4. Be it further enacted, that the municipal government of the City of Baconton shall consist of and be vested in a mayor and five councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroad crossings, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theaters,

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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, slaughterhouses; 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 city, and for the preserving of peace, good order and dignity of said government; and said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said mayor and councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted of said powers alone, but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government of this Act, but shall be construed as in addition to and in aid of such powers. 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

Page 2834

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 Baconton, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violations 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 of contempt of the council by imposing such sentence or penalty as may be authorized by ordinance by resolution of the council of said city, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor. Section 6. Be it further enacted, that the present mayor and councilmen of said City of Baconton shall continue in office for the respective terms for which they were heretofore elected and until their successors have been elected and qualified as hereinafter provided, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the council of said City of Baconton, created by this charter. Section 7. Election for mayor and members of council shall be by vote of the people and shall be held under

Page 2835

the election regulations hereinafter prescribed on the second Tuesday in May of each year, their terms of office shall begin on the following Tuesday and shall continue for two years and until their successors are elected and qualified. At the next election in May of 1952 there shall be elected those officers to fill the seats of those whose terms have expired and such election shall be annually as provided above thus securing a rotation in office so that the full membership of said body may not be completely changed at one 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 Baconton for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of 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. Mayor and council; election, term, meetings, etc. 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

Page 2836

members of the council, declared vacant and the vacancy filled as above provided. Failure to perform duties. 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 Baconton shall be managed by three managers, whom the city council are authorized to designate, and any citizens of said city is eligible to be a manager who is eligible to be a manager of any election for members of the General Assembly, and may act as manager of said town election, and said managers, before entering on their duties, shall take and subscribe before a justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power; so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the mayor and council shall provide as many voting booths as may be necessary at said city hall or other designated place for the holding of any election. The polls shall be opened at eight o'clock in the morning and close at six o'clock p.m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any election and of any clerk that may be necessary in holding any election for their services in holding such election, but such pay or compensation shall not exceed the sum of five dollars per day for each such manager or clerk. Elections. Section 10. Be it further enacted, that the said managers shall certify two lists of voters and two tally sheets

Page 2837

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 Mitchell County, or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for mayor and councilmen, or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the mayor and councilmen within ten days after the result has been declared under the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. 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 Mitchell 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 received the same cause a copy of said notice to be served by the sheriff or his deputy on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said ordinary shall cause notice to be served on the mayor of the city; said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days notice before 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 result of election if contested; contestee may set up any crossgrounds

Page 2838

of contest. The contest may be heard at the Mitchell 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. Contests. Section 12. Be it further enacted, that the mayor and councilmen at their first regular meeting in May, 1952, 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 Baconton thirty days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualified voters. Section 14. Be it further enacted, that no person shall be eligible for the office of mayor or councilman of said city unless he shall be a freeholder owning real estate in said city and having resided in said city six months immediately preceding his election and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilman, unless such candidate shall file with the clerk of said city, ten 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

Page 2839

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. Qualifications and candidacy, mayor and councilmen. 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 or qualified voters of said city. Said book shall be kept open each and every day between the hours of nine o'clock, a.m. and four o'clock p.m. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book shall be again opened following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, if then a resident, will have resided in said town for thirty days prior thereto, to allow such person to register his name and color recording on said book besides the applicant's name, his age, occupation or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county for six month, and in the City of Baconton 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 Baconton, 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

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required of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto, or by some one authorized to do so for him. However, no person registering in said book shall be required to again register as a qualified voter of said city so long as he remains a resident of said city, and does not disqualify himself by non-payment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said city. Registration. Section 16. Be it further enacted, that at the first regular meeting of the mayor and couuncilmen 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 five 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 Baconton 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

Page 2841

qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters' lists not later than five days prior to such election and certify said list to be true and correct and deliver same to the Clerk of the City of Baconton, and the said clerk shall certify that same has not been altered nor changed since being delivered to him and on the morning of the election to be held in said city deliver said list to the election managers, selected to hold such election, and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters' list by accident or mistake. Voters' lists. 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, refusal to register. Section 19. Be it further enacted, that the board of registrars shall have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter shall be stricken from the voters' lists by said board unless such notice is given to such person whose name appears on the registration books, and upon such person,

Page 2842

so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of such person or persons if they find such person or persons are disqualified to vote in said election for any cause. Purging of lists. Section 20. Be it further enacted, that at the first regular meeting of the mayor and councilmen in May, 1952, and annually thereafter, the mayor and councilmen shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of five hundred dollars for the faithful performance of his duties; a marshal who may be chief of police and as many policemen as in the judgment of the mayor and council shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths; perform such duties and give such bonds as the mayor and councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Baconton. 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, and all officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, councilmen or officers. However, the salary of the mayor of said city shall not exceed the sum of two hundred dollars a year; the salary or compensation of the councilmen of said city shall not exceed the sum of one hundred dollars per year; the salary or compensation of the clerk and treasurer of said city shall not

Page 2843

exceed the sum of six hundred dollars a year; the salary of the marshal or chief of police of said city shall not exceed the sum of one hundred fifty dollars per month; the salary of all other policemen of said city shall not exceed the sum of one hundred twenty-five 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 and employees. Section 21. Be it further enacted, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said council the mayor or 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; passage of ordinances. Section 22. Be it further enacted, that the mayor or in his absence or disqualification the mayor pro tem., or in the case of the absence of both the mayor and the mayor pro tem., any councilman of the City of Baconton

Page 2844

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 $250.00, imprisonment in the city prison or in the county jail, having previously arranged with the county officers, not to exceed sixty days, or to work on the streets in the city chain gang, or such other public places as the mayor or acting mayor may direct, not to exceed sixty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chain gang shall not both be inflicted in any one case, and neither the punishment of confinement in the city or county jail, or that of a sentence to work in the city chain gang on the streets of said city shall be inflicted except as an alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting mayor in addition to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Police court. 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 offence is bailable, by a justice of the peace under the laws of this State, to appear before the Superior Court of Mitchell County. Section 24. Be it further enacted, that the mayor and councilmen of said city 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

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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 Mitchell County, for a reasonable length of time. It shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Baconton, which violation takes place in the presence of the said marshal or policeman. The marshal and policeman of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The marshal and policeman of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Baconton; provided, when the arrest is not made within twenty-four hours after the offence is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to warrants signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policeman may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Arrests. Appearance bonds. Section 26. Be it further enacted, that the mayor and

Page 2846

councilmen of the City of Baconton shall have power to organize one or more chain gangs or work gangs and confine therein persons who have been sentenced by the police court of the City of Baconton, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gang, and to enforce same through its proper officers. Work gangs. Section 27. Be it further enacted, that the mayor or the mayor pro tem., when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said 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 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 Baconton. Forfeiture. Section 28. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to board of councilmen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall as early as practicable thereafter, hear and determine said case so

Page 2847

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 Mitchell County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the superior court, and provided further, the applicant failing to give bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the mayor's or police court, from certioraring the proceedings directly to the superior court. Appeal from police court. Certiorari. Section 29. Be it further enacted, that all persons owning property in the City of Baconton shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of April 1st of each year; and the books for recording same shall be open on April first and closed on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 30. Be it further enacted, that the mayor and councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city, who shall be citizens and qualified voters of said city, said freeholders owning real estate in said city, as a board of tax assessors of said city. The mayor and councilmen shall fix the per diem compensation of said tax assessors,

Page 2848

which shall not exceed the sum of two dollars per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the mayor and councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within thirty days after the close of the books for receiving returns, unless additional time is granted by the mayor and councilmen; when 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 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 taxpayer, with postage prepaid to his last known address, shall constitute legal notice to him. Tax assessors. Assessments. 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

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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 appllant; said appeal shall be heard by said mayor and councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and councilmen of said city shall have power and authority, after notice and opportunity for his to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeals. Section 32. Be it further enacted, that the mayor and councilmen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. 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. Executions. Section 34. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Baconton and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking and every

Page 2850

other species of property in said city owned or held therein, in not exceeding two dollars and fifty cents ($2.50) on the hundred (100) worth of taxable property, exclusive of the taxes for public schools as now authorized by law; provided that the mayor and council shall have the right to increase the ad valorem tax not to exceed five dollars ($5.00) on the hunndred (100); and for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said city authorities and to provide a fund for the payment of annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually, by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and council so desire. Ad valorem tax. Bonded indebtedness. Section 35. Be it further enacted, that the mayor and council of the City of Baconton shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, square and lands of the City of Baconton, 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 Baconton without 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 Baconton shall have full power and authority to remove or cause to be removed, any buildings,

Page 2851

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 existing general law) the use of the streets, sidewalks and public grounds for signs, sign posts, awning, telegraph, telephone poles, racks and for carrying banners, handbills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interference with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty (30) days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. The mayor and council shall have full power and authority to regulate the use of the streets of the City of Baconton for business purposes and no person, firm or corporation shall have the right to use the streets of said City of Baconton for business purposes without first having obtained the consent and license of the mayor and council of the City of Baconton, provided, that such consent and license shall not be required of farmers using the streets of the City of Baconton 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. Section 36. Be it further enacted, that the City of Baconton is authorized to own and operate a system of waterworks for supplying water for all purposes to all

Page 2852

persons resident in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Waterworks. Section 37. Be it further enacted, that said City of Baconton shall also have power and authority to own, operate and control and regulate for the best interest of said city any other public utility, whether the same be electric light and power system, gas system, or any other public utility, of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such 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. Utilities. Section 38. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to require any railroad company running railroads through said city or any portion of it, to make and repair such crossings on their several roads whenever and in such manner as said mayor and councilmen may deem necessary. Railroads. Section 39. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite or other combustible or explosive material or substance

Page 2853

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, pistol, anvils and every kind of gaming or hunting within the corporate limits of said city. Gunpowder, oils, etc. Section 40. Be it further enacted, that said mayor and councilmen shall have full power and authority to require any persons or firm, company or corporation, whether non-resident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. 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 of any game or play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sums as they may be ordinance prescribe. Games, etc.

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Section 42. Be it further enacted, that said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city; define by ordinance their powers and privileges, revoke 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 councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices, and such articles, all barber shops and beauty parlors, all oil mills, ice works, laundries, waterworks, all opera houses, theaters, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealers, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempt by laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, sideshows and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations selling goods, wares, and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Hotels, restaurants, etc. Section 44. Be it further enacted, that at the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa.

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shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforcible in the same manner as town ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation for which a license is required by the City of Baconton, without having first procured such license and complied with all other requirements of said City of Baconton, relating 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 Baconton, requiring a license, prior to May first of any year, the mayor and councilmen shall add the sum of twenty percent of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall, after May first of any year, commence, begin or engage in any business, within the City of Baconton, 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. License voilatins. Section 45. Be it further enacted, that the mayor and

Page 2856

councilman 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 Baconton, and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reason why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said mayor and council, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the mayor and council whatever evidence he may desire touching upon the question of the revocation of such license. The decision of the mayor and councilmen of said city, revoking any such license, shall be final. Revocation. Section 46. Be it further enacted, that the mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals, when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such 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 47. Be it further enacted, that the mayor and

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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 section 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 buildings, 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. Eminent domain. Section 48. Be it further enacted; that the City of Baconton, by and through its mayor and council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in the said city of Baconton, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof in said city as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street and sidewalk improvements. Section 49. Be it further, enacted, that one-half of the total cost of grading, paving, repaving or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, re-paved, 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, re-paved, improved, or re-improved along any street, avenue, alley,

Page 2858

lane or public place which is unpaved the curbing of such sidewalk when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts. Assessments. Section 50. Be it further enacted, that two-thirds of the total cost of grading, paving, re-paving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, re-paved, improved, or re-improved, the other one-third of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane, or other public place in said city shall be paved, re-paved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, re-paving, improving and re-improving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catch-basins, drain-pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as if 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, 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. Same. Section 51. Be it further enacted, that said mayor and council of said City of Baconton shall have the power to enact all ordinances and to establish all such rules

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and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer-pipe connections to connect with and existing water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expenses of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and made a part of the general assessment to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Water, gas, connections, etc. Section 52. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places directly in front of such owner of abutting property so paved, repaved, improved or re-improved. Assessments. Section 53. Be it further enacted, that where a railroad company or other company, person or corporation has tracks on or across said street or sidewalks so paved or improved the company, person or corporation owning, operating or controlling the same under lease or contract shall be assessed for the cost of such paving, repaving, or improving of so much of said street or sidewalk that lies within such tracks and for the full width of two feet on each side of said track. Railroad tracks. Section 54. Be it further enacted, that said City of Baconton by and through its mayor and council, may grade, pave, re-pave, improve or re-improve, widen, change or extend any of the sidewalks or said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may

Page 2860

require such improvement, and said mayor and the council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places. It shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved or re-improved in said city, where the said sidewalk is to be constructed along any unpaved street, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, collection of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or re-improved in connection with the paving, re-paving, improving or re-improving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalk improvements. Section 55. Be it further enacted, that no street, avenue, alley, lane or other public place in said city shall be paved, re-paved, 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, re-pave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting prperty) subject to assessment as provided in this Act for the cost of paving, re-paving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, re-paved or otherwise improved. Petition for 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

Page 2861

owners' undivided interest shall be counted as one person, provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owners or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Section 57. Be it further enacted, that the ordinance authorizing the paving, re-paving, improving, or re-improving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration for such ordinance an advertisement shall be inserted at least one time in the newspaper in said city which has a general circulation therein in which the advertisements for sheriff's sales in Mitchell County are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said mayor and council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinance. Said meeting may be held at the time for the regular monthly meeting of said mayor and council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places or parts thereof, be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenues, alley, lane or other public place or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property owner or other person desired to make objections to the passage of such ordinance full opportunity shall be given at such meeting and after hearing objections, if any are made, to the passage of such ordinance said mayor and council shall have

Page 2862

the right to order such paving, re-paving or other improvements to be made, or they may decline to pass said ordinance. After the passage of 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 assessments from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment therein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council, and said ordinance shall have been held by the courts of this State to be conclusively valid and binding as against all such persons, companies and corporations subject to assessments as provided for in this Act. At any time after the passage of such ordinance that mayor and council shall deem best they shall cause such improvements to be made. Ordinances authorizing improvements. Publication, etc. Section 58. Be it further enacted, that said mayor and council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of contracts and the provisions thereof; and the said mayor and council shall by ordinance provide that the contractors shall execute to the City of Baconton 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 Baconton and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty (20) 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

Page 2863

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 Baconton. The right is hereby expressly granted to the City of Baconton to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the mayor and council shall examine all bids received, and without unnecessary delay award the contract to the lowest bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said mayor and council as prescribed in such ordinance and notice for proposals. The said mayor and council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contracts. Section 59. Be it further enacted, that as soon as the said contract is let the cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements in addition to the contract price for work and materials) is ascertained, the said mayor and council shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvement as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane or other public place so improved. When said report

Page 2864

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 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 Baconton and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said mayor and council at said session shall have power to review and correct said appraisal and apportionment and hear objections to the same and to confirm the same either as made by said engineer of committee or as corrected by said mayor and council. The said mayor and council shall thereupon by ordinance assess the cost of such improvements as provided in this Act. The assessing ordinance shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior to and superior to all other liens against such lot or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lot or tracts for the assessment against any other abutting owner. 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

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clerk of the said City of Baconton to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing her, his or its pro rata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon each agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such owner or agent is a non-resident of said city it will be sufficient service if said notice or statement be mailed to said property owner or agent at the last 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 assessments. Section 61. Be it further enacted, that if any person or persons, company or corporation shall fail or refuse to pay to the clerk of said City of Baconton, 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 improvement 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

Page 2866

improvements, and also after advertisement and other proceedings as in the 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 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. Executions. Section 62. Be it further enacted, that the marshal of said city when so ordered by said mayor and council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser of 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 city shall allow the use of its machinery of government for the collection of said executions. Assignment. Section 63. Be it further enacted, that the passage of the ordinance for paving, re-paving, or otherwise improving the streets, sidewalks, alleys, lanes or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the Clerk of the Superior Court of Mitchell County, Georgia, under the general registration laws of this State. Notice of assessment 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 in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must

Page 2867

be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council; otherwise the law relating to illegalities shall apply as in other cases. When the marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Mitchell 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 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. Illegalities. 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 Revenues of said

Page 2868

Mitchell County is authorized to sign on behalf of the county, and where the City of Baconton is the owner the mayor of said city is authorized to sign for and in behalf of the said city. Section 66. Be it further enacted, that the mayor and council of the City of Baconton are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay pro rata part, as designated in this Act, or the expense of paving, re-paving, improving or re-improving 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 intersection 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 owners of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said mayor and council are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bonds. Section 67. Be it further enacted, that if the said mayor and council shall deem it fitting and proper, they

Page 2869

may provide in said assessment ordinance for street improvments that said assessments against the different tracts of land so assessed for the paving, re-paving or otherwise improving of the streets, alleys, lanes and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven percent per annum until paid. Interest on assessments. Section 68. Be it further enacted, that in the event that the mayor and council provide in said assessment ordinance for the paving, re-paving or otherwise improving of any streets, lanes, alleys, or public places in said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the first installment of said assessment, to be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amount remaining unpaid shall be payable on the first day of September of 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 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 Baconton. Installment payment. Section 69. Be it further enacted, that in the event the said mayor and council deem it fitting and proper and so provide the assessment ordinance for street improvements that the assessments against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments, and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to

Page 2870

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. Section 70. Be it further enacted, that, in the event that the mayor and council provide in said assessment ordinance for the paving, re-paving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or re-improved shall be paid in ten equal installments, the said mayor and council are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said assessment ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said mayor and council may determine, which bond or bonds shall in no event become a liability of the mayor and council or the City of Baconton issuing the same. One-tenth in the amount of any such series 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 their date until maturity, payable annaully, 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

Page 2871

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 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 paving, re-paving or otherwise improving of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or re-improved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 70 of this Act, the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Baconton, 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 purpose. 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

Page 2872

installment and interest; and it shall be the maturity of such installment or assessment and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the marshal or chief of police of the City of Baconton 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. Collection of assessments payments. Section 72. Be it further enacted, that if the said City of Baconton has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, re-paving or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the mayor and council may, by appropriate ordinance, direct that such money be expended for the purpose of paying the pro rata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditure shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such question. Payment of city's share. Section 73. Be it further enacted, that nothing herein contained shall be construed to prevent the mayor and councilmen of said city from proceeding under the provisions of Chapter 69-4, sections 69-401-434, both and all inclusive of the Code of Georgia of 1933, referring to

Page 2873

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 Baconton 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. 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, used and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence, or that may be thereafter allowed. When any system of sewerage or drainage shall be constructed by said mayor and council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for

Page 2874

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. Sewers and drainage. Section 75. Be it further enacted, that in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and 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. Easements 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 provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Section 78. Be it further enacted, that said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect

Page 2875

the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than twenty-five feet front; and no business lot shall be less than twenty-five feet front; and provided further; the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitation. Section 79. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Baconton 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 drains, also over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Jurisdiction of city over waterworks, and other property, etc.

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Section 80. Be it further enacted, that the mayor and councilmen shall have full power and authority to contract for or condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn therein granted be exercised, all proceeding shall be used under the provisions of Sections 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. Eminent domain. Section 81. Be it further enacted, that said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, water closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of water closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water closets and urinals on the premises of property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers and under such regulations and rules as may be prescribed by the mayor and councilmen, and said property owners who fail to connect any water closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections and assess the cost of said connection and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution issued 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

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limits of said city, and to order the owner thereof to remove same, and if said owner should fail to remove the same after having been given reasonable notice so to do, the mayor and councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the clerk of said city is authorized to issue an execution for the expense of such removal, against such owner. Said mayor and councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or well-being of the inhabitants of said city. Sanitation. Section 82. 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 prescribe, and to visit every portion of the city, and to report to the mayor and councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts of negligence caused 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 Section 83. Be it further enacted, that said mayor and councilmen shall have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lot or cellars be filled or drained to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lot or cellars are

Page 2878

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. Draining and filling of lots and cellars. Section 84. Be it further enacted, that said mayor and councilmen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's or police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 85. Be it further enacted, that the marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen shall have full power and authority to abate as a nuisance any place in the city when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said mayor and councilmen shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors. Section 86. Be it further enacted, that said mayor and councilmen may enact any and all ordinances, rules and

Page 2879

regulations necessary to lay out a fire dictrict in said City of Baconton and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stove pipes and flues shall be constructed, to change all things that they may deem necessary to protect 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 the 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 87. Be it further enacted, that said mayor and councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious

Page 2880

diseases when in their judgment it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the 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 powers. Section 88. Be it further enacted, that said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interment therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Churches and cemeteries. Section 89. Be it further enacted, that the mayor and councilmen of said city shall have power to grant franchises, easements, and right of way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. Franchises, easements, etc. Section 90. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Arrests, violators of ordinances. Section 91. Be it further enacted, that the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion

Page 2881

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 official conduct. Section 92. Be it further enacted, that the mayor and councilmen shall have the power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fee bill. Section 93. 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 Mitchell County for the use of the common jail of said county for this purpose. Prison. Section 94. Be it further enacted, that said mayor and councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Immoral conduct. Section 95. Be it further enacted, that the mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy-houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. Houses of ill fame, etc. Section 96. Be it further enacted, that all executions in favor of the City of Baconton for the enforcement and

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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 otherwisg 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 Baconton 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 him to satisfy said execution, in the same manner respectively as sheriff's sales or real property or constable's sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriff's and constable's sales, and to be made under the same rules and regulations as govern sheriffs' 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, as shown by the recitals in the tax deed, plus a premium of ten percent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Baconton 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 cried for a reasonable time, then any duly appointed or authorized

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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 Baconton, 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 highest bidder in such manner as may be prescribed by the ordinances of the City of Baconton. 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. Levy and sale. Section 97. Be it further enacted, that said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State and the procedure in such trials. Nothing in this section shall operate to repeal the ordinances of the City of Baconton 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. Accusations. warrants, etc. Section 98. Be it further enacted, that said mayor and councilmen of the City of Baconton shall have power and authority to acquire, on behalf of the City of Baconton, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to

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the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city of said purpose. Parks Section 99. Be it further enacted, that the mayor and councilmen of the City of Baconton shall have the power and authority to adopt and enforce ordinances for said city 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 owners of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Trees. Section 100. Be it further enacted, that the mayor and councilmen of the City of Baconton may require and compel all male persons between the ages of 21 and 50 who have resided in the City of Baconton as long as thirty days, except those who are exempt in Section 101 of this Act, to work upon the streets of said city not to exceed fifteen days in each year, at such time or times as the mayor and councilmen may require, or to pay a commutation tax in lieu thereof not exceeding four dollars in any one year, as said mayor and council may determine by ordinance. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and councilmen may require, shall be deemed guilty of a violation

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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 city prison or by labor on the chain gang of said city not exceeding twenty days. Said mayor and councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. Street tax. Section 101. Be it further enacted, that all ordained ministers of the gospel, who are in the regular discharge of ministerial duty, and in charge of one or more churches, all men who have lost one arm or one leg; and all men who are either deaf, dumb, or blind, either totally or partially to the extent that they are unfit or unable to perform street work shall be exempt from the street duty provided in Section 100 of this Act and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit or unable to perform street work shall be left to the judgment of the mayor and councilmen and their decision on such question shall be final. Exemptions. Section 102. Be it further enacted, that the mayor and councilmen of the City of Baconton 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 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

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provided said laws, ordinances, regulations and rules are consistent with the laws of this State. General powers. Section 103. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, automobiles, trucks, and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Vehicles. Section 104. Be it further enacted that the mayor and councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Idleness and loitering. Section 105. Be it further enacted, that in case the mayor or a councilman while in office shall be guilty of malpractice and willful neglect in office or abuse of the power conferred on him shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment of mayor or councilman. Section 106. Be it further enacted, that it shall be the duty of the mayor and councilmen of said City of Baconton 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 protection. Section 107. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed

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two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dogs. Section 108. Be it further enacted, that the mayor and councilmen of said city shall cause to be codified all ordinances of said City of Baconton, together with this Act, into one book to be known as The Code of the City of Baconton, 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 Mitchell County, Georgia, for recording deeds. Said mayor and councilmen shall, during the year of 1952 pass and adopt such code, as the Code of the City of Baconton; and said code shall be admitted in evidence in any of the courts of this State upon certificate of the clerk of the said City of Baconton certifying the same to be the code of ordinances and laws of said town. Code. Section 109. Be it further enacted, that said mayor and councilmen shall have power and authority to require any person, firm or corporation to obtain from said mayor and councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said mayor and councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said city unless such building, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Buildings. Section 110. Be it further enacted, that the mayor and councilmen of said City of Baconton shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks,

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parks, and playgrounds; for rights of way for any electric light, water supply, gas, or sewer line or sewerage disposal plant, for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Sections 36-301, et seq. Eminent domain. Section 111. Be it further enacted, that the mayor and councilmen of the City of Baconton shall have the power and authority to issue bonds for and in the name of said city for the following purposes, to wit: For purchasing lands, buildings; erecting building; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping and maintaining waterworks, water supply system, sewers and sewer system, disposal plants, electric, power and gas systems, and services, and electric light system; for laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Bonds. Section 112. Be it further enacted, that, before any proceedings 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

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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. Same. Section 113. Be it further enacted, that before any bonds of said city shall be issued for any of the purposes named in Section 111 of this charter, the mayor and councilmen of said city shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for public published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes, as deemed expedient by 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 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

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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 114. Be it further enacted, that whenever any bonds are issued by said city, it shall be the duty of the mayor and councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Section 115. Be it further enacted, that the mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for this purpose. Loans. Section 116. Be it further enacted, that said city, by and through its mayor and council shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate 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 finance the cost of construction and operation of same and to exercise all powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State and Acts amendatory thereof. Revenue anticipation certificates. Section 117. Be it further enacted, that all ordinances heretofore adopted by the mayor and councilmen of the City of Baconton, 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 Baconton may at any time repeal, alter or amend any of said ordinances. Existing ordinances.

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Section 118. Be it further enacted, that all Acts of the General Assembly of Georgia heretofore passed incorporating the City of Baconton, (Acts of 1910, p. 771), 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. Section 119. Be it further enacted, that the mayor and council of said city shall have the power and authority to sell any property belonging to the said city and which shall become unnecessary and useless for city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the mayor and council either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest and best bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hour of the sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by sheriffs. Sale of useless property. Section 120. Be it further enacted, that in the event any article, section, paragraph or provision or provisions of this Act, in whole in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City

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of Baconton any powers of 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. Section 121. Be it further enacted, that the provisions of this charter shall become effective and in full force immediately after said charter is approved. Section 122. That all laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. To Whom It May Concern: There will be introduced in the General Assembly of Georgia, of 1953, which convened on January 12th, 1953, an Act to amend, consolidate and supersede the several Acts incorporating the Town of Baconton, Mitchell County, Georgia, and all amendments in respect thereto, to create a new charter of said corporation, to change the name of said municipal corporation to the City of Baconton, to provide for a municipal government, to define the territorial limits of said city, to provide for the powers thereof, to provide for a mayor and council, to define their powers and duties and for other objects and purposes. This the 16th day of January, 1953. Frank S. Twitty Representative, Mitchell County. Georgia, Mitchell County. I, B. T. Burson, being first duly sworn, on oath says: that I am editor and publisher of the Camilla Enterprise, a weekly newspaper and official organ of Mitchell County, Georgia, in which sheriff's advertisements are published and that the above and foregoing is a true and

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accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated January 23rd, January 30th and February 6th, 1953. /s/ B. T. Burson Sworn to and subscribed before me, this the 7th day of February, 1953. /s/ Hazel Bullard Notary Public, Georgia State at Large. My commission expires Feb. 1, 1954. (Notarial Seal Affixed). Approved March 2, 1953. HAPEVILLE LIMITS EXTENDED. No. 364 (House Bill No. 607). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, so as to extend the city limits of said City of Hapeville: to give said City of Hapeville jurisdiction beyond the incorporate limits as extended a prescribed distance for police and sanitary purposes, and for the purpose of exercising all rights and privileges possessed by said City of Hapeville under it present charter as amended, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, 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 newspaper

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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, once a week for three weeks during a period of sixty (60) days, immediately proceeding 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 Hapeville be enlarged and extended so as to include and embrace within the corporate limits of the City of Hapeville all the territory lying within the following boundary lines: All that tract or parcel of land lying and being in Land Lot 66 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point where the northwest corner of Land Lot 66 and the southeast corner of Land Lot 94 meet and thence running east along the southern line of Land Lot 67 and the northern line of Land Lot 66, a distance of 850 feet, more or less, to the west side of the south leg of the expressway; and thence southeasterly along the west side of the south leg of the expressway a distance of 2,350 feet, more or less, to a point where the present Hapeville city limits intersect and cross the west side of the south leg of the expressway; and thence northwest along the present Hapeville city limits a distance of 850 feet, more or less, to a point where the present Hapeville city limits intersect the east line of Land Lot 95; and thence north along the east side of Land Lot 95 and the west line of Land Lot 66 a distance of 1,200 feet, more or less, to the point of beginning. Description. Section 3. That all powers and authority of the City of Hapeville, under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The

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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 the said City of Hapeville, 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 the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Hapeville, 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 the city, clerk of council, building inspector, court recorder, and all other officers of the City of Hapeville, even though not specifically named herein, 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 covering the City of Hapeville. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Hapeville, and is bound for the payment of such bonds equally with the other territory comprising the City of Hapeville. Power 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. Section 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Personally appeared before me, the undersigned, a notary public, Rex T. Reeves, 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.

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The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Hapeville will apply to the session of the General Assembly of Georgia convening in January, 1953, for passage of local legislation to amend an Act entitled An Act to Incorporate the City of Hapeville, Georgia and for other purposes. This 15th Day of December, 1952. Rex T. Reeves, City Attorney. Dec 15 22 29 Jan 5 Feb 3 tfn This 13th day of February, 1953. /s/ Rex T. Reeves Sworn to and subscribed before me, this 13th day of February, 1953. /s/ Ramie Lee Bedwell Notary Public Notary Public, Fulton County, Georgia. My commission expires Aug. 13, 1955. (Notarial Seal Affixed). 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 15 day

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of December, 1952, and once each week thereafter for 5 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 13th day of February, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Hapeville will apply to the session of the General Assembly of Georgia convening in January, 1953, for passage of local legislation to amend an Act entitled An Act to Incorporate the City of Hapeville, Georgia and for other purposes. This 15th day of December, 1952. Rex T. Reeves City Attorney. Dec 15 22 29 Jan 5 Feb 3 tfn Approved March 2, 1953. BOWDON CHARTER AMENDED. No. 366 (House Bill No. 565). An Act to amend an Act entitled, An Act to amend, revise, consolidate, and supersede the Acts incorporating the Town of Bowdon in the County of Carroll; to confer additional powers upon the corporate authorities thereof and otherwise amend the charter of said town and to provide a new charter for the same; to authorize the authorities of said town to establish and

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maintain a system of waterworks and electric lights in said town, to provide a revenue for the maintenance of the same and to extend the corporate limits, and for other purposes, approved August 18, 1910 (Ga. Laws 1910, p. 408), as amended, so as to change the amount of ad valorem taxes levied by the Mayor and Council of the Town of Bowden; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled, An Act to amend, revise, consolidate, and supersede the Acts incorporating the Town of Bowdon in the County of Carroll; to confer additional powers upon the corporate authorities thereof and otherwise amend the charter of said town and to provide a new charter for the same; to authorize the authorities of said town to establish and maintain a system of waterworks and electric lights in said town, to provide a revenue for the maintenance of the same and to extend the corporate limits, and for other purposes, approved August 18, 1910 (Ga. Laws 1910, p. 408), as amended, is hereby amended by striking Section 27 in its entirety, and inserting in lieu thereof a new Section 27, which shall read as follows: Section 27. The Mayor and Council of the Town of Bowdon shall have the full power and authority to assess, levy, and collect such taxes upon real and personal property within the corporate limits of said town as they may deem necessary for the support and financing of the government of said town; provided, however, that the tax so assessed shall not exceed one and one-half percent, or fifteen mills. The mayor and council shall also have authority to levy a tax on the owners of real estate for the purpose of paving sidewalks and streets in front of said realty. Taxes. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that the Mayor and Council of the Town of Bowdon, Georgia, intend to apply to the General Assembly of Georgia, at the 1953 session thereof (now in session) to amend an Act creating a new charter for the Town of Bowdon approved August 12, 1910 (Ga. Laws 1910, p. 408-425) and all Acts amendatory thereof, and especially Section 27 of said Act, so as to provide that the Mayor and Council of the Town of Bowdon shall from year to year levy such tax on real and personal property situated in said town as they may deem necessary for the support and government of said town provided that the tax so assessed shall not exceed two percent or 20 mills. Mayor and Council of Town of Bowdon. J22/3 p Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Ebb Duncan, who, on oath, deposes and says that he is Representative from Carroll County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Free Press, which is the official organ of Carroll County, on the following dates: January 22, 1953, January 29, 1953, and February 5, 1953. /s/ J. E. Duncan Representative, Carroll County. Sworn to and subscribed before me, this 2-11-53. /s/ C. C. Perkins N. P. Approved March 2, 1953.

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ALMA LIMITS EXTENDED. No. 367 (House Bill No. 559). An Act to amend an Act creating a new charter for the City of Alma, approved August 21, 1906 (Ga. Laws 1906, p. 496), so as to change, enlarge and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Alma, approved August 21, 1906 (Ga. Laws 1906, p. 496), is hereby amended so as to include the following additional territory within the corporate limits of said city: 4 acres, more or less, in Land Lot 281 in the 5th Land District of Bacon County, Georgia, bounded as follows: on the north, northeast and east by the right of way of U. S. Highway No. 1; on the south by the run of Bear Branch; on the west by extension of North Dixon Street at this point, same being part of old Alma-Baxley Public Road. Description. Section 2. All laws and parts of laws in conflict with this Act 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 1953, a local bill affecting the City of Alma, Georgia, the caption of which is as follows: An act to amend the charter of the City of Alma, so as to include the following described property in said city: 4 acres, more or less, in land lot 281 in the 5th land district of Bacon County, Georgia, bounded as follows: on the north, northeast, and east by the right of way of U. S. Highway No. 1; on the south by the run of Bear Branch; on the west by

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extension of North Dixon Street at this point same being part of old Alma-Baxley Public Road, and for other purposes. This the 9th day of January, 1953. Braswell Deen, Jr. Representative, Bacon County, Georgia. cl: 15-22-29 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Braswell Deen, Jr., who, on oath, deposes and says that he is Representative from Bacon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times, which is the official organ of Bacon County, on the following dates: January 15, January 22 and January 29, 1953. /s/ Braswell Deen, Jr. Representative, Bacon County. Sworn to and subscribed before me, this 11 day of February, 1953. /s/ Frances Y. Read Notary Public, Fulton County. My commission expires Feb. 1, 1954. Approved March 2, 1953. FAYETTEVILLE CHARTER AMENDED. No. 368 (Senate Bill No. 148). An Act to amend the Act of August 21, 1911, entitled An Act to amend the charter of the City of Fayetteville, by extending the corporate limits of said city and by conferring upon the mayor and council power to enact zoning ordinances and to provide for the issuance

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of building permits for construction in said city; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved August 21, 1911, entitled An Act to amend the charter of the City of Fayetteville and for other purposes, be and it is hereby amended by striking the words three-fourths of in the third line of Section 2 of said Act, so that said section shall read as follows: Be it enacted by the authority aforesaid, that the corporate limits of said city shall extend one mile in every direction from the center of the present courthouse of Fayette Superior Court now located in said city. Limits. Section 2. That said Act be further amended by adding thereto a new section to be numbered Section 31(a), as follows: Section 31(a) The City Council of Fayetteville shall have authority and power to adopt any and all ordinances, rules and regulations necessary to provide for the issuance of building permits for construction in said city and in connection therewith to prescribe standards for such construction. This authority shall extend to all buildings constructed for residential or business purposes, and no person, after the adoption of any such ordinance, shall construct or repair any such building without first obtaining a permit from the proper authority of the city designated by any such regulatory ordinance. Any person violating any such ordinance shall be punished as provided thereby. In enforcing such regulations, the city council shall have power and authority to provide for inspection of work in progress at any stage and upon completion and to do such other things as may be necessary and expedient in insuring that all buildings constructed or repaired in said city shall be properly constructed and properly repaired so as to constitute no hazard of any kind or be detrimental to the public health,

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interest or safety. Building permits. Section 3. That said Act of August 21, 1911, be further amended by adding a new section to be known as Section 31(b) as follows: Section 31(b) The City Council of Fayetteville shall have authority and power to enact zoning ordinances and to zone and classify all of the property in the City of Fayetteville for building purposes and to limit the type and character of building which may be erected on any property so zoned. Any such zoning ordinance shall provide for notice to any person whose property is zoned and an opportunity for such person to be heard. Any person violating any zoning ordinance shall be punished as therein provided. Zoning. Section 4. The General Assembly finds that notice of the foregoing local legislation has been given as provided by the Constitution of this State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. WOODBINE CHARTER. No. 372 (House Bill No. 425). An Act to amend, consolidate and supersede the Act incorporating the Town of Woodbine, (Ga. Laws 1908, pp. 984-988), as approved August 17, 1908, and the following Acts, of the General Assembly of Georgia, amendatory thereof, to wit: the Act of 1927, page 1716; the Act of 1946, page 684; To reincorporate the said town as a city and change

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the name thereof to the City of Woodbine and to make further amendments in said charter to allow the following: To define the territorial limits of said city; provide for perpetual succession; the municipal government of said city; the officials and employees of said city; provide for and define their powers; provide for legal succession by said city to all property, powers, rights and liabilities of the Town of Woodbine; provide for meetings of council, quorums thereof, procedure thereof, authority to pass ordinances for the government of said city, elections, contests thereof, terms of office of officials, oaths, salaries, fees, bonds, duties of officers and employees, qualifications of voters and candidates for offices, registration of voters, veto power of mayor and overriding thereof by council, mayor's or police court, procedure therein and the judge thereof; the issuing of warrants, service thereof and arrests, fines and punishment for violations of ordinances, allowing presiding judge of city court authority to act as committing magistrate as justices of the peace, provide for appeals from decisions of said court to council and certiorari, allowing bail and bond, the forfeiting thereof; the return of property for tax purposes, the assessment and levying of ad valorem taxes, the board of assessors and their qualifications, duties and procedure, appeals therefrom and procedure; procedure for the collection of taxes, interest and penalties; To provide that the mayor and council shall have power to control streets, sidewalks, lanes, alleys, public lands, to grant franchises to any public utility, to allow city to own, maintain, manage and operate any such public utility, to regulate railroad crossing within said city; to grant police powers to the mayor and council; to grant authority to license, regulate and control businesses within said city, fines, fees and punishment for non-payment of said license, the revocation thereof, the right of mayor and council to regulate the keeping or running at large of domestic animals and

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fowls; to construct, maintain and operate a system of public sewage disposal and drainage and to regulate the building and operation of private sewage disposal systems; to allow regulation and control of garbage collections; to provide for a board of health; the number and duties thereof; to lay out a fire district and regulate construction therein; to grant franchises for the use of streets, lanes, alleys, parks and other property of the city; to provide for zoning of said city and regulations therein; to provide for a code of said city; to provide a building code and regulate buildings in said city; To provide that the mayor and council shall have power to supply casual deficiencies in the revenues of said city by temporary loans; acquire, construct, improve and extend revenue producing projects; to provide that all ordinances of the Town of Woodbine shall remain the ordinances of the City of Woodbine; to provide that the Sheriff of Camden County, or his deputy, shall have concurrent jurisdiction with the marshal and police of said city in the service of papers, levy, execution and sale of property for said city; that said city may license locally owned automobiles and provide identification tags therefor and limit the fee charged therefor. To provide that should any isolated portion of this Act, any provisions thereof, be declared invalid or unconstitutional that said declaration shall not impair the validity of the remainder of said Act; to provide the effective date of this Act and to provide that all laws and parts of laws in conflict therewith shall be repealed, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act of 1908 known as No. 549-Woodbine, Town of, Incorporated, the Act of 1927 known as No. 225 Woodbine Street Improvements, the Act known as No. 281 Woodbine Territorial Limits Redefined and the Act of 1946 known as No. 608

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Woodbine Town Charter Amended be and the same are hereby amended by the creation of the following new charter, re-incorporating said the Town of Woodbine, to wit: That from and after the passage of this Act the inhabitants of the territory embraced within the corporate limits as hereinafter set forth, located in the County of Camden and State of Georgia, be and are hereby incorporated under the name and style of City of Woodbine. Incorporation. Section 2. Be it further enacted, that the corporate limits of the City of Woodbine shall be as hereinafter defined, to wit: Northern. The northern corporate limit line shall be the southern main high-water line of the Great Satilla River, extending in an easterly and westerly direction between its intersection with the eastern and western corporate limit lines as hereafter defined. Corporate limits. Eastern. The eastern corporate limit line shall extend in a northerly and southerly direction along the western edge of the right of way of the main lines of the American Telephone and Telegraph Company from the northern corporate limit line to its intersection with the southern corporate limit line as hereafter defined. Southern. The southern corporate limit line shall extend in an easterly and westerly direction six thousand nine hundred sixty (6,960) feet south of and parallel to the center line of fourth (4th) street and East and West Fourth (4th) Street as extended from its point of inter-section with the said eastern corporate limit line, and the western corporate limit line as hereafter defined. Western. The western corporate limit line shall extend in a northerly and southerly direction two thousand two hundred eighty (2,280) feet west of and parallel to the center line of the Seaboard Air Line Railroad Company's main line tracks from the point of intersection with the southern corporate limit line to the southern

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main high-water line of the Great Satilla River. Section 3. Be it further enacted, that the said City of Woodbine shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said Town of Woodbine shall be and are hereby vested in said City of Woodbine, as created by this Act; and the City of Woodbine, 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 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 Woodbine shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatever kind, and within or without the limits of said City of Woodbine and for corporate purposes said City of Woodbine, 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 Town of Woodbine, and its mayor and councilmen as a body corporate as heretofore incorporated. Powers. Section 4. Be it further enacted, that the municipal government of the City of Woodbine shall consist of and be vested in a mayor and four councilmen; that said mayor and councilmen shall have full power and authority, from time to time, to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroad crossings, the regulation of speeds of automobiles, trains and other vehicles, the

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regulation of sales lots, sales-stables, warehouses, hotels, tourist homes, apartment houses, restaurants, cafes, opera-houses, theatres, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; store-houses, markets, slaughter and packing houses; garages, shops, mills, factories, barbershops, soda founts, beer parlors and sales places, telegraph and telephone companies, gas, water, light, and electrical companies, booths, stands, tents, stores, filling stations and other business establishments, common carriers, all sales and displays in said city and all other matters and things whatsoever they may be by them considered necessary or proper or incident to the good government of said city, and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for the preserving of peace, good order and dignity of said government; 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 the United States, 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 and 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 allowed by the laws of the State of Georgia, and shall be construed as in addition to and in aid of such powers. Mayor and council. Powers. Section 5. Be it further enacted, that the mayor shall be the chief executive officer of 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,

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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 council committees; to see that all funds are properly 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 currently 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, with the agreement of council; shall have authority to convene the council in extra session as frequently as he may deem proper; to preside in the mayor's court or the police court of the City of Woodbine, 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 purnish for contempt of court before such mayor's court or police court 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 in accordance with the provision 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 herein authorized. Mayor. Powers. Section 6. Be it further enacted, that the present mayor and councilmen of the Town of Woodbine shall continue in office as mayor and councilmen of the City of Woodbine until the first Monday of January, 1954, and said mayor and councilmen shall exercise all of the powers and authorities conferred upon the mayor and councilmen of said City of Woodbine, created by this charter, and on the second Saturday in December, 1953,

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a mayor and four councilmen shall be elected, as provided in the next section of this Act. Section 7. Be it further enacted, that on the second Saturday in December, 1953, there shall be elected for said city a mayor, who shall serve for a term of two (2) years and four (4) councilmen, of whom the two (2) receiving the lowest number of votes among the top four (4) shall serve for a term of one (1) year, and the two (2) receiving the greatest number of votes shall serve for a period of two (2) years; then on the second Saturday of December of each succeeding year there shall be elected two councilmen who shall serve a period of two (2) years; and on every odd year a mayor shall be elected to serve for a period of two (2) years Should there be a tie in the 1953 election, so that it cannot be determined who shall serve as councilmen for one and who shall serve for two years, the then current mayor and council shall, by secret ballot, make such determination. Officers so elected shall take office at the first meeting, of the mayor and council, of the year following their election and shall hold said officers until their successors shall have been elected and shall have qualified. At the first meeting after their election the newly elected mayor and councilmen shall meet in the city hall or other designated place in said city and shall qualify as follows: They shall then severally take and subscribe, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear or affirm that I will well and truly demean myself as mayor (or councilmen, as the case may be) of the City of Woodbine for the ensuing term, and that I will faithfully uphold the Constitutions of the United States and of the State of Georgia, enforce the charter and ordinances of the City of Woodbine to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or any councilmen be absent from said meeting he or they shall take and subscribed said oath of office as soon as possible thereafter. Mayor and councilmen; election, term, etc. Said mayor and councilmen shall meet on the first Monday of each month; provided that when the first

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Monday shall fall on a legal holiday the regular meeting for that month shall be held on the first succeeding day that is not a legal holiday. The mayor and council 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, or any three councilmen, to be convened as provided by ordinance. Only the business on the agenda as shown by the call for said meeting may be transacted at a call or special meeting. 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 selection and appointment 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 fill such vacancies for the unexpired terms. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a period of three consecutive months, or should any officer-elect refuse to qualify, the office may, in the discretion of the remaining members of the council, be declared vacant and the vacancy filled as above provided. Meetings. Section 8. 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 Woodbine shall be managed by any three citizens of said city who shall be appointed by the mayor with the consent of the council; and said managers, before entering on their duties, shall take and subscribe before an officer qualified to administer oaths, or before each other, the following oath: We and each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to so do 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 rights to cast their ballot without annoyance from or by any person in or

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near any voting place, and to this end the mayor and council shall provide as many voting booths as may be necessary at a place or places as designated by ordinance for the holding of any election. The polls shall open at 8:00 a.m. and close at 6:00 p.m. Elections. The mayor 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. Section 9. 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 clerk of said city, who shall safely keep the same and it shall be the duty of the mayor to call special meeting of the mayor and council for the purpose of declaring the result of said election; At said meeting it shall be the duty of said clerk to deliver said sealed ballot box to the mayor who shall open the same in the presence of the council 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 for mayor in any election and for councilmen after the 1953 election, or other elective officer, a new election, as between candidates thus tied, shall be ordered by the mayor and councilmen within ten days after the result has been declared, under the same regulation as the original election, and the persons receiving the highest number of votes cast in said new election shall be declared duly elected. Declaration of results. Section 10. 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 Camden County within three days after said election, and upon the payment in advance by the contestant, or contestants, to the said ordinary of twenty ($20.00) dollars as his fees and costs, the said ordinary shall within two days after he receives the same cause a copy of said notice to

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be served by the city marshal, the sheriff or his deputy on the contestee within five (5) days 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 within five (5) days 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 filing of notice of contest and payment of costs, of which time both parties shall have not less than five days' notice before the hearing. The contestor shall pay to the marshal, the sheriff, or his deputy five ($5.00) dollars in advance for service of each notice of contest. Said notice of contest shall have 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 shall be heard at the Camden County court house. Said ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Contests. Section 11. Be it further enacted, that the mayor and councilmen at their first regular meeting shall elect one of the councilmen as mayor pro tem., who shall in the case of absence or disqualification of the mayor, 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 12. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State, and who shall have resided in the City of Woodbine six months prior to the election at which they offer to vote; provided they shall have registered as shall be required by ordinances that may be adopted by the mayor and council governing registration in said city; shall be qualified to vote at any election provided for in this charter. Qualified voters. Section 13. 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, shall then be a resident of said city,

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and have resided in said city not less than (18) eighteen 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 registered under the registration ordinances which may be in force at that time in said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in election for mayor or 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, his written notice that he desires that his name be placed on said ballot as a candidate for either mayor or councilman and paid such qualifying fees as may, by ordinance, be required. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. Mayor and councilmen; qualifications, candidacy. Section 14. Be it further enacted, that the mayor and council shall by proper ordinance, provide all rules and regulations, that they may deem necessary, for the registration of voters and until such ordinances are enacted the only qualification for voters shall be those set forth in Section 12 of this Act. Registration. Section 15. Be it further enacted, that at the first regular meeting of the mayor and councilmen annually, the mayor and councilmen shall elect a city clerk who shall be ex-officio tax collector and treasurer; said clerk may be a member of council and shall give bond with security in the sum of five thousand ($5,000.00) dollars for the faithful performance of his duties; a marshal who shall be bonded as provided by ordinance and 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 offices as the mayor and councilmen shall deem necessary for 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 be ordinance prescribe; provided, that all bonds of officers shall be made payable to the then Mayor of the City of Woodbine and his successors in office. Said mayor and councilmen shall have the

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power and authority to suspend and remove said officers for cause after hearing; and it shall be the duty of the mayor and councilmen to fix the salaries or compensation, of said mayor and councilmen, and all other officers, agents and employees of said city provided that when once fixed the compensation of the mayor and councilmen shall not be increased for the term for which they were elected and provided that should a councilman serve as clerk, he shall not be paid for more than one office. All expenditures of the mayor and councilmen for city purposes shall be paid out of the city funds by check drawn by the city clerk and countersigned by the mayor, or mayor pro tem. and any one councilman after the mayor and councilmen have allowed the same by proper resolution entered on minutes. Officers and employees. Section 16. Be it further enacted, that the mayor and two 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. 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 council; 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 five 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. Passage of ordinances, etc. Section 17. Be it further enacted, that the mayor or in his absence or disqualification the mayor pro tem., and in case of the absence or disqualification of both the mayor and mayor pro tem., a recorder appointed by the mayor and councilmen, may hold and preside over a court in said city, to be called the mayor's or police court, for trial of all offenders against the laws and ordinances

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of said city as often as necessary. Said court shall have the power to preserve evidence, issue warrants for the violation of ordinances of said city or violation of State laws, compel the attendance of witnesses, compel the production of books and papers to be used as evidence; punish for contempt and to act as a committing magistrate. Said mayor, mayor pro tem., or recorder 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 three hundred (($300.00) dollars or imprisonment in the city prison or county jail, having previously arranged with the county officers, not to exceed six months either or both, or to work on the streets or such other public places as the mayor or acting mayor or recorder may direct, not to exceed six months. The mayor and council may in their discretion, appoint a city recorder to preside over said court; said recorder when so presiding shall have and exercise all authority conferred by Section 5 of this Act, on the mayor as judge of said police court; the mayor and council shall fix the salary of such recorder; when so appointed the recorder shall hold office until the end of the then current year and his salary shall not be reduced for that term. The mayor and council may, by ordinance, provide for the election of such recorder for a term of two years, said election to be held concurrently with the annual election for mayor. Such ordinance shall provide the salary or fees to be paid such recorder and when once fixed said fees or salary shall not be reduced during the term for which the recorder shall have been elected. Mayor's court. Section 18. Be it further enacted, that the mayor, mayor pro-tem., or recorder, who shall be presiding, shall have the power in said court, if the offence charged against the prisoner not be within his jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail or bail them, if the offence is bailable by a justice of the peace under the laws of this State, to appear before the Superior Court of Camden County.

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Section 19. Be it further enacted, that the mayor and councilmen of said city shall have the power to authorize by ordinance the marshal or policemen of said city to summon any or all by-standers to aid in the arrest of any person or persons violating any ordinance of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Section 20. 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 Camden 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 Woodbine, which violation takes place in the presence of said marshal or policeman. The marshal or 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 or policemen of said 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 Woodbine; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to warrant issued by the mayor, mayor protem., or recorder. Arrests. Section 21. Be it further enacted, that the mayor and councilmen of the City of Woodbine shall have power

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to organize one or more chain gangs or work gangs, and confine therein persons who have been sentenced by the mayor's or police court of the City of Woodbine, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Work gangs. Section 22. Be it further enacted, that the mayor, mayor pro tem., or recorder, when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations, or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor, mayor pro tem., or recorder and an execution issued thereon by serving the defendant, if any to be found, and his sureties with rule nisi, at least ten (10) days before the hearing of the said rule nisi. the mayor, mayor pro tem., or recorder shall also have power and authority to allow the city clerk 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 the said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the City of Woodbine. Appearance bonds. Section 23. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the said court, and being dissatisfied with the judgment therein shall first enter an appeal from the judgment of said court to the board of councilmen; provided, the appeal be entered within four (4) 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, and in no event later than the next regular

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council meeting unless continued by consent, 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, mayor pro tem. or recorder and/or may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have right of certiorari to the Superior Court of Camden County, Georgia, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant 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. Appeal from mayor's court. Certiorari. Section 24. Be it further enacted, that all persons owning property in the City of Woodbine shall be required to make a return under oath, annually, to the clerk 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 the last day of March 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 25. Be it further enacted, that the mayor and council shall at or before the regular council meeting of March of each year, appoint a board of tax assessors. Such board shall consist of the mayor who shall be ex officio chairman and four members, two of whom shall not be members of the city council. All members must be citizens and qualified voters of the City of Woodbine and be the owners of real estate therein. The city clerk shall be ex officio clerk to said board. The mayor and council shall fix the per diem compensation of said tax assessors and clerk. Vacancies on said board may be filled by the

Page 2920

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 by property owners, and to increase or decrease the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is out of line with like property of equal value. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as herein required by the last day of March in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return and same shall be taxed at double the regular rate. Said board of tax assessors shall make a return of their work within 30 days after the close of the books 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 altered, five days before said hearing, stating the time and place of hearing and the change so made by said board. Persons owning property in said city may be served personally, by leaving notice at their most notorious place of abode, if non-resident, or absent from said city, by mailing of such notice, five days before said hearing to his last known address which will constitute legal notice to him. Board of tax assessors. Assessments. Section 26. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of Section 25 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 on which the valuation has been raised, the amount at which same was assessed, and

Page 2921

the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and councilmen of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value, and such action shall be final. Appeal. Section 27. 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. All taxes due the City of Woodbine shall be due, payable, delinquent and subject to execution on the same date that State and county taxes are due, payable, delinquent and subject to execution. Tax executions shall be issued against all persons who have not paid taxes due the City of Woodbine, under the same laws and regulations governing State and county taxes. All executions shall be signed by the city clerk as city tax collector and may be served and tax sales made thereunder by the marshal or by the Sheriff of Camden County or his legal deputies. Executions. Section 28. Be it further enacted, that the several dates mentioned in this Act for the opening of tax books, closing of tax books, due dates of taxes and dates on which taxes shall be deemed delinquent are intended, in each case, to be the same as State laws governing similar situations and conditions as regards State and county taxes and shall conform thereto, and any changes subsequently made in said State and county tax law dates shall be extended to like conditions for the City of Woodbine. General provisions as to dates. Section 29. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Woodbine for the ordinary

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current expenses thereof, the mayor and council shall have full power and authority for the annual assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidence of debt, and every other species of property in the said city owned or held therein, of not exceeding one and one-half (1%) percent of the value thereof. For the purpose of providing a sinking fund for the purpose of paying the principal of each issue of bonds that may be issued and to provide a fund for the payment of the annual interest on said bonds an additional ad valorem tax not exceeding two (2%) percent may be levied and collected as in the judgment of the mayor and council may be necessary, provided, however, that the mayor and council may provide for the retirement and liquidation of any bonded indebtedness of the City of Woodbine, 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 the mayor and council so provide by ordinance. Ad valorem tax. Bonded indebtedness. Section 30. Be it further enacted, that the mayor and council of the City of Woodbine shall have full control of the streets, sidewalks, alleys and lanes of said city and shall have full power and authority to regulate, widen, change, layout, close, vacate, direct and control streets, sidewalks, lanes, alleys and public lands of the City of Woodbine; the grading of the same; to regulate water pipes or other pipes laid in said streets, and to cause said pipes to be lowered or removed if they obstruct or interfere with the paving, grading or working said streets; to open or close any streets and alleys. The mayor and council of the City of Woodbine shall have power and authority to remove or cause to be removed, any building, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or on public property of said city. Said mayor and councilmen shall have full power and authority to regulate the use of the streets, sidewalks, and public grounds for signs, sign posts, awning, telegraph poles, telephone

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poles, and racks for carrying banners, hand bills and placards. Streets, sidewalks, etc. Section 31. Be it further enacted, that the mayor and council of the City of Woodbine shall have power and authority to grant franchises for the operation of any public utility whether the same be electric light and power system, gas, water, telephone or other public utility of whatever kind or nature and the said City of Woodbine shall have the right, through its mayor and council, to contract with any such utility for the payment of a percentage of its gross receipts, on the gross receipts from any one type service rendered, within said city in lieu of a fixed license tax; and the said City of Woodbine shall have power and authority to own and operate any such public utility and when so owned the said public utility shall be managed and controlled by the mayor and council through their appointed agents and managers, 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 public utility, and to pass all ordinances necessary for the establishment, operation and control of such public utility. Public utilities. Section 32. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to require any railroad company running railroads through said city or any portion of it, to make and repair such crossings, at said railroad's expense. Railroads. Section 33. Be it further enacted, that the mayor and council of said city shall have the authority to provide for the inspection of steam boilers, to regulate and prevent the storage of all combustible or explosive material or substance within the limits of said city; the building of bonfires and the burning of trash and weeds; to regulate or prevent the said and/or use of fireworks or other explosives, the firing of guns or pistols, and hunting within the corporate limits of said city. Explosives, fires, etc.

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Section 34. Be it further enacted, that said mayor and council have full power and authority to require, by proper ordinance, any person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation, or profession in said city to register such business, profession, calling or trade 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 not to exceed one ($100.00) dollars annually for any one business or ($200.00) two hundred dollars annually for any combination of various types of businesses transacted as one enterprise. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations, required by ordinances to pay 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 taking out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Business licenses. Section 35. Be it further enacted, that said mayor and council shall have power and authority to regulate, prohibit, tax or license billiard tables, pool tables, ten pin alleys, and all other tables and/or coin operated devices and music boxes used for the purpose of playing, gaming or renting; or places for the performance of any game or play, whether played with sticks, balls or rings, or other contrivances; and to charge for said license such sum as they may by ordinance prescribe; the limit imposed by Section 34 of this Act shall not apply to the games, music boxes, etc. as enumerated in this section, and any license authorized in this section shall be in addition to any license allowed under Section 34. Games, music boxes, etc. Section 36. Be it further enacted, that the regular December meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt a tax or license ordinance, for the following year, stipulating

Page 2925

or setting 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, stipulating the amount of such tax or license. Such licenses shall become due and payable on January 1st thereafter and shall be delinquent if not paid before the first day of February and subject to such penalty and interest as shall be provided by ordinance. When such delinquency occurs the city clerk as ex offico tax collector and treasurer shall issue a fi. fa. and such fi. fa. shall constitute a lien on all property owned by the delinquent taxpayer or person liable for said license. 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 Woodbine, without having first procured such license and complied with all other requirements of said City of Woodbine relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax and, upon conviction thereof, in the mayor's or police court of said city, shall be punished as provided in the ordinance authorizing same as allowed by this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm, or corporation, and the levy and sale of property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or license. The mayor and councilmen shall have full power and authority to provide by ordinance, for the classification of all businesses, and to fix the license or taxes to be paid by the different classes of business, and all other rules and regulations necessary and proper in the premises. License ordinance. Violations. Section 37. Be it further enacted, that the mayor and councilmen of said city may revoke the license of and prohibit the operation of, any business and establishment

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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 and in such case the license shall not 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 the mayor and council, the said notice setting forth the time and place of the hearing for the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the said mayor or council whatever evidence he may desire touching upon the question of the revocation of such license. The decision of the mayor and councilmen revoking any such license shall be subject to review only by proper courts in actions to test same. Revocation. Section 38. 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, cattle, goats, and other animals within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound any animals when found running at large upon the streets, or public or private property in said city, and to charge such fees for same as they may by ordinance prescribe, and in addition thereto the charge for the keep and feeding of such animal or animals so impounded; all under regulations and rules as may by ordinance be prescribed by the mayor and councilmen. Animals. Section 39. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to condemn private 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

Page 2927

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 in Title 36 (Eminent Domain) of the Code of Georgia of 1933, and the Acts amendatory thereof. Eminent domain. Section 40. Be it further enacted, that the City of Woodbine, by and through its mayor and councilmen, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane, or other public place in the said town and to improve any street, sidewalk, avenue, alley, lane, or other public place or, any portion thereof in said city, 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. Street and sidewalk improvements. Section 41. 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 public sewerage disposal and drainage, or parts of such system inside said city, and around said city, for health, cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have absolute control and jurisdiction over all pipes, private drains and public sewers, private water closets, privies, septic tanks, cesspools and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city with full power also to require changes in, or the total discontinuance of any such contrivance or structures already in existence, or that may be thereafter allowed. Sewerage and drainage. Sanitation. Section 42. 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 disposal or drainage beyond the limits of said city.

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Section 43. Be it further enacted, that the mayor and council shall have full power and authority to provide a system of garbage collections for said city. The mayor and council may in their discretion have said collections made by regular city employees or may contract for same to be done. To provide funds for said garbage collections the mayor and council are hereby authorized to levy a schedule of garbage collection fees on residence, apartments and business establishments; provided that no residence or apartment shall be charged more than one ($1.00) dollar per month per family and no business house shall be charged more than two ($2.00) per month. The mayor and council are hereby authorized to allow discounts on said assessments when paid annually in advance. Said garbage fees may be collected by levy and sale as other executions. Garbage. Section 44. Be it further enacted, that the mayor and council may by proper ordinances provide such rules as they may deem necessary and proper, for the orderly and economical collection of garbage in the City of Woodbine; they may define routes and designate days that said routes shall be worked; they may provide that each householder or business shall provide suitable container, i.e., garbage cans, bags, boxes, etc., and that all garbage to be collected shall be placed at convenient places on the day such collection shall be made on the route affected; and any other rules that in their discretion will expedite said collections. Nothing herein contained shall be construed as allowing waste products from any mill, shop, packing house or other processing plant to be termed garbage so as to be gathered and disposed of at the city's expense, but such mills, shops, packing houses, etc., shall gather, move and dispose of their own waste, or may contract with the city therefor. Garbage. Section 45. 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 the duty of such board of health to meet as often as necessary,

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or as the mayor and councilmen may prescribe, and to make recommendations to the mayor and councilmen and report all nuisances which are likely to endanger the health of the inhabitants; the mayor and councilmen shall have power, upon report of the board of health, to cause such nuisance to be abated, and the recommendation of said board may be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or the party owning the property upon which same may be located, as the mayor and council may elect, and execution may issue against said persons or property to collect the expense of the abatement of such nuisance, which may be collected by the marshal by levy and sale as other executions. Health regulations. Nuisances. Section 46. Be it further enacted, that the mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire dictrict in said City of Woodbine and to enlarge, change or modify its limits from time to time; to prescribe, by ordinance, rules for building structures therein to the end that the spread of fire may be prevented. Fire protection. Section 47. 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, etc. Section 48. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, either before or after trial, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor, mayor pro tem., or recorder of the said city shall be sufficient authority for his return and trial upon the charge resting against him; and all persons so escaping from the custody of said city, or its officer, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Arrests. Section 49. Be it further enacted, that the mayor and

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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 and said officers paid by proper check drawn on city funds as before provided in this Act. Fee-bill. Section 50. Be it further enacted, that said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances; and for the procedure in such trials. Accusations, warrants, etc. Section 51. Be it further enacted, that the mayor and councilmen of the City of Woodbine shall have full power and authority to pass all laws and ordinances 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 councilmen shall have full power to adopt and enforce any and all ordinances 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 things and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under present or future laws of this State conferring powers upon municipal corporations. General powers. Section 52. Be it further enacted, that the mayor and councilmen of said city shall cause to be codified all ordinances of said City of Woodbine, together with this Act, into one book to be known as The Code of the City of Woodbine. Said mayor and councilmen shall, as soon as practical pass and adopt such Code of the City of Woodbine; and said code or any part thereof shall be admitted in evidence in any of the courts of this State upon the certificate of the clerk of the City of Woodbine, certifying the same to be the code of ordinances or a copy

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of any part thereof of said city. Code. Section 53. 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 such house, building or structure, and to provide for and regulate the type and scope of application for such permit, the mayor and councilmen have power and authority to prohibit the erection of any building, house, or structure within the corporate limits of said city unless such building permit is first obtained prior to the erection of such building, house or structure and/or if such building, house or structure does not meet the requirements of the building code or ordinances of the City of Woodbine, and to provide for the punishment of violations of such rules, regulations and ordinances. Building permits. Section 54. Be it further enacted, that the mayor and councilmen of the City of Woodbine are hereby authorized in the interest of public health, safety, order, convenience, comfort, prosperity and general welfare, to adopt by ordinances a plan or plans for districting or zoning the City of Woodbine for the purpose of regulating, defining and restricting: (a) the location of trades, industries, apartment houses, dwellings or other uses of property; and/or (b) the height and materials of buildings or other structures; and/or (c) the area or dimensions of lots or yards used in connection with buildings or other structures; and/or the alignment of buildings or other structures near street frontages. The zoning may be based upon any one or more of said purposes. The city may be divided into such number of zones or districts, and such districts may be of such shapes and areas, as said mayor and councilmen shall deem best suited to accomplish the intent of zoning regulations. In the determination and establishment of districts and regulations, classification may be based on the nature or character of trade, industry, profession, or other activity conducted or

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to be conducted upon the premises, and within the said zone, the number of persons, families, or other group units to reside in or use buildings, the public, quasi-public, or private nature of the use of premises, or upon any other basis or basis relevant to the promotion of the public health, morals, safety, order, prosperity or welfare. Zoning. Section 55. Be it further enacted, that the said mayor and councilmen shall be empowered, in any district proposed to be set aside primarily for resident purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein, and to provide therein such other or similar regulations and restrictions that shall tend to secure the welfare, public health, morals, safety and good order of the city and residents thereof. Section 56. Be it further enacted, that the said mayor and councilmen shall be empowered to enact by ordinances such rules and regulations as they shall deem necessary and proper to regulate the construction and/or repair of any building or other structure within said city. Such regulations may govern the composition, strength and utility of materials. Such regulations may be based on any one or more of the above named objectives. Building regulations. Section 57. Be it further enacted, that the said mayor and councilmen shall be empowered to regulate by proper ordinances, the installation, reconstruction, replacement, repair and maintenance of septic tanks, cesspools, out-door toilets and/or any other privately owned sewerage disposal device or system. Septic tanks, toilets, etc. Section 58. 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 any note or notes therefor in the name of the city, as may be provided by special resolution or ordinances for that purpose. Loans.

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Section 59. Be it further enacted, that said city, by and through it mayor and council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to 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 authority and to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and Acts amendatory thereof. Revenue anticipation certificates. Section 60. Be it further enacted, that all ordinances heretofore adopted by the mayor and councilmen of the Town of Woodbine, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution or laws 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 Woodbine may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 61. Be it further enacted, that in all places in all sections of this Act, authorizing the marshal or policemen of said city to serve papers, levy executions, sell property or do any other act shall not fail for lack or absence of said officer, the Sheriff of Camden County or any lawful deputy being expressly authorized to act in his or their place and stead. Said sheriff or deputy is hereby given concurrent jurisdiction, in all such matters, with the said marshal or police. Sheriff as marshal. Section 62. Be it further enacted, that said city through its regularly constituted officials may levy a tax upon electric current used or sold in said town and may require any public utility company to cooperate in the collecting of same. Tax on electric current.

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Section 63. Be it further enacted, that said City of Woodbine may at the discretion of the mayor and council, upon proper ordinance, license locally owned automobiles and issue identification tags therefor, provided that said license fees shall not exceed ($2.00) two dollars and provided further that this said license shall not be construed as replacing the ad valorem tax thereon. Automobiles. Section 64. 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 or unconstitutional 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 said court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Woodbine 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. Section 65. Be it further enacted, that the provisions of this charter shall become effective immediately upon passage and signing by the Governor. Section 66. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Camden. Before the undersigned officer authorized by Georgia law to administer oaths and take acknowledgments personally appeared Kenneth L. Harrison who first being sworn states on his oath as follows, to wit: I, Kenneth L. Harrison, am the managing editor of the Camden County Tribune, a weekly newspaper published and circulated

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in Camden County, Georgia, same being the official organ of Camden County, Georgia, and being a newspaper in which the sheriff's advertisements for said county are published, and that the following legal advertisement, to wit: Local Legislation. Notice of Intention to Apply for Local Legislation. Georgia, Camden County. Notice is hereby given that the Town of Woodbine intends to apply for the passage of local legislation at the regular session of the General Assembly of Georgia, convening in January, 1953, to amend the charter of the Town of Woodbine, the title of such bill or bills to be as follows: An Act to amend An Act to incorporate the Town of Woodbine, in the County of Camden, and to grant certain powers and privileges to said town, and for other purposes. as shown on pages 984 et seq. of the Georgia Laws of 1908, and the various Acts amendatory thereto. This the 7th day of January, 1953. /s/ E. D. Drury, Town Clerk The Town of Woodbine By order of the Mayor and Town Council. 1-23-53 has been published in said Camden County Tribune once a week for three weeks during the period of 60 days immediately preceding this date or in the issues of January 9th, 16th and 23rd, 1953. /s/ Kenneth L. Harrison Sworn to and subscribed before me, this 27th day of January, 1953: /s/ Evelyn Colson Sandefur
Page 2936

Notary Public, Georgia, State at Large. My commission expires June 8, 1953. (Seal). Approved March 2, 1953. CARROLL TAX COMMISSIONER'S SALARY. No. 374 (House Bill No. 567). An Act to change the compensation of the Tax Commissioner of Carroll County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Tax Commissioner of Carroll County shall be paid the sum of forty two hundred ($4200.00) dollars per annum, payable in equal monthly installments from the general funds of Carroll County. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced in the 1953 session of the General Assembly of Georgia to increase the salary of the Tax Commissioner of Carroll County. J 8/3 p Publisher's Affidavit. Georgia, Carroll County. Before me, the undersigned, an officer duly authorized by law to administer oaths, this day personally came Jewell R. Dean, who, being first duly sworn, according to law, says that he is the publisher of The Times-Free

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Press, Carrollton, Georgia, a newspaper of general circulation, with its principal place of business in Carroll County, and that there has been deposited with said newspaper the cost of publishing 3 insertions of the attached legal advertisement, and that said advertisement has duly appeared as follows: Jan. 8, 1953; Jan. 15, 1953; Jan. 22, 1953. /s/ Jewell R. Dean Publisher. Subscribed and sworn to before me, this the 10 day of February, 1953. /s/ Sarah Irene Dean Notary Public. My Commission expires Feb. 22, 1955. (Notarial Seal Affixed). Approved March 2, 1953. CITY COURT OF CARROLLTONJUDGES' SALARY. No. 375 (House Bill No. 568). An Act to change the compensation of the Judge of the City Court of Carrollton; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Judge of the City Court of Carrollton shall be compensated in the amount of forty-two hundred ($4200.00) dollars per annum, payable in equal monthly installments out of the treasury of said county. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Publisher's Affidavit. Georgia, Carroll County. Before me, the undersigned, an officer duly authorized by law to administer oaths, this day personally came Jewell R. Dean, who, being first duly sworn, according to law, says that he is the publisher of The Times-Free Press, Carrollton, Georgia, a newspaper of general circulation, with its principal place of business in Carroll County, and that there has been deposited with said newspaper the cost of publishing 3 insertions of the attached legal advertisement, and that said advertisement has duly appeared as follows: Jan. 22, 1953, Jan. 29, 1953, Feb. 5, 1953. /s/ Jewell R. Dean Publisher. Subscribed and sworn to before me, this the 6th day of February, 1953. /s/ Sarah Irene Dean Notary Public. (Seal). My commission expires February 22, 1955. Notice of Intention to Apply for Local Legislation. Georgia, Carroll County: Notice of Local Legislation. Notice is hereby given as provided by the Constitution of the State of Georgia, that a bill will be introduced at the next session of the General Assembly of the State of Georgia amending the Act creating the City Court of Carrollton so as to increase the salary of the Judge of the City Court as provided by said Act and all amendatory Acts thereof. This the 21st day of Jan., 1953. J 22/3 p Approved March 2, 1953.

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FRANKLIN SPRINGS CHARTER AMENDED. No. 376 (House Bill No. 600). An Act to amend an Act entitled, An Act to incorporate Franklin Springs in the County of Franklin and State of Georgia, to grant certain privileges to said city; to prescribe and define its corporate limits; to provide for the election of a mayor and council of said city; to prescribe their duties, powers, qualification, and manner of of their election and terms of their offices; to provide for the government of said city; to provide for the exercise of the right of eminent domain in and by said city; to provide a system of taxation for said city, and for other purposes, approved July 22, 1924 (Ga. Laws 1924, p. 561), so as to change the corporate limits of the City of Franklin Springs; to provide that the Mayor and Council of Franklin Springs may enter into contract with any person, corporation, or municipality for the purchase of water for the use of the citizens of Franklin Springs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled, An Act to incorporate Franklin Springs in the County of Franklin and State of Georgia, to grant certain privileges to said city; to prescribe and define its corporate limits; to provide for the election of a mayor and council of said city; to prescribe their duties, powers, qualification, and manner of their election and terms of their offices; to provide for the government of said city; to provide for the exercise of the right of eminent domain in and by said city; to provide a system of taxation for said city, and for other purposes, is hereby amended by striking Section 4 in its entirety, and inserting in lieu thereof a new Section 4, which shall read as follows: The corporate limits of Franklin Springs shall extend six-tenths (.6) of a mile from the northeast corner of the

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store known as `Strickland Store,' which is located approximately three hundred (300) yards west southwest of the intersection of the street known as `Kings Drive' and United States Highway 29, and approximately one hundred (100) yards north northeast of the intersection of the street known as `Chandler Street' and United States Highway 29, in every direction; so that said incorporated boundary shall be circular, with the northeast corner of said building as the center and extending six-tenths (.6) of a mile in every direction from said corner. Section 2. Said Act is further amended by inserting at the end of Section 15 the sentence, The Mayor and City Council of Franklin Springs is authorized to make a contract with any person, corporation, or municipality, to provide water for the citizens of Franklin Springs., so that said section, when so amended, shall read as follows: Be it further enacted, that the mayor of said City of Franklin Springs shall be chief executive officer of said city. He shall see that the laws, ordinances, rules are faithfully enforced and executed. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of mayor and council if present. The Mayor and City Council of Franklin Springs is authorized to make a contract with any person, corporation, or municipality, to provide water for the citizens of Franklin Springs. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. 1/29/53 Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 General Assembly a bill to extend the city limits of Franklin Springs, Georgia.

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Also to introduce a bill to permit Franklin Springs, Georgia, to buy water from Royston, Georgia. This 17th day of January, 1953. J. Weldon Williams, Sr., Representative, Franklin County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Weldon Williams, Sr., who, on oath, deposes and says that he is Representative from Franklin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carnesville Herald, which is the official organ of Franklin County, on the following dates: January 29, 1953, February 5, 1953, and February 12, 1953. /s/ J. Weldon Williams, Sr. Representative, Franklin County. Sworn to and subscribed before me, this 16 day of February, 1953. /s/ Walter Harrison Notary Public. Approved March 2, 1953. MACONLAND CONVEYANCE CONFIRMED. No. 378 (Senate Bill No. 138). An Act to ratify and confirm the action of the Mayor and Council of the City of Macon as shown by the minutes of its meeting on the 31st day of March 1884, granting to W. C. Singleton, his heirs and assigns, an encroachment into Spring Street as described in a deed executed by the Mayor and Council of the City of Macon, Felix

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Corput, Mayor, on April 2nd 1884 and recorded in Clerk's Office, Bibb Superior Court in Deed Book HH, folio 730, and to vest title in David W. Thornton, the present owner of a part of said encroachment, he being successor in title to W. C. Singleton, 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 meeting of the 31st day of March, 1884, granting to W. C. Singleton and his assigns an encroachment into Spring Street as described in a deed executed by the Mayor and Council of the City of Macon, Felix Corput, Mayor, on April 2nd, 1884 and recorded in Clerk's Office, Bibb Superior Court in deed book HH, folio 730, David W. Thornton being the present owner of a part of said encroachment and being successor in title to W. C. Singleton, to the following described property: Conveyance to W. C. Singleton. That parcel of land in the City of Macon, County of Bibb and State of Georgia, being a part of Lot 6 in Square 68 Old City as enlarged by encroachments into Spring Street granted previously by the Mayor and Council of the City of Macon, being more particularly described as beginning at a point on the present line of Spring Street 50 feet southwest of the line of the 20-foot alley which runs through said Square 68 from New to Spring Streets, and running thence in a northeasterly direction along the present line of Spring Street a distance of 50 feet to the line of said 20-foot alley and with this width running back in a southeasterly direction along the line of said alley a distance of 80 feet to a point 5 feet northwest of the original property line of said Lot 6; being a lot 50 feet by 80 feet in the corner of Spring Street and said 20-foot alley, be, and the same is hereby ratified and confirmed, and the title to the part of said encroachment as above described, now owned by David W. Thornton, successor in title to W. C. Singleton, is hereby confirmed. Section 2. Be it further enacted by the authority

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aforesaid that the said conveyance of April 2nd 1884 executed by the said City of Macon to W. C. Singleton, his heirs and assigns, be, and it is hereby sanctioned and confirmed as a valid and legal conveyance so as to fully and effectually vest title to the part of said encroachment described in Section 1 above in David W. Thornton, present owner of said part of said encroachment and successor in title to W. C. Singleton. Confirmation. 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. Section 4. There is attached to and made a part of this Act a copy of the notice published in the Macon News, the newspaper in which the sheriff's advertisements for Bibb County are published, certified by the publisher's duly authorized checking clerk, who certifies that said notice has been published as required by law. Affidavit of publication attached to enrolled copy. Approved March 2, 1953. LINCOLN COUNTY TAX RECEIVER'S COMPENSATION. No. 382 (House Bill No. 612). An Act to supplement the fees of Tax Receiver of Lincoln County; to provide for invalidating date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Tax Receiver of Lincoln County shall be compensated in the amount of three hundred

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($300.00) dollars per annum from the funds of said county, in addition to the fees and commissions received by said tax receiver. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become void and no longer of force and effect on the first day of January, 1954. Notice of Intention to Introduce Legislation. Notice is hereby given that I intend to introduce a local bill providing supplementary remuneration for the Tax Receiver of Lincoln County, Georgia, to partially make up for the commission losses sustained in that office by recent revisions of the State tax structure and other commission reductions occasioned by loss of assessments on the county tax digest. This January 27, 1953. John P. Drinkard, Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John P. Drinkard, who, on oath, deposes and says that he is Representative from Lincoln County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal, which is the official organ of Lincoln County, on the following dates: January 29, 1953, February 5, 1953, and February 12, 1953. /s/ John P. Drinkard Representative, Lincoln County. Sworn to and subscribed before me, this 17 day of February, 1953. /s/ Mary J. Doster Notary Public Approved March 2, 1953.

Page 2945

CARROLLTON CHARTER AMENDED. No. 384 (House Bill No. 544). An Act to amend an Act approved August 1, 1929, (Ga. Laws 1929, pp. 907), entitled: An Act to amend an Act to establish a charter for the City of Carrollton, Georgia, approved September 9, 1891, and all Acts amendatory thereto; to prescribe the duties of the mayor of the City of Carrollton, the clerk; to provide for a recorder of the City of Carrollton and to define his duties; to prescribe the time of closing the tax books of said City of Carrollton, Georgia, that all taxes due City of Carrollton, Georgia, unpaid on December 20th of each year, must bear interest at the rate of seven per centum per annum, and to prescribe the manner and time of enforcing the collection of said taxes in said city; to amend an Act of the General Assembly of the State of Georgia approved August 7, 1912, amending the Act of November 26, 1886, establishing a system of public schools for the City of Carrollton, and the several Acts amendatory thereof, so as to provide for the rate of taxation for school purposes of said city not to exceed sixty-five one-hundreths of one percent per annum, so as to provide that the salary of the Clerk of the City of Carrollton, Georgia shall be in the discretion of the mayor and city council and to remove the $250.00 per month limiation thereon; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. Section 1. That Section 1, paragraph 2 (a) of the Act approved August 1, 1929, (Ga. Laws, 1929, pp. 907) shall be amended by striking from the last sentence of the said subparagraph the words, however, in no event shall same exceed two hundred fifty dollars per month,

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so that the last sentence of said subparagraph shall read as follows: The clerk must devote his entire time to the affairs of the City of Carrollton, and shall be paid such salary as may be fixed by the Mayor and City Council of Carrollton. Clerk. Section 2. Be it further enacted, that all 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 local legislation at the regular session of the General Assembly of the State of Georgia which meets on the second Monday in January, 1953, to provide that the salary of the Clerk of the City of Carrollton shall be in the discretion of the mayor and city council; to remove the $250.00 per month limitation thereon; and for other purposes. Mayor and City Council of Carrollton. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Jewel R. Dean, who, after being duly sworn says that he is editor of the Times Free Press, legal organ for the County of Carroll for the year of 1953 and the foregoing was published in said paper on the 22nd, 29th, days of January and the 5th day of February, 1953, as provided by law. /s/ Jewell R. Dean. Sworn to and subscribed before me, this 9th day of February, 1953. /s/ Sarah Irene Dean, Notary Public. (Seal). Approved March 2, 1953.

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ORDINARY'S SALARY IN CERTAIN COUNTIES. No. 389 (House Bill No. 554). 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, as amended by an Act approved February 17, 1950 (Ga. Laws, 1950, pp. 2868 et seq.) and by an Act approved January 30, 1951 (Ga. Laws, 1951, pp. 12 et seq.), which amendatory Act provides that the governing authority of such counties is authorized and directed to, and shall pay to the ordinary in each such county an annual salary of $11,000.00 per annum, to provide that the governing authority of such counties is authorized and directed to, and shall pay to the ordinary in each such county an annual salary of $12,000.00 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 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, as amended by an Act approved February 17, 1950 (Ga. Laws, 1950, pp. 2868 et seq.) and by an Act approved January 30, 1951 (Ga. Laws, 1951, pp. 12

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et seq.) which amendatory Act provides that the governing authority of such counties is authorized and directed to, and shall pay to the ordinary in each such county an annual salary of $11,000.00 per annum, be and it is hereby amended by striking from the last line of Section 1 of said amended Act the figures $11,000.00 and by inserting in lieu thereof the figures $12,000.00 so that said Section 1, as amended, shall read: Section 1. That from and after the passage and approval of this Act the commissioner or commissioners of roads and revenues, or other authority having control of the expenditure of county funds in all counties of the State of Georgia having a population of not less than 300,000 by the Federal census of 1940, or any future Federal census, is authorized and directed to, and shall pay to the ordinary in each such county an annual salary of $12,000.00, payable in equal monthly installments. Counties. Salary. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 2, 1953. RANDOLPH TAX COMMISSIONER. No. 390 (House Bill No. 419). An Act to consolidate the office of Tax Receiver and the office of Tax Collector of Randolph County into the office of Tax Commissioner; to provide the term of office; to provide for the election of the tax commissioner; to provide for the method of filling vacancies; to provide the rights, duties and liabilities of the office; to provide for compensation of the office; to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect and be collectible as issued; to provide for giving bond; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. The office of Tax Receiver and the office of Tax Collector of Randolph County are hereby consolidated into the office of Tax Commissioner of Randolph County. The rights, duties and liabilities of said tax commissioner shall be the same as those heretofore incumbent upon the tax receiver and tax collector. All laws applicable to tax receivers and tax collectors shall likewise be of full force and effect relating to the tax commissioner insofar as the same are applicable. Tax Commissioner. Section 2. The taxes now due and payable and all tax fi. fas. heretofore issued by the Tax Collector of Randolph County and all taxes which may become due before January 1, 1957 and all tax fi. fas. which in the future may be issued prior to January 1, 1957 shall have full force and effect and be collectible as issued. Section 3. The said tax commissioner is authorized to employ such assistants as he deems necessary to perform the duties of his office and such employees shall be paid by the tax commissioner out of the fees paid to him for receiving and collecting taxes. Assistants. Section 4. The said Tax Commissioner of and for Randolph County, Georgia, shall be compensated for his services on a fee basis, and he shall receive all fees and commissions for receiving and collecting taxes which are now paid the tax receiver and the tax collector by the County of Randolph, the State of Georgia, and other taxing units for which he may collect taxes. Said Tax Commissioner of and for Randolph County, Georgia, shall also receive as a part of his compensation any and all fees that may be hereafter provided for tax receivers and tax collectors, for receiving and collecting either special, ad valorem, occupation, or other tax or license of any nature whatever. Compensation. Section 5. The commissioners of roads and revenues shall provide for and furnish to the tax commissioner an

Page 2950

office to be located in the Randolph County courthouse. The tax commissioner is hereby required to keep said office open every business day for the transaction of the business of his office. The tax commissioner shall not be required to leave his office for the purpose of receiving or collecting taxes. Office. Section 6. The first election for the office of tax commissioner created hereunder shall be held at the same time as the general election for other county officers is held in 1956 and the person so elected shall take office on January 1, 1957 for a term of four (4) years. The tax commissioner shall be elected as other county officers are elected and shall have the same term of office. Should any vacancy occur in said office, the vacancy shall be filled as vacancies are now filled in the office of tax collector. Election and term. Section 7. Until January 1, 1957 the Tax Receiver and the Tax Collector of Randolph County shall continue in office and perform their respective duties relating to receiving and collecting taxes. Section 8. The tax commissioner, before entering upon the duties of his office, shall take the oath now prescribed by law for the tax receiver and tax collector and shall give bond as now required of the tax collector, the cost of said bond to be paid by the Commissioners of Roads and Revenues for Randolph County. Oath, bond. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Ad. Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made at the next General Assembly of Georgia in January 1953, for the passage of the following bill; An Act to consolidate the offices of Tax Receiver and Tax Collector for Randolph County in the office of Tax Commissioner

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for Randolph County; to provide for the duties, powers, and liabilities of said tax commissioner; said consolidation to become effective January 1, 1957. This 6th day of January, 1953. B. B. Joiner, Chairman of the Commissioners of Roads and Revenues for Randolph County. (1-7-3tc) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. M. Wooten, who, on oath, deposes and says that he is Representative from Randolph County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times, which is the official organ of Randolph County, on the following dates: Jan 9, 1953, Jan. 16, 1953 and Jan. 23, 1953. /s/ J. Mercer Wooten Representative, Randolph County. Sworn to and subscribed before me, this 29 day of January, 1953. /s/ Geo L. Sand II Notary Public Approved March 2, 1953. CARROLLTON CHARTER AMENDED. No. 391 (House Bill No. 570). An Act to amend an Act approved September 9, 1891, creating Charter of City of Carrollton, Ga. Laws 1891, pp. 474), and Acts amendatory thereto, to repeal an

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Act approved August 9, 1904, creating a Water and Light Commission of Carrollton, (Ga. Laws 1904, pp. 401), and amendatory Acts thereto; to provide for the water and sewerage systems of Carrollton to be operated and maintained by the Mayor and City Council of Carrollton; to provide for all funds received for water and sewerage services to be kept in a special fund separate from other funds received by the City of Carrollton, to provide the priority of payment out of funds received from water and sewerage services; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. Section 1. That the Act approved August 9, 1904, creating a Water and Light Commission for the City of Carrollton (Ga. Laws 1904, pp. 401), and all amendatory Acts thereto are hereby repealed. Act of 1904 repealed. Section 2. Be it further enacted that from and after the effective date on this Act the Mayor and City Council of Carrollton by and through such engineers, servants and employees as may in their discretion be necessary shall be chargeable with the full duties to operate, maintain, extend, enlarge and repair the water works system and the sewerage system of the City of Carrollton so as to provide the City of Carrollton with a complete and adequate water works system and sewerage system. Water works and sewerage. Section 3. Be it further enacted that all funds received from the water and sewerage systems shall be kept separate from the other funds of the City of Carrollton and made available to the Mayor and City Council of the City of Carrollton: First, to maintain operate and repair the said systems; second, to meet payment of any and all legal revenue anticipation certificates, outstanding as of the effective date of this Act or to be legally incurred in the future, or other valid indebtedness of the said water and sewerage systems; third, to such extensions, improvements, or enlargements of the said systems as may in the discretion of the said mayor and city council

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be necessary; fourth, any surplus to be turned over to the general fund of the Mayor and City Council of Carrollton, to be used to meet general obligations of the City of Carrollton: Provided that no funds shall be paid into the general fund of the City of Carrollton under this last provision unless the same shall be unanimously approved by the mayor and city council at a regular meeting of the said mayor and city council. Funds. Section 4. Be it further enacted that this Act shall become effective on October 5, 1953. Section 5. Be it further enacted that all 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 local legislation at the regular session of the General Assembly of the State of Georgia which meets on the second Monday in January 1953, to repeal the Act creating the Water and Light Commission of the City of Carrollton, to provide that all of the duties and responsibilities of the said Water and Light Commission be vested in the Mayor and City Council of Carrollton, to provide that this Act become effective at the end of the term of the present water and light commission; and for other purposes. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Stanley Parkman, who, after being duly sworn says that he is editor of the Carroll County Georgian, legal organ for the County of Carroll for the year of 1952 and the foregoing was published in said paper on the 24th, and 31st days of December, 1952, as provided by law. /s/ Stanley Parkman Sworn to and subscribed before me, this 12 day of Jan., 1953.

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/s/ Wilma H. Upchurch, Georgia State at Large Notary Public. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Jewell R. Dean, who after being duly sworn says that he is editor of the Times Free Press, legal organ for the County of Carroll for the year 1953 and the foregoing was published in said paper on the 15th day of January, 1953, as provided by law. /s/ Jewell R. Dean Sworn to and subscribed before me, this 16th day of January, 1953. /s/ Sarah Irene Dean Notary Public (Notarial Seal Affixed). Approved March 2, 1953. LAW BOOKS TO COOK COUNTY. No. 33 (Senate Resolution No. 32). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Cook County, without cost to said county, certain law books; and for other purposes. Whereas, there are missing from the library of the Superior Court of Cook County certain law books; and Whereas, the business of said court is hampered and delayed because of the lack of such books; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby

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authorized and directed to furnish to the Superior Court of Cook County, without cost to said county, the following law books: One volume each of Volumes 1, 2, 3, 5, 6, 7, 8, 11, 12, 15, 16, 17, 18, 21, 22, 24, 25, 30, 31, 32, 69, 73, 75, 88, 91, 92, 93, 97, 104, 106, 107, 112, 114, 119, 121, 122, 124, 127, 128, 129, 130, 133, 136, 138, 139, 140, 141, 142, 143, 144, 147, 150, 151, 153, 154, 156, 159, 166, 169, 171, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 187, 190, 191, 194, 196, 197, 199, 203, and 208, of the Georgia Reports. One volume each of Volumes 1, 2, 3, 5, 7, 8, 10, 11, 12, 25, 26, 27, 28, 35, 36, 37, 38, 41, 42, 44, 45, 46, 49, 50, 57, 60, 63, 67, 68, 70, and 85 of the Georgia Appeals Reports. Two volumes each of Volumes 4, 9, 10, 13, 14, 19, 20, 23, 26, 27, 28, 29 of the Georgia Reports. Two volumes each of Volumes 29 and 30 of the Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the above books, the Governor is hereby authorized to draw his warrant for the amount required for the same on any unappropriated funds in the State treasury. Approved March 2, 1953. COMPENSATION TO MRS. NINA BARNES BELCHER FOR INJURIES. No. 34 (Senate Resolution No. 17). A Resolution. Authorizing payment to Mrs. Nina Barnes Belcher for

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medical expenses and property damage; and for other purposes. Whereas, on the 30th day of December, 1951, Mrs. Nina Barnes Belcher, a lifelong resident of Newton County, Georgia, was riding in her automobile driven by her granddaughter along State Highway No. 213 between Starrsville and Covington in Newton County, Georgia; and Whereas, the bridge across the Alcova River on Route 213 was equipped with runners which were in defective condition, which defect had been previously reported by other travelers along said highway; and Whereas, the car owned by Mrs. Belcher and operated by her granddaughter with due caution when crossing said bridge, ran off the runners causing an accident in which said automobile was damaged and Mrs. Belcher was injured; and Whereas, said accident was due wholly to the defective condition of said bridge and without any negligence on the part of Mrs. Belcher or the operator of her automobile; and Whereas, as a direct result of said accident the following expenses were incurred by Mrs. Belcher: New 1951 Chevrolet repair Apprx. $ 400.00 Piedmont Hospital 567.75 Dr. Charles F. Stone 190.00 Dr. J. R. Sams 43.00 Dr. Lawson Thornton 50.00 Drugs (Peoples Drug Store) 116.77 Shots: (Insulin) (270) 270.00 B 12 (46) 92.00 Nerve (24) 48.00 Ambulance 15.00 Trips to Atlanta (15) 150.00 Total $1,542.52

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Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the State Highway Department is hereby ordered and directed from any funds available under present appropriations to pay to the said Mrs. Nina Barnes Belcher the sum of one thousand five hundred forty-two and 52/100 dollars ($1,542.52), as compensation for expenses incurred as a result of said accident. Approved March 2, 1953. COMPENSATION TO EMORY R. KENT FOR INJURIES TO AUTOMOBILE. No. 35 (Senate Resolution No. 29). A Resolution. Whereas, Emory R. Kent of Preston, Webster County, Georgia was employed by the State Highway Department on the 3rd day of February 1953 as a night watchman at the bridge construction site on Highway 280 about one mile west of Preston, Georgia, and Whereas, under the instruction of Mr. J. C. Crews, also employed by the State Highway Department, Mr. Kent parked his automobile near the bridge construction in the position directed by said highway personnel, and Whereas, during the night of said February 3, 1953, an automobile traveling along State Highway 280 toward Richland struck and completely demolished the Ford automobile belonging to said Emory R. Kent and did damage thereto in the amount of $1,000. Now, therefore, be it resolved by the Senate, the House concurring that the State Highway Department be directed to pay the said Emory R. Kent the sum of $1,000 as damages suffered to his automobile. Approved March 2, 1953.

Page 2958

JUDGES' AND SOLICITOR-GENERALS' RETIREMENT SYSTEM OF FULTON COUNTY. No. 392 (House Bill No. 485). An Act to amend an Act to provide for the retirement of the Judges and the solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, under certain terms and conditions as prescribed in this Act; to provide that such judges and solicitor-general may, after having served continuously in either or both offices for twenty (20) years, be, at his or their option, entitled to retire by filing with the Governor of Georgia a declaration in writing, advising the Governor that such judges or solicitor-general are retiring under the provisions of this Act; to provide that upon such retirement the said judge or judges and/or solicitor-general shall be paid for and during the remainder of his life, by Fulton County, Georgia, and/or its authority, a retirement salary which shall be in each instance, a sum equal to one-half of the salary of such retiring judge or solicitor as he or they may be receiving under the law at the time of his or their retirement; to provide the manner and method of its payment; to create the Judge's and Solicitor-General's Retirement Fund of Fulton County; to provide for trustees thereof; to provide for payments into and disbursements from said fund; to repeal all laws in conflict herewith and for other purposes, approved January 31, 1946, as heretofore amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act entitled An Act to provide for the retirement of

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the Judges and the Solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, under certain terms and conditions as prescribed in this Act; to provide that such judges and solicitor-general may, after having served continuously in either or both offices for twenty (20) years, be, at his or their option, entitled to retire by filing with the Governor of Georgia a declaration in writing, advising the Governor that such judges or solicitor-general are retiring under the provisions of this Act; to provide that upon such retirement the said judge or judges and/or solicitor-general shall be paid for and during the remainder of his life, by Fulton County, Georgia, and/or its authority, a retirement salary which shall be in each instance, a sum equal to one-half of the salary of such retiring judge or solicitor as he or they may be receiving under the law at the time of his or their retirement; to provide the manner and method of its payment; to create the Judges' and Solicitor-General's Retirement Fund of Fulton County; to provide for trustees thereof; to provide for payments into and disbursements from said fund; to repeal all laws in conflict herewith and for other purposes, approved January 31, 1946, as heretofore amended, be and the same is hereby amended by substituting a comma for the period at the end of the last sentence of Section 1 of said Act and by adding thereafter as a part of the last sentence of Section 1 of said Act the following language, to wit: and said terms shall mean any twenty (20) years of continuous service regardless of whether said period of continuous service does or does not continue up to and terminate with the date of retirement under this Act. so that the terms twenty (20) continuous years and twenty (20) years as used in said Act as originally enacted shall be defined to mean, and to have meant, any twenty (20) years of continuous service on the part of any judge or solicitor-general eligible to retire under said Act after twenty years of continuous service as such, regardless of whether any such period of continuous service

Page 2960

does or does not continue up to and terminate with the date of retirement under said Act. Service. Section 2. The purpose and effect of this Act is to define said terms as used in the aforesaid Act as originally enacted, and the right to retire under said Act, as amended, of all persons who have heretofore retired or undertaken to retire, or who may hereafter retire or undertake to retire, under said Act, as amended, in the manner set forth and provided for therein, shall be determined in accordance with the definition of said terms as set forth herein. Legislative intent. Section 3. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 4. Be it further enacted by 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 III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice is hereby 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 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 following is a true copy, was published in said paper on the 24th and 31st days of December, 1952 and on the 7th and 14th days of January, 1953 as provided by law.

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/s/ Frank Kempton Frank Kempton Sworn to and subscribed before me, this 5 day of Feb., 1953. /s/ Robert B. Troutman, Jr. Notary Public Fulton County, Ga. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will apply to the next session of the General Assembly of Georgia, which convenes on January 12, 1953, to amend the Act approved on January 31, 1946, (Ga. Laws 1946, p. 299) which provides for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County, and the Judges of the Juvenile Court of Fulton County upon the terms and conditions stated and set forth therein, as heretofore amended, and all Acts amendatory thereto, by defining terms used therein, providing rules for the construction thereof, and for other purposes. This December 17, 1952. /s/ Hoke Smith, Representative in Fulton County in General Assembly. Dec 24 31 Jan 7 14 Approved March 3, 1953. ROYSTONGAS DISTRIBUTION SYSTEM. No. 396 (House Bill No. 525). An Act to amend an Act approved December 10, 1937, incorporating the City of Roberta, in Crawford County, and all Acts amendatory thereto; and conferring upon

Page 2962

the City of Roberta the right, power and authority to grant privileges and franchises to any other municipal corporation to own and operate natural gas distribution systems within the corporate limits of the City of Roberta, and to ratify any such privilege or franchise heretofore granted by the City of Roberta; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act: Section 1. The City of Roberta shall have the right, power and authority to grant privileges and franchises to any other municipal corporation to own and operate natural gas distribution system within the corporate limits of the City of Roberta. Gas system. Section 2. Be it further enacted by the authority aforesaid that any such privilege and franchise heretofore granted by the City of Roberta be, and the same are hereby ratified and affirmed. Section 3. Be it further enacted by the authority aforesaid that if any portion of this Act shall be held invalid, the whole of this Act shall not thereby become void, but only so much of the same as may be declared void. Section 4. Be it further enacted by the authority aforesaid that the notice of application for passage of this bill, said notice of application for passage of this bill, said notice being hereto attached and said notice having been published in the Georgia Post, Knoxville, Georgia, the newspaper in which the sheriff's advertisements for said locality are published in the issues of January 8th, 15th and 22nd, 1953, be and the same is hereby made a part and parcel of this Act. Section 5. 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.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that it is the intention of the undersigned to appeal to the 1953 General Assembly of Georgia, next, for the passage of a bill: 1. To provide that the City of Roberta, Georgia, shall have the right, power and authority to grant privileges and franchises to any other municipal corporation, to own and operate natural gas distribution systems within the corporate limits of the City of Roberta, and to ratify any such privilege or franchise heretofore granted by the City of Roberta. 2. To amend or either repeal, either or both, all existing laws necessary to provide for such change in the charter of the City of Roberta above mentioned. This 3rd day of January, 1953. /s/ R. Clifton Murphey R. Clifton Murphey As Representative from Crawford County, House of Representatives. Georgia, Crawford County. I, Annie Moncrief, do hereby certify that I am the editor of the Georgia Post in Knoxville, Georgia, said newspaper being the newspaper in which the sheriff's advertisements for the City of Roberta are published and that the notice hereto attached concerning the application for an Act to amend the charter of the City of Roberta was published in the issues of January 8th, 15th, and 22nd, 1953, of the Georgia Post. /s/ Annie Moncrief Sworn to and subscribed before me, this 3 day of February, 1953. /s/ Geo. B. Culpepper III Notary Public, Peach County, Ga. My commission expires 8/21/54 Approved March 3, 1953.

Page 2964

CITY COURT OF LA GRANGE JUDGE'S SALARY. No. 398 (House Bill No. 401). An Act to amend an Act amending an Act entitled An Act to establish the City Court of LaGrange in Troup County, Georgia; to define its jurisdictional 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 for carrying cases from said city court to the Supreme Court by bills of exceptions or writ of error, approved December 15, 1899, (Ga. Laws 1899, p. 385), and all amendatory Acts thereof. The Act being here amended was approved February 25, 1949 (Ga. Laws 1949, p. 1947), by amending Section Two (2) of said last amending Act, as amended, so as to change and raise the salary of the Judge of the City Court of LaGrange, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section Two (2) of the Act approved February 25, 1949 (Ga. Laws 1949, p. 1497), fixing the salaries of the Judge and Solicitor of the City Court of LaGrange is hereby amended by striking the figures and words $3500.00 per annum in the third line of said Section 2 of said amending Act, as amended, and substituting in lieu thereof the figures and words $6,000.00 per annum beginning January 1, 1953, so that said section as amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid that the salary of the Judge of said City Court of LaGrange shall be $6,000.00 per annum beginning

Page 2965

January 1, 1953, which said salary shall be paid monthly by the Treasurer of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Commissioners of Troup County to make provisions annually in levying taxes for this purpose. Said Judge of said City Court shall be and is hereby prohibited from practicing law in any of the courts of Troup County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Wm. A. Coker who being duly sworn, deposes and says that he is the general manager of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Legal 5442 Dec. 12 19 26 Notice of Local Legislation. Notice is hereby given that pursuant to Paragraph 15 of Article 3 of the Constitution of Georgia (Code Sec. 2-1915) that there will be introduced in the General Assembly of Georgia during the regular session of 1953 beginning January 12, 1953 a local bill, the title of which is as follows: An Act to amend an act entitled An Act to establish the City Court of LaGrange in Troup County; to define its jurisdictional powers; to provide for the appointment of a judge and other officers thereof, and to define their

Page 2966

powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from the said City Court to the Supreme Court by bill of exceptions or writ of error, approved December 15, 1899, all amendatory Acts thereof; the Act being amended having been approved February 25, 1849, by amending Section 2 of said amending Act so as to change and raise the salary of the Judge of the City Court of LaGrange, and for other purposes. This 10th day of December, 1952. M. E. Groover, Frank C. Birdsong, Representatives for Troup County, Ga. has been published in said LaGrange Daily News, to wit: Dec. 12, 1952, Dec. 19, 1952, Dec. 26, 1952, being 3 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker, General Manager. Sworn and subscribed before me, this 8 day of Jan. 1953. /s/ Eleanor H. Orr Notary Public, Troup County. (Seal). Approved March 3, 1953. COMPENSATION TO H. L. SEXTON FOR DAMAGES TO AUTOMOBILE. No. 48 (House Resolution No. 9-42c). A Resolution. To provide funds to compensate H. L. Sexton for damages

Page 2967

to his automobile caused by the negligent operation of a truck of the Georgia Forestry Department on the City of Gainesville parking lot in Hall County, Georgia, on July 22, 1952. Whereas, the 1942 Studebaker of H. L. Sexton was parked on the City of Gainesville parking lot at the corner of West Washington and Myrtle Streets in Hall County, Georgia, on July 22, 1952; and Whereas, a large tractor trailer truck of the Georgia Forestry Department, driven by Joe Faulk, Jr., of Dry Branch, Georgia, and being approximately sixty (60) feet from the parked automobile of H. L. Sexton, did, without any warnings or signals whatsoever, and in absolute disregard of the property and safety of others, back said tractor trailer into and upon the automobile of said H. L. Sexton which was occupied by his daughter, Mrs. Estelle Mooney, and inflicted damage to the right front door, right rear door, right center door post, right front glass, and right and left front wheels, to the extent of one-hundred eighty dollars and fifty-eight cents ($180.58); and Whereas, said damage resulted from the negligence of the said employee of the State Forestry Department in giving no signal or warning; and Whereas, no reimbursement has been made to the said H. L. Sexton, and it is only right and proper that he be reimbursed for damages incurred by reason of the negligence of an employee of the State Forestry Department in the performance of his work; Now, therefore, be it resolved by the General Assembly of the State of Georgia, and it is hereby resolved by the authority of the same: That the Forestry Department is hereby directed to pay to H. L. Sexton the sum of one-hundred eighty dollars and fifty-eight cents ($180.58) from any lawful funds previously appropriated. Approved March 3, 1953.

Page 2968

COMPENSATION TO B. M. BOYD FOR DAMAGE TO AUTOMOBILE. No. 51 (House Resolution No. 160-578b). A Resolution. Authorizing compensation to Mr. B. M. Boyd for damage to his automobile; and for other purposes. Whereas, on December 10, 1952, Mr. B. M. Boyd legally parked his automobile on Broad Street in the City of Monroe; and Whereas, on the same day the Georgia Bureau of Investigation was in pursuit of a motor vehicle illegally transporting intoxicating liquor down Broad Street in the City of Monroe; and Whereas, the Georgia Bureau of Investigation, upon approaching the parked automobile of Mr. B. M. Boyd, began forcing said motor vehicle to the side of said street; and Whereas, this action taken by the Georgia Bureau of Investigation forced said motor vehicle into the rear of Mr. B. M. Boyd's automobile, damaging his automobile severely; and Whereas, the accident occurred through no fault whatsoever on the part of Mr. B. M. Boyd and it is only just and proper that he be compensated for damage to his automobile; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety is hereby ordered and directed to pay the sum of three hundred nineteen dollars

Page 2969

seventy-one cents ($319.71) to Mr. B. M. Boyd as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 3, 1953. COMPENSATION TO DONALD R. WATERS FOR LOSS OF HOG. No. 55 (House Resolution No. 87-289c). A Resolution. To compensate Donald R. Waters, Route 1, Odum, Georgia, for the loss of a hog; and for other purposes. Whereas, in December, 1952, on Lanes Bridge Road, near Odum, Georgia, a bus used to transport State prisoners ran into and killed a hog valued at sixty ($60.00) dollars, belonging to Donald R. Waters, Route 1, Odum, Georgia, and Whereas, no compensation has been paid to Mr. Waters, and it is only just and proper that he be compensated therefor, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Corrections is hereby authorized and directed to pay the sum of sixty ($60.00) dollars to Mr. Donald R. Waters, Route 1, Odum, Georgia, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 3, 1953.

Page 2970

COMPENSATION TO B. T. RAULERSON FOR DAMAGE TO AUTOMOBILE. No. 56 (House Resolution No. 59-255c). A Resolution. Whereas, on the 5th day of May, 1952, B. T. Raulerson, of Hortense, Georgia, was traveling west at approximately 4:00 o'clock p.m. on State Route No. 32 approximately one-half mile west of the Village of Hortense in an automobile owned by said B. T. Raulerson; and Whereas, Allen Ottis Courson, an employee of the State Highway Department, while driving a truck of the State Highway Department traveling west on State Route 32, had a collision with the car of said B. T. Raulerson, and Whereas, the car of the said B. T. Raulerson was demolished and damaged, and Whereas as a result of said accident the said B. T. Raulerson has sustained pecuniary loss of his automobile in an amount of $238.89, and Whereas the accident was caused by the grossly negligent operation of a State Highway Department truck by the aforesaid Allen Ottis Courson, and Whereas the said Allen Ottis Courson, the employee of the State Highway Department, entered a plea of guilty in the court of Ordinary of Brantley County on May 6, 1952, to the offense of reckless driving growing out of said accident, and Whereas the said Allen Ottis Courson was at the time of the accident actually engaged in the duties as a truck driver for the State Highway Department, and Whereas, said B. T. Raulerson has no remedy at law to recover damages from the person involved;

Page 2971

Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department is hereby ordered and directed to pay to B. T. Raulerson the sum of $238.89 as compensation for actual expense incurred by him as a result of the said accident. The payment aforesaid shall be made from the funds available to said State Highway Department. Said B. T. Raulerson being a citizen of this State, said amount when paid is to be in full satisfaction of this claim. Approved March 3, 1953. COMPENSATION TO ALBERT THOMAS FOR DAMAGE TO AUTOMOBILE. No. 57 (House Resolution No. 60-255d). A Resolution. To compensate Mr. Albert Thomas for damages to his truck which was caused by an employee of State Highway Department banking dirt on right side of highway so that cars could not pass each other going in opposite direction. Whereas, on the 15th day of January, 1952, Keith Thomas of Route 1, Hoboken, Georgia, was driving his father's 1946 Ford 2-ton truck on State Highway Number Fifty at an approximate speed of thirty-five miles per hour and at a point approximately five miles east of Waycross, Georgia, he came to the crest of a hill and saw an automobile approaching from the opposite direction and there not being sufficient space between a bank of dirt on highway and the left side of pavement to pass said automobile he drove said truck into the bank of dirt to avoid head-on collision with the approaching automobile at which time said

Page 2972

truck turned over and was completely wrecked, and said bank of dirt was thus placed by an employee of the State Highway Department in performance of his regular duties as such employee, and Whereas, said employee was the only employee on said highway at that time and there was no sign of Danger or Men Working as is usually displayed on such occasions, and that Whereas, it appears that the accident which resulted in damages to Mr. Thomas' truck was caused by the negligence of the employee of the State Highway Department in leaving the bank of dirt on pavement without any warning signs, so that two cars could not pass each other, now therefore be it Resolved by the House of Representatives, the Senate concurring, that the State Highway Department of Georgia, be, and it is hereby ordered and directed to pay to Mr. Albert Thomas, Route 1, Hoboken, Georgia, the sum of eight hundred thirty-five and 34/100 ($835.34) dollars, as compensation for damages to his 1946 Ford 2-ton truck on January 15, 1952, as the result of said accident. The payment of said sum shall be made from the funds available to the State Highway Department. Approved March 3, 1953. LAW BOOKS TO CHATTOOGA COUNTY. No. 60 (House Resolution No. 162-584a). A Resolution. To provide certain Supreme Court Reports to Chattooga County. Whereas, Volumes 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14,

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15, 18, 19, 20, 21, 24, 25, 26, 33, 70, 94, 146, and 151 of the Georgia Supreme Court Reports, belonging to Chattooga County, have been lost or destroyed, and Whereas, such books are necessary for said county to transact its business and that of the State, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Chattooga County, Georgia, the aforementioned volumes of the Georgia Supreme Court Reports, without cost to said county, except for payment of packing and transportation charges, said books to be used by the courts and officials of said county. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided said funds are available from any unappropriated funds. Approved March 3, 1953. LAW BOOKS TO BIBB COUNTY. No. 62 (House Resolution No. 156-547b). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Bibb County, without cost to said county, certain law books; and for other purposes. Whereas, there are missing from the library of the Superior Court of Bibb County certain law books, and Whereas, the business of said court is hampered and

Page 2974

delayed because of the lack of such books, Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be hereby authorized and directed to furnish to the Superior Court of Bibb County, without cost to said county, the following law books: Volumes 3 through 7, 9 through 12, 14 through 18, 22, 24, 29, 79, 88, 115, 117, 126, 134, 137 through 141, 147, 150, 155, 159, 162, 163, 164, 167 through 184, and 187 through 208 of the Georgia Reports. Volumes 1, 6, 35, and 39 through 84 of the Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the above books, the Governor is hereby authorized to draw his warrant for the amount required for the same, provided said funds are available from any unappropriated funds. Approved March 3, 1953. PAYMENT TO STRICKLAND MOTOR COMPANY, CORDELE, FOR AUTOMOBILE REPAIRS. No. 64. (House Resolution No. 8-42b). A Resolution. To compensate the Strickland Motor Company, of Cordele, Georgia, for repairs made on an automobile damaged when commandeered for pursuit of an escaped prisoner. Whereas, a prisoner engaged in the construction work of the School Patrol Camp at Georgia Veterans'

Page 2975

Memorial State Park attempted to escape on January 3, 1952; and Whereas, a guard on the payroll of the Department of State Parks commandeered a 1949 two-door Ford sedan, which was parked near the place where the prisoner was attempting to escape, for the purpose of pursuing the prisoner; and Whereas, the Strickland Motor Company, of Cordele, Georgia, was authorized by a warden on the payroll of the Department of State Parks to repair said automobile; and Whereas, the Strickland Motor Company did make such repairs at a cost of $68.44 and has received no payment for same; and Whereas, it is only just and proper that said motor company receive payment for this work; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of State Parks is hereby ordered and directed to pay to the Strickland Motor Company, of Cordele, Georgia, the sum of $68.44 as compensation for repairs made to said automobile as set out above. The payment of said sum shall be made from funds available to said department. Approved March 3, 1953. COMPENSATION TO SAMUEL GLEN DENSMORE FOR DAMAGE TO AUTOMOBILE. No. 65 (House Resolution No. 29-124a). A Resolution. To compensate Mr. Samuel Glen Densmore for damages

Page 2976

to his automobile when hit by a vehicle owned by the State Game and Fish Department and driven by an employee of the State Game and Fish Department; that Whereas, on June 28, 1952 Mr. Samuel Glen Densmore of Turnerville, Georgia, was driving his 1946 Ford sedan automobile along U. S. Highway No. 23 in Habersham County, Georgia, when said automobile was hit by a 1952 Ford pick-up truck owned by the State Game and Fish Department and driven by Clifford Paul Palmer, an employee of the State Game and Fish Department; and that Whereas, Mr. Samuel Glen Densmore was driving his automobile south on U. S. Highway No. 23, had slowed down and had given a signal to turn off into a driveway when his automobile was struck in the rear by the State Game and Fish Department's pick-up truck; and that Whereas, Mr. Densmore's automobile was damaged as a result of said collision in the amount of $399.28, that being the amount expended on the repairs of said automobile and said sum being spent for repairs of said automobile, being the lowest competitive bid for doing the necessary repair work on said vehicle, and that Whereas, it appears that the accident which resulted in the damages of Mr. Densmore's automobile was caused by the negligence of the driver of the State Game and Fish Department's pick-up truck in driving at an excessive rate of speed and following too close behind the automobile in front which prevented him from being able to bring the State Game and Fish truck under control and avoiding the collision, it is therefore, Resolved that the House of Representatives, the Senate concurring, that the State Game and Fish Department be and it is hereby ordered and directed

Page 2977

to pay to Mr. Samuel Glen Densmore, Turnerville, Georgia, the sum of $399.28 as compensation for damages to his 1946 Ford sedan automobile on June 28, 1952 as the result of said accident. The payment of said sum shall be made from the funds available to the State Game and Fish Department. Approved March 3, 1953. COMPENSATION TO WHITE MUSIC COMPANY FOR DAMAGE TO AUTOMOBILE. No. 70 (House Resolution No. 57-255a). A Resolution. Compensating the White Music Company, of Gainesville, Georgia, for damage caused to said company's truck by a truck belonging to the State Department of Corrections; and for other purposes. Whereas, in December, 1951, a truck belonging to the White Music Company, Gainesville, Georgia, was parked in the yard of the Rock Quarry Prison, Buford, Georgia, while an employee of said company was repairing the refrigeration equipment in the kitchen at said prison; and Whereas, one of the prisoners was operating a State truck, and in so doing backed into the truck belonging to said company, causing damage to the fender and the fender brace; and Whereas, the company has paid for the repairs to said truck; and Whereas, said damages were occasioned through no fault of the company and it is only just and proper that they should be reimbursed for the sum expended for repairs;

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Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Corrections is hereby ordered and directed to pay to White Music Company, Gainesville, Georgia, the sum of eighteen dollars ($18.00) as compensation as provided above. Said sum shall be paid from funds appropriated and available to said department. Approved March 3, 1953. COMPENSATION TO B. D. CRAVEY FOR INJURIES. No. 71 (House Resolution No. 22-87e). A Resolution. Whereas, B. D. Cravey, while a Trooper in the Georgia State Patrol, on the 27th day of July, 1952, was injured in the line of duty as a result of an accident without any fault whatsoever on his part, which accident took place some 4.1 miles west of the City of Albany, Georgia, on U. S. Highway 19 and Georgia Highway 40; and, Whereas, due to the seriousness of the injury sustained by the said B. D. Cravey, as a direct result of said accident, he expended great sums of money and additional heavy expenses have been incurred by reason of said accident for the treatment of such injuries; and, Whereas, the said B. D. Cravey is without sufficient funds to bear and defray the necessary costs of such vital and necessary treatment; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety be, and is hereby directed to pay out of the funds available to the Department of Public

Page 2979

Safety the sum of six thousand five hundred dollars ($6,500.00) to cover and defray hospital bills, doctor bills, nurses bills, medical bills and other incidental expenses in connection with the treatment of the injuries of the said B. D. Cravey, upon his presenting the bills therefor to the Department of Public Safety. Approved March 3, 1953. LAW BOOKS TO CRISP COUNTY. No. 72 (House Resolution No. 159-578a). A Resolution. Whereas, many of the official reports of the Court of Appeals and of the Supreme Court of Georgia belonging to the Ordinary of Crisp County, and to the Clerk of the Superior Court of Crisp County, have been lost or destroyed; and Whereas, complete sets of said reports are necessary in each office for the proper conduct of the official business of the county, and the courts thereof. Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian be and is hereby authorized and directed to furnish, without cost to said county except for payment of packing and transportation charges, such missing volumes, as follows: To the Ordinary: Volumes 15, 70, 72, 75, 77, 90, 92, 101, 104, 105, 112, 113, 114, 115, 116, 117, 127, 128, 131, 134, 153, 158, 159, 164, 168, and 177 of Georgia Reports. Also volumes 1, 2, 10, 14, 15, 31, 39, and 48 of Georgia Court of Appeals Reports.

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To the Clerk of Superior Court: Volumes 65, 66, 67, 68, 70, 71, 73, 79, 80, 84, 85, 87, 92, 103, 112, 113, 118, 119, 125, 128, 130, 144, 145, 148, 150, 151, 152, 154, 156, and 157. Also Volumes 1, 8, 16, 51, 63, 64, 78, and 81 of Georgia Court of Appeals Reports. The respective county officers and their successors are hereby made the custodians of the listed volumes for the use of the officers of the court of ordinary and for the use of the officers of the superior court of said county. If for any reason, the State Librarian cannot furnish the books specified, the Governor is authorized to draw his warrant upon the State Treasurer for the amount required for the same, provided said funds are available from any unappropriated funds. Approved March 3, 1953. PALMETTO CHARTER AMENDED. No. 404 (House Bill No. 556). An Act to amend an Act entitled, An Act to create a new charter for the Town of Palmetto, in Campbell (now Fulton) County, Georgia: Describing its powers and duties and to repeal all Acts heretofore passed creating a charter for said city or amending the same and for other purposes. Section 1. Notice of intention to apply for the passage of this local bill has been published in the newspaper 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, 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 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. 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 Town of Palmetto, in Campbell (now Fulton) County, Georgia: Describing its powers and duties and to repeal all Acts heretofore passed creating a charter for said city or amending the same and for other purposes, be, and the same is hereby amended as follows: Section 3. By striking Section 1 of said Act and substituting in lieu thereof another section, to be numbered 1, 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 of this Act, the inhabitants of the territory hereinafter designated are hereby continued corporate by the name and style of the City of Palmetto, a body politic and corporate, with power to govern themselves by such ordinances, resolutions, and bylaws for municipal purposes as they may deem proper, not in conflict with the charter, nor the Constitution and laws of this State, nor of the United States, with power in and by said corporate name, to contract and be contracted with, sue and be sued, plead and be impleaded, and in all the courts of this State, do all other acts relating to its corporate capacity; and shall be able, in law to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said City of Palmetto, in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of whatever kind or nature soever, within the limits or without the limits of said city, for corporate purposes; to hold all property and effects now belonging to said city, either in her own name or in the name of others,

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to the use of said city, for the purpose and intents, for which the same were granted, or dedicated; to use, manage and improve, sell and convey, rent or lease, and have the like powers over property hereafter acquired; and to have and use a common seal. The municipal government and control of said city shall be vested in a mayor and six councilmen. Corporate powers. Section 4. By striking Section 3 of said Act and substituting in lieu thereof another section, to be numbered 3 and to read as follows: Section 3. Be it further enacted by the authority aforesaid that election of officers for the City of Palmetto shall be held on the first Saturday in December of each year. The first election after the passage of this Act shall be held on the first Saturday in December, 1953. At this election, and on the first Saturday in December every second year thereafter, the mayor shall be elected for a term of two years, shall take office on January 1st of the following year, and shall serve until his successor is elected and qualified. There shall also be elected at the first election after the passage of this Act, on the first Saturday in December, 1953, four councilmen, three for a term of two years, called the long term, and one shall be elected for a term of one year, called the short term, and all candidates for councilmen in said election shall be required to announce, for a long term or for a short term, as the case may be. The four councilmen so elected shall succeed the two councilmen whose term expires December 31, 1953, and to fill the two new positions created on the council. They shall take office on January 1st, 1954, and serve until their successors are elected and qualified. The two councilmen elected on the first Saturday in January 1953, to serve for a term of two years, shall continue to serve as councilmen for the City of Palmetto until the expiration of their terms on December 31, 1954. After the first election held under this Act, there shall be elected three councilmen for the City of Palmetto each year, for a term of two years, who shall take office on January 1st following their election. At each election held after the first election, the three councilmen

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thereby elected shall succeed the three old councilmen whose terms expire at the end of the year. The Mayor and Council of the City of Palmetto, at their first meeting after the election, or as soon thereafter as practical, shall elect one of said councilmen mayor pro tem., who shall perform all the duties of the mayor when the mayor shall be absent, disabled, or disqualified, and during any vacancy in the office of mayor. All candidates for Mayor and Council for the City of Palmetto shall be at leat twenty-one years of age at the time of their election and residents of the City of Palmetto for at least one year immediately preceding their election. Election of mayor and councilmen, terms, etc. Section 5. By striking Section 15 of said Act and substituting in lieu thereof another section, to be numbered 15, and to read as follows: Section 15. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Palmetto shall prescribe all duties required of the officers of said city in addition to those prescribed in this Act, confer on them all such powers, duties, and liabilities not in conflict with the laws of this State, as they may deem proper; provide for their removal from office, and fix their compensation. Officers of city. Section 6. By striking Section 130 of said Act and substituting in lieu thereof another section to be numbered 130, and to read as follows: Section 130. Be it further enacted by the authority aforesaid that the tax books of the city shall be open for receiving tax returns on the first day of April of each year, and shall remain open for such returns for a period of thirty days. All returns shall be made under oath, to be administered by the clerk. The mayor and council shall give proper notice of the time of the opening of the tax books for returns. All property owned by the taxpayer on January 1st shall be included in his or her return. Lien for such taxes shall be fixed as of January 1st, on the valuation of the property as of that date. Tax returns.

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Section 7. By striking Section 131 of the said Act and substituting in lieu thereof another section to be numbered Section 131, and to read as follows: Section 131. Be it further enacted by the authority aforesaid that should any person fail or refuse to make his or her tax return within the time prescribed, or shall return his or her property at too low a valuation, the mayor and council shall appoint three assessors who shall be freeholders who shall appoint three assessors who shall be freeholders who shall assess the value of such property, by which the tax shall be regulated. A penalty of 10% of the amount of taxes shall be added to and made a part of the tax bill of all owners of real estate and personal property in the city, who fail to make return of same by May 1st of each year. Tax assessors. Section 8. By striking Section 180 of said Act and substituting in lieu thereof another section to be numbered 180, and to read as follows: Section 180. Be it further enacted by the authority aforesaid that after January 1, 1954, the mayor and three councilmen, or four councilmen, shall constitute a quorum for the transaction of business, and in case of a tie, the presiding officer shall cast the deciding vote. Quorum. Section 9. Be it further enacted by the authority aforesaid that if any portion of this Act shall be held invalid, the whole of this Act shall not thereby become void, but only so much of the same as may be declared void. Section 10. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be, and and 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

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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 19th day of December, 1952, and once each week thereafter for 7 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 9th day of February, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954. (Notarial Seal Affixed). Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the Town of Palmetto intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, convening in January, 1953, to amend the charter of the Town of Palmetto, the title to such bill or bills to be as follows: An act to amend an act entitled `An act to create a new charter for the Town of Palmetto, approved by the legislature of 1920' the Act of 1927, and the several Acts amendatory thereof, and for other purposes. This the 18th day of December, 1952. James F. Cox, Attorney for the Town of Palmetto. Dec. 19 26 Jan. 2 tfn. Approved March 4, 1953.

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TREULTEN TAX COMMISSIONER'S COMPENSATION. No. 406 (House Bill No. 530). An Act to supplement the fees of the Tax Commissioner of Treutlen County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Tax Commissioner of Treutlen County shall be compensated in the amount of fifty ($50.00) dollars per month from the general funds of said county, in addition to the fees and commissions received by the tax commissioner. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Treutlen County. Notice is hereby given that it is the intention of the undersigned to introduce legislation in 1953 regular session of the General Assembly of Georgia to provide that the Tax Commissioners of Treutlen County shall be paid the sum of $50.00 per month in addition to the fees and commissions now received by the said tax commissioners. This 12th day of January, 1953. Hugh Gillis, Representative, Treutlen County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Gillis, who, on oath, deposes and says that he is Representative from Treutlen County, and that the attached

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copy of Notice of Intention to Introduce Local Legislation was published in the Soperton News, which is the official organ of Treutlen County, on the following dates: Jan. 17th, 24th, and 31st. /s/ Hugh Gillis, Representative, Treutlen County. Sworn to and subscribed before me, this 9 day of Feb., 1953. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 4, 1953. WHITE COUNTYCLEVELAND PLANNING COMMISSION. No. 407 (House Bill No. 593). An Act to enable White County and the City of Cleveland, Georgia to establish a joint planning commission to make and amend an overall plan, and to otherwise promote the orderly growth and development of the county and city; to provide for the creation and appointment of said commission; to define the powers and duties of said commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Planning Commission: Creation and Appointment . The board of County Commissioners of the County of White (hereinafter referred to as the board of commissioners) and the Mayor and Council of the City of Cleveland, Georgia (hereinafter referred

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to as the mayor and council) be authorized to create a joint city-county planning commission (hereinafter referred to as the commission) of seven members, consisting of a member of the board of commissioners to be selected by that body, the mayor, a member of council to be selected by that body, two appointed members to be selected by board of commissioners and two appointed members to be selected by the mayor and council. Planning commission. Terms of appointive members shall be four years or thereafter until their successors are appointed, except that the members first appointed shall have terms of one and three years for the county appointees and two and four years for the city appointees. Any vacancy in an appointive membership shall be filled within a reasonable time in the same manner as the initial appointment, but only for the unexpired term. The appointing officer or board or council shall have the authority to remove any appointive member for cause stated in writing and after public hearing. Section 2. Planning Commission: Rules, Staff, Finances . The commission shall elect one of its appointive members as chairman who shall serve for one year or until re-elected or his successor is elected. The commission shall appoint a secretary who may be an officer or employee of the municipality or county. The commission may employ the service of a city planner and such other employees or consultants as are necessary. Rules. Staff. The expenditures of the commission, exclusive of gifts, shall be within the amount appropriated by the board of commissioners and the mayor and council. The members of the commission shall serve as such without compensation, except for expenses incurred. The commission shall meet at least once a month, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Finance. Section 3. Planning Commission: Powers and Duties . The commission shall have the general purpose of guiding

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and accomplishing a coordinated, adjusted and harmonious development of the community which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity, or the general welfare, as well as efficiency and economy in the process of development. In particular, the commission shall have the power and duty to: Powers and duties. 1. Study the resources, possibilities, and needs of Cleveland and White County with due regard for the surrounding areas, to make, adopt, amend, detail, extend and to add to the master plan for the physical development of the city and county as defined in Section 4 of this ordinance. 2. Prepare and recommend to the mayor and council and board of commissioners for adoption regulations to govern the subdivision of land, and, upon adoption, to administer said regulations. Powers and duties. 3. Make and recommend to the mayor and council and the board of commissioners for adoption a zoning ordinance and map. 4. In response to requests from officials and departments of the city and county, to furnish information and plans relating to the development of the area. The commission shall have the power to: 1. Require information which shall be furnished within a reasonable time from other departments of the city or county in relation to its work. 2. In performance of its functions, at reasonable times enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. 3. Contact other agencies and officials of local, State and Federal governments and private citizens, organizations and civic groups for the purpose of obtaining

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information and assistance, and cooperating in the making and carrying out of plans. 4. Appoint advisory committees and other groups to secure community participation in and support for the making and carrying out of plans. 5. Prepare and recommend to the mayor and council and board of commissioners for adoption an official map together with regulations for the protection of proposed street rights of way, parks, playgrounds, and school sites and other public grounds shown on said map. 6. Promote public interest in and understanding of the master plan, planning and zoning. 7. Study and recommend, with consideration for need, timing and finances, a program for accomplishing the master plan. 8. Make reports and recommendations relating to the plan and the development of the city and the county to officials, citizens, agencies and organizations. Section 4. Master Plan. The commission shall make a master plan consisting of maps, plats, charts, and descriptive and explanatory matter, showing the commission's recommendations for the physical development of Cleveland and White County, and may include: 1. The general location, character, and extent of roads, streets, bridges, tunnels, viaducts, parks, parkways, waterways, waterfront developments, playgrounds, airports, forests, reservations and other public ways, grounds, places and spaces. Master plan. 2. The general location of public buildings and other public property. 3. The general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication,

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and other purposes. 4. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, property, utilities, or terminals. 5. The general location, character, layout, and extent of community centers, town sites, housing developments, service areas, and areas for residence, industry, business, recreation, agriculture and forestry, and limited-development areas for purposes of conservation, food and water supply, sanitation, drainage and protection from urban development; and the classification of land as required by these uses and purposes. 6. The general character, extent, and layout of the replanning of blighted and other residential areas. Section 5. Adoption of the Master Plan. The commission may adopt the master plan as a whole by single resolution, or may by successive resolutions adopt successive parts of the plan, said parts corresponding to major geographical sections of the city or county or to functional divisions of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. The adoption of the plan, or of any such part, amendment, extension or addition, shall be by resolution carried by the affirmative votes of not less than the majority of the commission, but before the adoption of the plan or any such part or any modification, extension or addition, the commission shall hold at least one public hearing on proposed action. An attested copy of the plan or part thereof shall be certified to the mayor and council and the board of commissioners. Adoption. Section 6. Legal Effect of Plan. No street, park or public way, ground or space, no public building or structure and no public utility whether publicly or privately owned, shall be constructed or authorized in White County or the City of Cleveland, nor shall any real property be acquired by the county or city, until and unless

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the location and extent thereof shall have been submitted to the commission for consideration and approval; provided in case of disapproval the commission shall communicate its reasons to the board of commissioners or the mayor and council which shall have the power to overrule such disapproval. Upon such overruling the board of commissioners or the council or the appropriate office, department, or agency shall have the power to proceed. The widening, narrowing, relocation, vacation or change in the use of any street or public way or ground or the sale of any public building or real property shall be subject to similar submission and approval, and failure to approve may be similarly accepted or rejected by the board of commissioners or the council. The failure of the commission to act within thirty days after date of official submission to the commission shall be deemed approval, unless a longer period be granted by the board of commissioners, the council or other submitting authority. Effect. Section 7. Zoning. The governing bodies of the county and city are authorized to regulate in their respective jurisdictions the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, commerce, residence, recreation, public activities or other purposes, and the uses of land for trade, industry, commerce, residence, recreation, agriculture, forestry, soil conservation, water-supply conservation, or other purposes. Zoning. By means of a map various zones or districts may be established and different regulations prescribed for each zone or district, but the regulations shall be uniform for each class or kind of building or use throughout any zone or district. The ordinance establishing these zones, including both map and text must be based on the master plan. However, it may be adopted separately and at different times for various communities in the county.

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Section 8. Purposes of Zoning Regulation. Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the State of Georgia, including amongst other things, lessening congestion in the streets or roads, of reducing the wastes of excessive amounts of road; securing safety from fire and other dangers; providing adequate light and air; preventing, on the one hand, excessive concentration of population and, on the other hand, excessive and wasteful scattering of population or settlement; promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water flowage, water supply, drainage, sanitation, educational opportunity, recreation, soil fertility, food supply, and the protection of both urban and non-urban development. Purposes of zoning regulation. Section 9. Official Map. From and after the time when the commission shall have adopted a master plan which includes at least a major road or street plan or shall have progressed in its master planning to the stage of making and adoption of a major road or street plan, the commission shall have the power to make or cause to be made, surveys for the exact location of the lines of new, extended, widened or narrowed roads or streets in the whole or in any portion of the county or city and to make and certify to the appropriate governing body a map or maps showing such lines, together with recommended regulations for the protection of such existing or future streets from encroachment detrimental to their public use. Official map. Upon receiving from the commission a certified copy of said map and recommendations the governing body may, in accordance with the procedure specified herein, establish by ordinance official map of the city or county or portion thereof showing public streets and roads theretofore existing and established by law, or accepted in subdivision plats approved as prescribed in Section 14, or new, extended, widened or narrowed streets as

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certified above, and including the recommended regulations for the protection of such streets from encroachment detrimental to their public use. Said official map and regulations shall not become effective until recorded in the courthouse of White County in a manner open to public inspection. The making, certifying and establishment of such maps shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street, or the taking or acceptance of any land for street purposes. Whenever the commission shall have prepared, adopted and certified to the governing body a master plan for parks, playgrounds, school sites or other public grounds, or for one of these types of grounds, the governing body may, within the conditions and procedure prescribed herein for streets and roads, in the same manner establish an official map for that type or types of grounds. Section 10. Zoning and Official Map: Procedure . The official map and zoning ordinances, maps and texts, may be amended, extended or modified by the governing bodies in accordance with the conditions and procedure prescribed herein for the original enactment of these ordinances. This procedure shall include a public hearing, the time and place of which must be given at least fifteen days notice in a newspaper of general circulation in the county. The notice shall designate the place where the proposed amendments, extensions and modifications may be inspected. Before any map or text other than that recommended by the commission is approved by a governing body, the proposed change shall be referred to the commission for its recommendation, which recommendation shall be advisory only and shall in no way bind the governing body. Procedures. Section 11. Zoning and Official Map: Manner of Regulation . For the purpose of giving effect to the official map and zoning ordinances the governing body of

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the city or county may provide in these ordinances, or amendments thereto, for the issuance of building permits by specifying the conditions whereby permits shall be issued or withheld, and designating a building officer or inspector for this purpose. The governing body may provide that no permit shall be issued for (1) any building or structure or part thereof on any land located within the lines of any street, road, park, playground, school site or other public ground shown on the official map; (2) any building on property to which there is not access by means of a street or road on the official map; or (3) any building not in accordance with the regulations prescribed for the zone or district in which the proposed building would be built. Any such ordinance shall provide for a board of appeals as specified herein. Manner of regulation. Excepting in streets existing and established by law as public streets at the date of establishment of the official map, no public water facilities, sewer, or other public utility or improvement shall be constructed after said date in any street until such street is duly placed on the official map. Section 12. Zoning and Official Map: Board of Appeals . Any zoning or official map ordinance enacted by the board of commissioners or the mayor and council shall provide for a board of appeals, consisting of three members, one of whom shall be selected by the planning commission from among its own members, one by the board of commissioners, and one by the mayor and council. The rules governing the board of appeals shall be the same as those set forth for the planning commission in Section 2 of this Act. Board of appeals. The ordinance first establishing the board of appeals, and any official map or zoning ordinance enacted subsequently, shall provide the board with the following duties and powers: 1. To hear and decide appeals wherein it is alleged that there has been error in an order or decision of the

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building officer or other official in administering the ordinance. 2. To hear and decide requests for special exceptions, interpretations of the map, and variations of the regulations where they impose practical difficulties or unnecessary hardships, and said decisions being within appropriate principles, conditions and safeguards set forth in the ordinance. Section 13. Subdivision Regulation . The board of commissioners or the mayor and council may adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for public safety, economy and convenience in the development of land, for the coordination of streets and other ways within the subdivided land with other existing or planned streets and ways or for conformance to the master plan or official map, for adequate open spaces, for spaces for traffic, utilities, recreation, light and air, and for the avoidance of congestion of population. Such regulations may include requirements as to the extent to which and the manner in which streets and other ways shall be graded and improved and water, sewer and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of a subdivision. Such regulations shall provide for a preliminary approval by the planning commission of the plat of a proposed subdivision previous to such improvements and installation and for a final approval by the planning commission, commissioner of roads or other officials. Section 14. Enforcement and Remedies . The governing bodies of the city and county may provide for the enforcement of any ordinance enacted under this Act, and a violation of any such ordinance shall be a misdemeanor, punishable by fine or imprisonment or both. In addition, the building officer, city or county attorney or other appropriate official, or affected property owner may institute injunction, mandamus or other appropriate action or proceeding to prevent or correct such violation. Enforcement and remedies.

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Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. An Act to enable White County and the City of Cleveland, Georgia, to establish a joint planning commission to make and amend an overall plan, and to otherwise promote the orderly growth and development of the county and city; to provide for the creation and appointment of said commission; to define the powers and duties of said commission; and for other purposes. Fred Moore, Representative of White County. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Moore, who, on oath, deposes and says that he is Representative from White County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cleveland Courier, which is the official organ of White County, on the following dates: January 23, 1953, January 30, 1953, and February 6, 1953. /s/ Fred Moore, Representative, White County. Sworn to and subscribed before me, this 12 day of Feb., 1953. /s/ Josephine M. McKibben, Notary Public. Approved March 4, 1953. ATLANTA CHARTER AMENDMENTS. No. 408 (House Bill No. 608). An Act to amend an Act establishing a new charter for

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the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. The following described property is excluded from the corporate limits of the City of Atlanta: All that tract or parcel of land lying and being in Land Lot 66 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point where the northwest corner of Land Lot 66 and the southeast corner of Land Lot 94 meet and thence running east along the southern line of Land Lot 67 and the northern line of Land Lot 66, a distance of 850 feet, more or less, to the west side of the south leg of the Expressway; and thence southeasterly along the west side of the south leg of the Expressway a distance of 2,350 feet, more or less, to a point where the present Hapeville City limits intersect and cross the west side of the south leg of the Expressway; and thence northwest along the present Hapeville city limits a distance of 850 feet, more or less, to a point where the present Hapeville city limits intersect the east line of Land Lot 95; and thence north along the east side of Land Lot 95 and the west line of

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Land Lot 66 a distance of 1,200 feet, more or less, to the point of beginning. Territory excluded. Section 3. The mayor and general council shall have power, on such terms as it may determine, to sell, trade or exchange; or to transfer to some other department of the city, three parcels of land of the Atlanta Waterworks, located in Land Lot 231 of the 17th District of Fulton County, Georgia, more particularly described as follows: Parcel 1. A triangular piece of property located at the intersection of the new Marietta Expressway (relocated U.S. Highway 41-W) and Bolton Road starting at the intersection of the new Marietta Expressway and Bolton Road, a distance of approximately 200 feet west on Bolton Road to the present intersecting property line, thence north approximately 200 feet to the right of way of the new Marietta Expressway, thence approximately 250 feet along the Expressway right of way in a south-easterly direction to the intersection of the Expressway and Bolton Road, the starting point. Waterworks land. Parcel 2. A small triangular piece of property approximately 50 feet [UNK] 75 feet [UNK] 75 feet on Moores Mill Road, N. W. near the intersection of Chattahoochee Avenue. This property starts approximately 75 feet south of the intersection of Moores Mill Road and Chattachoochee Avenue on the east side of Moores Mill Road and extends southwardly down Moores Mill Road a distance of approximately 75 feet, thence at an approximate 45 degree angle approximately 50 feet east to a point, thence approximately 75 feet at about a 90 angle north to the starting point. Parcel 3. A crescent wedge of property on the east side of Ridgewood Road, N. W. beginning at approximately 300 feet south of the Peachtree Creek Highway Bridge. This property extends approximately 300 feet on the east side of Ridgewood Road to a point, then doubles back at about a 45 angle in a northerly direction a distance of approximately 250 feet to the point of beginning on the east side of Ridgewood Road. The maximum

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width of this property is approximately 25 feet. Section 4. The municipal revenue collector shall give bond and security in an amount to be fixed by the mayor and general council or the mayor and board of aldermen for the faithful discharge of his duties as municipal revenue collector, marshal, tax collector and treasurer, in such amount as in their judgment may be sufficient, in no event to be less than $100,000.00. The mayor and general council or the mayor and board of aldermen shall also have power to increase the bond whenever they may deem it necessary to protect the interest of the city. The liability of any surety or sureties on such bond shall be the same as that of the sureties on the bond of the Treasurer of the State of Georgia, to wit: That the property of such surety on such bond shall be subject to a lien in favor of the City of Atlanta for the full amount of such bond from the date of the execution thereof. Revenue collector's bond. Section 5. That all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Hamilton Lokey 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. 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, convening

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in January, 1953, 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, apprved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This December 16, 1952. J. C. Savage, City Attorney. Dec. 17 24 31 tfn. This 16 day of February, 1953. /s/ Hamilton Lokey. Sworn to and subscribed before me, this 16 day of February, 1953. /s/ Frances Y. Read, Notary Public, Fulton Co. My commission expires Feb. 1, 1954. Approved March 4, 1953. CUMMING CHARTER AMENDMENTS. No. 411 (House Bill No. 533). An Act to amend an Act providing a city charter for Cumming, Forsyth County, Georgia, approved March 28, 1935 (Ga. Laws 1935, p. 1001) as amended, so as to provide who shall manage city elections; to change the hours the polls shall be open; to provide that no candidates be allowed to remain in polling places; to provide for the registration of voters and purging of voters' lists; to provide for notice to voters of disqualification; to provide for a qualification period for candidates and procedures for such qualifications; to provide

Page 3002

that a board of tax assessors and the listing of property by taxpayers; to provide for auditing of such records; to provide and prescribe the procedures of buying and selling property by the city; to appeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act providing a city charter for Cumming, Forsyth County, Georgia, approved March 28, 1935 (Ga. Laws 1935, p. 1001) as amended, is hereby amended by striking from Section 11, of said Act, the figures 12:00 and inserting in lieu thereof 10:00; also by striking from said section 4:00 and inserting in lieu thereof 6:00; and also by adding to said section the following sentence: No candidate for the office of mayor or city councilman shall remain in the office or room where the election is being held but shall enter said office or room only for the purpose of casting his vote and after having cast such vote shall immediately leave said office or room so that said Section 11 when so amended shall read as follows: Sec. 11, Act of 1935 amended. Sec. 11. 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 City of Cumming 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 who shall be selected by the City Council of said City of Cumming or by any three freeholders selected and designated by the said Council of Cumming; all of said freeholders shall be citizens of said city and own real estate therein; and said managers, before entering upon their duties, shall take and subscribe, before some officer qualified to administer oaths, the following oath, to wit: We do swear that we will faithfully and impartially conduct this election according to law, and will prevent illegal voting to the best of our skill and knowledge, and will make true returns thereof; so help me God. Said managers shall keep, or cause

Page 3003

to be kept two lists of voters at said elections, and two tally-sheets. All elections shall be held at the city council in said city, and the voting shall be by ballot. The polls shall be opened at 10:00 a.m. and be closed at 6:00 p.m. but said manages shall have the right to suspend the election one hour for dinner. The persons receiving the highest number of legal votes for the respective officer shall be declared elected. All elections held under the provisions of this charter shall be under the forms, rules and regulations prescribed by law for the election of members of the General Assembly of said State, in so far as they are applicable to such elections and do not conflict with the rules and provisions herein prescribed. No candidate for the office of mayor or city councilmen shall remain in the office or room where the election is being held but shall enter said office or room only for the purpose of casting his vote and after casting such vote shall immediately leave said office or room. Elections. Section 2. Said Act is further amended by striking from the first paragraph of Section 14 thereof the words first Monday in November and inserting in lieu thereof the words last Monday in October; also by striking from said section of said Act the following; said book shall be kept open at such hours as the mayor and the councilmen may prescribe, each and every day (Sunday and legal holidays excepted) until the Wednesday before the first Wednesday in December following, when it shall be finally and absolutely closed, and inserting in lieu thereof the following: said books shall be kept open to the public during the legal hours for registering each and every day which said hours shall be from 8:00 a.m. until 2:00 p. m. (Sunday and legal holidays excepted) until 10 days prior to the date of the election on which day at 2:00 p. m. such books shall be finally and absolutely closed. The qualification dates for candidates for the offices of mayor and councilmen shall open on the same day the registration of voters opens and shall be closed 13 days prior to the date of the election at 12:00 noon on such day, which said qualifications shall be by personal notice in writing filed with the city clerk; also by striking from the second paragraph

Page 3004

of such section of said Act the words by the Mayor and Council and inserting in lieu thereof, the words as herein provided, also by adding to the second paragraph of said section the following sentence: provided however that at all times after such registration has commenced said registration list and names shall be open to public inspection during all hours of registration; also by adding at the end of the word thereof in the fourth paragraph of said section 14, the following: notice of the said opening of said registration books shall be published in the official gazette of said city at least once a week during period of such registration as herein provided; also by striking the 7th paragraph of said section from said section in its entirety and inserting in lieu thereof; within one day following the closing of said registration books as herein provided, said Council of the City of Cumming shall select and appoint three freeholders of said city who shall examine, revise and purge the registration lists as made up and returned by the clerk of said city, of all illegally registered voters or persons disqualified from voting for any lawful reasons; provided, that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified at least three days prior to the date of the election, that such persons may show cause, if any, why such action should not be taken. so that said Section 14, when amended in the foregoing particulars, shall read as follows: Sec. 14 amended. Section 14. Be it further enacted, that it shall be the duty of the clerk of said city, on the last Monday in October of each election year, to open the registration books for the registration of the qualified voters of said city. Said books shall be kept open to the public during the legal hours for registering each and every day which said hours shall be from 8:00 a. m. until 2:00 p. m. (Sunday and legal holidays excepted) until ten days prior to the date of the election on which day at 2:00 p. m. said books shall be finally and absolutely closed. The qualification date for candidates for the offices of mayor and councilmen shall open on the same date the registration of voters opens and shall close thirteen days prior

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to the date of the election at 12:00 noon on such date. 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 the members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authorities of said city, and who upon the day of the election, is then a resident, will then have resided in said city six months prior thereto, to allow such persons to register his or her name in said book of registration, and shall in every case, before allowing the applicant to register, administer to him or her the following oath: `You do solemnly swear that you are a citizen of the United States, that you have resided in the City of Cumming for six months next preceding this registration, or that by the date of the next election held in and for said city, if then a resident, you will have done so; that you are 18 years of age, or will be so prior to said day of election; and that you have paid all taxes legally imposed and demanded by the authorities of said city, so help you God.' Registration. It shall be the duty of the clerk of said city to prepare two lists of names of the voters registered in alphabetical order, after the same have been purged as herein provided, 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 list before them during the election, and shall permit no one to vote in said election whose name does not appear thereon, provided however that at all times after such registration has commenced said registration list and names shall be open to public inspection during all hours of registration. For any special election in said city for any purpose, 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. Notice of the opening of the registration books for

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all elections shall be given in such manner as the mayor and councilmen shall prescribe, at least twenty days before the closing thereof, notice of said opening of said registration books shall be published in the official gazette of said city at least once a week during period of such registration as herein provided; 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 city may certify under his official signature and seal to such accidental omission to place such name on said list and that said person 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. Any person voting in any electin held in said city, who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by the laws of this State for illegal voting. Within one day following the closing of said registration books as herein provided, said Council of the City of Cumming shall select and appoint three freeholders of said city who shall examine, revise and purge the registration lists as made up and returned by the clerk of said city, 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 three days prior to the date of such election, that such persons may show cause, if any, why such action should not be taken. Section 3. Said Act is further amended by striking therefrom Section 28 in its entirety and inserting in lieu thereof a new Section 28, to read as follows: Sec. 28 amended.

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Sec. 28. For the purpose of raising revenues for the annual support and maintenance of the government of the City of Cumming, the City Council of Cumming shall select a board of tax assessors to be composed of three freeholders, who shall be citizens of said city and own real estate therein. Said board of tax assessors shall have the power and authority to annually assess, levy, and collect an ad valorem tax on all real and personal, including money, notes, bonds and other evidence 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; said lists to specify the property by name, location and value. Said board shall have the power and authority to regulate the manner, form and time of making tax returns, tax lists or inventories and appraisements of property subject to taxation. They may adopt such 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 collection of taxes thereon. They shall have power and authority to issue executions for taxes, and levy the same by the proper levying officer and bring the property levied on to sale at the time and place and manner provided 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. Provided, however, that the board shall give written notice to the owner of any change in assessment on any property and said owner shall have ten days after receipt of such notice to appear before the board and file protest to such reassessment. The compensation of the members of said board shall be fixed by the mayor and council of the City of Cumming. Tax assessors. Section 4. Said Act is further amended by striking from Section 38 the words shall be audited by some competent person employed by said city council, and inserting in lieu thereof the words, shall be audited by a certified public accountant who shall be selected by the city council; provided, however, that no member of said city council shall be eligible to make such audit, so

Page 3008

that said section when so amended shall read as follows: Sec. 38 amended. Sec. 28. Be it further enacted by the authority aforesaid, that the said city council shall arrange a fiscal year for said city, and shall adopt a budget system of finance for said city; and at the end of each fiscal year the books and fiscal affairs of said city shall be audited by a certified public accountant who shall be selected by the city council; provided, however, that no member of said city council shall be eligible to make such audit, and a new budget prepared for the ensuing fiscal year, and the same shall be strictly adhered to under personal penalty on the part of said city council for any additional expenditures not carried therein; a copy of said audit and budget shall be spread on the minutes of said city council, and a copy thereof shall be published in the official organ of said city, said city council being hereby directed to select some paper in Forsyth County for the official organ of said city. Budget. Audits. Section 5. Said Act is further amended by adding the following paragraph to Section 50 thereof: Sec. 50 amended. Any purchase of minor maintenance equipment shall not require advertisement but any purchase or sale of capital equipment or property or any purchase or sale for capital improvement shall be made by written bid and shall be advertised for at least two weeks prior to such purchase or sale in the official organ of the city. Purchases. Section 5-A. That this Act shall not become effective until the expiration of the present Mayor's term of office on January 1, 1955. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer, authorized by law to administer oaths, personally appeared James A. Otwell, Jr.,

Page 3009

who, on oath says: He is a duly elected Representative from Forsyth County, Ga., for the period 1953-1954 and that notice of intention of introducing the above and foregoing bill was published in the Forsyth County News, a newspaper published in Cumming, Forsyth County, Ga. in which sheriff's advertisements are published and having a general circulation in said county, the said dates of publication being December 25, 1952, January 1, 1953 and January 8th, 1953. /s/ James A. Otwell, Jr. Sworn to and subscribed before me, this 10th day of February, 1953. /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 4, 1953. COBB COMMISSIONERSPURCHASES. No. 412 (House Bill No. 507). An Act to amend an Act creating the office of Commissioner of Roads and Revenues for Cobb County, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, so as to change the provisions relating to the employment of and the contracting with certain persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create a Commissioner of Roads and Revenues for Cobb County, Georgia;

Page 3010

to provide for the election of the same; to define his powers and duties; to fix his compensation, and for other purposes, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, is hereby amended by striking the provisions of Section 12, relating to the employment of certain persons, bids for supplies, and procedure connected therewith, and inserting in lieu thereof a new Section 12 to read as follows: Section 12. Be it further enacted that it shall be unlawful for said commissioner, the ordinary or the clerk, or either of them to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment, material or supplies for the county, or the awarding of any contract; and if either of the said parties shall violate any of the provisions of this Section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code of Georgia, and shall forfeit his office, and such conviction shall create a vacancy in the office he holds. Purchases and contracts. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher 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, amending the Act creating the office of Commissioner of Roads and Revenues for Cobb County, so as to change the provisions relating to the employment of and the contracting with certain people, and for other purposes, was published in the Cobb County Times in its editions of January 22, 29, and February 5, 1953:

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T-37. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly a bill amending the Act creating the office of Commissioner of Roads and Revenues for Cobb County, so as to change the provisions relating to the employment of and the contracting with certain people; and for other purposes. This 20th day of January, 1953. Harold S. Willingham, Representative, Cobb County. 1:22-29; 2:5 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 the 6th day of February, 1953. /s/ Brooks P. Smith, Brooks P. Smith, Publisher, Cobb County Times. Subscribed to and sworn to before me, a Notary Public, this 6th day of February, 1953. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. Notary Public, Cobb County, Georgia (Seal). My commission expires September 14, 1956. Approved March 4, 1953.

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MOUNT ZION CHARTER. No. 414 (House Bill No. 532). An Act to amend, revise, supersede, and consolidate the Acts creating and incorporating the Town of Mount Zion in the County of Carroll and all Acts amendatory thereto so as to provide for the incorporation of said town under the name and style of the Town of Mount Zion; to create the offices of mayor and councilmen in and for said town and to invest said officers with the powers, duties and responsibilities of governing said town; to create a gas, water, and light commission in and for said town and to prescribe its powers and duties; to provide for the qualifications, election and tenure of officers of said town and to provide for the filling of vacancies; to provide for the assessment and collection of taxes by the mayor and council of said town; to authorize the construction of waterworks, sewers, streets, parks, sidewalks and other public facilities within said town; to declare and define the police powers of said town; to prescribe the corporate limits of said town; to define the rights, duties, powers and liabilities of said town and the officers thereof; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Town of Mount Zion in the County of Carroll is hereby incorporated under the name and style of the Town of Mount Zion by which name it may sue and be sued, plead and be impleaded, contract and be contracted with and exercise the powers and privileges hereinafter delegated. Incorporation. Section 2. The corporate limits of said Town of Mount Zion shall be one mile in every direction from the center of the dividing line between Land Lots Nos. 213 and 236 in the 10th District of said County of Carroll. Limits.

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Section 3. The municipal government of said Town of Mount Zion shall be vested in a mayor and four councilmen who shall be elected and hold their offices in the manner and for the terms hereinafter provided. Mayor and councilmen. Section 4. On the first Saturday in April, 1953, an election for mayor and four councilmen shall be held in said town. The person receiving the highest number of votes for mayor shall be declared elected as mayor and shall hold his office for a term of two years and until his successor is elected and qualified. Four councilmen shall be elected at said election and the two persons receiving the highest number of votes for councilmen shall be declared elected as councilmen for a term of two years and until their successors are elected and qualified, and the two persons receiving the next highest number of votes for councilmen shall be declared elected as councilmen for a term of one year and until their successors are elected and qualified. Annually on said date thereafter, an election shall be held in said town for a mayor and two councilmen in odd-numbered years, and for two councilmen in even-numbered years, all of which officers subsequently elected shall hold their respective offices for a term of two years and until their successors are elected and qualified. Any vacancy occurring in any of the above offices may be filled for the unexpired term in the next regular election at which any of the above officers are to be elected. Their election and terms. Section 5. It shall be the duty of the Justice of the Peace of the Turkey Creek Militia District of Carroll County to call the first election to be held under this Act in 1953. The call for such election shall be made by said officer not less than ten days prior to the date of election fixed by this Act, and he shall cause notice of the same to be posted at the Post Office in said Town of Mount Zion and at one other public place in said town for a period of not less than ten days prior to the day of election. It shall be the further duty of said justice of the peace to appoint three persons qualified to act as election managers in elections for members of the General Assembly to act as election managers in said election. Any

Page 3014

person desiring to become a candidate for any office herein created to be filled at said election shall qualify with said justice of the peace as a candidate for such office not less than five days prior to the day of election and upon so doing his name shall be placed upon the ballot to be prepared by said justice of the peace for use in said election. Nothing herein shall be construed, however, as prohibiting the writing-in of names by voters in said election of persons for whom they wish to vote. In all elections subsequent to the first election in 1953, it shall be the duty of the Clerk of the Town of Mount Zion to perform all the duties above imposed upon the Justice of the Peace of the Turkey Creek Militia District pertaining to the holding of elections for officers of the Town of Mount Zion, and said clerk shall conduct such subsequent elections in the same manner as prescribed above for the holding of the first elections in 1953. The costs of all elections to be held under this Act shall be paid by the Town of Mount Zion. Section 6. All elections conducted pursuant to Section 4 of this Act shall be held and conducted in the same manner as elections for county officers, and the certificate of the managers who shall declare the results of such elections shall be sufficient authority for the persons so elected to qualify and enter upon the discharge of the powers and duties of the offices to which they have been elected. Section 7. No one shall vote for or be eligible to hold any of the offices herein created and provided for who is not a qualified voter for members of the General Assembly of this State and who has not resided in the corporate limits of said town for at least six months prior to the date of said election. Qualifications of officers. In the first election to be held under this Act it shall be the duty of the election managers appointed pursuant to Section 5 of this Act to determine and pass upon the qualifications of all persons desiring to vote in said election and their decision shall be final, except that they may require no additional qualifications than those

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imposed by this section. Subsequent to the first election under this Act, it shall be the duty of the Clerk of the Town of Mount Zion to keep a perpetual register of persons qualified to vote in future elections under this Act, which register shall remain open for registration at all times, except that it shall be closed five days prior to any election and shall not be re-opened until the day following such election, and no person who is not so registered shall be eligible to vote in any subsequent election under this Act. Register of voters. Section 8. Before entering upon the discharge of the duties of his office, each councilman shall take and subscribe the following oath which may be administered by any officer of this State who is empowered to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolving upon me as councilman of the Town of Mount Zion, without favor or affection, to the best of my ability, so help me God. The mayor shall, in like manner take and subscribe to a similar oath before entering upon his duties as such mayor. Oath of officers. Section 9. Said mayor and council shall have power to fix their meetings, elect a clerk and such other ministerial officers as they may deem necessary, to prescribe their duties, fix their compensation and determine the size of their bonds where bonds are required, to pass all ordinances and bylaws they may deem proper for the good order and general welfare of the citizens of said town, and prescribe penalties for violation thereof not exceeding a fine of $25.00 or in default of the payment of such fine in the time prescribed, to work on the streets of said town not exceeding twenty-five days, and to fix their own compensation not exceeding one hundred dollars per annum. Employees. Ordinances. Section 10. Said council shall hold at least one meeting monthly on a regular date to be set by them, and may call meetings at any time to conduct the business of said town. They shall have authority to enact ordinances for the government of said town as permitted by law or by this charter. The mayor shall preside over all meetings

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and in his absence, a councilman shall be designated as mayor pro tem. to act in his place. The mayor shall be entitled to vote on any question before the mayor and council and his vote shall be counted and given equal weight with votes of councilmen. Meetings. Section 11. The mayor and council of said town shall have authority to require a license to conduct any or all types and kinds of business or businesses in said town and to set the costs or fee for such licenses. Licenses. Section 12. Said mayor and council shall have power to levy and collect by execution or other legal process a tax upon all the property both real and personal within the corporate limits of said town, including all cash, notes, mortgages, or other evidences of debt held in said town. The rate of such tax to be fixed by said mayor and council shall not exceed one mill upon the assessed value of such property. Provided, however, that the rate of such tax may from time to time be raised by said mayor and council above one mill to a rate of not more than fifteen mills if, upon an election of the people a majority of the voters voting on the question shall vote in favor of raising the rate of such tax. The question of raising the rate of such tax shall be presented to the people at any regular election, except the first, held under this Act or at a special election held for the purpose. In either event, notice of the election on such question shall be posted by the clerk at the Post Office and at one other public place for a period of not less than ten days prior to such election, and other rules applicable to election of town officers shall apply to such elections. A referendum shall not be required to empower the mayor and council to reduce the rate of such tax, but shall be required in any case wherein it is proposed to raise the rate of tax to more than one mill. In no event, however, may the rate of taxation be fixed, by referendum or otherwise, at a rate in excess of fifteen mills. Taxes. Section 13. The mayor and council shall determine what licenses are to be issued and costs thereof and, if an ad valorem tax herein authorized has been levied,

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they shall order all property in said town to be returned for taxation and the returns entered in a book kept for this purpose and all property within the corporate limits of said town shall be taxable that year. All fines, license fees, taxes, and other town funds shall be deposited and held by the mayor subject to the orders of the council. He shall give a bond to the town council in a sum to be designated by said council 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 anyone who is eligible under the provisions of this charter to hold office in said town. City funds. Section 14. Be it further enacted, that if, in the judgment of the mayor or council, it shall at any time become necessary to open, widen or in any manner alter any street, alley, sidewalk or other passways in said town, they shall have full power to order the same done upon complying with the following rule: If the owner of the property to be affected by such alteration conceives that he will be damaged thereby, and if such owner and said mayor and council shall be unable to agree as to the fact of such damage or the amount thereof, said mayor and council shall cause to be served on such owner or his agent notice of their intention to condemn such property, describing in such notice the property sought to be condemned, and to state the quantity sought to be taken and the purpose for which it is to be taken, which notice shall also state the time and place the proceedings to condemn such property will be had, which shall not be less than five nor more than ten days from such time of service. It shall be the duty of said mayor and council to select one upright and intelligent freeholder of said town, and the owner of such property, or his agent, may select one such person, of it he shall fail or refuse to make such selection, then it shall be the duty of the justice of the peace of the militia district in which said town is situated to select some intelligent and upright freeholder as aforesaid, and it shall be the duty of the two persons selected, in either way above named, to select a third upright and intelligent citizen, and it shall then be the duty of the said three persons to inspect the

Page 3018

property sought to be condemned, and to hear such evidence pertaining thereto as the parties may offer, taking into consideration the enhanced value, if any, of the property by reason of the opening, widening or altering of such streets, alleys, sidewalks or other passways, as the case may be, and from the decision of said freeholders there shall be an appeal by either party to the Superior Court of Carroll County, under the same rules and regulations as govern appeals from justice courts to the superior court. The mayor and council, upon payment or tender to the owner or his agent of any sum found by said arbitrators, shall have the right to proceed to open, widen or alter such streets, alleys or sidewalks, notwithstanding any appeal by any owner of such premises. Streets, sidewalks, etc. Section 15. There is hereby created in and for said town a gas, water, and light commission to consist of three members who shall possess the same qualifications required of the mayor and councilmen of said town and who shall be elected at the same time and in the same manner as the mayor and councilmen are elected. The members of said commission shall hold their respective offices for a term of four years, except that in the first election to be held under this charter, one such member shall be elected for a term of two years, another for a term of three years, and the third for a term of four years. Gas, water and light Commission. Section 16. Said gas, water and light commission herein created shall have power and authority to establish and maintain a system or systems of sewerage and drainage, waterworks, natural gas, and electricity in and around said town for the health, cleanliness, convenience and comfort of the inhabitants thereof and to fix the rates to be charged persons receiving the benefits of such services. Said commission shall be empowered, in cases of necessity, to take or use private property or injure private rights for the purpose of establishing and maintaining any of the system or systems herein authorized upon the payment of a fair and just compensation therefor. In the event that any person whose property is to be

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so taken or injured cannot reach an agreement with said commission as to the amount of compensation to be paid for such taking or injury, the damage shall be assessed as provided for in Section 14 of this Act and the same rights of appeal as therein provided shall also prevail in condemning property under this section. Section 17. Said gas, water and light commission shall have entire and absolute control and jurisdiction of all pipes, drains, sewers, power lines and other facilities connected therewith or annexed thereto within the corporate limits of said town and shall have full power to prescribe their location, structures, use and preservation and to make such regulations concerning them in all particulars as may seem best for the welfare and convenience of the inhabitants of said town with power also to require changes in, or the total discontinuance of, any such contrivances and structures. Said commission shall have power to cause such examinations and surveys to be made for the work contemplated in this section as shall be necessary or proper to the selection of the most advantageous location or locations, site or sites, methods or systems of locating, establishing, and maintaining all works and appliances necessary for the carrying out of the objectives of this section and the providing of sewerage, water, gas and electric service to the inhabitants of said town. Said commission shall be empowered to construct, contract for, lease, rent, or otherwise negotiate for the procurement of such services as shall be deemed in the best interests of said town. Section 18. The mayor shall hear and try all cases against persons charged with violations of the ordinances of said town and upon conviction may impose a fine not to exceed $25.00 and in default thereof imprisonment at labor on the public streets of said town not exceeding twenty-five days. 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.

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Section 19. The mayor and council shall have authority to pass regulations and ordinances for the general protection and welfare of the citizens of said town and such other rights and privileges as are granted by the laws of this State to other such municipalities. General powers. Section 20. An Act approved August 19, 1912 (Georgia Laws, 1912, p. 1153) incorporating the Town of Mount Zion and all laws amendatory thereto wherein they conflict with this Act are hereby expressly repealed. All ordinances and regulations now in effect in the Town of Mount Zion are continued in full force and effect until expressly repealed by the mayor and council thereof. Section 21. Provided however that this Act shall not be of force and effect until it has been voted on in a referendum to be voted on by the registered and qualified voters living within one mile in every direction from the center of the dividing line between land Lots No. 213 and 236 in the 10th District of said County of Carroll. This referendum shall be held by the following freeholders of Turkey Creek Militia DistrictAlton Smith, Bill Wright and Emery Ashmore. Referendum. The election shall be held on the 3rd Saturday in March, the polls shall open at 7 o'clock a. m. and close at 6 p. m. Only those voters registered and qualified to vote for the members of the General Assembly who live in the corporate limits of the Town of Mt. Zion as set out in this Act shall be eligible to vote in this referendum. It shall be the duty of the election holders to post a notice of such referendum in 3 public places in the Town of Mt. Zion at least 10 days before date of such referendum. Ballots to be used in this referendum shall have printed on them the following: For incorporation of the Town of Mt. Zion, Ga. in order that efforts may be made to secure a water system, natural gas, to secure a local industry and to keep our high school. Against incorporation of the Town of Mt. Zion, Ga.

Page 3021

Those favoring incorporation shall make an X in the block by For incorporation of the Town of Mt. Zion, Ga. Those against incorporation shall make an X in the block by Against Incorporation of the Town of Mt. Zion, Ga. If the voters voting in this referendum vote in favor of incorporation, this Act shall be of full force and effect and become law. If they vote against incorporation this Act shall be null and void and shall not become law. It shall be the duty of the election holders to forward to the Secretary of State at the State Capitol in Atlanta an affidavit signed by all 3 election holders stating the results of said referendum, and listing the number who voted for incorporation and the number who voted against incorporation. It shall also be the duty of the election holders to post at the Post Office of Mt. Zion, Ga. a notice showing the results of said election. The 3 election holders named in this Act will be the sole judges of who may vote in this referendum. Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation. The 1953 session of the General Assembly to amend, revise and supersede and consolidate the laws creating and affecting the Town of Mt. Zion, Ga., including provisions for the extension of the corporate limit of said town of Mt. Zion, Ga., for the creation of a water, light and gas commission in and for said town for the levying of taxes and for other purposes. J-15-3tc.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. C. Perkins, who, on oath, deposes and says that he is Representative from Carroll County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Free Press, which is the official organ of Carroll County, on the following dates: January 15, 1953; January 22, 1953; and January 29, 1953. /s/ C. C. Perkins, Representative, Carroll County. Sworn to and subscribed before me, this 10th day of February, 1953. /s/ Fred D. Bentley, Notary Public, State at Large. Approved March 4, 1953. THOMAS COUNTY DEPOSITORY. No. 415 (House Bill No. 521). An Act to amend an Act entitled An Act to abolish the office of County Treasurer of Thomas County, and to provide for the general management, keeping and disbursement of the funds of said county, approved August 17, 1916, (Ga. Laws 1916, p. 515), by striking from Section Three of said Act the words The bank offering the largest amount of interest on monthly balances and who shall furnish bond in some security company, authorized by law to do business in this State, in the sum heretofore given by the treasurer of said county, the premium upon which bond shall be paid by the county, said bond payable to the county commissioners of said county, conditioned as the bond heretofore given by the treasurer and substituting in

Page 3023

lieu thereof the words The two banks offering the best business accommodations and who shall pledge to said county obligations of or guaranteed by the United States Government, obligations of or guaranteed by the State of Georgia or any municipality or political subdivision thereof, in such amounts as may be approved by said county commissioners and by striking from Section Four of said Act the words said bank and substituting in lieu thereof the words each of said banks; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act entitled An Act to abolish the office of County Treasurer of Thomas County, and to provide for the general management, keeping and disbursement of the funds of said county, approved August 17, 1916, (Ga. Laws 1916, p. 515), be and the same is hereby amended as follows: Section 1. By striking from Section Three of said Act the words the bank offering the largest amount of interest on monthly balances and who shall furnish bond in some security company, authorized by law to do business in this State, in the sum heretofore given by the treasurer of said county, the premium upon which bond shall be paid by the county, said bond payable to the county commissioners of said county, conditioned as the bond heretofore given by the treasurer and substituting in lieu thereof the words the two banks offering the best business accommodations and who shall pledge to said county obligations of or guaranteed by the United States Government, obligations of or guaranteed by the State of Georgia or any municipality or political subdivision thereof, in such amounts as may be approved by said county commissioners so that said section as amended shall read as follows: Sec. 3, Act of 1916 amended. Sec. 3. Be it further enacted, that said commissioners, prior to the first day of January, 1917, and biennially thereafter, shall give thirty days' notice by publication in the official organ of said county, inviting

Page 3024

proposals from any chartered bank in said county for the keeping and disbursement of the county funds of said county for the next succeeding two years, and shall award the same to the two banks offering the best business accommodations and who shall pledge to said county obligations of or guaranteed by the United States Government, obligations of or guaranteed by the State of Georgia or any municipality or political subdivision thereof, in such amounts as may be approved by said county commissioners. County depository. Section 2. By striking from Section Four of said Act the words said bank and substituting in lieu thereof the words each of said banks so that said section as amended shall read as follows: Sec. 4 amended. Sec. 4. Be it further enacted, that each of said banks shall be designated as the county depository, and shall perform such duties in the matter of keeping and disbursement of the county funds as heretofore discharged by the office of county treasurer, but without compensation. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Section 4. That the following notice of local legislation with the certificate of the publisher as to publication are incorporated herein and made a part hereof: I, Lee E. Kelly, do certify that I am business manager of the Times-Enterprise Company; that the Times-Enterprise Company is the publisher of the Thomasville Times-Enterprise Weekly Edition; and that Thomasville Times-Enterprise Weekly Edition is the newspaper in which sheriff's advertisements for Thomas County, Georgia, are published. I do further certify that the notice of local legislation attached below this certificate was published in the Thomasville Times-Enterprise Weekly Edition on the 16th, 23rd and 30th days of January, 1953.

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Witness my signature this 31 day of January, 1953. /s/ Lee E. Kelly Notice of Local Legislation. Notice is hereby given to whom it may concern that after three (3) weeks' publication of this notice, and within sixty (60) days hereof, there will be introduced for passage by the General Assembly of Georgia a bill with the title and caption as follows: An Act to amend an Act entitled An Act to abolish the office of County Treasurer of Thomas County, and to provide for the general management, keeping and disbursement of the funds of said county, approved August 17, 1916, (Ga. Laws 1916, p. 515), by striking from Section Three of said Act the words the bank offering the largest amount of interest on monthly balances and who shall furnish bond in some security company, authorized by law to do business in this State, in the sum heretofore given by the treasurer of said county, the premium upon which bond shall be paid by the county, said bond payable to the county commissioners of said county, conditioned as the bond heretofore given by the treasurer and substituting in lieu thereof the words the two banks offering the best business accommodations and who shall pledge to said county obligations of or guaranteed by the United States Government, obligations of or guaranteed by the State of Georgia or any municipality or political subdivision thereof, in such amounts as may be approved by said county commissioners and by striking from Section Four of said Act the words said bank and substituting in lieu thereof the words each of said banks; and for other purposes. This 14th day of January, 1953. Board of Commissioners of Roads and Revenues of Thomas County, Georgia. By: J. W. Keyton, Chairman.

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Approved March 4, 1953. MARIETTACIVIL SERVICE SYSTEM. No. 416 (House Bill No. 571). An Act to amend an Act of the General Assembly of Georgia, approved August 15, 1904 (Ga. Laws 1904, pp. 519-533), being an Act to create a new charter for the City of Marietta, and the Acts amendatory thereof, especially the Act of the General Assembly, (Ga. Laws, 1952, pp. 2246-2265, Senate Bill No. 281) amending the charter of the City of Marietta, to exclude the payment of examination fees for applicants under civil service; to provide for a clerk of the civil service board; to define his duties and provide compensation therefor; 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. Section Eleven (11) of the Georgia Laws of 1952, pages 2246-2265 is hereby repealed in its entirety, and a new Section Eleven (11) is hereby substituted therefor as follows: Section 11. The board shall control all examinations, and whenever an examination is to take place, shall conduct such examination. Provided that before any such examination is held that public notice of same shall be given at least 15 days prior to same. Such public notice shall be posted in at least three prominent places in the City of Marietta, which shall be as follows: the city hall, post office and the Cobb County courthouse, and shall be run once a week for two weeks in a newspaper of general circulation in the City of Marietta and Cobb County. Examinations. Section 2. Section Seventeen (17) of the Georgia

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Laws of 1952, pages 2246-2265 is hereby repealed in its entirety, and a new Section Seventeen (17) is hereby substituted therefor as follows: Section 17. Said civil service board shall elect one of its members as chairman, who shall hold office as such chairman at the pleasure of the board. Said civil service board shall hold regular meetings on the third Mondays in January, April, July and October, for the transaction of any business that may come before it and may hold special, adjourned or call meetings at any time that the same may be called by the chairman of said board or by any two members thereof. In the case of any and all special or called meetings of the board, called in the manner hereinbefore provided, the clerk of the said board, which clerk shall be the City Clerk of the City of Marietta or his designee, shall give all members of the board five days written notice of such call or special meeting; and such a meeting cannot be legally held unless each member received such five days written notice or waives same in writing. Provided, however, that if a member absences himself from the city for more than 30 continuous days; then in such event a meeting may be duly and regularly held upon giving the requisite notice to the other two members of the board. At any regular, special or call meeting any two members of the board shall constitute a quorum for the transaction of business and the votes of any two members of the board shall be sufficient to transact its business. All meetings of the board shall be held in the city hall of the City of Marietta, or in such place as the city council holds its meetings. Civil service board. Section 3. Section Nineteen (19) of the Georgia Laws of 1952, pages 2246-2265 is hereby repealed in its entirety, and a new Section Nineteen (19) is hereby substituted therefor as follows: Section 19. The compensation of the members of said civil service board and the clerk of such board shall be $10.00 for each member or clerk for each meeting attended. The Mayor and Council of the City of Marietta

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shall provide for the payment of the salaries of the members of said civil service board and the clerk of such board and the payment of all expenses of said board, if such expenses other than salaries are approved by the mayor and council, and shall provide in the annual budget for the estimation and appropriation of a sufficient amount to cover same. Compensation of board members and clerk. Section 4. In the event any word, or portion of this Act should be declared void, illegal, or unconstitutional, the same shall not affect the remainder of the Act as it is hereby enacted to provide for separable and divisible parts and provisions in such event. Affidavit of Publisher. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher 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, amending, repealing sections, supplementing, and adding to the charter of the City of Marietta, as contained in the Georgia Laws, 1904, pages 519-533, being No. 614, which is entitled an `Act to create a new charter for the City of Marietta in the County of Cobb ' and the amendatory Acts thereof, especially Georgia Laws, 1952, pages 2246-2265 Senate Bill No. 281 amending the charter of City of Marietta, to exclude the payment of examination fees for applicants under civil service; to provide for a clerk of the civil service board; to define his duties and provide compensation therefor; and for other purposes, was published in the Cobb County Times in its editions of January 22, 29, and February 5, 1953. T-42 Georgia, Cobb County, City of Marietta. Notice of Local Legislation.

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Notice is hereby given that application will be made to the Georgia General Assembly at its session, convening in January, 1953, for the passage of local legislation and law amending, repealing sections, supplementing, and adding to the charter of the City of Marietta, as contained in the Georgia Laws, 1904, pages 519-533, being No. 614, which is entitled an `Act to create a new charter for the City of Marietta in the County of Cobb..... ' and the amendatory Acts thereof, especially Georgia Laws, 1952, pages 2246-2265 Senate Bill No. 281 amending the charter of City of Marietta, to exclude the payment of examination fees for applicants under civil service; to provide for a clerk of the civil service board; to define his duties and provide compensation therefor; and for other purposes. City of Marietta. By: Sam J. Welsch, Mayor. 1:22-29; 2-5 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 the 10th day of February, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times. Subscribed to and sworn to before me, a notary public, this 10th day of February, 1953. /s/ Margaret H. Smith Notary Public, Cobb County, Georgia. My com. expires Oct. 30, 1953. (Notarial Seal Affixed). Approved March 4, 1953.

Page 3030

FRANKLIN COUNTY COMMISSIONER OF ROADS AND BRIDGES. No. 418 (House Bill No. 601). An Act to create the office of Commissioner of Roads and Bridges and a Board of Finance for Franklin County; to provide for the manner of election of the commissioner and for the election of members of the board of finance; to define the duties and powers of the said commissioner and said board; to provide for division of Franklin County for the purpose of the election of the members of the board of finance; to provide for the salary and term of office of the commissioner and the members of said board; to provide for a referendum for the approval or rejection of this Act by the people of Franklin County; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The office of Commissioner of Roads and Bridges for Franklin County is hereby created. The commissioner shall be elected in the regular election to be held for State and county officers in 1956, and every four years thereafter, in the same manner as other county officers are elected, and the commissioner so elected shall, after qualification, enter upon the discharge of his duties upon the first day of January following his election. He shall hold office for a term of four years and until his successor is elected and qualified. Persons eligible to hold other county offices shall be eligible to hold the office of commissioner. If a vacancy occurs in said office, the same shall be filled by special election called and held in the same manner and governed by the same rules as apply to the election of the clerk of the superior court. In the interim, the chairman of the board of finance hereinafter named in this Act shall perform all the duties of said officer and assume all the responsibilities of the commissioner and receive compensation at the same rate as said commissioner, to be prorated

Page 3031

according to the length of time he served. Commissioner. Section 2. Before entering upon the discharge of his duties, the commissioner shall subscribe to the authority now required by law of county officers, and shall also give bond with good security payable to the Treasurer of Franklin County and his successors in office, in the sum of ten thousand dollars ($10,000.00), conditioned for the faithful performance of his duties as commissioner. This bond shall be approved by the ordinary of said county. The commissioner shall receive a salary of not less than three thousand dollars ($3,000.00) and not more than four thousand eight hundred dollars ($4,800.00) per annum, to be fixed by the board of finance. The salary shall be paid by the board of finance, to be hereinafter provded, out of county funds in equal monthly payments. Bond. Salary. Section 3. The commissioner of roads and bridges shall have the sole right to lay out, open, change or discontinue public roads in Franklin County according to the laws now in force and effect. He shall have sole management of construction and work of said roads. The commissioner shall have the authority to appoint all overseers and other officers that may be required to successfully carry out the provisions of this Act and to prescribe the duties of said overseers and officers, whose salaries shall be fixed and paid by the hereinafter mentioned board of finance. Section 4. The commissioner shall have authority to work, improve, and repair the public roads with labor provided by the county or may contract for the same with any person, company or corporation; provided, that when said roads are improved or repaired, or bridges built or repaired by persons, companies or corporations, all such contracts for said work shall be approved by the hereinafter mentioned board of finance. Section 5. A board of finance, consisting of three members, is hereby created for Franklin County. Said board shall be elected by the grand jury of Franklin

Page 3032

County held in September, 1956. The board of finance shall take office on January 1, 1957, and the members of said board for the first term shall hold their office for one, two, and three years respectively, as fixed by the grand jury. After the first term, a member shall be elected for a term of three years and until such time as a successor is elected by the grand jury. The grand jury shall elect one member from each of the following districts: Board of finance. First District: The militia districts known as the Maleys, Canon, Middle River, and Gunnels: Second District: The militia districts known as Carnsville, Dooleys, Ashland, Stranger, and Flintsville; Third District: The militia districts known as Bryants, Cumlog, Wellborn, and Red Hill. Should a vacancy occur in the board of finance, the next grand jury sitting thereafter shall elect a member to fill the vacancy. Section 6. The board of finance shall meet on the first Monday in January, 1957, and on the first Monday of each month thereafter. At such meetings they shall transact any business that may come before them, and, if they deem it necessary, may hold such called meetings of said board or may appoint or designate any one of their members to transact such business as they see fit. All of the meetings shall be held in the courthouse at Carnesville, Georgia. The board of finance shall elect one of its members as chairman, who shall preside over the meetings of said board, and a majority of the members shall constitute a quorum. It shall be the duty of said board to investigate the finances of Franklin County, to levy the taxes for the support of the county government, to supply money for the building of roads and bridges and other improvements necessary for maintenance of such roads and bridges. The commissioner of roads and bridges shall meet with the board of finance at their regular meetings and inform them of the needs of improving

Page 3033

the public roads and bridges of Franklin County. Meetings. Duties. Section 7. The board of finance shall audit every account, bill, or other item of indebtedness which may be presented against said county. It shall be the duty of the chairman of the board to sign all checks, warrants, or vouchers which may be necessary for payment of all indebtedness approved by said board; provided, however, that the clerk of the superior court shall sign all warrants for the payment of all witnesses, jurors, and other court expenses. Expenditures. Section 8. The board shall audit all accounts of any officers of the county having the care, custody, or collection of county funds. The board shall publish twice each year a full and complete statement of the finances of Franklin County and shall provide the grand jury of Franklin Superior Court a similar statement once each year. Audits, reports. Section 9. The board of finance may select a clerk for said board whose duty it shall be to keep the minutes of the meetings of said board and all records that may be necessary for the business of the board. The clerk shall receive a salary not to exceed eighteen hundred dollars ($1,800.00) per annum, to be fixed by the board of finance and paid out of the county funds. The clerk shall give security in the amount of one thousand dollars ($1,000.00), payable to the board of finance for the faithful performance of the duties of said office. Clerk. Section 10. The board of finance shall receive as compensation for their services ten dollars ($10.00) per day, not to exceed thirty (30) days in any one year. The chairman shall give bond in the sum of ten thousand dollars ($10,000.00), payable to the treasurer of said county for the faithful performance of the duties of his office, and the other two members of the board shall give bonded security in the amount of five thousand dollars ($5,000.00), payable in the same manner as the chairman. Compensation. Bonds.

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Section 11. The Ordinary of Franklin County shall retain the supervision of the courthouse and its grounds of said county. Ordinary. Section 12. For a period of two weeks prior to the general election of 1954, there shall be advertised in the official organ of Franklin County the date and purpose of an election to approve this Act. The ballot shall have printed thereon the words: For approval of the Act to create the office of Commissioner of Roads and Bridges and Board of Finance for Franklin County and to prescribe their duties, and Against approval of the Act to create the office of Commissioner of Roads and Bridges and Board of Finance for Franklin County and to prescribe their duties. Referendum. Those persons voting in favor of the Act shall vote for approval and those voting for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of this Act, then it shall become of full force and effect. If a majority of those persons voting vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Franklin County. It shall be the duty of the Ordinary of Franklin County to canvass the returns and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intends to introduce at the 1953 session of the General Assembly of Georgia a bill to provide for a Commissioner of Roads and Bridges and for a Board of Finance for Franklin County; to provide for their powers and duties; to provide for a referendum to the people of Franklin County for their approval of the commissioner and board of finance; and other purposes.

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Clarence G. Campbell, Senator, 31st District, J. Weldon Williams, Sr., Representative, Franklin Co. 2/12/53 2-5 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Weldon Williams, Sr., who, on oath, deposes and says that he is Representative from Franklin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carnesville Herald, which is the official organ of Franklin County, on the following dates: January 29, 1953, February 5, 1953, and February 12, 1953. /s/ J. Weldon Williams, Sr. Representative, Franklin County Sworn to and subscribed before me, this 16 day of February, 1953. /s/ Walter Harrison Notary Public Approved March 4, 1953. COLQUITT COUNTY AIRPORT AUTHORITY. No. 419 (House Bill No. 619). An Act to establish an airport authority for Colquitt County to be known as Colquitt County Airport Authority, which authority shall be a public corporation, having the right, power and authority, separately or jointly, to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for the use of aircraft

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within the limits of said county, including such airports and landing fields as may now be owned by Colquitt County; to provide for the membership of said Colquitt County Airport Authority, their tenure of office and the selection of their successors; and to prescribe generally the rights, powers, authority and duties of said airport authority; 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. There is hereby created and established in and for Colquitt County, Georgia an airport authority, which shall be known as the Colquitt County Airport Authority, which shall be a public body corporate and politic, having jurisdiction within the territory limits of said county, and which shall consist of a board of nine trustees. The word Authority as hereinabout used shall be deemed to mean the Colquitt County Airport Authority. Airport Authority. Section 2. The following named persons, all whom are residents of said county, are hereby designated and appointed as the original or initial members of said board of trustees to serve until their successors are named and appointed as hereinafter provided, to wit: W. A. Blasingame; Waldo DeLoache; Alex Hall; Dorsey Matthews; Robert C. Moss; Roy E. Parrish; W. C. Vereen, Jr.; W. B. Withers; and R. B. Wright. Board of trustees. Three members of said board shall serve a period of two years; three for a period of four years and three for a period of six years. Thereafter the regular term for all members of said board shall be for six years. The members of said board shall by lot determine those members who shall serve two, four, and six years, respectively, and thereafter the remaining members of the board shall elect and appoint the successors of those members retiring from time to time. Any member of said board shall be eligible to succed himself. In case of a vacancy, the remaining members of the board shall appoint someone

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to fill the vacancy for the unexpired term. The trustees shall be residents of said county, and shall elect one of the members as chairman and another as vice-chairman, and shall also elect a secretary and treasurer, who need not be a trustee. The trustees shall receive no compensation for their services, but shall be reimbursed for the actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its government and may delegate to one or more of members or its officers, agents, and employees, such powers and duties as may be deemed necessary and proper. Said Authority shall have perpetual existence. The term of office of the initial trustees, as hereinabove named, shall begin the first Monday in March, 1953 at 10:30 a.m. at which time said board shall meet in the courthouse of said county for its organization meeting and the respective tenures of the trustees shall be recorded in the minutes of said meeting. Section 3. Said Authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectuate its purposes and projects, including, but without limiting the generality of the foregoing, the power and authority: Separately or jointly, to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for use of air crafts within the limits of said county, including such airports and landing fields which may now be owned by Colquitt County; to sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to the exercise of the power of the Authority; to acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority; to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or interest therein; to mortgage, pledge and assign any revenues, incomes, tolls, charges or fees received by the Authority; to issue certificates of indebtedness for the purpose of providing funds for carrying out the duties of the Authority, provided such certificates shall not extend beyond the period of 30 years beyond

Page 3038

he date of issuance thereof and provided further that such certificate shall be repayable from the revenues realized from the projects or any part thereof; to borrow money for any corporate purposes; to appoint officers, agents or employees; to make use of facilities afforded by the Federal Government or any agency or instrumentality thereof; and to exercise any and all powers now or hereafter possessed by private corporations performing similar functions. Powers and duties. Certificate of indebtedness. Section 4. Said Authority shall not operate or construct any project for profit, and shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts sufficient together with other funds of the Authority to pay principal and interest on certificates and obligations of the Authority; to provide for maintenance and operation of the project and to create and maintain a reserve to meet interest and principal payments due on any certificate in any one year after issuance thereof, and to provide reasonable reserve for the expance of the facilities and service of the Authority. Said revenue certificates may be issued by said Authority in the same manner and subject to the like provisions as provided for the issuance of certificates of hospital authorities under the Hospital Authorities Law and may be validated in the superior court as provided for in the Constitution of this State and according to the provisions of the Revenue Certificate Law of 1937, as amended, providing for the issuance of revenue certificates for the purchase, construction, and operation, in whole or in part, of any revenue producing facility. No such certificate shall be a personal or general obligation of any of said trustees and none of said trustees, nor any person executing such certificate on behalf of said Authority shall be personally liable thereon. Projects. Certificates. Section 5. Nothing in this Act shall curtail or limit in any way the power and authority now existing in Colquitt County and their offices in respect to airports by reason of laws heretofore enacted.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced in the present session of the General Assembly of the State of Georgia, entitled: An act to establish an airport authority for Colquitt County to be known as `Colquitt County Airport Authority', which authority shall be a public corporation, having the right, power and authority, separately or jointly, to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for the use of aircraft within the limits of said county, including such airports and landing fields as may now be owned by Colquitt County; to provide for the membership of said Colquitt County Airport Authority, their tenure of office and the selection of their successors; and to prescribe generally the rights, powers, authority and duties of said Airport Authority; and for other purposes. Georgia, Colquitt County. I, Mabel C. Potts, do hereby certify that I am the secretary of The Observer Publishing Company, the owner and publisher of the Weekly Moultrie Observer, which is the official organ of said county and the newspaper in which the sheriff's advertisements therefor are published, and that the above and foregoing notice of local legislation, relating to the creation of the Colquitt County Airport Authority, was published in three issues of said newspaper, the dates of said publications Friday, January 23, 30 and February 6, 1953. Given under my official signature and the seal of said company this 16th day of February 1953. /s/ Mabel C. Potts Sec'ty Observer Publishing Co. (Seal). Approved March 4, 1953.

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BULLOCH COMMISSIONERS. No. 421 (House Bill No. 611). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Bulloch County, approved August 11, 1924 (Ga. Laws 1924, p. 290), as amended, particularly by an Act approved February 4, 1949 (Ga. Laws 1949, pp. 186-189), so as to change the compensation of the chairman and clerk and of the clerical help of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a Board of Commissioners for Bulloch County, approved August 11, 1924 (Ga. Laws 1924, p. 290), as amended, particularly by an Act approved February 4, 1949 (Ga. Laws 1949, pp. 186-189), is hereby amended by striking Section 2 of the amendatory Act approved February 4, 1949 (Ga. Laws 1949, p. 187), in its entirety, and by substituting in lieu thereof the following section, so that said section when amended shall read as follows: Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the salary of the chairman and clerk of said board shall be the sum of five thousand four hundred dollars ($5,400.00) per annum, payable in equal monthly installments; and the salary of the other two board members shall be six hundred dollars ($600.00) per annum each, payable in equal monthly installments. The chairman and clerk shall devote his full time to the duties of his office. The said board shall have the right to expend the sum of five hundred dollars per annum for the use of the chairman and members thereof in providing their transportation over the county while on the county's business; and the chairman and clerk of said board shall have the right to expend a sum not to exceed two thousand five hundred dollars ($2,500.00)

Page 3041

per annum for clerical help, to be paid, as are all other sums mentioned herein, from the county treasury; and that all provisions herein and this Act be, retroactive to January 1, 1953. Compensation, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Special Legislation. Notice is given that we will, during the 1953 session of the General Assembly of Georgia, introduce a bill to amend the Act approved on August 11, 1924, creating the Board of County Commissioners for the County of Bulloch, as amended by the several Acts amendatory thereof, so as to change the compensation of the chairman and of the clerical help of said board, and for other purposes. This January 20, 1953. /s/ A. J. Trapnell /s/ F. Everett Williams Representatives, Bulloch County, General Assembly of Georgia. 2-5-3tc-No. 22 Georgia, Fulton County. Personally appeared before the undersigned attesting officer, F. Everett Williams and A. J. Trapnell, who, being duly sworn, deposeth each of them and say: that they are the Representatives of Bulloch County in the General Assembly of Georgia, and that the attached notice of special legislation was published on January 22nd and 29th and on February 5th, 1953, in The Bulloch Herald a newspaper published weekly and circulated generally in said Bulloch County, and being the newspaper in which the advertisements of the sheriff of Bulloch County are published in the year 1953. /s/ F. Everett Williams /s/ Algie J. Trapnell

Page 3042

Sworn to and subscribed before me, this February 16, 1953. /s/ W. L. Denton Notary Public, Georgia, State at Large. (Notarial Seal Affixed). Approved March 4, 1953. LANIER TAX COMMISSIONER'S SALARY. No. 422 (House Bill No. 588). An Act to amend an Act creating the office of Tax Commissioner of Lanier County, approved August 26, 1931 (Ga. Laws 1931, p. 508), so as to change the compensation of the tax commissioner, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the office of Tax Commissioner of Lanier County, approved August 26, 1931 (Ga. Laws 1931, p. 508), is hereby amended by striking Section 10, relating to the compensation of the tax commissioner, in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Lanier County, Georgia shall fix the salary of the county tax commissioner. Said commissioners of roads and revenues in fixing said salary shall consider economy, efficiency, and remuneration for public service. In no event shall the salary of said tax commissioner be fixed at less than twenty-four hundred ($2400.00) dollars per annum. Salary. Section 2. This Act shall take effect immediately

Page 3043

upon its passage and approval by the Governor, or its otherwise becoming a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. We hereby give notice of legislation affecting the charter of Lanier County, as required by law. This legislation concerns the office of tax commissioner of Lanier County. W. S. Moorman, Senator. John W. Greer, Rep. (Feb. 5th.) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer, who on oath, deposes and says that he is Representative from Lanier County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lanier County News, which is the official organ of Lanier County, on the following dates: January 29, 1953, February 5, 1953, and February 12, 1953. /s/ John W. Greer Representative, Lanier County. Sworn to and subscribed before me, this 13 day of February, 1953. /s/ Frank H. Edwards Notary Public Notary Public, Georgia, State at Large My commission expires October 18, 1955. (Seal). Approved March 4, 1953.

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ODUM CHARTER. No. 426 (House Bill No. 604). An Act to repeal the present charter of the City of Odum, (Ga. Laws 1911, pp. 1434 to 1460), as amended in Georgia Laws 1949, page 2023; to create a new charter for the City of Odum; to declare the rights, powers and privileges of the municipality, and of its officers; to define the corporate limits thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, it is hereby enacted by the authority of the same: Section 1. That the Acts of the General Assembly of Georgia as contained in Georgia Laws 1911, pages 1434 to 1460 and Georgia Laws 1949, page 2023, be and the same are hereby repealed. Section 2. That a municipality be and the same is hereby created to be known as City of Odum, in the County of Wayne, State of Georgia to have perpetual existence, to have the power to sue and be sued, contract and be contracted with, to have and use a common seal, to hold, possess, lease, sell, or otherwise dispose of property within or without the limits of the corporation; to plead and be impleaded; to make and enact through its mayor and council such ordinances, by laws, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as said mayor and council may deem proper, not in conflict with the Constitution or laws of the State of Georgia or of the United States or with this charter; 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 empowered to bind the city to carry out the same. Said City of Odum, 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 the present

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City of Odum, and its former governing authorities as a body corporate, as heretofore incorporated. Incorporation. Section 3. Be it enacted, that the corporate limits of said town shall extend three-fourths of a mile in every direction, except as herein otherwise specified; from a point on the line of the Southern Railway in said county, where the Waresboro and Beard's Bluff public road intersects; exception being made that the swamps of Satilla Creek be made the boundary on the south, south-west and west in part, a more definite and corporate description of the proposed boundaries being as follows: Commencing at said center point where the Waresboro and Beard's Bluff public road intersects the Southern Railway, and extending eastwardly, parallel to said Southern Railway, for a distance of three-fourths of a mile; then at right angles with said Southern Railway three-fourths of a mile; thence very nearly west parallel with the Southern Railway to the edge of Satilla Creek swamp; thence along the wanderings of said swamp to a point where said creek passes under the Southern Railway; thence at right angles with said Southern Railway for a distance of three-fourths of a mile; thence parallel with said Southern Railway to a point opposite the terminus of the first described line; thence in a southerly direction for three-fourths mile to said Southern Railway at the point of commencement, power being hereby given the corporate authorities of said city to modify, alter, change and rectify said corporate limits. Limits. Section 4. Be it further enacted, that the governing authority of said corporation shall consist of a mayor and five councilmen, whose terms of office shall be for two years and until their successors are elected and qualified. The following shall be mayor and councilmen respectively, from the passage of this Act and until their successors are elected and qualify, to wit: B. A. Smith, Mayor; Nelson Carroll, C. A. Withrow, E. H. Hires, H. L. Kicklighter and Dan Shuptrine, Councilmen. Mayor and council. Section 5. An election for a mayor and four councilmen shall be held on the second Wednesday in December

Page 3046

1953 and every two years thereafter on the same day. The mayor and council shall have full authority to adopt the necessary ordinances fixing rules and regulations to govern such elections and fixing rules for registration, qualification of voters, voting, declaring the results of such election, filing and hearing contests, and all other matters connected therewith. Their election. Section 6. The mayor and council shall take office on the second Monday following such election, taking an oath to faithfully perform the duties of their offices before any officers of this State authorized to administer oaths. Section 7. In the event of any vacancy in the office of mayor or of councilmen, by death, resignation or any other cause, such vacancy, or vacancies, shall be filled by a majority vote of the remaining officers within thirty days after such vacancy occurs, and in such case the officer or officers so elected, shall take office immediately by taking the oath of office. Vacancies. Section 8. The mayor and council shall hold regular and open meetings on the first Tuesday of each calendar month, and called meetings at such times as is necessary to conduct the affairs of the city. Meetings. Section 9. No person shall be eligible for the office of mayor or councilmen who has not been a resident of said city for at least twelve months prior to the election at which such office is sought and who, is not a qualified voter of said city under the registration laws of said city at the time and who is not at least twenty-three years of age. Qualifications. Section 10. The mayor and council shall constitute the legislative department of the city, and as such shall be vested with full power and authority to condemn property within or without the corporate limits, necessary for any public purpose, in accordance with the procedure for the condemnation of property provided by the laws of Georgia; to acquire property both real and personal

Page 3047

for public purposes; to lease or sell any public property which is no longer needed for public purposes; to make and establish, by ordinance, rules and regulations in respect to public streets, sidewalks, alleys, parks, markets, drainage, fire control, railroads, transportation systems, carriers for hire, hotels, theatres, any and all places of amusement or entertainment, buildings, vehicles, filling stations, garages, public utility companies and all other matters or things affecting the government of said city as they shall deem necessary and proper for the security, welfare, health and convience of said city, and for the preservation of the peace and good order of same. Powers. All legislation shall be adopted or rejected by a majority vote, the mayor, in all cases being entitled to a vote only in case of a tie vote of the council. Section 11. The mayor and councilmen shall have full power and direction control over all streets, alleys, sidewalks, and street crossings and shall direct the mode, manner, and style in which they shall be opened or closed or constructed or maintained. Streets, sidewalks, etc. They shall likewise have power and authority, in their discretion, to grade, re-grade, pave, re-pave, macadamize, re-macadamize and otherwise improve for travel and drainage the streets, sidewalks, public lanes, alleys, and street crossings of the corporation, to put down curbing, guttering, and cross drains, and to otherwise improve the same, and to assess one-third (1/3) of the total cost thereof against the real-estate abutting on each side of the street upon which the improvement takes place, so that the abutting real property shall bear two-thirds (2/3's) of the entire cost. Whenever any railway company shall have and maintain any track or tracks on any street or part of street paved or unpaved, such railway company shall be assessed and shall pay the entire cost of paving the space occupied by their tracks, the distance between the tracks, between the rails of each track, and a distance of one (1) foot on each side of the outside rail of each outside track.

Page 3048

The mayor and councilmen shall have full authority to prescribe rules and regulations providing a method for apportioning the cost of the improvements determined upon, the issuance of executions therefor, and the method of collection thereof provided that all executions shall be levied and sales of property thereunder shall be in the manner by law provided for all executions. The corporations shall likewise have authority to prescribe methods and means of notice to owners of properties affected, and for an opportunity for hearing in protest of the contemplated improvement. The entire cost of lowering service pipes, sanitary sewers, water mains, gas mains, or of lowering conduits or other pipes, which lowering is necessary, in the opinion of the governing authority, in connection with the improvement determined upon, shall be borne by the abutting real estate and such cost shall be assessed and collected as is herein provided with respect to the apportioned cost of improvement. In the performance of any and all of the improvements herein provided and as may be determined upon, the mayor and councilmen shall have authority to cause such improvements to be made by corporate agencies or may contract the work to independent contractors. Section 12. The liens of all executions issued by the corporation shall have the same rank and priority of payment as tax executions for municipal taxes, and all recitals contained in any execution or deed pursuant thereto shall be prima facie evidence of the facts therein recited. Lien of executions. Section 13. The governing authority shall have power and authority to order the construction, improvements, and maintenance of all public works, and without limiting this generality, including sewerage, the care and improvement of the public parks, the public buildings, the streets and bridges, and any and all utilities which the corporation may determine to own and/or operate

Page 3049

for corporate and/or noncorporate users. Public works. The mayor and councilmen are authorized to issue bonds of the corporation in accordance with the laws of the State, in such matters provided, for any of the purposes hereinabove set forth, after first calling an election and thereat obtaining the assent of the number of the qualified voters of the corporation required by law. Bonds. Section 14. The mayor and councilmen shall have authority to appoint or elect officers, agents, and employees necessary, in the opinion of said mayor and councilmen, for the proper management and operation of said corporation and to prescribe their duties and fix their salaries. Said governing authority, in its descretion, may permit any person to hold one or more of said posisions or office, agency, or employment. Any and all powers of the mayor and council, save the power of legislation, may be delegated to any such officer, agent, or employee. Officers and employees. Section 15. The mayor and councilmen may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the corporation for the purpose of regulating the location of trades, amusements, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of buildings, fences, or other structures or the area or dimensions of lots or of yards used in connection with buildings or other structures; or for the purpose of regulating the alignment of buildings or other structures in relation to streets or in relation to one another. Zoning. The zoning regulations may be based upon any one or more of the purposes above described. The corporation may be divided into such number of zones, districts, or areas, and such may be of such shape and area as the governing authority shall deem best suited to accomplish the purposes of the zoning regulations.

Page 3050

In the determination and establishment of zones, districts, and areas, and regulations relating thereto, classifications may be based on the nature or character of the grade, industry, profession or activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; consistency of use of such premises with the use of other properties, both public and private, and including properties of the corporation, the county, the State, and the United States; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, property, welfare, or for the prosecution of the war, defense, and preparedness efforts of the State and Nation. All such powers shall be exercised only in conformity with the Constitution and laws of Georgia and the United States, at the time of the exercise of such powers, it being particularly intended to authorize said corporation, in the discretion of its governing authority, to take advantage of all present and future constitutional amendments to general law and/or new laws with reference to purposes of this section. No specific enumeration herein shall be construed to affect the generality of the powers conferred. Section 16. Be it further enacted, that the mayor and councilmen may establish within the corporate limits of said city, a system of public schools and for this purpose, shall have power and authority to assess and collect additional taxes of not more than one-half of one percent on all taxable property within said city for the purpose of supporting and maintaining of said schools; provided, that public schools shall not be established or maintained until the question shall have been submitted to a vote of the qualified voters of said city, and approved by a two-third majority of the qualified voters. Such questions shall be submitted after the same notice and manner as now provided by law for submitting the question of issuing municipal bonds. Said mayor and council shall also have power and authority to issue the

Page 3051

bonds of said city for the purpose of raising a school building fund, the proceeds of which shall be appropriated to the purchase of lands and the erection of school buildings thereon; provided, that such bonds, if issued shall be in pursuane of and after the election which shall be held in conformity to said Constitution and the said statutes of this State. Upon the establishment of a public school system said mayor and councilmen shall have power to provide for and elect a board of education to consist of three members to control the same. Schools. Section 17. The said city through its mayor and council shall have power and authority to levy and collect a tax upon all property, real and personal within the limits of the city, upon banking, insurance, and other capital employed therein, upon salaries and incomes derived from property and business within the city, and upon gross sales within the city. Said city shall have power to levy and collect an ad valorem tax on real and personal property within the corporate limits of the city not to exceed one percent upon the assessed value of said property for ordinary current expenses. In addition to the tax for ordinary current expense, the mayor and council may levy and collect a tax for educational purposes, for paving or macadamizing streets, and for payment of the principal and interest of the public debt not to exceed one and one-half percent upon the assessed value of such property. taxation. In addition to the foregoing taxes the mayor and council may, in case of emergency, to be judged by them, levy and collect an additional tax not to exceed one-half of one percent on the assessed value of such property, when the levy and collection of such emergency tax has been authorized by a vote of two-thirds of the legal voters of the city at an election called by the mayor and council for that purpose. Section 18. The mayor and councilmen, by ordinance or resolution, shall have full power to levy such license and specific or occupation taxes upon the residents of

Page 3052

the corporation, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the governing authority may deem expedient and necessary for the safety, benefits, convenience, or advantage of the corporation; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make all suitable laws and regulations necessary or proper to the carrying out of the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Licenses and occupation taxes. Section 19. All persons owning property subject to ad valorem tax shall make returns thereof at fair market value, for tax purposes, to such officer, at such times and in such form as the mayor and councilmen may direct. Tax returns. The mayor and councilmen shall constitute the corporation's board of tax assessors, and it shall be their duty to assess all property for taxation and in the event of failure to make a return as prescribed, to assess a penalty of ten per cent (10%) of the assessed value. Assessors. In the event of dissatisfaction on the part of any tax-payer over any such assessment, he shall, within ten (10) days of notice of assessment have the right to arbitrate the value by selecting a disinterested party, and the mayor and councilmen select a disinterested party; and those two to select another in case of disagreement and their decision as to the value of the property to be final. The arbitrator of the complaining taxpayer must be selected within (10) ten days of assessment notice; the arbitrator of the corporation within five (5) days thereafter and the third arbitrator, if necessary, within the next five (5) day period. In the event of failure to agree upon a third arbitrator within the time specified, the selection shall be made within twenty (20) days thereafter, by the Judge of the Superior Court of Wayne County. Arbitration.

Page 3053

The mayor and council shall have the right to employ engineers to make an appraisal of the property within the limits of said city for the purpose of equalizing such tax assessments. All ad valorem taxes shall be payable on or before the 20th day of December of the year in which levied and assessed. Section 20. The mayor and council shall have the right to enforce the collection of taxes and/or of any other money lawfully due the corporation, by execution issued by the governing authority or its designated officer or agent, bearing 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 sales under such executions shall be conducted as provided by law with respect to sheriff's sales. Executions. Any officer or agent of said corporation may be authorized by the governing authority to levy any such execution or they may be levied and collected by the Sheriff of Wayne County. Executions shall be directed to such officer in the alternative. No injunction shall issue in arrest of such executions but contest of the legality of any such execution shall be by affidavit or illegality as provided by law. Any sales under such executions shall be conducted by the levying officer and in the method provided as to sheriff's sales; deeds to successful bidders shall be executed by the mayor and councilmen and the levying officer shall have the right, power, authority, and duty to place the successful bidder and purchaser in possession of the property. The corporation shall have the power and authority to bid and to purchase at any such sale. Section 21. A police court of said corporation is hereby created. It shall be optional with the mayor and councilmen whether the mayor shall serve as presiding officer of the court, or whether they shall elect a recorder as such presiding officer. In the absence or disability

Page 3054

of the presiding officer, the mayor shall appoint a councilman to act as the presiding officer. All process, summons, and all attachments and executions for fines and other writs issuing out of said court shall be issued, served, and returned as prescribed by the governing authority, bear teste in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the Sheriff of Wayne County in the alternative, and served and executed by any officer or agent to whom directed. Police court. Said court shall be held as often as necessary to clear the dockets of said court. Said court shall have jurisdiction and authority (a) to try offense against the laws and ordinances of the municipal government and to punish for a violation of the same; (b) to punish witnesses for non-attendance, and to punish also any person who may council or advise, aid, encourage, or persuade another, whose testimony is desired or material in any proceeding in said court, to go or move beyond the reach of the process of the court; (c) to punish for any contempt of court; (d) through the presiding officer to impose fines not exceeding three hundred dollars ($300.00) and imprisonment not exceeding forty (40) days, either or both, in the discretion of the presiding officer. The presiding officer shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses against the laws of the State and within the limits of the corporation, which warrants may be executed by any officer or agent designated by the governing authority, and to commit the offenders to the jail of Wayne County, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. In all cases in the police court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Wayne Court for trial, or

Page 3055

in default of bond, committed by the police court to the common jail of Wayne County to await trial, the municipality shall be allowed the following costs: Issuing warrants $1.25 Taking examination of defendant 1.25 Examining witnesses .30 each Making out commitment .35 Summoning witnesses .30 each Serving warrant 1.25 Keeping and maintaining prisoner 1.25 per day Said costs shall be collected by the court in which the case is tried or triable in the same manner as other costs are collected by such court and paid over to the municipality. The mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary to secure the efficient and successful administration of the court. The right of certiorari from the decisions and judgments of the presiding officer shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the Judge of the Superior Court of Wayne County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 22. The mayor and each member of council shall be qualified to serve the municipality in any office or position of agency or employment, except that they shall not serve in the positions of one another as members of the governing authority, save that one of the councilmen may be designated as mayor pro tem. to serve in the absence or disability of the mayor. Mayor pro tem. In the event the mayor or councilmen should serve in any office or position of the municipality, save as a member of the governing authority, no compensation for such service shall be paid.

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Section 23. In addition to the powers hereinbefore enumerated, said corporation shall have all the additional power and authority usually and properly incident to municipal corporations not in conflict with the Constitution or laws of the State of Georgia or of the United States, which now exist or may hereafter exist by law, the mayor and councilmen being expressly empowered to adopt, in their discretion, any future law applicable to municipalities of this State without the necessity of further enabling enactments by the General Assembly of Georgia. General powers. Section 24. Upon presentation of a petition signed by a majority of persons residing in territory contiguous to the territorial limits of the corporation, the mayor and councilmen may, in their discretion, call a special election to be held not less than thirty (30) days, nor more than sixty (60) days from the presentation of said petition, at which election the qualified voters of the contiguous territory shall vote for or against annexation of such territory to this corporation. The mayor and councilmen are fully empowered to legislate respecting the mode and manner in which said election is held, the vote consolidated and the result determined. Elections to add territory. Only those presons residing in such territory who are qualified to vote for members to the General Assembly from Wayne County and have resided in such territory for a period of two (2) months next before the election and shall have registered as prescribed by the mayor and councilmen shall be entitled to vote at said election. Simultaneously with the election to be held by the residents of the territory requesting annexation, the mayor and councilmen shall cause to be held a special election by the qualified and registered voters of the then territorial limits of the corporation, at which election said voters shall also vote for or against annexation of said territory. Said election shall be held in accordance with the rules set forth in this Act respecting all municipal elections, and the mayor and councilmen shall have power and authority to prescribe other rules and regulations not inconsistent therewith. In the vote for annexation,

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the mayor and councilmen shall pass appropriate legislation to accomplish the inclusion of the territory in the corporate limits. Declaration of the results of such elections and contests thereof shall be governed by the provisions of this Act respecting municipal elections. Section 25. If any portion of this Act be declared invalid, the remainder hereof and the application of such portion to other persons or circumstances shall remain unaffected. Section 26. 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. State of Georgia, County of Wayne. Personally appeared before the undersigned officer, duly authorized by the laws of Georgia to administer oaths W. B. Rhoden, who being duly sworn, says on oath that he is the publisher of The Jesup Sentinel, a newspaper of general circulation in the County of Wayne and the newspaper in which the sheriff's advertisements for said county are published and that the following notice, to wit: Notice of Intention to Apply for Local Legislation. Georgia, Wayne County: Notice is hereby given that the City of Odum intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, convening in January, 1953, repealing the original Act creating a charter for the City of Odum, Georgia Laws 1911, page 1434 as amended in Georgia Laws 1949, page 2023, and creating a new charter for the City of Odum. This 29 day of December, 1952.

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H. L. Kicklighter, Mayor, City of Odum has been published in said Jesup Sentinel, once a week for three weeks, to wit, in the regular issues of January 1, 8, 15, 1953. W. B. Rhoden. Sworn to and subscribed before me, this 23, day of January, 1953. Hugh Jordan, Hugh Jordan, Notary Public, Wayne County Ga. My commission expires Sept. 8, 1953. (Seal). Approved March 4, 1953. BULLOCH TAX COMMISSIONER. No. 427 (House Bill No. 577). An Act to amend Section 8 of an Act approved March 24, 1937, to abolish the offices of Tax Receiver and Tax Collector and creating the office of Bulloch County Tax Commissioner, as amended by the Acts approved February 3, 1949 and the several Acts amendatory thereof, and particularly the Act approved February 21, 1951 contained in Georgia Laws 1951, pages 2938 to 2940, inclusive, so as to provide for an increase in salary to the county tax commissioner, to provide for an increase in the amount provided for securing clerical help; and for 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 8 of the Act to abolish the

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offices of Tax Receiver and Tax Collector of Bulloch County, Georgia, and to create the office of Bulloch County Tax Commissioner, as amended by the several Acts amendatory thereof, and particularly the Act approved February 21, 1951 contained in Georgia Laws 1951, pages 2938 to 2940, inclusive, be and the same is hereby amended by striking from Section 8 of said Act as amended by the Act approved February 21, 1951, the following language: That said Bulloch County Tax Commissioner shall receive and be paid, as full compensation for all duties performed by him as receiver and collector of county, school district, school, and school bonds, and any and all similar taxes, and performing any and all duties required as receiver or collector of county taxes, the sum of twenty-five hundred dollars ($2500) per annum, payable in equal monthly installments. The tax commissioner, out of his salary, fees, and commissions provided for in this Act, shall pay his bond to the State. The tax commissioner is to receive the sum of five hundred ($500) for aid in securing clerical help, to be paid from the county treasury. Said salary to be paid by the commissioners of roads and revenues of said county from the funds in the county treasury. Said tax commissioner shall give his time to the duties of his office, and that the following language be substituted in lieu thereof: so that said Section 8 as amended by this Act shall read as follows: Sec. 8, Act of 1951, amended. That said Bulloch County Tax Commissioner shall receive and be paid, as full compensation for all duties performed by him as receiver and collector of county, school district, school, and school bonds, and any and all similar taxes, and performing any and all duties required as receiver and collector of all county or other taxes, in lieu of any other compensation, a salary in the amount of four thousand eight hundred dollars ($4,800.00) per annum, payable in equal monthly installments, to be paid by the commissioners of roads and revenues of said county from the funds in said county's treasury; and from said treasury said commissioners of roads and revenues shall likewise pay an additional sum of two thousand one hundred dollars ($2,100.00) per annum, payable in

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equal monthly installments for clerical help for said tax commissioner; said tax commissioner is given the sole right to select such clerical help; and said commissioners of roads and revenues of said county shall not pay any bonding fee for said tax commissioner, but the same shall be a personal expense of said tax commissioner; all fees collected by said tax commissioner shall be paid by him into the treasury of said county, together with all other monies due said county treasury. Compensation. Clerical help. Fees. Section 2. That the provisions of this Act shall be retroactive to January 1, 1953. 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 Special Legislation. To The People of Bulloch County. You are hereby notified that we will, at the 1953 session of the Georgia Legislature, introduce a bill to amend the Act of the General Assembly of Georgia as approved February 22, 1943 (Ga. Laws, 1943, p. 839), and the Acts amendatory thereof, which bill will amend said Act so as to provide a straight salary in lieu of all fees to the county tax commissioner from the county treasury and provide a sum of money for clerical help. This the 19th day of December, 1952. /s/ F. Everett Williams, /s/ A. J. Trapnell, Bulloch County Representatives. 1-29-4tc-No. 7 Georgia, Bulloch County. Personally appeared before the undersigned attesting officer, F. Everett Williams and A. J. Trapnell, who on oath depose and say that they are the Representatives

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from Bulloch County in the House of Representatives of the General Assembly of Georgia, and that the attached notice of special legislation appeared in the Bulloch Herald, the official gazette of said county, and the newspaper in which advertisements of the sheriff of said county appeared, on the 8th, 15th and 22nd of January, 1953, and that said newspaper is the official gazette for the year 1953. /s/ F. Everett Williams, F. Everett Williams, /s/ A. J. Trapnell, A. J. Trapnell. Sworn to and subscribed before me, this 7th day of February, 1953. /s/ M. N. Hicks, Notary Public, Georgia, State at Large. Approved March 4, 1953. CARROLLTONSTREET AND SIDEWALK IMPROVEMENTS. No. 428 (House Bill No. 569). An Act to amend an Act approved August 4, 1925, entitled: An Act to amend an Act approved September 9, 1891, amending, consolidating, and superseding the several Acts incorporating the City of Carrollton in the County of Carroll, providing a new charter for the same, and the several Acts amendatory therefor, so as to authorize and empower the City of Carrollton, by its mayor and council to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and the same by paving, macadamizing and draining the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such

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grading, improvement, and paving entirely or partially by the abutting and adjacent property owners on the basis of ten percent yearly for ten years to provide for the issuance of bonds as the City of Carrollton by its mayor and council to be known as `Street Improvement Bonds', and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes, to provide for the Mayor and City Council of Carrollton to assess one-hundred percent of the total cost of improvements to streets and sidewalks in the City of Carrollton to the abutting property owners, along both sides of such improved streets and sidewalks, and for 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 from and after the passage of this Act the Act approved August 4, 1925, Georgia Laws 1925, page 950 entitled: An Act to amend an Act approved September 9, 1891, amending, consolidating, and superseding the several Acts incorporating the City of Carrollton in the County of Carroll, providing a new charter for the same, and the several Acts amendatory therefor, so as to authorize and empower the City of Carrollton, by its mayor and council to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Carrollton, and to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting and adjacent property owners on the basis of ten percent yearly for ten years to provide for the issuance of bonds as the City of Carrollton by its mayor and council to be known as `Street Improvement Bonds', and for the payment of the same; to provide for the renewal of any such paving and other paving previously

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laid, and for other purposes, and the several Acts amendatory thereof, are hereby amended as follows: Section 2. Section 4 of said Act is amended by striking from said paragraph then the City of Carrollton will be liable for one-third of said total cost and. By also striking the following words said two-thirds of, so that said paragraph as amended will read as follows: Sec. 4. Be it further enacted by the authority aforesaid, that whenever it shall be determined under the provisions of the foregoing sections that any street, avenue, lane or alley within the corporate limits of the City of Carrollton shall be paved, macadamized or otherwise improved as herein provided, then the total cost of said paving or improvement to be apportioned shall include grading, excavating, engineering and other things usual and incident to the proper paving of any street, and shall include all intersections. When the total cost as aforesaid has been determined, abutting property owners, along both sides of such paved or macadamizing; and each abutting property owner along said paved street, lane, avenue, or alley, shall be liable for his pro rata share of the total cost of paving or macadamizing, which pro rata share shall be calculated in accordance with the ratio which his abutting property front footage along both sides of said paved street, avenue, lane, or alley. Provided, however, that where sidewalks are paved under authority and provisions of this Act, or under other provisions of this city charter or amendments thereto or ordinances adopted in pursuance thereof, the mayor and council has the right to assess and collect from abutting property owners the entire cost of such improvement adjacent to and abutting said property. Provided, further that the mayor and council may assess and collect from the abutting property owners such proportionate part of the cost of curb and gutter adjacent to their property as said mayor and council may fix and determine. Paving assessments. Section 3. Section 5 of said Act is amended by striking therefrom two-thirds of, the same appearing in two

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places in said section so that said section as amended will read as follows: Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section 5 of this Act is presented or when the City of Carrollton by its mayor and council, shall have determined to pave or improve any street, avenue, lane, alley or other public place, and shall have passed the resolution or ordinance provided for in Section 3 of the Act, the said City of Carrollton, by its mayor and council, shall then 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 pay their proportionate part of the entire cost of such improvement, that is, the entire cost as prescribed and set forth in this Act, and to cause to be put in and constructed all necessary water or sewer pipes in and underneath the streets, avenues, lanes, alleys, and other public places where such improvements are to be made, as may be deemed proper and necessary by said mayor and council, and the total cost of such water or sewer pipe and necessary connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such water or sewer pipe and connections and costs of construction, in the general assessment under same rules and regulations as to cost of pavement as herein set forth. Water and sewer assessments. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws conflicting herewith be and the same are hereby repealed. 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 meets on the second Monday in January 1953, to permit the Mayor and City Council of Carrollton to levy and charge 100% of the cost of street and sidewalk improvements to the adjoining property owners; and for other purposes.

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Mayor and City Council of Carrollton. Georgia, Carroll County. Personally appeared before me, an officer authorized to administer oaths, Stanley Parkman, who, after being duly sworn says that he is editor of the Carroll County Georgian, legal organ for the County of Carroll for the year of 1952 and the foregoing was published in said paper on the 11th., 18th., and 24th. days of December, 1952, as provided by law. /s/ Stanley Parkman. Sworn to and subscribed before me, this 12 day of Jan., 1953. /s/ Wilma H. Upchurch, Ga. State at Large Notary Public. Approved March 4, 1953. TREUTLEN ORDINARY'S COMPENSATION. No. 430 (House Bill No. 527). An Act to supplement the fees of the Ordinary of Treutlen County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Ordinary of Treutlen County shall be compensated in the amount of fifty ($50.00) dollars per month from the general funds of said county, in addition to the fees and commissions received by the ordinary. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Treutlen County. Notice is hereby given that it is the intention of the undersigned to introduce legislation in 1953 regular session of the General Assembly of Georgia to provide that the Ordinary of Treutlen County shall be paid the sum of $50.00 per month in addition to the fees now received by the said Ordinary. This 12th day of January, 1953. Hugh Gillis, Representative, Treutlen County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Gillis, who, on oath, deposes and says that he is Representative from Treutlen County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Soperton News, which is the official organ of Treutlen County, on the following dates: Jan. 17th, 24th, and 31st. /s/ Hugh Gillis, Representative, Treutlen County. Sworn to and subscribed before me, this 9 day of Feb., 1953. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. (Seal). My commission expires Oct. 7, 1956. Approved March 4, 1953.

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CITY COURT OF BLAKELYSALARY OF JUDGE AND OF SOLICITOR. No. 432 (House Bill No. 477). An Act to establish The City Court of Blakely in and for the County of Early, in the State of Georgia approved August 21, 1906 (Acts of 1906, p. 161), so as to increase the salary of the judge of said court from nine hundred dollars per annum to one thousand eight hundred dollars per annum; and to repeal that portion of Sec. 4 of said Act of 1906 which prescribes the fees of the Solicitor of the City Court of Blakely, and provide in lieu thereof that said solicitor shall receive for services performed by him in said court the same fees as are allowed to solicitors-general in the superior courts under the laws of this State for similar services, the same to be paid out of the fines, forfeitures and costs and insolvent funds in said court; and to repeal Sec. 3 of the Act approved August 7th 1920 (Ga. Laws 1920, p. 316), and Sec. 3 of the Act approved August 18th, 1917 (Ga. Laws 1917, p. 220), fixing the compensation of said solicitor. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that An Act to establish the City Court of Blakely in and for the County of Early, in the State of Georgia, approved August 21st 1906 (Acts of 1906, p. 161) be and the same is hereby amended so as to increase the salary of the judge of said court from nine hundred dollars per annum to one thousand eight hundred dollars per annum, such one thousand eight hundred dollars to be paid in monthly installments or payments of one hundred fifty dollars each. Judge's salary. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said An Act to establish the City Court of Blakely in and for the County of Early, in the State of Georgia, approved August 21st 1906 (Acts of 1906, p. 161), be and the same is hereby amended by repealing

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that portion of its Section 4 which prescribes the fees of the Solicitor of the City Court of Blakely, and enacting in lieu thereof the following: The Solicitor of the City Court of Blakely shall receive for services performed by him in said court the same fees are are allowed to solicitors-general in the superior courts under the laws of this State for similar services, the same to be paid out of the fines, forfeitures and costs, and insolvent funds in said court. Solicitor's salary. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that Section 3 of the Act approved August 7th, 1920 (Ga. Laws 1920, p. 316), and Sec. 3 of the Act approved August 18th 1917 (Ga. Laws 1917, p. 220) fixing the compensation of the Solicitor of the City Court of Blakely be repealed, and they are hereby repealed. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. Georgia, Early County. Notice is hereby given of my intention to apply, at the January 1953 session of the General Assembly of Georgia for local legislation, the caption of which will be: An Act to amend `An Act to establish the City Court of Blakely, in and for the County of Early, in the State of Georgia', approved August 21, 1906 (Acts of 1906, p. 161), so as to increase the salary of the judge of said court from nine hundred dollars per annum to one thousand eight hundred dollars per annum; and to repeal that portion of Sec. 4 of said Act of 1906 which prescribes the fees of the Solicitor of the City Court of Blakely, and provide in lieu thereof that the said solicitor shall

Page 3069

receive for services performed by him in said court the same fees as are allowed to solicitors-general in the superior courts under the laws of this State for similar services, the same to be paid out of the fines, forfeitures and costs, and insolvent funds in said court; and to repeal Sec. 3 of the Act approved August 7th, 1920 (Ga. Laws 1920, p. 316), and Sec. 3 of the Act approved August 18th, 1917 (Ga. Laws 1917, p. 220) fixing the compensation of said solicitor. This November 28, 1952. Leon H. Baughman, Representative from Early County in the General Assembly of Georgia. We, A. T. Fleming and W. H. Fleming, do hereby certify that we are the editors and publishers of The Early County News, a newspaper published weekly in Blakely, in Early County, Georgia, in which the sheriff's legal advertisements for said county appear and are published; that the notice of local legislation of which the above and foregoing is a copy, was published in said newspaper once a week for three weeks during a period of sixty days immediately preceding January 10th, 1953, and that said notice has been published according to law and in the issues of said newspaper of December 4, 11, 18 and 25, 1952 and January 1 and 8, 1953. This January 10th 1953. /s/ A. T. Fleming /s/ W. H. Fleming, Editors and Publishers of The Early County News, Post Office address: Blakely, Georgia. Approved March 4, 1953.

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GILMER COUNTY COMMISSIONER. No. 433 (House Bill No. 617). An Act to amend an Act creating the office of County Commissioner and an Advisory Board of Gilmer County, providing for duties and compensation, and providing for a clerk for said commissioner, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, so as to raise the compensation of said clerk from fifty dollars ($50.00) per month to one hundred dollars ($100.00) per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the office of County Commissioner and an Advisory Board of Gilmer County, providing for duties and compensation, and providing for a clerk for said commissioner, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, is hereby amended by striking from Section 4 of said Act the words and figures, fifty ($50.00) dollars, and inserting in lieu thereof the words and figures, one hundred ($100.00) dollars, so that said Section 4, when so amended, shall read as follows: Section 4. Be it further enacted by the authority aforesaid that the said county commissioner may have a clerk to keep all the books and records of his said office, his salary to be fixed by said county commissioner, together with the advisory board hereinafter created and provided for, but said salary is not to exceed the sum of one hundred ($100.00) dollars per month. Said salary for said clerk is to be in full compensation for his services, free from any prerequisites of any kind or character. Said clerk shall perform all the duties required of him by said commissioner in keeping all the records and minutes of said office and keeping the commissioner's office open and all records open to public inspection by any taxpayer of said county. If no clerk shall be appointed the

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county commissioner herein named, Ernest T. Hudson, and his successors in office shall discharge the duties of such clerk. Clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Gilmer County. To All Persons, Greetings: Notice is hereby given that I will introduce a local bill in the 1953 regular session of the General Assembly of Georgia amending the Board of Commissioners of Roads and Revenue so as to provide for an increase in salary for Clerk of Board of Commissioners of Roads and Revenue from $50.00 per month to the sum of $100.00 per month. This 27th day of January 1953. Joe P. Holloway, Representative of Gilmer County, Ga. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. P. Hollway, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the , which is the official organ of Gilmer County, on the following dates: Jan. 27, 1953, Feb. 3, 1953, and Feb. 10, 1953. /s/ Joe P. Holloway, Representative, Gilmer County. Sworn to and subscribed before me, this 17th day of Feb. 1953.

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/s/ O. S. Laster, Notary Public. Approved March 4, 1953. MONROE TAX COMMISSIONERS COMPENSATION. No. 434 (House Bill No. 547). An Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Monroe County into the office of Tax Commissioner of Monroe County, approved August 28, 1931 (Ga. Laws 1931, p. 538), as amended, particularly as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1174), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act consolidating the offices of Tax Collector and Tax Receiver of Monroe County into the office of Tax Commissioner of Monroe County, approved August 28, 1931 (Ga. Laws 1931, p. 538), as amended, particularly as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1174), is hereby amended by striking from Section 4 the figure $3600.00 and substituting in lieu thereof the figure $4500.00, so that Section 4 when so amended shall read as follows: Section 4. That from and after the approval of this Act, the Tax Commissioner of Monroe County shall receive as his full and complete compensation the sum of $4500.00 per annum. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly of Georgia a bill changing the compensation of the Tax Commissioner of Monroe County; and for other purposes. This 20 day of January, 1953. Representative, Monroe County. Wm. B. Freeman. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B. Freeman, who, on oath, deposes and says that he is Representative from Monroe County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe Advertiser, which is the official organ of Monroe County, on the following dates: January 22, January 29, and February 5, 1953. /s/ Wm. B. Freeman, Representative, Monroe County. Sworn to and subscribed before me, this 10 day of February, 1953. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My Commission expires October 18, 1955. Notarial Seal Affixed. Approved March 4, 1953.

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PAULDING TAX COMMISSIONER. No. 435 (House Bill No. 615). An Act to amend an Act creating the office of Tax Commissioner of Paulding County, approved February 25, 1949 (Ga. Laws 1949, p. 1335), so as to provide for funds for clerical help of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the office of Tax Commissioner of Paulding County, approved February 25, 1949 (Ga. Laws 1949, p. 1335), is hereby amended by adding after the word funds and before the word the in line six of Section 4, the words plus an allowance of six hundred ($600.00) dollars per annum for clerical help, so that Section 4 when so amended shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that the compensation of the tax commissioner of said county is hereby fixed at an annual salary of $3,000 to be paid monthly from the general funds of said Paulding County, Georgia, and said salary shall be in full payment of all services rendered by said tax commissioner of said county, and from such funds, plus an allowance of six hundred ($600.00) dollars per annum for clerical help, the said tax commissioner shall pay all clerical hire and expenses of the office except office equipment, stationery, printing and supplies; the ordinary of said county or county authorities having control of the courthouse of Paulding County, shall furnish or cause to be furnished an office in the courthouse for said tax commissioner for the purposes of transacting the business of said office, and said tax commissioner shall be required, under this Act, to maintain and keep his office open for the transaction of business connected with said office every business day, the same as other county offices are kept open. Clerical help.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. To Whom This May Concern: Notice is hereby given that the undersigned will introduce a bill in January 1953 session of the General Assembly of Georgia, providing for an amendment to House Bill No. 377 passed at the 1949 session of General Assembly, known as the Paulding County Tax Commissioner's bill. This January 6th, 1953. W. L. Denton, Representative Paulding County, Georgia. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. L. Denton, who, on oath, deposes and says that he is Representative from Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of Paulding County, on the following dates: Jan. 1, 1953, Jan. 8, 1953, and Jan. 15, 1953. /s/ W. L. Denton Representative, Paulding County. Sworn to and subscribed before me, this 17 day of February, 1953. /s/ Josephine M. McKibben Notary Public Approved March 4, 1953.

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COLEMAN'S LAKE CHARTER. No. 436 (House Bill No. 592). An Act to incorporate the City of Coleman's Lake in the County of Emanuel to define the corporate limits thereof; to provide for a mayor and council; to prescribe their powers and duties; to provide for elections; to provide for taxation; to provide the qualifications of voters; to provide for registration; to provide for a police court; to provide for employees; to authorize said city to own, maintain and operate a system of water works, sewers and electric light plants; to provide for the issuance of bonds; to provide for condemnation; to provide for streets, avenues, sidewalks and alleys; to authorize the issuance of licenses; to provide for all other matters and things which are necessary and proper for the existence of a municipal corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The City of Coleman's Lake in the County of Emanuel is hereby incorporated under the name and style of the City of Coleman's Lake, by which name it may sue and be sued, plead and be impleaded, contract and be contracted with and exercise the powers and privileges hereinafter delegated and all other powers and privileges necessary and proper to the existence of a municipal corporation. Incorporation. Section 2. The corporate limits of the City of Coleman's Lake shall include the area as shown by a plat made by Frank J. Ford, surveyor, on February, 4, 1953, which plat is filed for record in the office of the Clerk of the Superior Court of Emanuel County. A description of said corporate limits as shown by said plat is as follows: Beginning at the northeast corner of said area as shown by said plat where a cypress tree is located with

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`City Limits' sign attached thereto and thence running south 15 30 minutes west 1600 feet to a corner and where a sign appears with the words `City Limits' thereon; thence running north 77 0 minutes west a distance of 3200 feet to a corner and where a sign is erected with the words `City Limits' thereon; thence running north 17 0 minutes east 2450 feet to Ogeechee River and where a sign is erected with the words `City Limits' thereon; thence running along the meandering of said river to point of beginning. Limits. Section 3. The mayor and council of said city shall, within sixty days after the date this Act become law, plainly mark and establish the corporate lines by placing additional sign boards at every place necessary and at every road, lane or pathway crossing said corporate lines, with the words City Limits inscribed thereon in letters sufficiently large for plain and clear reading. Marking of limits. Section 4. The municipal government of said city shall be vested in a mayor and three councilmen. Section 5. The mayor and council shall constitute the legislative department of said city, and as such shall have full power and authority to establish such rules, laws, ordinances, regulations and orders as they deem proper, respecting any and all municipal affairs, and which they may consider necessary or proper, or incident to the good government of said town, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preservation, peace, good order, and dignity of said government. Mayor and council. Section 6. The mayor and council of said city may elect a town clerk and treasurer, who shall hold office for such period of time and receive such compensation as may be provided by said mayor and council. Said mayor and council likewise may elect such other city employees as in their opinion should be employed. All such employees shall be elected for such term and upon such conditions as may be prescribed by said mayor and council, and shall receive such compensation as may be

Page 3078

provided at the time of election. Officers and employees. Section 7. The first mayor of the City of Coleman's Lake shall be Oscar Fulghum and the first three councilmen shall be Horace Coleman, W. R. Hayman, and Hayward Fulghum. The mayor named herein and the three councilmen named herein shall serve until December 31, 1956. Section 8. On the 1st Tuesday in the month of October in the year 1956, an election shall be held in said city to elect the successors to the mayor and councilmen named herein. The successors elected shall take office January 1, 1957 for a term of two years. All future elections shall be held on the same day every two years and the terms of office of the mayor and councilmen shall be for two years. Election of mayor and councilmen. Section 9. Any person who is a resident of said city and who has been a resident thereof for the six months immediately preceding the date of the election and who is twenty-one years of age and a qualified voter of said city shall be eligible to be elected as mayor and councilman. Should the mayor or any councilman remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Qualifications. Section 10. The members of the council shall elect one of their number as mayor pro tem. who shall serve in the absence of the mayor and shall be vested with all the power and authority of the mayor. Mayor pro tem. Section 11. In the case of a vacancy in the office of mayor or any councilman by reason of death, removal, disability or from any cause other than the expiration of the term of office, such vacancy shall be filled by appointment by the mayor and remaining members of the council or the remaining members of the council as the case may be. The person so appointed shall serve for the remainder of the unexpired term. Vacancies.

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Section 12. Before entering upon their duties as mayor and council of said town, the mayor and council shall take the following oath: I do solemnly swear that I will faithfully discharge the duties devolved on me as Mayor or Councilman (as the case may be) of the City of Coleman's Lake. That I will faithfully execute and enforce the laws and ordinances of said city to the best of my ability, skill and knowledge, so help me God. Oaths. Section 13. The mayor shall be the chief executive officer of said city and shall be charged with the duty of seeing that all laws, ordinances, rules and regulations of said city are enforced. He shall preside at all meetings of the council. He shall have veto power and may veto any ordinance, order or resolution of the city council and the same shall not become a law unless subsequently passed over his veto by a unanimous vote of the council. Mayor's powers and duties. Section 14. The mayor shall have full authority and power to pardon or suspend or commute the sentence of any person convicted of a violation of any ordinance of said city. Section 15. The Mayor and Council of Coleman's Lake shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor shall have power to convene the city council in special sessions whenever he deems it proper, and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session. Meetings. Section 16. The salary of the mayor shall be $5.00 five dollars per month. The compensation of each member of the council shall be $5.00 five dollars per month. Compensation. Section 17. The mayor and council shall have authority to elect a chief of police and such other policemen as they deem desirable and necessary and to fix the compensation therefor. Police. Section 18. The mayor and council shall likewise have the right to establish a fire department, with such

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officers and employees and at such salary as the mayor and council may determine. Fire protection. Section 19. Any person who has been a resident of said city for at least six months immediately preceding the date of an election and who is qualified to vote for members of the General Assembly shall be eligible to vote in such election if such person is properly registered as hereinafter provided. Qualified voters. Section 20. The mayor and council shall provide suitable books or cards, or both, for the permanent registering of voters of said city. Every person registered shall take the following oath: I do hereby solemnly swear that I am 18 years of age, that I will have been a resident of the City of Coleman's Lake for six months on or before the date of the next city election and am qualified to vote for members of the General Assembly. Registration. The clerk or other person designated by the mayor and council shall be the registrar of the city. He is hereby given the authority to administer the above oath. No person registering shall be required to again register as a qualified voter of said city as long as he remains a resident thereof and does not become otherwise disqualified. Whenever an election is to be held for said city, the Registrar shall close the registration records fifteen days before such election. It shall be the duty of the registrar to make a list of qualified voters for each election. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding the registration of voters for said city. Section 21. The mayor and council of said city are authorized and empowered to provide by ordinance for the assessment, levying and collecting of ad valorem taxes not exceeding 10 mills on the dollar of all property, real and personal, within the corporate limits of said city. They shall likewise have power and authority to levy and collect a specific tax on any and all professions, trades, calling, or business of any nature whatsoever. Taxation.

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Section 22. The mayor and council of said city shall have the right to provide for the annual return of property, both real and personal for taxes, by the citizens and taxpayers of said city, and shall have the right to supervise all the returns for taxes and, in their discretion, place a proper valuation on such property, subject to taxation, when they are satisfied that said property has not been returned at its proper valuation by the owner, or agent in charge of same; Provided, however, that they give the owner or agent of said property three days notice of their intention to revise said tax returns prior to the time of doing so. The mayor and council of said city shall by ordinance provide the time for the making of such tax returns, and the time when taxes shall be paid to said city. Section 23. The City of Coleman's Lake is authorized and empowered to issue bonds for any municipal purposes within the limits provided by the Constitution and laws of the State of Georgia, and in accordance therewith. Bonds. Section 24. There shall be a police court established by said city, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government, and shall be presided over by the mayor of said city, or the mayor pro tempore in the absence or disqualification of the mayor. Police court. Section 25. The mayor, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed $200.00, or to imprison offenders for a period of not more than thirty days, or to labor on the public works or the streets of said city for a period of not more than ninety days. He shall have the power to punish for contempt by a fine not to exceed $50.00, or imprisonment not to exceed thirty days. He shall have the power of a justice of peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and

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to try and to commit the offender to jail in Emanuel County, or admit them to bail, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Section 26. The chief of police or some other member of the police force, to be designated by him, shall attend the session of said court, and act as clerk thereof. He shall sign and execute all processes, summons, subpoenas, and other processes from said court. Section 27. There shall be no appeal from the judgments or decisions of the police court of said city, except by writ or certiorari to the Superior Court of Emanuel County, Georgia, and such writ of certiorari shall be obtained in the manner now provided by the general laws of the State of Georgia. Certiorari. Section 28. Said City of Coleman's Lake, by and through its mayor and council, shall have full power and authority to grade, pave and otherwise improve for travel and drainage any street, sidewalks, public lanes, and alleys in said town. They shall have full power and authority to assess 2/3 of the cost of paving, and otherwise improving sidewalks on the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved. The cost of such improvements assessed against the abutting property shall be a lien on such property and collection thereof may be enforced by execution and sale. Streets, sidewalks, etc. Section 29. Said City of Coleman's Lake, through its mayor and council, is vested with full power and authority to establish, equip and maintain a system of sewerage and drains in said city. Sewerage. Section 30. The City of Coleman's Lake shall have the power of eminent domain, to condemn public or private property for the use of said city in accordance with the general laws of this State. Eminent domain. Section 31. Said mayor and council shall likewise

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have the power to prescribed by ordinance, rules and regulations for the erection or improvement of any building of any kind within the limits of said city, with authority to require building permit before same can be erected, and likewise full and complete authority to control and regulate the installation of all plumbing, for the protection of the property, the health and comfort of the inhabitants of said town. Building regulations. Section 32. The mayor and council shall have the right to enact all ordinances necessary and proper for the existence of said city. Section 33. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Emanuel County. I, the undersigned publisher and manager of Swainsboro Forest Blade, the official organ of Emanuel County, Georgia in which sheriff's advertisements are published, do hereby certify that the notice hereto attached signed by Oscar T. Fulghum of intention to apply for passage of local bill incorporating Coleman's Lake, is the exact notice that was published in said Swainsboro Forest Blade as required by the statute in such cases made and provided and that said notice was published as provided by said law, Section 47-801, 1933 Code of Georgia, relating to passage of local bills by the General Assembly. This certificate made this the 6th day of February, 1953. /s/ Bob Gentry Publisher and Manager of Swainsboro Forest Blade. Notice of Intention to Apply for Passage of Local Bill. Georgia, Emanuel County. Notice is hereby given that the undersigned, Oscar T.

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Fulghum, will apply to the General Assembly of the State of Georgia at the 1953 session thereof for the passage of a bill incorporating the place in Emanuel County, Georgia known as Coleman's Lake to be incorporated under the name of Coleman's Lake, Georgia with usual powers, privileges and rights of a municipality. This the 19th day of January, 1953. Oscar T. Fulghum. Approved March 4, 1953. DE KALB COMMISSIONER'S SALARY. No. 437 (House Bill No. 584). An Act to amend an Act approved August 21, 1906, which is entitled, An Act to authorize the election of a Commissioner of Roads and 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, and all Acts amendatory thereof and, also to amend an Act approved March 20, 1943, entitled, An Act to create and establish for DeKalb County a DeKalb County Waterworks Advisory Board: to define and prescribe the powers and authority of such board: to provide qualifications for membership 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 be entitled: to provide that the Commissioners of Roads and Revenues of DeKalb County shall be the administrator of said waterworks system: and for other purposes, and all Acts amendatory thereof so as to fix the salary of the Commissioners of Roads and Revenues of DeKalb County, Georgia, and to provide how the same shall be paid and the proportion to be paid from the receipts of the DeKalb

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County waterworks system and the proportion to be paid from the receipts of the DeKalb County sewer system, and for other purposes. It is enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. That the Act approved August 21, 1906, (Ga. Laws, 1906, p. 405) and all Acts amendatory thereof, and the Act approved March 20, 1943 (Ga. Laws 1943, p. 941) and all Acts amendatory thereof be and the same are hereby amended so that from and after the passage of this Act, the salary of the Commissioner of Roads and Revenues of DeKalb County, Georgia, shall be fifteen thousand dollars per annum, which shall be paid monthly as follows: Ten thousand dollars of said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn; one thousand of said salary shall be paid from the receipts of the DeKalb County sewer system and shall constitute an administrative expense of said system; and four thousand dollars of such salary shall be paid from the receipts of the DeKalb County waterworks system and such sums shall constitute and administrative expense of said system. The salary so fixed shall constitute the entire compensation to which the commissioner of roads and revenues of said county shall be entitled either as such commissioner or as the administrator of the DeKalb County waterworks system. Salary. Section 2. Be it further enacted by the authority aforesaid that if any section or portion of this Act be declared unconstitutional the remaining sections or portions hereof shall not be affected thereby and the remaining provisions of the Act shall not be invalidated but shall remain in full force and effect. 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

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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. 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. 128 Atlanta Avenue Decatur, Ga. February 12, 1953. 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 January 15, 22, 29, 1953. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 12th day of February, 1953. /s/ Evelyn Howard Notary Public, DeKalb County, Ga. My commission expires Jan. 23, 1957. (Notarial Seal Affixed). Copy of Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to

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apply to the 1953 session of the General Assembly of Georgia for the passage of local legislation, the title of such bill to be as follows: An Act to amend an Act, approved Aug. 21, 1906, which is entitled, An Act to authorize the election of a Commissioner of Roads and Revenue for the County of DeKalb; to prescribe his power, duties and compensation; to repeal the Act approved Dec. 18, 1902, creating a board of commissioners of roads and revenues for said county, and for other purposes, and all Acts amendatory thereof and, also to amend an Act approved March 20, 1943, entitled, `An Act to create and establish for DeKalb County a DeKalb County Waterworks Advisory Board; to define and prescribe the powers and authority of such board; to provide qualifications for membership on said board; to determine the method of appointment of members of said board; to fix the compensation to which the members of said board shall be entitled; to provide that the Commissioners of Roads and Revenues of DeKalb County shall be the administrator of said waterworks system; and for other purposes, and all Acts amendatory thereof so as to fix the salary of the Commissioners of Roads and Revenues of DeKalb County, Ga. and to provide how the same shall be paid and the proportion to be paid from the receipts of the DeKalb County waterworks system and the proportion to be paid from the receipts of the DeKalb County sewer system, and for other purposes. This the 15th day of January, 1953. W. H. McWhorter, Guy W. Rutland, Jr., Mell Turner. 1-15-3t Approved March 4, 1953.

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PRIMARY ELECTIONS. No. 438 (Senate Bill No. 78). An Act to amend an Act to regulate primary elections in all municipalities in the State of Georgia, by providing how such elections shall be conducted, the returns thereof made, and to provide penalties for violation thereof, and providing that same shall apply only to cities of 200,000 or more, according to the last or any future Federal decennial Census; approved March 23, 1933 (Ga. Laws 1933, pp. 227-232), and for other purposes, so as to fix the date for primaries; to provide that voting precincts shall remain open from 7:00 o'clock, a.m. until 8:00 o'clock, p.m. on election days.; to provide closing date for registration; to provide for registration and voting by members of armed forces; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the said Act, described in the caption hereof, be and the same is hereby amended as follows: Section 1. By striking Section 18 of said Act, which reads as follows: Section 18. All primary elections held by any political party or organization shall be held not earlier than September 1st, and not later than October 31st, of any year., and inserting in lieu thereof a new Section 18, as follows: Section 18. All primary elections held by any political party or organization shall be held on the second Wednesday in May preceding any general election provided by law for any such city. Any second primary that may be necessary shall be held on the succeeding fourth Wednesday in May. Date. Section 2. By adding to said Act the following section: Section 18 (a). The polls at all voting precincts

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established by ordinance or law in any such city shall be open at 7:00 o'clock, a.m. and shall remain open for the receipt of votes until 8:00 o'clock, p.m. on each day when any primary election is held as provided by this Act. Hours. Section 3. By adding to said Act the following section: Section 18 (b). The registration list furnished for such primary election by the registrars shall not contain the name of any elector who was not registered at least 30 days before the primary election authorized by this Act, as amended. The registration list for all such primary elections shall close 30 days prior to the election. The registration list used in any second primary election shall be the same as that used in the first primary election. Provided, however, that men and women in the armed forces, who are residents of any such city and who are otherwise qualified to vote in any such election, may register up to and including the day of any such primary election and shall be permitted to vote, upon certificate issued by the registrar, either at the established polling place or by absentee ballot. Registration lists. Members of armed forces. Section 3A. The General Assembly of the State of Georgia hereby declares that the purpose of this Act is to fix the time of holding a primary sufficiently in advance of the time of the general election so as to incorporate into the election laws of the municipalities hereby affected the same voting rights for members of the armed services desiring to vote in municipal elections as are provided by laws in other State elections and all otherwise qualified members of the armed forces entitled to vote under the law relating to General State elections, shall be entitled to vote in municipal elections in any city affected by this Act. Legislative intent. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1953.

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GENERAL ASSEMBLYCANDIDACY OF FLOYD COUNTY REPRESENTATIVES. No. 440 (House Bill No. 594). An Act to require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia from Floyd County to designate and qualify for a specific seat and to name his incumbent opponent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Every person who offers for nomination and election as a member of the House of Representatives of the General Assembly of Georgia from Floyd County, shall designate with the local party county committee in all primaries and with the proper authority in the general election a specific seat for which he offers by naming the incumbent candidate he desires to oppose and thereupon he shall be qualified, if otherwise qualified, to oppose such incumbent candidate and none other. In the event any incumbent shall die or decline to offer again for such office, the candidate shall qualify for the office formerly held by such incumbent by naming him or in the event there has been no incumbent in office the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Candidacy. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: Notice is hereby given that during the 1953 session of the Georgia General Assembly, bills will be proposed applicable only to Floyd County. To amend and define all existing Act pertaining to the regular terms of Floyd Superior Court. To amend and define all Acts pertaining to regular terms and procedure in the City Court of Floyd

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County. To provide rules for qualifying as a candidate for the office of Representative. This notice is given in compliance with Article III, Section XIV, Paragraph XV of the Constitution of Georgia, 1945, and Code Section 47-801, Statutes of Georgia. Dec. 9, 16, 23. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mack G. Hicks, who, on oath, deposes and says that he is Representative from Floyd County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune, which is the official organ of Floyd County, on the following dates: 12-9-52, 12-16-52, and 12-23-52. /s/ M. G. Hicks Representative, Floyd County. Sworn to and subscribed before me, this 13 day of February, 1953. /s/ Janette Hirsch Notary Public. Approved March 4, 1953. BREMENEMINENT DOMAIN. No. 442 (House Bill No. 591). An Act vesting in the City of Bremen the powers and authority to condemn land or real estate for school purposes, including the right and power to condemn any reversionary interest under any conditional limitation placed on any land or real estate now held by said city for school purposes in the operation and maintenance

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of its independent public school system, in any manner or method provided by the law of Georgia for condemnation of lands by municipalities; and, for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That there is hereby vested in the City of Bremen the power and authority to condemn land or real estate for school purposes, including and hereby vesting in said city the power of eminent domain to condemn any reversionary interest under any conditional limitations placed on any land or real estate now held by said city for school purposes in the operation and maintenance of its independent school system, so as to vest the absolute, fee simple, unconditional title in said city to said land or real estate so condemned under the power of eminent domain hereby conferred upon said city. Said city is hereby authorized to exercise said power of eminent domain hereby conferred in any method or manner provided by the law of Georgia for condemnation of lands or real estate by municipalities of said State. Condemnation for school purposes. Section 2. That all laws or parts of laws in conflict herewith are hereby repealed. Section 3. That there is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation, accompanied by the affidavit of the author hereof to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publication of notice of intention to apply for the passage of this local legislation have been fully complied with. Notice of Intention to Apply for Local Legislation. City of Bremen, Georgia. Notice is hereby given that application will be made

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during the present session of the General Assembly of Georgia, which convened on the second Monday of January, 1953, for the passage of a bill entitled as follows: An Act vesting in the City of Bremen the power and authority to condemn land or real estate for school purposes, including the right and power to condemn any reversionary interest under any conditional limitation placed on any land or real estate now held by said city for school purposes in the operation and maintenance of its independent public school system, in any manner or method provided by the law of Georgia for condemnation of lands by municipalities; and, for other purposes. This the 26th day of January, 1953. J. T. Wheeler Mayor, City of Bremen W. H. Swint Councilman, City of Bremen J. R. Helton Councilman, City of Bremen H. R. Holland Councilman, City of Bremen L. Dryden Councilman, City of Bremen Affidavit of Author. Georgia, Fulton County. Before the undersigned officer, personally appeared Harold L. Murphy, who; being duly sworn, deposes and says that the above and foregoing notice entitled Notice of Intention to Apply for Local Legislation City of Bremen, Georgia, is a true and correct copy of a notice which was published in The Haralson County Tribune, the newspaper in which the sheriff's advertisement for the City of Bremen are published, and that the foregoing attached notice was duly published in said newspaper once a week for three weeks, to wit: January 29th., 1953; February 5th., 1953; February 12th., 1953; and, that said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of Georgia. /s/ Harold L. Murphy Representative, Haralson County.

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Sworn to and subscribed before me, this the 16th., day of February, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 4, 1953. BAINBRIDGE CHARTER AMENDED. No. 443 (House Bill No. 531). An Act to amend an Act entitled An Act to create a new charter for the City of Bainbridge and for other purposes, approved December 16, 1901 (Ga. Laws 1901, p. 321), as amended, particularly as amended by Acts approved August 18, 1923 (Ga. Laws 1923, pp. 446 through 448), and an Act approved February 8, 1933 (Ga. Laws, 1933, p. 873), to extend the city limits of Bainbridge; to change the terms of the mayor and aldermen; to provide for their election; to grant Bainbridge the power to own, use and operate for profit gas works or concerns; to grant Bainbridge the power to do business outside the limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to create a new charter for the City of Bainbridge and for other purposes, approved December 16, 1901 (Ga. Laws 1901, p. 321), as amended, particularly as amended by Acts approved August 18, 1923 (Ga. Laws 1923, pp. 466 through 448), and an Act approved February 8, 1933 (Ga. Laws 1933, p. 873), is hereby amended by amending Section 3 of said Act so as to include within the corporate limits of the City of Bainbridge the following property, to wit:

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Beginning at a point where the west lot line of Lot No. 226, 15th District, Decatur County, Georgia, intersects with an elevation of 77 feet mean sea level and being approximately the east bank of Flint River; thence south along the west lot line of Lots Nos. 226, 281, and 282, to the southwest corner of Lot No. 282; thence east along the south line of Lots Nos. 282, 279, 242, and 239 and to a point halfway between the east line and west line of Lot No. 202; thence north along a line parallel to the west line of Lots Nos. 202 and 201 of the 20th District of Decatur County, Georgia, and Lots Nos. 202, 201, and 200 of the 15th District of Decatur County Georgia, to a point that intersects the north lot line of Lot No. 200, and being halfway between the west line and east line of Lot No. 200, 15th District of Decatur County, Georgia; thence west along the north lot line of Lot Nos. 200, 205, and 219 to a point where said north lot line reaches an elevation of 77 feet mean sea level, and being approximately the east bank of Flint River; thence south and west along a 77-foot mean sea level contour line to the point of beginning, this consisting of Lots Nos. 281, 280, 241, 240, 282, 279, 242, and 239 and the west one-half of Lots Nos. 202 and 201 in the 20th District of Decatur County, Georgia, and Lots Nos. 226, 222, 221, 203, 204, 220, 223, 225, 177, 227, 224, 219, 205 and the west onehalf of Lots Nos. 200, 201, and 202 of the 15th District of Decatur County, Georgia. Territory added. Section 2. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4, which shall read as follows: Section 4. Elections for mayor and aldermen shall be held on the first Wednesday in January every two years. The mayor and aldermen shall be elected for terms of four years, except that in January, 1954, the mayor and three candidates for aldermen receiving the highest number of votes in said election shall be elected for terms of four years; the three candidates for aldermen receiving the lowest number of votes in said election shall serve for terms of two years. In every general election thereafter, the aldermen so elected shall serve for

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terms of four years. Elections for mayor and aldermen. Section 3. Section 21 (24) is hereby amended by adding after the words electric lights in line two of said sections, the words and gas works or concerns, so that said section when so amended shall read as follows: Section 21 (24). To own, use, and operate for municipal purposes, and for profit, a system of water works and electric lights, and gas works or concerns; to make rules and regulations regarding the use of the same by the public, and to provide for the punishment of those who illegally use said water or light or gas. Utilities. Section 4. Said Act is further amended by adding to Section 21 a new paragraph which shall be known as paragraph 24 (a), which shall read as follows: Section 21 (24) (a). To do business outside the city limits of Bainbridge. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Bill. State of Georgia, County of Decatur. Notice is hereby given and you are hereby notified that at the 1953 session of the Georgia General Assembly a bill will be introduced amending the Act creating a new charter for the City of Bainbridge and amendments thereto, and that this legislation will extend the City Limits of the City of Bainbridge, will change the terms of the Mayor and Aldermen for the City of Bainbridge and provide for their election, will grant to the City of Bainbridge the power to own, use and operate gas works for profit, will grant to the said City of Bainbridge the power to do business outside the limits of said city, will repeal conflicting laws and for other purposes. This notice is given to comply with the provision of Georgia laws on the requirements of said notices.

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This the 16th day of January, 1953. /s/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Representatives Decatur County, Georgia. State of Georgia, County of Fulton. Before me, the undersigned officer duly authorized to administer oaths, personally appeared H. Carl Cloud and J. Willis Conger who, after being duly sworn, depose and say that the attached and next foregoing instrument entitled Notice of Intention to Introduce Local Bill is a true and correct copy of the notice of intention to apply for 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/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Sworn to and subscribed before me, this 10 day of February, 1953. /s/ J. M. Bloodworth Notary Public, Georgia Approved March 4, 1953.

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COLLEGE PARK LIMITS EXTENDED. No. 444 (House Bill No. 586). An Act to amend an Act entitled, An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for extension of the corporate limits of said city, and annexation thereto of territory and inhabitants in a portion of Land Lot 25 of the 13th District of Clayton County, Georgia, and the establishment and/or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled, An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, (Ga. Laws 1895), and all amendments thereto, be and the same are hereby amended as follows: Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the two following parcels of territory, to wit: Parcel one: Beginning at the northwest corner of Land Lot Twenty-five of the Thirteenth (13th) District of Clayton County, Georgia, and running thence east along the north boundary line of said Land Lot Twenty-five (25) for a distance of four hundred thirty (430) feet;

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thence south one degree east (S1E) for a distance of two hundred forty-eight (248) feet; thence north eighty-nine degrees naught nine minutes east (N8909[UNK]E) for a distance of three hundred sixteen (316) feet; thence south one degree fifteen minutes east (S1 15[UNK]E) for a distance of five hundred twenty-one (521) feet; thence south eighty-seven degrees forty-five minutes west (S87 45[UNK]W) for a distance of two hundred ninety-seven (297) feet; thence south naught degrees forty-five minutes west (S0 45[UNK]W) for a distance of five hundred seventeen (517) feet; thence south eighty-nine degrees nought nine minutes west (S89 09[UNK]W) for a distance of four hundred thirty-seven (437) feet; thence north one degree west (N1 W) along the eastern boundary line of the present city limits for a distance of thirteen hundred (1300) feet to the point of beginning: Territory added. Parcel Two: Beginning at a point on the western boundary line of Land Lot Twenty-five (25) of the Thirteenth (13th) District of Clayton County, Georgia, located five hundred eighty-three (583) feet north one degree west (N1 W) from the southwest corner of said Land Lot Twenty-five (25), and thence running north one degree west (N1 W) along the western boundary line of said Land Lot Twenty-five (25) and along the eastern boundary line of the present city limits for a distance of five hundred twenty (520) feet; thence north eighty-nine degrees naught nine minutes east (N89 09[UNK]E) for a distance of seven hundred twenty-seven (727) feet; thence south naught degrees thirty minutes west (S0 30[UNK]W) for a distance of five hundred twenty (520) feet; thence south eighty-nine degrees naught nine minutes west (S89 09[UNK]W) for a distance of seven hundred twenty-seven (727) feet to the point of beginning. Section 2. The jurisdiction of the Mayor and Council of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in Section 1 of this Act, and the power and authority of said municipality under its present charter and ordinance and all laws appertaining to said municipality are hereby

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extended over and made effective in every part of the territory covered and included within the limits of said municipality as extended by Section 1 of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made co-extensive with the limits as extended by Section 1 of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due, as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of Section 1 of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by Mayor and Council of the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Powers of city. Section 3. The Mayor and Council of said City of College Park are hereby authorized and empowered in their discretion to include all or any part of said annexed territory in one or more of the wards of said city as at present constituted, or to create one or more wards out of said annexed territory, and to provide for representation from such new ward or wards on the council of said city, and to pass such ordinances as may be advisable in readjusting said territory to and with the rest of said city. Wards. Section 4. 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 Fulton County, Georgia and Clayton County, Georgia respectively, are published, to the effect that said notices have been published as provided by law.

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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. Publisher's Affidavit. State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day personally came W. Lloyd Mathews, who being first duly sworn, according to law, says that he is the editor and publisher of Clayton County News and Farmer, the official newspaper and organ of Clayton County, Georgia, published at Jonesboro in Clayton County, Georgia, and that the publication, of which the annexed is a true copy, was published in said paper on the 22nd and 29th days of January 1953 and on the 5th and 12th days of February 1953, as provided by law. W. Lloyd Mathews, /s/ W. Lloyd Mathews. Sworn to and subscribed before me, this 12th day of February 1953. /s/ Mary L. Matthews, (Seal). Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will apply to the 1953 regular session of the General Assembly of Georgia for passage of local legislation to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said city under the name of College Park, etc., and for other purposes approved December 16, 1895, and all amendments thereto, so as to provide for extension of the corporate limits of said city, and annexation

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thereto of territory and inhabitants in a portion of land lot 25 of the 13th District of Clayton County, Georgia, and the establishment and/or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory, and for other purposes. Amendments germane to said legislation may be offered and adopted as provided by law. This 20th day of January, 1953. City of College Park, By Henry G. Crawford, City Atty., 912 N. W. Main St., College Park, Ga. 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 22 day of January 1953, and once each week thereafter for 3 consecutive Weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 13th day of February, 1953. /s/ Bessie K. Crowell, (Seal). Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will apply to the 1953 regular session of the General Assembly of

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Georgia for passage of local legislation to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said city under the name of College Park, etc., and for other purposes approved December 16, 1895, and all amendments thereto, so as to provide for extension of the corporate limits of said city, and annexation thereto of territory and inhabitants in a portion of Land Lot 25 of the 13th District of Clayton County, Georgia, and the establishment and/or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory, and for other purposes. Amendments germane to said legislation may be offered and adopted as provided by law. This 20th day of January, 1953. City of College Park, By Henry G. Crawford, City Atty., 912 N. W. Main St., College Park, Ga. Jan. 22, 29, Feb. 5, 12. Approved March 4, 1953. ELLIJAY LIMITS EXTENDED. No. 448 (House Bill No. 553). An Act to amend an Act entitled An Act to incorporate and establish the City of Ellijay in the County of Gilmer; to declare the rights, powers, and privileges of said corporation, and for other purposes, approved August 14, 1909 (Ga. Laws 1909, p. 844), as amended, especially as amended by Acts approved August 2, 1927 (Ga. Laws 1927, p. 1110), and March 27, 1941 (Ga. Laws 1941, p. 1417), so as to provide for extension of the present corporate limits of the City of Ellijay;

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to provide for a referendum to the qualified voters of the City of Ellijay; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act entitled An Act to incorporate and establish the City of Ellijay in the County of Gilmer; to declare the rights, powers, and privileges of said corporation, and for other purposes, approved August 14, 1909 (Ga. Laws 1909, p. 844), as amended, is hereby amended by adding at the end of Section 2 a paragraph as follows: Provided, however, that there is added to said corporate limits of the City of Ellijay the following described territory: Beginning at the point on the west bank of the Coosawattee River where the present corporate limits of said City of Ellijay crosses said river and running along the bank of said river a southerly and a westerly direction to a point on the north bank, a distance of 1200 feet west from the center line of the concrete bridge where State Highway No. 5 crosses the Coosawattee River; thence a northerly direction keeping a distance of 1200 feet from the center line of State Highway No. 5 to the south line of the present corporate limits of the City of Ellijay. so that said section as amended shall read as follows: Sec. 2. The corporate limits shall be, and remain as fixed, and established by an Act approved August 19th, 1883, entitled `An Act to incorporate the Town of Ellijay, in the County of Gilmer, to grant election powers and privileges to the same, and for other purposes.' Said limits as so fixed and established, extending three-quarters of a mile, air line, in every direction, south and east, and three-quarters of a mile, air line, in every direction, north and west, from the courthouse in said town. Corporate limits. Provided, however, that there is added to said corporate limits of the City of Ellijay the following described territory: Beginning at the point on the west bank of the

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Coosawattee River where the present corporate limits of said City of Ellijay crosses said river and running along the bank of said river a southerly and a westerly direction to a point on the north bank a distance of 1200 feet west from the center line of the concrete bridge where State Highway No. 5 crosses the Coosawattee River; thence a northerly direction keeping a distance of 1200 feet from the center line of State Highway No. 5 to the south line of the present corporate limits of the City of Ellijay. Section 2. Not less than twenty nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes a law, it shall be the duty of the Ordinary of Gilmer County to issue the call for an election for the purpose of submitting this Act to the voters of the City of Ellijay, Georgia, for approval or rejection. The date of the election shall be set and held not less than thirty nor more than sixty days from the date of the issuance of such call. The date and purpose of this election shall be published once a week for two weeks prior to the date thereof in the official organ of Gilmer County. The ballot shall have printed thereon the words: For approval of the Act changing the city limits of the City of Ellijay, Against approval of the Act changing the city limits of the City of Ellijay. Referendum. Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Ellijay. It shall be the duty of the ordinary to canvass the returns and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that I will introduce a local bill in the 1953 regular session of the General Assembly of Georgia, amending the charter of the City of Ellijay, Georgia, so as to provide for extending the city limits of said City of Ellijay a south direction sufficient distance to incorporate that area in which the new high school and new hospital are to be built; also providing authority for a city recorder for the City of Ellijay; also providing for an increase in compensation for the Mayor and Aldermen of said City of Ellijay. January 12, 1953. J. P. Holloway, Representative, Gilmer County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe P. Holloway, who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ellijay Times-Courier, which is the official organ of Gilmer County, on the following dates: January 15, 1953, January 22, 1953, and January 29, 1953. /s/ Joe P. Holloway, Representative, Gilmer County. Sworn to and subscribed before me, this 9 day of February, 1953. /s/ Floy C. Stephenson, Notary Public. Approved March 4, 1953.

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AVONDALE ESTATES CHARTER AMENDED. No. 450 (House Bill No. 543). An Act to amend an Act establishing the City of Avondale Estates approved August 25, 1927 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 creating the City of Avondale Estates approved August 25, 1927, be, and the same is hereby, amended as follows: Section 1. That the following provisions granting additional powers and authority as an accumulative method for paving streets, sidewalks, curbing and guttering in said city and providing regulations and establishing provisions governing the improvement of streets, sidewalks, curbs and guttering thereof, and the assessments therefor and other matters hereinafter set forth are hereby incorporated into and made a part of said charter. (A) The board of mayor and commissioners are authorized and empowered in their discretion to pave or repave any of the streets or portions of streets or public places of the city with a permanent form of pavement and assess all, or part, of the costs thereof upon abutting property owners. No resolution or ordinance seeking to pave or repave a street or public place as herein authorized shall be passed without first being introduced and referred to the committee on streets; and, pending its consideration an advertisement shall be inserted at least one time in the newspaper in which sheriff's advertisements are published for DeKalb County, Georgia, ten days before the final passage of such resolution or ordinance, such advertisement giving notice of the introduction of such resolution or ordinance, the street, public place or portion thereof proposed to be paved, or repaved, the probable cost per foot and setting forth that the property owners or others interested are notified to appear at the regular meeting of the board of mayor

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and commissioners to be held at a time stated in the advertisement, and make any and all objections they may desire to the passage of such resolution or ordinance. At the time named in said advertisement if any property owner or other person desires to make objections to the passage of such resolution or ordinance full opportunity shall be given at said meeting. At said meeting and after hearing objections, if any are made to the passage of such resolution or ordinance, the board of mayor and commissioners shall have the full right and power in their discretion to order such pavement, repavement or other improvement to be made or reject said resolution or ordinance. And after the passage of such resolution and ordinance, all property owners to be assessed for the cost of the improvement who do not within fifteen days thereafter commence legal proceedings to prevent said assessment being made, shall be conclusively presumed to have accepted the terms of said resolution or ordinance and shall have agreed that the assessment hereinafter provided for may be made. After final termination of such legal proceedings or failure to take affirmative legal proceedings it shall be the duty of the board of mayor and commissioners to cause said improvements to be made in accordance with the plans and specifications as prepared. When completed, an ordinance shall be passed assessing the cost of said improvements against the property owner on each side of the street or portion of the street so paved, repaved or improved as provided for in this section. Street improvements. (B) The assessing ordinance shall thereupon assert a lien effective when, after completion of the work a record thereof is entered in a book to be kept in the office of the city recorder as provided in section D of this Act. (C) Upon completion of the work and the levying of the assessment as above set out the entire amount of the assessment against said property owners shall be at once due and payable by the property owners, but if so desired the property owner or owners shall have the right to pay the assessment so levied against them for the cost

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of such improvement in not more than ten installments which shall be paid for as follows: One equal part cash upon completion of the work and passage of ordinance levying assessment for cost and acceptance thereof by the city, and the remaining equal parts in annual installments, maturing respectively one to not more than nine years after the date of the approval of the ordinance assessing cost. Such deferred payments to bear interest from date until paid at the rate of not exceeding seven percent per annum, payable annually. The benefit of the payment by installments may be taken advantage of by any such property owner by giving notes for the deferred payment as herein provided at the time of making the cash payment. In the event any property owner shall desire to pay the balance due under such assessment after exercising option to pay installments as hereinbefore provided at any time before the maturity of such installments such party so wishing and offering to pay shall pay the principal and interest up to the date of payment. (D) The passage of the ordinance for paving, repaving or otherwise improving a street or part of a street or other place in said city, together with the ordinance assessing the cost of the same, and assessing liens against property abutting thereon, shall be notice of such lien from the date of the completion and the entry of the same as provided in Section B of this Act 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 under the general registration law. (E) It is expressly intended by this amendment to confer upon the board of mayor and commissioners or any such legislative or administrative body as may succeed the board of mayor and city commissioners power to order the paving, repaving or improving of any street, alley, or public places in said city as above provided and to assess the cost of such improvements in accordance with the provisions hereof against any abutting property.

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(F) At and after the expiration of one month from the date of the passage of the ordinance assessing liens against the abutting property as provided herein if the owners of said property has not paid said lien, the recorder shall have power to issue fi. fas. in the name of the City of Avondale Estates against said property, and the owner thereof to enforce the collection of said lien and to levy upon the property so assessed; such fi. fas. shall be executed by the chief of police or any policeman of the City of Avondale Estates by a levy upon and a sale of said property after advertisement once a week for four weeks in the newspaper in which sheriff's advertisements are published for the County of DeKalb, providing such sales shall be conducted in front of the city hall of the City of Avondale Estates. In the event that the owner of the property assessed for such improvements as provided herein shall elect to give notes, and shall fail to pay said notes or either of them at maturity, the city recorder shall have the power to issue a fi. fa. for the remaining unpaid installments and that the same may be levied and the property sold as provided in this section. (G) This Act is intended to provide a complete method for improving streets in the City of Avondale Estates and the assessment of the cost thereof against abutting property, and is in addition to the general powers granted in Article 1, Section 16 of the Act creating the City of Avondale Estates (Ga. Laws 1927, p. 813 et seq.), and, that this is a cumulative right and all Acts now in force in said City of Avondale Estates shall continue in full force and effect and this Act shall be considered as additional and supplementary thereto. (H) The board of mayor and commissioners shall have authority to pass such ordinance and to do such other acts as may be necessary to give full effective operation to the provisions of this amendment. Section 2. The board of mayor and commissioners shall have full power and authority to order pavement of sidewalk, and curbing laid down as they deem proper

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and to assess the cost of paving or repaving such sidewalks or otherwise improving sidewalks including all necessary curbing for the same on the real estate abutting on the street and on the side of street on which the sidewalk is so improved. Sidewalks. Section 3. That Article 8, Section 3 and paragraph 2 of the charter of the City of Avondale Estates be, and the same is hereby amended by striking the figures $50.00 and substituting in lieu thereof $100.00 so that said paragraph when amended will read as follows: Said city court shall have power and jurisdiction to try all offenses against the ordinance of the city within the territorial limits of said city, and upon conviction may punish said offenders by a fine of not more than $100.00, and by confinement in the chaingang of said city for a term of not more than thirty days. City court. January 23, 1953. 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 January 8, 15, 22, 1953. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 23rd day of January, 1953. /s/ Gwendolyn B. Painter,
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Notary Public, DeKalb County, Georgia. My commission expires Feb. 3, 1954. Copy of Notice. Notice of Intention to Apply for Location Legislation. Georgia, DeKalb County. Notice is hereby given that the City of Avondale Estates intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia convening in January, 1953, to amend the charter of the City of Avondale Estates, the title to such bill or bills to be as follows: An Act to amend an Act entitled An Act to create the City of Avondale Estates approved Aug. 25, 1927, and for other purposes. This the 21st day of December, 1952. J. R. Hellams, City Manager, Noah J. Stone, Attorney for City of Avondale Estates. 1-8-3t. Approved March 4, 1953. THOMASVILLE CHARTER AMENDED. No. 451 (House Bill No. 522). An Act to amend the charter of the City of Thomasville, approved October 3, 1889, as amended by the several subsequent Acts; to empower the City of Thomasville to acquire, construct, extend, operate and maintain gas generating and distribution systems, together with all necessary appurtenances thereof; to sell gas to consumers in the City of Thomasville and the surrounding

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territory; to do all things necessary and incidental thereto: and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act entitled An Act to reincorporate the Town of Thomasville as the City of Thomasville; to confer additional powers on said corporation, and to codify, amend and supersede all previous Acts incorporating the Town of Thomasville, and grant a new charter to said town under the name of the City of Thomasville, and for other purposes, approved October 3, 1889, published in Georgia Laws 1888-1889, pages 854 through 864, and the several Acts amendatory thereof, be and the same are hereby amended by incorporating within and as a part of said charter the following: Section 1. That the City of Thomasville, Georgia is hereby empowered to buy, lease, construct or otherwise acquire, extend, operate and maintain gas (natural or manufactured) generating and distribution systems, together with all necessary appurtenances thereof, and to buy gas (natural or manufactured), and to sell said gas to consumers in the City of Thomasville, Georgia and surrounding territory and to do any and all other things necessary or incidental thereto. Gas system. Section 2. That said city is authorized to issue revenue anticipation obligations to provide funds for any of said purposes in accordance with the Constitution and laws of Georgia. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Section 4. That the following notice of local legislation with the certificate of the publisher as to publication are incorporated herein and made a part hereof: I, Lee E. Kelly, do certify that I am business manager of the Times-Enterprise Company; that the Times-Enterprise Company is the publisher of the Thomasville Times-Enterprise

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Weekly Edition; and that Thomasville Times-Enterprise Weekly Edition is the newspaper in which sheriff's advertisements for Thomas County, Georgia, are published. I do further certify that the notice of local legislation attached below this certificate was published in the Thomasville Times-Enterprise Weekly Edition on the 23rd and 30th days of January and 6th day of February, 1953. Witness my signature this 6th day of February, 1953. /s/ Lee E. Kelly. Notice of Local Legislation. Notice is hereby given to whom it may concern that after three (3) weeks' publication of this notice, and within sixty (60) days hereof, there will be introduced for passage by the legislature of Georgia a bill with the title and caption as follows: An Act to amend the charter of the City of Thomasville, approved October 3, 1889, as amended by the several subsequent Acts; to empower the City of Thomasville to acquire, construct, extend, operate and maintain gas generating and distribution systems, together with all necessary appurtenances thereof; to sell gas to consumers in the City of Thomasville and the surrounding territory; to do all things necessary and incidental thereto; and for other purposes. This 21st day of January, 1953. Board of Commissioners for the City of Thomasville, Georgia. By: F. V. Eidson, Mayor. Approved March 4, 1953.

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TREUTLEN COMMISSIONERSCLERK'S SALARY. No. 459 (House Bill No. 528). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Treutlen, approved March 12, 1935 (Ga. Laws 1935, p. 807), so as to authorize the board to fix the salary of the clerk of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Treutlen, approved March 12, 1935 (Ga. Laws 1935, p. 807), is hereby amended by striking from Sectin 9 the words not to exceed the sum of fifty ($50.00) dollars, per month, and inserting in lieu thereof the words which shall be paid in equal monthly installments, so that Section 9 when so amended shall read as follows: Sec. 9. Be it further enacted by the authority aforesaid, that said board of commissioners, shall at their first regular meeting, on the first Tuesday in January, 1937, or as soon thereafter as practicable and at the first meeting in each year thereafter elect a clerk. Any citizen of said county, not a member of said board shall be eligible to hold said office of clerk of said board of commissioners, and shall receive a salary for his services to be fixed by said board, which shall be paid in equal monthly installments. Said clerk before entering upon his duties shall give bond, with some responsible surety company, authorized to do business in Georgia, as his surety, in the sum of five thousand ($5,000.00) dollars, to be approved by said board of commissioners, the premium on said bond to be paid by the county, payable to the ordinary of said county and his successors in office, and conditional for the faithful performance of his duties as such clerk, and to account for any and all funds, property or effects which may come into his hands as such clerk or

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otherwise, which said bond shall be filed with the ordinary of said county, and recorded on his minutes, and may be sued on in like manner as the bond of said commissioners. He shall keep minutes of all meetings of said board of commissioners, an inventory of all properties, and such books and records as may be required of him by said board of commissioners, and do such other acts and things as may be required of him by law or by said board of commissioners. Said board of commissioners shall or may discharge said clerk at any time, and elect a successor. Clerk. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Treutlen County. Notice is hereby given that the undersigned will apply to the 1953 regular session of the General Assembly of Georgia for legislation to increase the amount that may be fixed by the Board of Commissioners of Roads and Revenues of Treutlen County, Georgia, as the salary of clerk of said board. This 12th day of January, 1953. Hugh Gillis, Representative, Treutlen County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Gillis, who, on oath, deposes and says that he is Representative from Treutlen County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Soperton News, which is the official organ of Treutlen County, on the following dates: Jan. 17th, 24th, and 31st. /s/ Hugh Gillis Representative, Treutlen County. Sworn to and subscribed before me, this 9 day of Feb., 1953.

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/s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956. (Seal). Approved March 4, 1953. LINCOLNTON CHARTER. No. 460 (House Bill No. 595). An Act to amend, consolidate and supersede the several Acts incorporating the City of Lincolnton, in the County of Lincoln, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government thereof; 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 punishment of violators of the ordinances of said town; to define the special powers and duties of the mayor; to provide for the election of a mayor and council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all town elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for the qualifications of 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, waterworks superintendent, attorney

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and other officers, their oaths, bonds, and for their compensation and their removal from office; to provide for a police court and its powers and for the trial and punishment of violators of town ordinances therein; to provide for the arrest of violators of town ordinances, with or without warrant; to provide for the taking of appearances bonds, and for the forfeiture of the same; to provide for appeals and certiorari; from the police court and from the decision of the mayor and council in criminal cases; to require tax returns to be made by the citizens of said town; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on 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 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 streets in said town; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water and gas lines with town lines; to provide for the prorating of assessments; to provide for the improvement of sidewalks and the

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cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal of cost of street improvements and provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions 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 installments 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 sewerage and drainage assessments, for the taking of property for sewerage 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 connecting of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and things necessary or proper or incident to all 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 extention of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said town; to provide for the collections of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts

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in said town and and for fire regulations therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a town cemetery and its regulations; to provide for the power of the town to grant encroachments on public streets; to provide for a town prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said town, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for town parks, and for the regulations of trees in said town; to provide for the regulation of vehicles and their speed in said town; to provide for prevention of idleness and loitering; to provide for a town fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said town; to require building permits before any building or structure can be erected in said town; to provide for the condemnation of private property, within and without the town, for public purposes; to provide for the issuance of bonds, for bonds election and for the levy and collection of a tax to pay said bonds; to provide for the sales of town property by the mayor and town council; to provide for recall of elected officers; to provide that receipts and disbursements be published in the official gazette of the City of Lincolnton; to provide for the repeal of Acts incorporating the City of Lincolnton, 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 Lincolnton located in the County of Lincoln, State of Georgia, be and are hereby incorporated under the name and style of City of Lincolnton. Incorporation.

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Section 2. Corporate limits. Be it further enacted, that the corporate limits of the City of Lincolnton shall extend one mile from the center of the lot in said town where the old courthouse of Lincoln County formerly stood, said distance to be in a radius from the center of the said lot. 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 Lincoln, State of Georgia, be and are hereby incorporated under the name and style of City of Lincolnton, and said City of Lincolnton is hereby chartered and made a city under the corporate name of City of Lincolnton, 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 cites thereof, and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Lincolnton shall be and are hereby vested in said City of Lincolnton as created by this Act; and the City of Lincolnton 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 Lincolnton shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements hereditaments, and of whatever kinds, and within or without the limits of said city and for corporate purposes said City of Lincolnton, created by this Act shall succeed to all right of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said City of Lincolnton and its mayor

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

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given said government by this Act, but shall be construed as in addition to and in aid of such powers. Mayor and council. Section 5. Be it further enacted that the mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the councilmen of said city the records and books of account of the officers of said city and see that they are properly and correctly kept to require such reports to be made by such officers, to the council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper to preside in the police court of the City of Lincolnton, 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 ordinances 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

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may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor. Section 6. Be it further enacted, that the present mayor and councilmen of said City of Lincolnton, shall continue in office until the first Monday in January, 1954 and said mayor and councilmen shall exercise all of the powers and authorities conferred upon the mayor and councilmen of the said City of Lincolnton, created by this charter and on the second Saturday in December, 1953, a mayor and five councilmen shall be elected as provided in the next section of this Act. Section 7. Be it further enacted, that on the second Saturday in December, 1953, there shall be elected for said city, by the qualified voters therein, a mayor and five councilmen, and the mayor and two of said councilmen shall be elected to serve for a term of one year, and three of the said councilmen so elected shall be elected to serve for a term of two years. Then, on the 2nd Saturday in December, 1954, and biennially thereafter, a mayor and two councilmen shall be elected for said city. Biennially, after said election on said second Saturday in December, 1953, three councilmen shall be elected for said city, it being the purpose of this section to provide a rotation system for the office of mayor and councilmen, in order that at no time shall there be elected for office at the same time a new mayor and councilmen throughout, but that after every election there shall remain in said body either a mayor and two councilmen, or three councilmen who have served in said capacities for one year preceding, thereby retaining in said body three officials who have had at least one year of experience in said capacities either as mayor or as councilmen. With the exception of the mayor and two councilmen who will be elected on the second Saturday in December, 1953, to serve for a term of one year, all elections for mayor and councilmen elected under the provisions of this charter shall be for two years, commencing on the first Monday in January, 1954. On the first Monday in January, 1954, the newly elected mayor and/or councilmen-elect shall meet in the city hall or other designated place in said

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city and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oath, 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 Lincolnton for the ensuing term, and I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special called meetings as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selected by the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms provided it does not exceed (12) months. Election of mayor and councilmen. Oath. 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 to perform duties. 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 Lincolnton 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

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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 or 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 closed at 5:00 p.m. Persons receiving the highest number of votes for the respective office shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any elections and of any clerks that may be necessary in holding any elections, but such pay or compensation shall not exceed the sum of $5.00 per day for each such manager or clerk. Management of election. 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 Lincoln 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

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officers, a new election as between candidates thus tied shall be ordered by the mayor and councilmen within ten days after the result has been declared, under the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Declaration of results. Section 11. Be it further enacted, that the mayor and councilmen at their first regular meeting in January, 1954 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 12. 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 Lincolnton 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 13. 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 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 of said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilmen, unless such candidate shall file with the clerk of said city, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sunday excluded) his written notice that he desires that his name be placed in said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide

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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. Qualifications of mayor and councilmen. Section 14. 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 open following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, if then a resident, will have resided in said town for thirty days prior thereto, to allow such person to register his name and color recording on said book besides the applicant's name, his age, occupation or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: You do solemnly swear 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 Lincolnton thirty days next preceding his registration, or that by the date of the next city election, if you are still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the next town election; that you are 18 years old; and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration

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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 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. Section 15. 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 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 five dollars ($5.00) per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Registrars. Section 16. Be it further enacted, that the Clerk of the City of Lincolnton shall close the registration book twenty days before any regular or special election, to be held in said city at five o'clock p.m. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters' list,

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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 Lincolnton, and the said clerk shall certify that same has been altered nor changed since being delivered to him and on the morning of the election to be held in said city deliver such 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 17. 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 18. Be it further enacted, that the board of registrars shall have full authority to purge all registration lists in said town of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matters, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice of such person or persons whose name or names

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appear on said registration book shall be sufficient service. If any such person or persons, so notified, as above provided, fails to appear and offer any evidence as to why his name should 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. Section 19. Be it further enacted, that at the first regular meeting of the mayor and councilmen in January 1954, and annually thereafter, the mayor and councilmen shall elect a town clerk and treasurer; said treasurer to give bond with security in the sum of $1,000.00 for the faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and council shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take oaths; perform such duties and give such bonds as the mayor and councilmen may by ordinances prescribe; provided, that all bonds of officers shall be made payable to the City of Lincolnton. 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 $500.00 per year; the salary or compensation of the councilmen of said town shall not exceed the sum of $300.00 each year; the salary or compensation of the clerk and treasurer of said city shall not exceed the sum of $600.00 per year; the salary of the marshal or chief of police of said town shall not exceed the sum of $250.00 per month; the salary of all other policemen of said city shall not exceed the sum of $150.00 per month each. All expenditures of the mayor and councilmen for town purposes shall be paid out of the city funds by an order

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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. To employ waterworks superintendent and city attorney, at salaries fixed by mayor and council. Officers and employees. Salaries. Section 20. Be it further enacted, that the mayor and one councilman shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine question before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all 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 with holding 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. Council meetings. Section 21. 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 Lincolnton 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.

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Said mayor, mayor pro tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed one hundred dollars, imprisonment in the town prison or the county jail, having previously arranged with the county officers, not to exceed thirty days, or to work the streets in the city chain gang, or such other public places as the mayor or acting mayor may direct, not to exceed thirty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chain gang shall not both be inflicted in any one case, and neither the punishment or confinement in the city or county jail, or that of a sentence to work in the city chain gang on the streets of said city shall be inflicted except as alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting mayor in addition to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Police court. Section 22. Be it further enacted that the mayor or mayor pro tem. in case he shall be presiding, shall have the power of 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 Lincoln County. Commitment. Section 23. 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. Arrests. Section 24. Be it further enacted, that it shall be lawful for the marshal or any policemen of said city to arrest

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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 of 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 said person arrested by them in the city prison or in the jail of Lincoln County, for a reasonable length of time. It shall be lawful for the marshall or the 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 Lincolnton, 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 policemen 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 Lincolnton; 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 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 25. Be it further enacted, that the Mayor and Councilmen of the said City of Lincolnton shall have power to organize one or more chain gangs or work gangs, and confine therein persons who have been sentenced by the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control

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of said gangs, and to enforce same through its proper officers. Work gangs. Section 26. Be it further enacted, that the mayor or the mayor pro tem. when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, 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, as 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 Lincolnton. Appearance bonds. Section 27. Be it further enacted, that any person convicted in the police court of said town for violations of any of the ordinances and by laws, shall have the right of certiorari to the Superior Court of Lincoln County. No appeals to the councilmen or to the mayor and councilmen shall be allowed in any case. Certiorari. Section 28. Be it further enacted, that all persons owning property in the City of Lincolnton shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of April first of each year; and the books for recording same shall be open on April 1st and close on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns.

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Section 29. Be it further enacted, that the mayor and councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall 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 seven 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 assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and councilmen; when their return is made said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident

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taxpayer, with postage prepaid to his last known address shall constitute legal notice to him. Tax assessors. Assessments. Section 30. Be it further enacted, that any person dissatisfied with the assessments 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 to 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 decisions shall be final. The mayor and councilmen of said city shall have the power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeals. 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. Unreturned property. Section 32. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear 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. Executives.

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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 Lincolnton 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 evidences 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, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said town authorities and to provide a fund for the payment of the annual interest on said bonds greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that 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 tax. Bonded indebtedness. Section 34. Be it further enacted, that the Mayor and Council of the City of Lincolnton shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, squares and lands of the City of Lincolnton, and the grading of the same; to open 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 Lincolnton without the compensation being

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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 Lincolnton shall have full power and authority to remove or cause to be removed any building, 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 and lands of the City of Lincolnton, 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 Lincolnton 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 Lincolnton 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 square 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 Lincolnton shall have power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks and public grounds for sign posts, awning telegraph, telephone poles, racks and for carrying banners, hand bills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also 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 shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to

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remove same at the expense of said company, and collect the cost of such removal from such company by execution. Streets, sidewalks, etc. Section 35. Be it further enacted, that the City of Lincolnton is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Waterworks. Section 36. Be it further enacted, that said City of Lincolnton 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. Other 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

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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. 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, 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 ordinances 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. Occupation taxes and 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 pins, and all tables kept and used for the purpose of playing, gaming, or renting of ten pin alleys, nine pin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game of play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may 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

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taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendance as will insure fair dealing between them and their customers. Brokers. Section 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 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-goround, bicycle or skating rink and all circuses, side shows and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Places of business, etc. 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 herebefore 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

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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 Lincoln, without having first procured such license and complied with all other requirements of said City of Lincolnton, 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 the 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 Lincolnton, requiring a license, prior to May first of any year, the mayor and councilmen shall add the sum of twenty percent (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 Lincolnton, requiring a license and shall operate same for a period of thirty days without such license, the mayor and council shall then add the twenty percent (20%) penalty above provided. The mayor and councilmen shall have full power and authority to provide by ordinance, for the classification by the different classes of business, and all other rules and regulations necessary and proper in the premises. Licensing ordinance. 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

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to the health or morals of the inhabitants of said City of Lincolnton, and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said mayor and councilmen, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit 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 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 feed 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

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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, incluive 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, lands, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section to appropriate ordinances. Eminent domain. Section 46. Be it further enacted, that the City of Lincolnton, 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 Lincolnton, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof, in said city, as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catchbasins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street and sidewalk improvements. Section 47. Be it further enacted, that one-half of the total cost of grading, paving, repaving, or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by the said city; provided, however, that when said sidewalks in said city shall be paved, repaved, improved, or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such 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

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curbing thereon, shall for the purpose of assessment be deemed considered as abutting on corner lots or tracts. Costs. Section 48. Be it further enacted, that two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved, or reimproved, the other one-third, of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catchbasins, 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 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. Curbing, drains, etc. Section 49. Be it further enacted, that said Mayor and Council of said City of Lincolnton 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 pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets,

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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 and gas pipes. 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 improvements on the streets, sidewalks, alleys, lanes, avenues or other public places, directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Computation of assessments. Section 51. Be it further enacted, that said City of Lincolnton by and through its mayor and council, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said mayor and the council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places; it shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved and reimproved in said city, where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or reimproved in connection with the paving, repaving, improving, reimproving of an abutting street, however, bids shall be received therefor

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and contract let as is provided in this Act for paving of streets. Sidewalk improvements. Section 52. Be it further enacted, that no street, avenue, alley, lane, or other public place in any city shall be 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 of 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. Improvement ordinance. 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. Computation of petitioners. 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 city which has a general circulation therein in which the advertisements for sheriff's sales in Lincoln County are published before the final passage of such ordinance,

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such advertisements giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or other interested are notified to appear at a meeting of said mayor and council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinances. Said meeting may be held at the time for the regular monthly meeting of said mayor and council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane, or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement in any property owner or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said mayor and council shall have the right to order such paving, repaving, or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvements who does not within ten days thereform 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. Notice. Meeting.

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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 Lincolnton 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 Lincolnton and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five percent of the total cost of paving for maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said mayor and council. Said ordinance shall also direct the mayor and clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notices shall be in such form as they may deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where the sealed proposals shall be filed and when and where the same will be considered by the mayor and council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said City of Lincolnton. The right is hereby expressly granted to the City of Lincolnton 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, perform all the conditions imposed by the said mayor and council as

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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. Section 56. Be it further enacted, that as soon as the said contract is let, and cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascretained, the said mayor and council shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee to appraise and apportion the cost and expenses of the same to the several tracts or land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane, or other public place so improved. When said report shall have been returned and filed and the said mayor and council for said city shall appoint a time for holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvement, 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 Lincolnton 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 or 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 said mayor and council. The said mayor and council shall thereupon

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assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Hearing on assessments. Assessment liens. 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 of Lincolnton 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 of 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 staements may be made either by the clerk or by the

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marshal of said city. Statement of assessment. Section 58. 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 Lincolnton 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 hearing 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, street, avenues, alleys, lanes or other public places, or portions thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest 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; subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Lincolnton shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Execution. 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

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machinery of government for the collection of said executions. Assignments. 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 Lincoln County, Georgia, under the general registration laws of this State. Ordinances as notice of liens. Section 61. Be it further enacted, that any defendant in any such executions or owners of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued (or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council; otherwise the law relating to illegalities shall apply as in other cases. When the marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Lincoln 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

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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. Illegalities. 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 the streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this county is the owner the commissioner of roads and revenue of said Lincoln County, is authorized to on behalf of the county, and where the City of Lincolnton is the owner the mayor of said town is authorized to sign for and in behalf of the said city. Section 63. Be it further enacted, that the mayor and council of the City of Lincolnton are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay pro rata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment

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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 this purpose shall be used for no other purpose whatever. Bond elections. Section 64. Be it further enacted, that if said mayor and council shall deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessments against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven per cent per annum until paid. 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 ordinance, and one installment with

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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 Octobner 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 Lincolnton. 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 assessment 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 assessments in installments. 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

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aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said mayor and council may determine, which bond or bonds shall in no event become a liability of the mayor and council or the City of Lincolnton 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 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 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

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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 several installments become due, together with the interest thereon, to the Treasurer of the City of Lincolnton, 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 bonds. Collections. Section 69. Be it further enacted, that, in the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improvement of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 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 several installments become due, together with the interest thereon, to the Treasurer of the City of Lincolnton, 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 advertising 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

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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 of 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 Lincolnton or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvements; and after advertisement and other proceedings as in the 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. Executions. Section 70. Be it further enacted, that if the said City of Lincolnton has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, repaving or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the mayor and council may, by appropriate ordinance, direct 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. Section 71. Be it further enacted, that nothing herein contained shall be construed to prevent the mayor and

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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 1933, referring to Street Improvement 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 Lincolnton may be improved in accordance with the provisions outlined in said Chapter 69-4 and if said Act is approved by such election, the procedure outlined in the preceding sections of this charter for the improvements 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. Section 72. Be it further enacted that the mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies, and the like in said city with full power to prescribe the location, structure, used and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence or that may be thereafter allowed. When any system or 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

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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. Section 73. Be it further enacted that in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, in damage shall be assessed as in cases of property taken for opening, straightening or widening streets, under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Easements for. Section 74. Be it further enacted, that said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Section 75. Be it further enacted, that for the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Section 76. Be it further enacted, that said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in

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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 assssed shall be 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 not residence lots subdivided. Sanitation. Section 77. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Lincolnton 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 hereinafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have 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

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

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may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and councilmen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if owner should fail to remove same after having been given reasonable notice so to do the mayor and councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the clerk of said city is authorized to issue an execution for the expense of such removal, against such owner. Said mayor and councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or wellbeing of the inhabitants of said city. Sanitation. Section 80. Be it further enacted, that the mayor and councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the city, and to report to the mayor and councilmen all nuisance which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report said board of health, to cause such nuisance to be abated, and the recommendation of such board to be carried out in a summary manner at the expense of the party whose acts or negligence cause 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. Health. Section 81. 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

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

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Section 84. Be it further enacted, that said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Lincolnton and to enlarge, change or modity its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that may deem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes, or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said 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 85. Be it further enacted, that said mayor and councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the town. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the town. They shall have power and compel all persons to be vaccinated, whether they be permanent residents or

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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. Contagious diseases. Section 86. Be it further enacted, that said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper order. Churches and cemeteries. Section 87. Be it further enacted, that the mayor and councilmen of said city, shall have the power to grant franchises, easements, and right of way over, in, under and on the public street, lanes, alleys, parks, and other property of said city. Franchises, easements. Section 88. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor or 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. Violators of ordinances. Section 89. 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

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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 official conduct. Section 90. Be it further enacted, that the mayor and councilmen shall have the power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fee-bill. Section 91. Be it further enacted that the mayor and councilmen shall provide for a town prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. They may contract with the proper authorities of Lincoln County for the use of the common jail of said county for this purpose. Prisoners. 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 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. Immoral conduct. Section 93. Be it further enacted, that the mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. Houses of ill fame, etc. Section 94. Be it further enacted, that all executions in favor of the City of Lincolnton for the enforcement and collections of any fine, forfeiture, assessments, taxes, or other claim, demand, or debt, shall be issued by the

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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 Lincolnton 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 purchases the amount paid for said property at said tax sale, as shown by the recitals in the tax, deed, plus a premium of 10 percent of said amount of each year, or fraction of a year, which shall have elapsed between the date of sales and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Lincolnton, and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, 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 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

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officer making the sale, shall make to the City of Lincolnton, 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 Lincolnton. 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 by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriff's and constables to put purchases in possession of property sold by them under the laws of this State. Levy and sale. Section 95. Be it further enacted, that said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trial for violations of the city ordinances and laws of this State, and the procedure in such trials, nothing in this section shall operate to repeal the ordinances of the City of Lincolnton, 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. Accusations, warrants, etc. Section 96. Be it further enacted, that said Mayor and Councilmen of the City of Lincolnton, 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

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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 97. Be it further enacted, that the Mayor and Councilmen of the City of Lincolnton, 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 98. Be it further enacted, that the Mayor and Councilmen of the City of Lincolnton shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort, and security of said city and the inhabitants thereof, and that they may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act, or that

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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 powers. Section 99. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all automobiles, trucks and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from steam whistles, bells or other contrivances, that may disturb the peace and confort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Vehicles. Section 100. 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 violation thereof. Idleness and loitering. Section 101. Be it further enacted, that in case the mayor and/or councilman while in office shall be guilty of malpractice and wilfull 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 102. Be it further enacted, that it shall be the duty of the mayor and councilmen of said city or 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 protection. Section 103. Be it further enacted, that the mayor and councilmen of said city shall have power and authority

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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 104. Be it further enacted, that the mayor and councilmen of said city shall cause to be codified all ordinances of said City of Lincolnton, together with this Act into one book to be known as The Code of the City of Lincolnton, which book shall be constructed in similar manner to the deed record books now being used by the Clerk of the Superior Court of Lincoln 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 March, 1954, pass and adopt such code, as the Code of the City of Lincolnton; 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 Lincolnton, certifying the same to be the code of ordinances and laws of said town. Code. Section 105. 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 of any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said mayor and councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said town unless such building permit is first obtained prior to the erection of such building, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Building permits. Section 106. Be it further enacted, that the Mayor

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and Councilmen of said City of Lincolnton shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights of way for any electric light, water supply, gas or sewer line, or sewerage disposal plant, for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Section 36-301, et seq. Eminent domain. Section 107. Be it further enacted, that the Mayor and Councilmen of the City of Lincolnton 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, building; erecting buildings; improvising property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping, and maintaining waterworks, water 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. Bonds. Section 108. Be it further enacted, that, before any proceeding toward the issuing of bonds for any of the

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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 or 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 109. Be it further enacted, that before any bond of said city shall be issued for any of the purposes named in Section 107 of this charter, the mayor and councilmen of said city shall, by appropriation of resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the beforesaid purposes, as deemed expedient by said mayor and councilmen; provided, always that the limits of the total bonded indebtedness of said town as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by the said mayor and councilmen as hereinbefore provided, then and in such event of 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

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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. Section 110. 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 111. 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, not to exceed $5,000, as may be provided by special resolution or ordinances for that purpose. Loans. Section 112. Be it further enacted, that said town, by and through its mayor and council, shall have full power and authority to acquire, construct, re-construct, improve and extend revenue producing projects and systems to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the service, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State, and Acts amendatory thereof. Revenue producing projects. Section 113. Be it further enacted, that all ordinances heretobefore adopted by the Mayor and Councilmen of the City of Lincolnton, and which are now in force and which are not inconsistent with nor repugnant to this Act,

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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 Lincolnton may at any time repeal, alter or amend any of said ordinances. Ordinances. Section 114. Be it further amended, that all Acts of the General Assembly of Georgia heretobefore passed, incorporating the City of Lincolnton, 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. Section 115. Be it further enacted, that the mayor and council of said city shall have the power and authority to sell any property belonging to said town and which shall become unnecessary and useless for said city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the mayor and council either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hours of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by a sheriff. Sale of property. Section 116. All matters not provided for in this charter shall be governed by the provisions of Title 69, Code of Georgia, 1933.

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Section 117. Be it further enacted, that from and after the passage of this Act that the mayor and council elected by the vote of the people shall be subject to removal during their terms of office in the following manner; Whenever thirty percent in number of the registered voters residing in the City of Lincolnton as disclosed by the registration sheets of the preceding city election shall so request in a petition filed in the office of the Clerk of the Superior Court of Lincoln County an election shall be called and held thirty days from the time of the filing of said petition on the subject only of the recall or non-recall of such official or officials. It shall be the duty of the clerk of the superior court to certify the names of such list and report to the Judge of the Superior Court of Lincoln County the number of registered voters thereon in said petition. This report shall be submitted to said judge with the petition. When so reported with this section the said judge shall order an election to be held under the same rules and regulations as govern regular city election. In this election the ballot will be as follows with officers inserted in the blanks: For the recall of , holding the office of . Against the recall of , holding the office of . If a majority of the votes cast in said election are for recall of such officer or officers, his office is declared vacant at the moment these votes are canvassed by the said judge and the result announced. The election managers shall make a return of the votes cast in said election within three days after the election to the judge and the judge shall examine this return and declare the result. If a majority of the votes so cast be for the recall of the official, this office is vacated at the time the result is so declared by the said judge as herein provided and the vacancy immediately exists. Said judge shall call an election to fill said vacancy or vacancies within thirty days from the date said vacancy is declared, which said election shall be under the same rules and regulations governing regular city election, and at such election the official who has been recalled is eligible as a candidate for re-election and the person or persons elected shall hold office for the unexpired term. Recall of officers.

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Section 118. Be it further enacted that the treasurer publish a statement of receipts and disbursements in the official paper of the City of Lincolnton not later than June 30 for the preceding year. Financial statement. Section 119. Be it further enacted, that in the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by 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 Lincolnton 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. Section 120. Be it further enacted, that the provisions of this charter shall become effective as of January 1st, 1954, other than the provisions of said charter with reference to elections of mayor and councilmen which shall become effective upon approval of this charter by the Governor. Effective date. Section 121. That all laws and parts of laws in conflict with this Act are hereby repealed. Section 122. 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 Intention to Introduce Local Bill. To the Citizens of Lincolnton, Lincoln County, Georgia, and All Who May Be Concerned: Notice is hereby given that application will be made at

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the 1953 session of the General Assembly of Georgia for the passage of the following bill: An Act to amend, consolidate and supersede the several Acts incorporating the Town of Lincolnton, Georgia, in the County of Lincoln, State of Georgia, and all amendments in respect thereto; to create a new charter for the Town of Lincolnton, Georgia; to provide for municipal government; and for other purposes. This the 6th day of January, 1953. John P. Drinkard, Representative, Lincoln County, Georgia. State of Georgia, County of Lincoln. Before me, the undersigned officer authorized by law to administer oaths, personally appeared John P. Drinkard, who, after being duly sworn, deposes and says that the attached and next foregoing instrument entitled Notice of Intention to Introduce 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 deponent caused to be published as provided by Article III, Section VII, Paragraph XV of the Constitution of Georgia and deponent further deposes and says that notice of intention has been published as provided by law. /s/ John P. Drinkard. Sworn to and subscribed before me, this 16th day of February, 1953. /s/ Janette Hirsch Notary Public, State at Large Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 4, 1953.

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COMPENSATION TO C. A. BURRIS FOR DAMAGE TO AUTOMOBILE. No. 76 (House Resolution No. 123-398b). A Resolution. To compensate Mr. C. A. Burris for damages to his automobile; and for other purposes. Whereas, on April 9, 1952 Mr. C. A. Burris had legally parked his automobile on the shoulder of a highway in front of a State Highway Department maintenance barn; and Whereas, the State Highway Department motor patrol car was parked, but due to faulty brakes or to the fact that the brakes were not applied, rolled back into the automobile of Mr. Burris damaging it in the amount of seventy-two dollars ninety-four cents $72.94); and Whereas, said damage resulted from no fault whatever on the part of Mr. Burris, and it is only just and proper that he be compensated therefor; Now, therefore be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department is hereby ordered and directed to pay the sum of $72.94 to Mr. C. A. Burris, of Elberton, Georgia, as compensation as provided above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 4, 1953.

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COMPENSATION TO Q. A. BEASLEY FOR INJURIES. No. 84 (House Resolution No. 23-87f). A Resolution. Whereas, Q. A. Beasley, while a Trooper in the Georgia State Patrol, on the 27th day of July, 1952, was injured in the line of duty as a result of an accident without any fault whatsoever on his part, which accident took place on U. S. Highway 19 and Georgia Highway 40 some 4.1 miles west of the City of Albany, Georgia; and Whereas, due to the seriousness of the injury sustained by the said Q. A. Beasley, as a direct result of said accident, he expended sums of money and additional heavy expenses have been incurred by reason of said accident for the treatment of such injuries; and, Whereas, the said Q. A. Beasley is without sufficient funds to bear the costs of such treatments; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety be, and is hereby directed to pay out of the funds available to the Department of Public Safety the sum of two hundred ($200.00) dollars to cover and pay hospital bills, doctor bills, nurses bills, medical bills and other incidental expenses in connection with the treatment of the injuries of the said Q. A. Beasley, upon his presenting the bills therefore to the Department of Public Safety. Approved March 4, 1953.

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ATLANTA TRAFFIC LAW ENFORCEMENT COMMISSION. No. 462 (House Bill No. 510). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of each such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. There is hereby created a commission to study the problems of traffic law enforcement in the courts of the City of Atlanta and Fulton and DeKalb Counties in connection with offences committed within the corporate limits of the City of Atlanta. The said commission shall be composed of six members: Charlie Mathias, Ed S. White, E. A. Wright, Herbert T. Jenkins, Robert R. Snodgrass and J. J. Nicholson. The said commission shall organize promptly after the approval of this Act and shall select one of its members as chairman. Commission. Section 3. It shall be the function and duty of said commission to make a study of the trial of persons charged with violating the traffic laws of the State of Georgia and the ordinances of the City of Atlanta in the

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several courts having jurisdiction thereof and submit to the members of the General Assembly from Fulton and DeKalb Counties their recommendations on or before November 1, 1953. Duties. Section 4. The said commission shall have the power and authority to hold public hearings and to do any and all other things needful and appropriate in order to determine and ascertain any fact necessary to a complete understanding of the method of making charges and disposing of cases. They shall have access to any book, paper or record in any of the several courts. In making such study, the commission is authorized to call upon the judges of the courts having jurisdiction of such offenses, the prosecuting attorneys and police officers having knowledge of the making and prosecuting of such cases and may call upon the law departments of the county and the city for needed assistance. Powers. Section 5. Said commission may employ such special technical and clerical assistants as they may deem necessary to assembly the required data and information, to analyze the same and draft the plan or plans for submission to the General Assembly as herein provided. The commission is authorized to enter into such contracts as it may deem necessary with persons or agencies for providing any or all of the data and information required in carrying out the purposes of this Act. Personnel. Section 6. The mayor and general council are directed to appropriate and make available to said commission the sum of $5,000.00 to pay the necessary expenses in connection with the required investigations and for the purpose of carrying out this Act, which are declared to be functions of the municipal government. The expenses incurred by said commission shall be paid upon voucher signed by the chairman of the commission. Funds. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County.

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Personally appeared before me, the undersigned, Hamilton Lokey, 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. 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, convening in January, 1953, 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 28, 1874, and several Acts amendatory thereof, and for other purposes. This December 16, 1952. J. C. Savage, City Attorney Dec 17 24 31 tfn This 9th day of February, 1953. /s/ Hamilton Lokey Sworn to and subscribed before me, this 9 day of February, 1953. /s/ Janette Hirsch
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Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Notarial Seal Affixed). Approved March 11, 1953. LAWRENCEVILLE CITY MANAGER. No. 463 (House Bill No. 557). An Act to amend an Act entitled An Act to create a new charter for the City of Lawrenceville, Georgia; to fix the incorporate limits; to create the officers of said city; and define their duties and fix their compensation; to provide for public improvements and the proper sanitary and police regulations of said city, and for other purposes, approved August 19, 1912, and all Acts amendatory thereof, to provide for a city manager form of government, to provide for the appointment of said city manager, to define his powers and duties and to provide for the fixing of his salary and term of office; to provide for a referendum before said Act shall become effective, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act, approved August 19, 1912, entitled An Act to create a new charter for the City of Lawrenceville, Georgia; to fix the incorporate limits; to create the officers of said city; and define their duties and fix their compensation; to provide for public improvements and the proper sanitary and police regulations of said city, and for other purposes, and all Acts amendatory thereof, be, and the same is hereby amended to include the following provisions. Section 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of

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Lawrenceville, shall select and appoint a city manager for the City of Lawrenceville within sixty days after this Act becomes effective, or as early as practicable thereafter, who shall be the administrative head of the municipal government of the City of Lawrenceville, and who shall be responsible for the efficient administration of all departments of said municipal government. Said city manager shall be selected and appointed without regard to his place of residence, political beliefs or affiliation; and during his absence or disability the mayor and council may designate some qualified person to execute and perform the functions and duties of the office, and in case of a vacancy in the office of city manager it shall be the duty of the mayor and council to appoint a successor as early as practicable. The mayor and council to have full power to make a temporary appointment or to perform the functions and duties of the office during said vacancy. City manager. Section 3. Be it further enacted by the authority aforesaid, that the powers and duties of said city manager shall be: (a) To see that all laws and ordinances are enforced. Powers and duties. (b) To exercise control over all departments and divisions of the City of Lawrenceville. (c) To attend all meetings of the mayor and council, with the right to take part in all discussions, but having no vote. (d) To recommend to the mayor and council for adoption, such measures as he may think necessary and expedient. (e) To prepare and submit to the mayor and council an annual budget. (f) To keep the mayor and council fully advised as to the financial condition and needs of the city.

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(g) To supervise and direct the official conduct of all appointive city officers, except as may be hereinafter otherwise provided. (h) to supervise the performance of all contracts made by any person or firm for work done for the City of Lawrenceville, and to make all purchases of materials and supplies for the city under such rules and regulations as may be imposed by the mayor and council from time to time; (i) To appoint and discharge all subordinate officers and employees in all departments, except the city clerk, and city attorney, and city recorder. All appointments to be made upon merits and fitness alone; said right of appointment and discharge being subject to the ratification and approval of the mayor and council at its next regular meeting after such appointment or discharge; provided, however, that if the mayor and council shall desire the discharge of any officer or employee of the city, and the city manager shall, upon demand of the mayor and council, refuse to discharge such officer or employee, said mayor and council may, by proper resolution passed at a regular meeting of the mayor and council, discharge such officer or employee. (j) To perform such other duties as may be prescribed in this Act, or as may be required of him by ordinance or resolution of the mayor and council. Section 4. Be it further enacted by the authority aforesaid, that the city manager may be removed from his office or employment at any time by a majority vote of said mayor and council, without cause and without notice. Removal. Section 5. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Lawrenceville shall fix the salary or compensation of the city manager. Compensation. Section 6. Be it further enacted by the authority

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aforesaid, that the mayor and council may require the city manager to come before them at any time and answer questions either orally or in writing and may require from said city manager, at any time they may see fit, written reports upon any matters involving the city that they may deem proper. Reports. Section 7. Be it further enacted by the authority aforesaid, that a special election shall be held in the City of Lawrenceville, as provided in Section 69-101 and 69-102 of the Code of Georgia, 1933 to determine whether or not this Act shall be put into full force and effect. The ballots for said election shall have written or printed thereon the words: Referendum. For Amendments to Present Charter, and Against Amendments to Present Charter, and if a majority of those voting in said election shall vote for For Amendments to Present Charter this Act shall become effective; but if a majority of those voting in said election shall vote for Against Amendments to Present City Charter, this Act shall not become effective. Section 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Section 9. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Georgia, Gwinnett County. In person before the undersigned attesting officer, personally appeared Marvin A. Allison, who after being

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duly sworn, deposes, says, and certifies that he is the publisher of the News-Herald, a newspaper published in said county and in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald on the following dates, to wit: January 22, 1953, January 29, 1953; and February 5, 1953. /s/ Marvin A. Allison. Sworn to and subscribed before me, this the 7th day of February, 1953. /s/ R. F. Duncan, N. P. Gwinnett Co., Ga. (Notarial Seal Affixed). Notice of Proposed Local Legislation. Notice is hereby given that at the January 1953 session of the General Assembly of Georgia, there will be introduced a bill to amend the charter of the City of Lawrenceville, Georgia; to provide for a city manager form of government, to provide for the appointment of said city manager, define his powers and duties and to provide for the fixing of his salary and term of office; to provide for a referendum before said Act shall become effective and for other purposes. This 20th day of January, 1953. J. F. Brannan, Mayor. 13-3t-c Approved March 11, 1953. CITY COURT OF MACONASSISTANT SOLICITOR. No. 464 (House Bill No. 573). An Act to amend an Act approved August 14, 1885,

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entitled: 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 other officers thereof; to define their powers and duties, and for other purposes and all Acts amendatory thereof, by providing for the creation of the office of assistant solicitor of said court; to set the effective date of this Act; to provide for the appointment of said assistant solicitor; to define his powers and duties; 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 Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, there shall be in existence an office, which is hereby created, which shall be known as Assistant Solicitor of the City Court of Macon. Assistant solicitor. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the said Assistant Solicitor of the City Court of Macon shall be appointed by the Solicitor of the City Court of Macon, by and with the approval of the Judge of the City Court of Macon. Appointment. Section 3. The qualification of the assistant solicitor shall be the same as those prescribed for the Solicitor of the City Court of Macon; and he shall be required to take the same oath required of said Solicitor of the City Court of Macon. Qualifications. Section 4. The said assistant solicitor shall have the same authority as the Solicitor of the City Court of Macon to appear in court and to prosecute cases for the State of Georgia in said City Court of Macon; or to issue warrants, or to direct the issuance of warrants; he shall have the same authority to examine witnesses and conduct investigations into all matters within the jurisdiction of said court; he shall have the same authority to draw, prepare, sign, and file accusations, enter pleas, and to perform all other duties of the solicitor of said court. Powers and duties.

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Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the said assistant solicitor shall be paid a salary out of the treasury of Bibb County, in the amount set by the board of commissioners of said county, in equal monthly installments. Salary. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, that said assistant solicitor may be removed from office at any time by the Solicitor of the City Court of Macon by and with the consent of the Judge of the City Court of Macon. In the absence of removal of the said assistant solicitor, he shall have a term of office concurrent with the term of office of the person appointing him, as solicitor, or his successor in office. Removal. Term. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, 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 the undersigned attesting authority John B. Harris, Jr., who on oath deposes and says that he is the author of the within and attached bill, and that the notice of intention to ask for local legislation, as the same appears in the within and attached clipping from The Macon News, was published in the Macon News, the newspaper in Bibb County, Georgia, in which the sheriff's advertisements for said county are published upon January 14, 1953, January 21, 1953, and January 28, 1953. /s/ John B. Harris, Jr. John B. Harris, Jr. Member General Assembly Bibb County, Georgia. Sworn to and subscribed before me, this the 11th day of January, 1953.

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/s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956. (Notarial Seal Affixed). 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 that advertisement as per attached clipping has been published in The Macon News on the following dates. January 14, 1953 January 21, 1953 January 28, 1953 /s/ Florence J. Scott. Sworn to and subscribed to before me, this 28th day of January, 1953. /s/ Anna J. Harris Notary Public, Bibb County, Georgia. (Notarial Seal Affixed). Notice of Intention to Apply for Local Legislation. Notice is hereby given that at the present session of the General Assembly of Georgia, which convened in Atlanta January 12, 1953, a bill will be introduced to amend the Act creating the City Court of Macon and amendments thereto, so as to provide for the creation of the office of assistant solicitor of said court, to provide

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methods of appointment, to define qualifications, duties and powers, and for other purposes. This 13th day of January, 1953. O. L. Long Approved March 11, 1953. COUNTY COURT OF ECHOLS COUNTY. No. 466 (House Bill No. 505). An Act to abolish the County Court of Echols County as established by an Act entitled An Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended; to exclude Echols County from the provisions of said Act; to create a new county court; to define its jurisdictions and powers; to provide for the election of a judge; to name the first judge of said court; to provide for a solicitor; to provide for a clerk of court; to provide for a sheriff of said court; to provide compensation for officers of the court; to prescribe the duties of officers of the court; to provide for the pleading and practice of said court; to provide for appeals; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The County Court of Echols County, created and organized under an Act entitled An Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended, is hereby abolished under the authority of Article VI, Section XVIII, Paragraph I, of the Constitution of Georgia of 1945 (Annotated Code 1933, Section 2-5301).

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Section 1A Section 1 of an Act entitled An Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended, is hereby amended by inserting after the words `counties of Haralson,' the word `Echols,' so that said section when so amended shall read in part as follows: `Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act, the Governor of the State of Georgia, by and with the advice and consent of the Senate, shall appoint for each county in said State of Georgia, except the counties of Haralson, Echols, Pickens, Pike, Cobb, Dawson, Forsyth, White, Walton, Bulloch, Paulding, Effingham, Montgomery, Charlton, Telfair, Clinch, Coffee, Irwin, Sumter, Wilkinson, Gilmer, Appling, Fannin, Jefferson, Colquitt, Worth, Mitchell, Emanuel, Johnson, Glascock, Fayette, Union, Franklin, Chatham, Tattnall, Harris, Chattooga, Wilcox, Talbot, Ware, Bartow, Cherokee, DeKalb, Banks, Pierce, Towns and Milton,..... ' Section 2. There is hereby established in the County of Echols a new county court which shall have powers, jurisdictions, authority and officers as hereinafter provided. Court established. Section 3. In all cases pending in the County Court established under the Act approved January 19, 1872 (Ga. Laws 1871-72, p. 288), as amended, both civil and criminal shall be transferred to the County Court of Echols County, as herein established, and tried in said county court as if originally filed in said court and all illegalities, claims and answer to any proceedings growing out of any execution, decree or order of said court shall be returned to said county court herein established, and all witnesses subpoenaed in cases pending in said abolished county court shall attend the county court herein established from time to time until said cases so transferred shall be disposed of. All cases pending in said abolished county court so transferred to said established

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county court shall stand for trial at the next term thereof and until continued therein under the laws regulating continuances of cases in said established court. Pending business. Section 4. The County Court of Echols County herein established shall be a court of record having jurisdiction throughout the county as follows: (a) The jurisdiction of the county court shall extend into the county town, district or districts to all civil cases of contract or tort (save where exclusive jurisdiction is vested in the Superior Court) where the principal sum claimed in cases of contract or damages in cases of tort does not exceed five hundred dollars ($500.00); and over the remainder of the county, when the principal sum aforesaid does not exceed five hundred dollars ($500.00) or is less than fifty dollars ($50.00). Civil jurisdiction. (b) At the monthly session said court may entertain jurisdiction of issues on distress warrants, and of suits, in which the amount of the principal, or of damages claimed, does not exceed one hundred dollars ($100.00), and at the quarterly sessions it shall have jurisdiction of issues on distress warrants, and suits, wherein such amount is not more than five hundred dollars ($500.00). Claims, illegalities, and other defenses to the proceeding of executions from said court shall be tried at such session as had jurisdiction of the suit whence the execution issued, or the amount of principal originally named in the execution. (c) Any person desiring to bring his claims within the jurisdiction of the county judge, may do so by remitting or releasing so much of his claims as will bring it within the jurisdiction aforesaid of the county judge. (d) The county court shall have jurisdiction in all cases in garnishment, as well when the debt of the garnishee to the defendant shall exceed, as when it shall fall short of, the jurisdictional amount of said court; and in all cases of suit on bail or attachment, claim or other obligations, or bonds given by parties to any proceedings

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issued from or had in said court, although the penalties of said bonds may exceed the jurisdiction of said court by being in double the sum sworn to, attached, or of the execution issued, or property levied on: Provided, the original cause of action upon which such bonds or obligations were had, or taken, did not exceed the jurisdiction of said court. (e) In all cases in the County Court of Echols County where any of the persons sought to be garnisheed reside in a different county from Echols where the suit is pending or in which the judgment was obtained, the summons of garnishment may be made returnable to the county court, of the county of the residence of the garnishee: Provided, that in the event there by no county court in the county of such garnishee's residence, then the same may be made returnable to the superior court of the county of the garnishee's residence. (f) The practice and modes of procedure in the county court, and the effect of its proceedings, records, and judgments shall be the same as in the superior court, from the filing of the original suit to the final process and proceedings to enforce judgment thereon, and upon claims, illegalities, or other defenses to the proceeding of the executions of the county court, except as hereinafter provided. Practice and procedure. (g) In suits to the monthly session or term, the original petition shall be filed with the clerk of the county court fifteen days, and service thereof shall be made ten days before said session, and such cause, unless continued, shall be tried at the first term after suit begun. (h) The trial and judgment in said court shall be by the court without a jury in all civil cases. (i) When an affidavit of illegality or other defense to the proceeding of an execution shall be made, the case arising thereon shall not be, as against the plaintiff in execution or his assignee, forced to trial, until he or his attorney shall have had ten days' notice of such defense

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being made, which notice shall state that the party defending has filed his defense to the proceeding of such execution, shall be signed by such defending party or his attorney, and its service proved as the service of notice to produce papers. (j) In all cases suits may be brought in the county court against parties residing in different counties, under the same rules and regulations as to second originals as are practiced in the superior courts, and it shall be lawful for such second originals, processes, summonses, attachments, or other papers requiring service, to be served and returned by the sheriff or his deputy, or any lawful constable of the county to which said papers may be sent for service having no county court established therein: Provided, nevertheless, that in cases where the law requires the first original to be served by the sheriff or his deputy, the second original shall be served in like manner. (k) When the time specified in said summons shall have arrived for the hearing, trial and judgment of the cases specified, the said county judge shall proceed to hear and determine the said cases as aforesaid, as justices of the peace hear and determine matters submitted to their jurisdiction, unless the case is continued, which continuance may be allowed for the same grounds and on the same terms as cases are continued in the superior courts of this State, for a period not exceeding ten days; said summons may be answered to and defended as suits in the justice's court by defendants, and either party may amend his pleadings in accordance with the general law of amendments and the nature of the proceedings. Section 5. The practice and modes of practice in the county court and the effect of its proceedings, records, and judgments shall be the same as in the superior courts unless otherwise provided. (a) So soon as judgment is entered, said county judge is compelled to issue an execution upon such judgment, unless an appeal is taken, or a certiorari sued out, as

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herein provided; which execution shall be in the usual form issued by justices of the peace. (b) When such execution shall be levied on property to which a legal claim is asserted, said claim shall be disposed of by said county judge; but the same right of appeal and certiorari shall exist as in cases provided for in this Act; and if any affidavit of illegality is taken to the proceeding of said county judge, or to the execution of his judgments and orders, the same shall be returned to him for disposition, as cases of illegality are returned to the superior court, with the same right of appeal and certiorari as is herein allowed in claims and other cases. No claim case or illegality shall be disposed of until the county judge has given ten days' notice of the time and place of hearing the same, to the parties interested, or their agent or attorneys at law. Executions. (c) The county judge shall have the power to procure testimony from witnesses in his county, to compel production of papers, and to procure testimony by interrogatories and commission, as judges of the superior court, and shall have the same general power, to issue any notice, writ, order, and processes necessary to dispose of matter pertaining to his jurisdiction as are granted to judges of the superior courts in their jurisdictions, and shall be allowed to exercise the same authority as to contempts of officers and others, by fining not exceeding one hundred dollars ($100.00), and imprisonment not exceeding ten days; and whatever imprisonment is inflicted by said county judge, or shall be necessary to enforce his orders and sentences, shall be in the county jail of the county in which he is judge, over which, to the extent of his jurisdiction, he shall have as much control as a judge of the superior court. Powers of judge. (d) Said county judge shall have jurisdiction to hear and determine all applications for the eviction of intruders, tenants holding over, partition of personal property, for the trial of possessory warrants; issue and dispose of distress warrant, attachments and garnishments; foreclose mortgages on personal property and

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liens; attest deeds and other contracts for registry, and administer oaths, grant writs of habeas corpus and determine the same, as now by law is given to ordinaries in this State. The county judge shall allow parties to file their defense in writing, under oath, as all defenses in all cases of a civil nature before said county judge must be filed, and proceed to give judgment only when such notice and opportunity for defense is offered; and the same rights of certiorari and appeal, when applicable, shall exist in relation to the matters specified in this section as is provided in this Act. (e) In civil cases, the right of certiorari from the county court shall be as provided in this Act. (f) The county court shall be held at the courthouse, or where the superior courts are usually held in the county; and shall have the same powers as to continuances and adjournments, which belong to the superior court. Place of court. Section 6. Appeals. If either party is dissatisfied with the judgment of the county judge, and the principal sum claimed, or damages claimed, exceeds fifty dollars ($50.00), said party may enter an appeal from such judgment under the same rules and regulations and within the same time as provided for appeals from the justices of the peace court to the superior court. When such appeal is entered, said county judge shall transmit the same and all papers connected with the case appealed to the clerk of the superior court of the county in which the case was tried, at least five days before the next term of the superior court, there to be tried and disposed of as provided for the trials of appeals. Appeals. Section 7. If the judgment of the county judge has been rendered in a case where the principal sum or damages claimed does not exceed fifty dollars ($50.00), either party may sue out a certiorari to his judgment in conformity to the Constitution of this State and provisions of the Code of 1933 and amendments thereto regulating certioraries; and in his petition for certiorari may state

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all the decisions and judgments complained of as erroneous, from the beginning to the end of the case. All the rules provided in the Code of 1933, as amended, for preparing, answering, hearing, and disposing of certioraries from justices' court shall apply to the said certioraries sued out to the decisions and judgments of the county judge, which may be disposed of by the judge of the superior court in accordance with said rules, in vacation or at a regular term of the superior court. Certiorari. Section 8. All sales made by any sheriff or bailiff of the county court, or any property levied on by such officer, under and by virtue of a fi. fa. or other process issued from the county court, shall be conducted in the same manner and after the same advertisement as sheriff's sales under process from the superior courts of this State, with the exception that when the fi. fa. or other process is for one hundred dollars ($100.00) or a less sum, and is levied on personal property, such sale shall be advertised by posting a notice of the same at the court-house door and three other public places in the county, for twenty days before the day of sale. Sales. Section 9. The fees and costs of said county judge shall be as follows: For the foreclosure of mortgages, the partition of personalty, the removal of intruders, or tenants holding over, for the certiorari of any case, for trial of possessory warrants, and the like, three dollars ($3.00); and where no provision is made for fees and costs, then his fees and costs shall be such as are allowed by law to justices of the peace. The clerk of said court shall be entitled to receive such fees for his services in connection with such matters as are allowed to clerks of the superior court by law. Fees and costs. Section 10. The criminal jurisdiction of Echols County Court shall be as follows: (a) Trial of offenses committed in the county for which the offender is not punishable capitally or by imprisonment in the penitentiary, which criminal jurisdiction shall be exercised as herein set out.

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(b) When the superior court has first acquired jurisdiction of any misdemeanor, the county court shall not have jurisdiction thereof while it is pending in the superior court. (c) The county judge shall also have jurisdiction and authority as justices of the peace in this State, upon affidavit made before them, to issue criminal warrantsto be in the form, both as to affidavits and warrants, prescribed by the Code of 1933, as amendedagainst all persons accused of crimes and misdemeanors. In cases which, upon an examinationwhich examination they are authorized to makeappear to be felonies, the county judge shall commit the party accused to jail for safe keeping so that his presence may be secured for trial before the proper tribunal, unless the case be bailable by a justice of the peace, when the accused may, on complying with the law respecting bail, be bound over to appear before the proper court for the trial of such a case and answer to the matters charged against him. If the felony be bailable as aforesaid, and the defendant cannot give the bail, said judge shall commit him to jail for safe keeping so that his presence may be secured for trial before the proper court to try such cases; when the felony brought before him is bailable as aforesaid, said judge shall have the right to admit to bail at any time until the court which has jurisdiction of felonies shall meet. In cases which do not upon examination appear to be felonies, said county judge shall have full authority and jurisdiction, as hereinafter provided, to hear, determine, sentence, decide and adjudicate upon the same, unless the party accused shall, in a writing signed by him, demand an indictment by a grand jury of the county in which the misdemeanor was committed. In that case, the county judge shall require of the defendant demanding such indictment good bond and security to appear and answer to such indictment, if found, at such time and place and before such tribunal as the said indictment may be tried. If no such bond and security is given, then the county judge shall commit to jail for safe keeping the person so accused and demanding such indictment, until the proper grand jury can act upon

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the charge and until the case can be legally determined. If an indictment is found by said grand jury, the judge of the superior court, may, if he chooses so to do, order said indictment to be returned, with all the papers pertaining to said case, to the county judge, to be disposed of by him, after ten days' notice to the party accused and the prosecutor, as others are disposed of by him in which no indictment has been demanded. In cases which do not appear to be felonies, and in which no indictment is demanded by the party charged with a misdemeanor, and in cases of misdemeanors upon which an indictment has been found and returned to the county judge for trial, the county judge shall immediately proceed to hear and determine said cases, unless a continuance shall be asked for or a jury is demanded, as hereinafter provided, which continuance, if it falls within the rules for the continuance of criminal cases in the superior court, shall be granted to such time as is proper and just under the circumstances. If parties accused shall not ask a continuance, or shall be refused a continuance, and shall demand a jury to try their case, instead of the county judge, then the case shall be postponed until a jury can be summoned for such trial. Criminal jurisdiction. (d) Jurors shall be procured in the following manner: Said county judge shall, from the list of persons liable to do jury duty in the county wherein he resides, make a list, and putting their names in a box kept for that purpose draw, by lot, the names of twelve jurors, who shall be summoned by the same bailiff already provided for in this Act, (he being fully authorized to execute all orders, warrants, writs and precepts, relative to criminal proceedings,) to attend before him at such time and place as he may select, anywhere in the county of which he is judge, when and where the party accused, and demanding a jury trial, shall be tried as accused parties are tried for misdemeanors in the superior courts of the State. The accused shall have the right of peremptory challenge to the jury so summoned, and the State may peremptorially strike three (3) of such jurors, and the defense may peremptorially strike four (4) of such jurors, and the remaining five (5) jurors shall constitute

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the trial jury. In order to procure an impartial jury, the county judge shall ask the jurors, under oath, (which he may administer,) such questions as will ascertain the impartiality of the jury, and, if any are found incompetent, according to the rules provided in Code of 1933, as amended, he shall, as before provided, have tales jurors summoned until an impartial jury can be procured. If the verdict of said jury, which shall have the same power and duties as juries in criminal cases in the superior court, as to law and facts, shall be against the defendant, he shall be sentenced, as in cases where the county judge alone tries the case. Juries. (e) When a criminal case is first called for trial, the defendant shall be asked by the judge whether he demands as a condition to trial, indictment or presentment by a grand jury; and, if he makes no such demand, the fact shall be recorded; he shall then be asked whether he demands a trial by jury, and if he makes no such demand, that fact shall be recorded; and thereupon a written accusation shall be made out and proceedings shall be had thereon as follows, viz.: The county judge shall frame a written accusation, founded upon the affidavit charging the defendant, said accusation to be in the name of the State of Georgia, signed by the prosecutor, and distinctly setting forth the nature of the offense charged, the time when, where, and by whom committed, and that it is based upon said affidavit briefly referring to it; to this accusation the defendant may demur for insufficiency or plead to the merits. When the case is submitted to the county judge, upon the pleadings as hereinbefore set forth, (defendant being allowed full opportunity to plead and defend as in criminal cases in the superior court) the county judge shall give both parties, accuser and accused, time, if necessary, for a fair and impartial hearing, and said county judge shall, on the trial, before him or a jury, make a thorough and careful examination of all the witnesses and testimony, and in no case allow either the State or the accused to be prejudiced from any want of an examination or cross-examination of the witnesses in the case before him; after the case is submitted, upon the evidence and law,

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the county judge or the jury, if a jury is demanded, shall, in ascertaining the guilt or innocence of the party accused, be governed by the same rules as govern juries in criminal cases in the superior court; if the decision of the county judge, or the verdict of the jury is against the defendant, said county judge shall at once sentence the accused according to law, and the rules of law governing judges of the superior courts in sentencing parties found guilty of misdemeanors. If the decision of the county judge, or the verdict of the jury, is in favor of the accused, he shall be discharged from the accusation so tried. Procedure. (1) Should the defendant so demand indictment or presentment, that fact shall be recorded and he shall be committed, or bound over, to the next superior court, having due regard to the laws concerning bail in criminal cases; and thereupon the warrant, with an entry made thereon by the judge of such demand and of the fact of bail or of committal, with the bond if any, shall be forthwith transmitted to the office of the clerk of the superior court, to be proceeded on then according to law. Commitment. (2) If, after hearing the evidence on any criminal trial, it shall appear to said court, that the offense is beyond the jurisdiction thereof, the trial shall be discontinued, and the accused committed, or bound over to the next superior court, according to the law of bail and commitment; and the proceedings shall be, as in the preceding section, transmitted to the superior court. (3) Such indictments, or presentments, as may be transferred to the county court by the superior court, shall be tried therein in the manner herein set forth, except asking the defendant if he demands indictment or presentment. (4) If any defendant in a criminal case shall demand a jury trial, it shall be promptly allowed him; and the procuring and empaneling of juries, and their service in the county court, shall be regulated as herein provided.

Page 3207

(5) Said court may exercise its criminal jurisdiction at any session, monthly, or quarterly, and, for the trial of any criminal case, the court may set at any time, after two days' notice to the defendant, or immediately, if such notice is waived. Section 12. The county judge shall have the right to try any and all of the criminal cases which may properly come before him, at any place in the county, and the right to certiorari from his decision and judgment in all criminal cases shall exist as in all civil cases, and the certiorari shall be obtained and disposed of, either in term or vacation, in the following mode, to wit: Such certiorari may be had under the sanction and order of the judge of the superior court of the circuit in Echols County, in all criminal cases, upon a petition in writing, by the defendant, to said judge, complaining of errors and showing sufficient grounds of error, in thirty (30) days after such trial. This petition shall state the grounds of complaint, and give a brief of the material evidence, and be duly sworn to. Certiorari. (a) If, upon examination, the judge of the superior court shall consider the petitioner entitled to a writ of certiorari, it shall be his duty to issue such writ, directed to the county judge aforesaid, as in civil cases, requiring him to certify and send up to him a complete and accurate history of the case so tried: Provided, that no writ of certiorari shall be granted in a criminal case unless the accused shall first have filed his affidavit, setting forth that he has not had a fair trial, and that he has been wrongly and illegally convicted, and unless the party applying shall give such bond and security, or make such affidavit as is permitted in the Code of 1933, as amended, for parties in criminal cases carrying up such cases to the Supreme Court or Court of Appeals, of this State, as the case may be. (b) The history of the case given by the county judge in obedience to the writ of certiorari shall be subject to correction and traverse as is provided for in the Georgia Code of 1933, as amended, for the justices of the peace,

Page 3208

except that said judge of the superior court shall hear and determine said certiorari and return at any time after thirty (30) days' notice is given to the accused, and then may pass such judgment or sentence as, in review of the whole case, is consistent with justice. In all cases where the county judge alone tries the case, such superior courts, on certiorari, may pass such sentence or judgment as is consistent with law. Section 13. The county judge shall keep a docket of all criminal cases disposed of by him as herein provided, and shall therein state the case, its nature and disposition, and shall, as in civil cases, keep carefully all the papers separate so as to be able at any time to make a true history of the cases disposed of. Docket. Section 14. The county judge shall, in the trial and determination of criminal cases, have the same authority to preserve order and punish contempts as is given him in civil cases, and shall have the same authority and control of the jail for the punishment of offenders as the judges of the superior courts. Section 15. The county judge shall at no time exercise jurisdiction in criminal cases in concurrence with a justice of the peace; all cases brought before the justices of the peace of the county if they shall appear to be misdemeanors, shall at once be turned over to the proper county judge for trial, which shall be treated by him as if originally brought before him. Cases from justice court. Section 16. The county judge shall have the same authority to procure testimony and compel the attendance of witnesses in criminal cases as judges of the superior courts. Witnesses. Section 17. Whenever a trial by jury is demanded, and the same shall be had before the county judges and a jury on which the county judge is hereby authorized to act as a judge of the superior court in criminal trials, and the party accused is found guilty, and error by the jury is complained of, the judge of the superior court has

Page 3209

full power, and it is hereby made his duty, to revise their proceedings by certiorari, obtained as hereinbefore provided in criminal cases before the county judge alone; and if a material error is discovered by him in the finding of the jury he shall grant a new hearing before a jury, to be had in the same mode as the first trial. The writ of certiorari in this class of cases shall be directed to the county judge requiring him to certify all the proceedings before the jury, so that the judge of the superior court can ascertain if any error was committed by the jury and rectify the same. Certiorari. Section 18. The county judge shall keep his offices and all papers and other things belonging thereto, at the county site and at the courthouse. Said office shall be kept open every day, except Sundays and public holidays. Office. (a) The county court shall be held at the courthouse, or where the superior courts are usually held in the county; and shall have the same powers as to continuances, adjournments, which belong to the superior court. Place of court. Section 19. The county judge shall have full power to grant new trials in all cases adjudicated by him, and his decision and judgment on such new trials, excepting where granting a new trial to persons convicted of crimes, shall be subject to revision by writ of certiorari or appeal, as in other cases, and the right of appeal, as provided by law for parties sued for more than fifty dollars ($50.00), principal, shall extend to cases provided for in this Act. But all motions for new trials in criminal cases tried before the county courts of this State, shall be made within ten (10) days from the date of conviction, and in the same manner and under the same rules of practice as are of force in the superior courts of this State. New trials. Section 20. In cases of emergency, when more than one bailiff is necessary to attend to the business of the county judge, or there is no regular bailiff, or he is sick or absent, or for any other reason he cannot conveniently attend, said county judge may appoint, by order on his docket, a special bailiff, without taking from him bond

Page 3210

and security, but in all cases requiring the usual oath administered to constables. These bailiffs when appointed shall have the same authority to serve processes, summonses, orders and other legal papers of the county judge, over the entire county over which the county judge has jurisdiction, as constables have in their several districts, and shall, for the county in which they are appointed, have all the rights of a constable, and be liable to perform all the duties of a constable. Bailiffs. Section 21. The first judge of the county court herein established shall be the present judge of the county court abolished herein, created by an Act approved January 19, 1872, (Ga. Laws 1871-72, p. 288). It is not the purpose of this Act to legislate said judge out of office as might be prohibited under Article III, Section VII, Paragraph XV, of the Georgia Constitution of 1945 (Code Anno., Section 2-1915), but, to the contrary, the purpose of this section and this Act is to have said judge fulfill his elected term as judge of the county court herein established. Said judge shall hold office until his present term expires. Thereafter the judge for the county court herein created shall be elected for a term of two years and shall hold office until his successor is elected and qualified. Said election shall be held at the same time and under the rules and regulations for the members of the General Assembly of Georgia. Present judge. Election and term. Section 22. Any vacancies in the office of judge of the county court of Echols County which may hereafter exist shall be filled by a special election to be called, held and conducted in the same manner as an election to fill the vacancy in the office of clerk of the superior court. However, if such vacancy occurs six (6) months or less before the next general election, such vacancy shall be filled by the ordinary. Vacancy. Section 23. Before entering upon the duties of the office of county judge, the person so elected shall take and subscribe the following oath before the Ordinary of Echols County: Judge's oath.

Page 3211

I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the United States, and the Constitution of the State of Georgia, and the laws of the State of Georgia, and that I will faithfully and impartially, and without fear, favor or affection discharge my duties as Judge of the County Court of Echols County, to the best of my ability and understanding, so help me, God. Section 24. The judge of said county court herein established shall be paid not less than the sum of four hundred dollars ($400.00) per annum, out of the county treasury of Echols County, which said salary shall be paid in quarterly installments. Said judge shall, in addition to said salary, be permitted all fees herein allowed. The county commissioners by majority vote may increase said salary not to exceed six hundred dollars ($600.00) per annum. Judge's salary. Section 25. The Clerk of the Superior Court of Echols County shall be the ex officio clerk of said county court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said county court. Clerk. Section 26. The Sheriff of Echols County shall be ex officio sheriff of said county court, and, in his official connection with said court, he shall be known as the Sheriff of the County Court of Echols County. He shall have power to appoint a deputy or deputies, with the consent of said judge. Sheriff. Section 27. All the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff shall be attached to the office of clerk and to the office of sheriff of the County Court of Echols County. Section 28. The clerk of said county court shall be paid forty dollars ($40.00) per month, from the county treasury to be paid by the county commissioners monthly,

Page 3212

and the sheriff thereof shall receive for all services the same fees as are allowed by law for like services in the superior court. They shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies, to enforce the collection of their fees and costs in said county court as they are now entitled to in the superior court. The clerk of county court shall collect all costs, fines and forfeitures of the county court, and pay same into the county treasury. The county commissioners shall pay the judge, clerk and sheriff of said court all salaries and costs to which they are lawfully entitled. Their compensation. Section 29. If any clause or section of this Act shall be held unconstitutional, then the remainder of said Act shall not be affected thereby. Section 30. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that at the 1953 Session of the Georgia Legislature I will introduce a bill amending the Act of 1871-2 and Acts amendatory thereof pertaining to the establishment of County Courts in this State and that said legislation will include an amendment to the Act of 1911 creating the County Court of Echols County, said amendment to define the powers and duties of said court, to provide for a clerk, solicitor and marshal of said court and to provide that the clerk of the Superior Court or Clerk of County Commissioners may act as clerk of said court and to provide that the sheriff may act as marshal of said court and for other purposes. This 22 day of Dec., 1952. /s/ Charles E. Stewart, Representative of Echols County. 12/23, 30 1/6.

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Georgia, Fulton County. Before me, the undersigned officer, authorized by law to administer oaths, personally appeared Charles E. Stewart, who, on oath says: He is the duly elected Representative from Echols County, Georgia, for the period 1953-1954 and that notice of intention of introducing the above and foregoing bill was published in The Valdosta Daily Times, the Legal Organ for Echols County, Georgia. That said notice was published on the following dates, to wit: December 23rd and 30th, 1952, and January 6th, 1953. /s/ Charles E. Stewart, Charles E. Stewart, Representative, Echols County, Ga. Sworn to and subscribed before me, this 11th day of February, 1953. /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 11, 1953. SALARIES OF OFFICERS IN CERTAIN COUNTIES. No. 469 (House Bill No. 529). An Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants under the 1950 United States census or any subsequent census, the clerk of the superior court, (whether he be clerk of the superior court or ex officio clerk of another court or courts); the sheriff, the ordinary, the tax collector, the tax receiver, the treasurer; to make provisions regulating the carrying out of such charges; to regulate the collection and disposition

Page 3214

of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation of county officers, deputies, clerks, assistants and the county attorneys in such counties; to provide for the furnishing the sheriffs in such counties with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees; to provide that no county official, deputy, assistant or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the sheriff, clerk, ordinary, tax collector and tax receiver as to their respective offices; to abolish county police in such counties, except as shall be done through the sheriff's office in such counties; to fix the compensation of the members of the board of roads and revenues of such counties; to fix the salary of the county attorney of such counties and to denominate the county attorney as an employee of such counties within the provisions of any laws dealing with employees; to repeal conflicting laws or parts of laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States census of 1950, a population of not less than 100,000 inhabitants or more than 110,000 inhabitants, and to all counties in the State having by any future census of the United States, a population of not less than

Page 3215

100,000 inhabitants or more than 110,000 inhabitants, and on the publication of said census any county not now having said population of 100,000 but by said new census having said population, such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the tax collector and tax receiver, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided. Counties where applicable. Section 2. Be it further enacted by the authority aforesaid that in all such counties the salaries of the following officials shall be as follows: (a) Clerk of the superior court, whether ex officio clerk of another court or not, an annual salary of $7,875.00 per annum, payable in equal monthly installments. Salaries. (b) The sheriff, an annual salary of $7,875.00 per annum, payable in equal monthly installments. (c) The ordinary, an annual salary of $7,875.00 per annum, payable in equal monthly installments. (d) The tax collector, an annual salary of $7,875.00 per annum, payable in equal monthly installments. (e) The tax receiver, an annual salary of $6,562.44 per annum, payable in equal monthly installments. (f) The county treasurer, an annual salary of $6,562.44 per annum, payable in equal monthly installments. Provided, nevertheless, said salaries shall be in full payment of all fees or other emoluments that shall accrue to any and all such officers that would otherwise accrue to them except for this Act, and all fees or other emoluments

Page 3216

collected by them or either of them from the State or any public agency by virtue of their respective offices, shall be paid by them unto the treasurer of the county where such officer or officers hold office. Fees. Section 3. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the sheriff's deputies and assistants in all such counties shall consist of the following; all of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistans shall be fixed by the sheriff from time to time, at an amount not to exceed the following: Sheriff's, deputies and assistants. 1 Chief deputy sheriff $ 384.30 per month; 3 Deputy sheriffs $ 362.81 per month; 1 Bookkeeper cashier $ 309.37 per month; 1 Stenographer file clerk $ 200.00 per month; 7 Deputy sheriffs, each $ 333.25 per month; 17 Deputy sheriffs, each $ 309.37 per month; 1 Matron $ 196.88 per month; 3 Record clerks $ 272.25 per month; 3 Radio technicians $ 272.25 per month; 1 Radio technician $ 278.30 per month; 1 Radio technician $ 309.37 per month; 11 Women deputies $ 50.00 per month; 1 Mechanic $ 302.50 per month; $300.00 per month shall be appropriated to the sheriff for the purpose of making salary adjustments to the employees listed herein above and for the employment of additional employees if same is deemed necessary in the discretion of said sheriff. Section 4. Be it further enacted by the authority aforesaid, that the sheriff in all such counties as are described in Section 1 of this Act shall be furnished for the exclusive use of his office such automobiles as may be necessary for carrying on the work of his said office, the number of said automobiles so furnished to be in the

Page 3217

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 gasoline, oil, and accessories for said automobiles; all in the discretion of and subject to the approval of the county commissioners. Said automobiles are to be used in carrying on the work of the sheriff's office. Sheriff's automobile. Section 5. Be it further enacted by the authority aforesaid, from and after the approval of this Act, the clerk of superior court's deputies and assistants, whether he be ex officio clerk of another court or not, in all such counties, shall be as follows, and their salaries shall be fixed by the clerk of the superior court from time to time, at an amount not to exceed the following: Deputies and assistants, Clerk of Superior Court. 1 Chief deputy clerk $ 309.38 per month; 1 Deputy clerk $ 278.30 per month; 1 Deputy clerk $ 272.25 per month; 2 Minute clerk part bookkeeper $ 253.13 per month; 1 Recording clerk and bookkeeper $ 230.63 per month; 1 Filing clerk and bookkeeper each $ 225.00 per month; 3 Stenographers $ 225.00 per month; 3 Typists $ 225.00 per month; 1 Collector $ 140.62 per month; $450.00 per month shall be appropriated to the clerk of the superior court for the purpose of making salary adjustments to the employees listed herein above and for the employment of additional employees if same is deemed necessary in the discretion of said clerk. All of whom shall be named from time to time by the clerk of the superior court and all and each of them shall serve at the will of clerk of such court and be discharged by such clerk, without any claim for any unearned salary or salaries. Section 6. Be it further enacted by the authority

Page 3218

aforesaid, that from and after the approval of this Act, the ordinary's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the ordinary from time to time, at an amount not to exceed the following: Ordinary's deputies and assistants. 1 Clerk of court of ordinary $ 302.50 per month; 1 Deputy clerk-stenographer $ 253.13 per month; 1 Clerk-Stenographer $ 236.25 per month; 2 Typists $ 225.00 per month; All of whom shall be named from time to time by the ordinary of such county and all and each of them shall serve at the will of the ordinary and be discharged by such ordinary, without any claim from any unearned salary or salaries. Section 7. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the tax collector's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the tax collector from time to time at an amount not to exceed the following: Tax collector's deputies and assistants. 1 Chief deputy collector $ 322.50 per month; 1 Bookkeeper and ex officio deputy sheriff, deputy clerk $ 284.62 per month; 3 Clerks and stenographer $ 253.13 per month; $75.00 per month shall be appropriated to the tax collector for the purpose of making salary adjustments to the employees listed herein above if same is deemed necessary in the discretion of said tax collector. All of whom shall be named from time to time by the tax collector of such county and all and each of them shall serve at the will of the tax collector and be discharged by such tax collector without any claims for any unearned salary or salaries Section 8. Be it further enacted by the authority

Page 3219

aforesaid, that from and after the approval of this Act, the tax receiver's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the tax receiver from time to time at an amount not to exceed the following: Tax receiver's deputies and assistants. 1 Chief clerk $ 302.50 per month; 1 Clerk $ 274.00 per month; 1 Clerk $ 267.19 per month; 1 Clerk $ 210.94 per month; All of whom shall be named from time to time by the tax receiver of such county and all and each of them shall serve at the will of the tax receiver and be discharged by such tax receiver, without any claim for any unearned salary or salaries. Section 9. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the salary of each member of the board of commissioners of roads and revenues in all such counties shall be $140.63 per month, payable in equal monthly installments. Commissioners. Section 10. Be it further enacted by the authority aforesaid, the county treasurer in all such counties shall be entitled to no deputy or assistant, unless such deputy or assistant shall come within the meaning of Section 15 hereof, in reference to emergencies. Treasurer. Section 11. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the county attorney in all such counties shall be paid a salary of $420.00 per month, to be paid in twelve equal monthly installments; and such county attorney shall be construed as an employee of said county in reference to any and all laws governing employees in such counties and deductions from his pay for any county pension law now or hereafter enacted shall be deducted from his salary monthly. County attorney. Section 12. Be it further enacted by the authority aforesaid, that in all counties described in Section 1 hereof,

Page 3220

the necessary office expense of the officers herein named, as well as all other county officers and employees, shall, when approved by the county board of commissioners, or other fiscal agent of said county, be paid out of the treasury of such county monthly, and each of said officers and employees is required to furnish to the county commissioners or other fiscal agent an itemized statement of such necessary expenses at the first regular meeting of such board or fiscal agent in each month; provided, the counties aforesaid shall only be liable for the payment of such items of expense as are approved by such board of commissioners, or other fiscal agent; provided, nevertheless, before any such item of expense shall be paid by the county treasurer an itemized statement thereof shall be furnished 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 13. Be it further enacted by the authority aforesaid, that no county official, deputy assistant and no member of the board of county commissioners of roads and revenues nor any chairman thereof shall be paid from the county treasury any extra compensation, except legitimate expense duly authorized by said board. Extra compensation. Section 14. Be it further enacted by the authority aforesaid, that there shall be no obligation upon the clerk, sheriff, tax receiver, tax collector, or the ordinary to keep filled all of said positions in their respective offices, when, in their judgment, any such deputy, clerk or assistant may be advantageously dispensed with; and such officials may from time to time fill or fail to fill any such positions. Discretion as to filling positions. Section 15. Be it further enacted by the authority aforesaid, that in case of emergency arising in any of said offices, that is to say, in the office of the clerk of the superior court, or of the sheriff, or of the ordinary, or tax receiver, or tax collector, or county treasurer, upon

Page 3221

the same being called to the attention of the board of commissioners of roads and revenues of any such county by any of said officers in writing, the said board upon a vote of a majority of such board may authorize such officer so applying to appoint such additional number of deputies, and, or clerks, as such board deems necessary; and such board shall fix their compensation; provided, nevertheless, when in the opinion of a majority of such board such emergency shall have ceased, such board may discharge or require the discharge or dismissal of any or all of such emergency appointees. All such emergency clerks or deputies shall be paid while lawfully serving as such from the county treasury in the same manner as other salaries are paid; provided, nevertheless, the clerk of the superior court, the sheriff, the tax collector, the tax receiver, or the ordinary in any such county, or the fiscal agent of such county, may request any deputy's, clerk's, assistant's or stenographer's superior officer working under one office to be transferred from one office to another at such time or times as said superior officer may deem the service of such deputy, clerk, assistant, or stenographer to be unnecessary in his office from where removed, and during such time that such deputy, clerk, assistant or stenographer may be working elsewhere under such orders, his or her position shall not be filled in the office from where removed, and as soon as such emergency may cease to exist then said superior officer from where removed, may order the return of such deputy, clerk, assistant, or stenographer to his or her original position. Emergencies. Section 16. Be it further enacted by the authority aforesaid, that it shall be proper and lawful for the treasurer of the county or other custodian or depository of county funds, to pay out of the county funds the monthly portion of such salaries and expenses to each officer and county attorney herein named, together with the salaries fixed for the assistants and deputies and expenses of the office, and it shall be the duty of the sheriff, clerk, ordinary, tax collector and tax receiver to disburse the salaries of assistants and deputies and expenses of the office. Payments, how made.

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Section 17. Be it further enacted by the authority aforesaid, that all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law after the approval of this Act, to be received or collected for services rendered after the approval of this Act, by any officer herein named, shall be received and collected by all of said officers and each of them, for the sole use of the county in which they are collected and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the source from which collected, to the board of commissioners of such county. The fees received for the State by the tax collector and tax receiver shall be collected and received by such officers for and on behalf of such counties as are described in Section 1 hereof, and immediately upon collection of the same by said officers, the said funds so collected shall be turned over to the county treasurer, or other depository of county funds. Fees, cash, etc. Section 18. Be it further enacted by the authority aforesaid, that the salaries of the various officials herein fixed shall be their sole compensation, and all fees accruing after the approval of this Act are hereby abolished so far as the same constitutes the compensation of said officers, but the same schedule of fees and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of such counties as are described in Section 1 hereof. Section 19. Be it further enacted by the authority aforesaid, that in the distribution among the officers to whom this Act applies of all costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees which may become due and payable after the approval of this Act, in such counties as are described in Section 1 hereof, the said counties shall be subrogated to the rights and claims of any of the officers named in

Page 3223

this Act, who, but for this Act, would be entitled to compensation out of the county fines, forfeitures and fees, and shall be after the approval of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named, after the approval of this Act, when orders on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portion of said monies as they are entitled to, for the use and benefit of the county. The procedure now in force as to which officer shall collect the costs, and as to the distribution thereof shall remain in force but as herein provided all such sums shall be collected for the use of the county treasury, of such counties as are described in Section 1 hereof, by the officer by whom collected, as herein provided; and all fees collected by the tax receiver and tax collector from the State or from any source whatsoever by virtue of their respective offices, shall be paid into the county treasuries and belong to such county or counties. Subrogation of county to claims. Section 20. Be it further enacted by the Authority aforesaid, that the county police in all such counties as coming within the provisions of this Act are hereby abolished, and all county police work in such counties shall be done by and through the sheriff of said counties and his deputies; and in no such county shall the board of commissioners of roads and revenues establish or maintain any county police in addition to that maintained through the sheriff and his deputies. Police. Section 21. Be it further enacted by the authority aforesaid, that all premiums on bonds or insurance required of the officers, their deputies or assistants, mentioned in this Act, shall be paid by the board of commissioners of roads and revenues or other fiscal agent of said counties. Premiums. Section 22. Be it further enacted by the authority

Page 3224

aforesaid, the board of commissioners of roads and revenues of any such counties, shall have the right, in case of emergency, to authorize pay raises for any of the officers and employees provided for by this Act and shall have the authority to employ additional employees or assistants in any of said offices in such counties and shall have the authority to fix compensation for such additional assistants or employees, provided, nevertheless, said board of commissioners may at any time, require the discharge of any such emergency employee or the reduction in pay of any emergency pay increase granted to any of the employees or officers provided for by this Act. Raises and emergency employees. Section 23. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict, whether general or special Acts, are hereby repealed, and, provided that this Act shall be construed as fixing such salaries from January 1, 1953, and if any part of this Act should be declared unconstitutional or invalid, it shall not affect the remaining portions thereof. Approved March 11, 1953. CITY COURT OF BUFORDSALARIES. No. 471 (House Bill No. 621). An Act to amend an Act of the General Assembly of Georgia as contained in Georgia Laws 1906, page 174, entitled An Act to establish the City Court of Buford, in the City of Buford, in the County of Gwinnett; to define its jurisdiction and powers; to regulate the proceedings therein; to provide for the election and qualification of its officers, and for other purposes, as amended by an Act contained in Georgia Laws 1911, page 230, approved August 9, 1911, as amended by an Act contained in Georgia Laws, 1929, page 379, approved August 9, 1929, as amended by an Act approved February 12, 1952, Georgia Laws 1952, page 2384, so as to change the fees allowed by law to the

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Clerk, Sheriff, and Solicitor of the City Court of Buford, and to provide a method of paying said officers and fixing the amount of their compensation, and to fix the compensation to be allowed the Judge of the City Court of Buford, 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 compensation heretofore provided by Georgia Laws 1906 as amended by the various other Acts referred to in the title of this Act shall be repealed, effective on the first day of January, 1955, so as to provide that from and after that date the compensation of the Judge of the City Court of Buford shall be and is fixed at $1800.00 per annum, to be paid at the rate of $150.00 per month from the treasury of the City of Buford. Judge's salary. Section 2. That from and after the first day of January, 1955, the Clerk and the Sheriff of the City Court of Buford shall charge and be allowed to charge and collect for service rendered by them the same fees allowed by law to the Clerk of the Superior Court of Gwinnett County, Georgia. Fees of clerk and sheriff. Section 3. Be it further enacted that the compensation of the Clerk of the City Court of Buford shall be, on and after January 1, 1955, the sum of $2,000.00 per annum, to be paid monthly from the treasury of the City of Buford, and it shall be the duty of said clerk to charge, collect and receive for service rendered in cases pending in the City Court of Buford and all official duties performed by him or her the same fees that are allowed by law to the Clerk of the Superior Court of Gwinnett County, Georgia, which fees shall, within fifteen days after each term of the City Court of Buford be paid over to the Treasurer of the City of Buford, and it shall be the duty of the clerk of said court to keep an accurate list of all fees collected, indicating the purpose for which they were charged and collected, and to file with the Treasurer of the City of Buford

Page 3226

a report in writing indicating the causes upon which fees were collected, amount collected and the disposition of all cases, including a statement as to how the cases were disposed of, whether by verdict of a jury, plea of guilty, or any other method of disposition that the court may make of any case pending therein. Clerk's compensation. Section 4. That from and after January 1, 1955, the Solicitor of the City Court of Buford shall be paid a salary of $2,400.00 per annum, to be paid from the treasury of the City of Buford, and it shall be his duty to charge, collect and receive for service rendered in the city court the same fees allowed, charged and received by the Solicitor of the Superior Court of Gwinnett County, Georgia for similar service, and it shall be the duty of the solicitor to collect all sums from the fines and forfeitures fund due to the solicitor of said court for service rendered therein, for insolvent costs and for property that may be condemned under any law of the State of Georgia by any proceeding and judgment in the City Court of Buford, and the amount to be allocated to the solicitor of said court in any such proceeding shall be collected by him as now or hereafter may be provided by law and pay the same into the treasury of the City of Buford within fifteen days after the close of each term of said court. Solicitor's compensation. Section 5. Be it further enacted that all laws and parts of laws heretofore enacted in conflict with any of the provisions of this Act be and the same are hereby repealed. Georgia, Gwinnett County: Personally appeared before the undersigned attesting officer, P. M. Christian, who on oath says that he is editor of the News-Herald in Lawrenceville, Ga. and that said paper has a general circulation in Gwinnett County and that it is the paper in which the sheriff's advertisements appear. Affiant further states that said notice of proposed legislation has been advertised within a sixty day period previous to the introduction of said legislation. Said advertisements

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having been published on Jan. 22, 1953, Jan. 29, 1953 and Feb. 5, 1953. /s/ P. M. Christian Sworn to and subscribed to before me, this 18th day of Feb., 1953. /s/ H. Rhode Jordan, NP Gwinnett Co., Ga. A Bill. To be entitled an Act to amend an Act creating the City Court of Buford in Gwinnett County, Georgia, providing for its jurisdiction and functions, approved August 20, 1906 (Georgia Laws 1906, p. 176), as amended, so as to provide that the solicitor and clerk of said court shall be paid salaries as compensation instead of certain fees; to increase the salary of the judge of said court; to repeal conflicting laws; and for other purposes. E.E. Robinson Lionel Drake A. E. Hamner Approved March 11, 1953. LAWRENCEVILLE CHARTER AMENDED. No. 472 (House Bill No. 558). An Act to amend the charter of the City of Lawrenceville, Georgia, to provide that the mayor and council may elect and appoint a recorder to preside over the mayor's court; to define such recorder's powers, duties, term of office and method of fixing his salary; to provide who shall preside over said court upon the absence or disqualification of the recorder; to provide for the giving of cash bonds; to provide for assessing costs against offenders convicted in the mayor's or recorder's court;

Page 3228

to provide for the issuance of subpoenas and the punishing for contempt; to provide for the marking of ballots in city elections; to provide for the closing of the registration books 10 days before city elections; to provide for the making of a list of qualified voters; to repeal Section 2 of the Act of the General Assembly of Georgia, approved March 23, 1933; to provide for the issuance and enforcement of executions for taxes, special assessments, special licenses, light, water and gas bills, and for other sums due the city; to fix the priority and lien of said executions; to authorize the said city to enact a building code and require a building permit; to authorize the city to enact ordinances requiring all builders, electricians, plumbers and pipe-fitters to first obtain a license, after an examination, before doing any work in said city, 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 Mayor and Council of the City of Lawrenceville, Georgia, shall have the right at any time in their discretion, upon the approval of the mayor and at least three (3) councilmen, to create and establish the office of city recorder, elect a city recorder in and for said city and fix the recorder's salary and term of office, which term of office shall be for not more than one year; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said mayor's court, and the said court shall not thereafter be presided over by the mayor, mayor pro tem., or any member of council, excepting in the absence or disqualification of the said recorder. In the event of the absence or disqualification of the recorder, the mayor, mayor pro tem., or any member of the council may preside over said court with full power as the city recorder. The mayor and council shall have the right to elect as city recorder any citizen of said city eligible to hold office as mayor of said city. Said recorder, when elected and qualified, shall have all the powers and authority appertaining to said police or mayor's court, as now exercised by the mayor or mayor pro tem. Said recorder, before assuming said office, shall take and subscribe

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an oath to faithfully and impartially perform the duties of said office. Provided, however, the mayor and council shall have the right to abolish the office of city recorder, and in the event said office is established and thereafter shall be abolished then and in that event the said mayor's court shall be presided over by the said mayor, and in his absence or disqualification, by the mayor pro tem., and in the absence or disqualification of both, by any member of said council. Recorder's court. Section 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Lawrenceville, Georgia, shall provide by ordinance for the giving of appearance or recognizance bonds or bail, which may be either a surety bond, or a cash bond, for persons accused or charged with the violation of the ordinances of said city, and by ordinance shall fix the manner in which said bonds shall be forfeited, executions issued thereon, and other procedure appertaining thereto. The mayor and council shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into the mayor's or police court, such as are incident and lawfully chargeable to the prosecution of said cases. Subpoenas may be issued by the city clerk, bearing teste in the name of the presiding officer of the mayor's court, and shall contain a brief statement of the case, the time set for trial or hearing and the time at which the person subpoenaed shall appear. The presiding officer shall have the power to punish any person disobeying said subpoena for contempt of court. Appearance bonds. Section 3. Be it further enacted by the authority aforesaid, that all persons desiring to run for any elective office in said city, shall file a written statement with the city clerk, stating the office for which said person is offering, at least by 12 o'clock noon, Eastern Standard Time of the fourteenth (14th) day prior to said election, and if said fourteenth (14th) day should fall on Sunday, or other legal holiday, said statement shall be filed by noon of the following day. To determine the fourteenth (14th) day, the day alleged to be the 14th day shall be counted, but the day of the election shall not be counted. Prior to said

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election day the city clerk, under the direction of the mayor, or city manager, if a city manager form of government is adopted by said city, shall have printed or prepared a ballot to be used by the voters in said election, which ballot shall in all respects be a secret ballot without any identifying number or other writing on the part actually denoting the voter's choice. No write-in votes shall be permitted for any office where any duly qualified candidate has properly announced for said office and his name has been printed on the prepared ballot. Any error made by an elector in marking of his ballot, shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. In any election in which two or more officials are to be elected from a group of candidates, then the ballot shall carry instructions as to the number of persons to be voted for, and any ballot which is not properly marked according to said instructions shall be void as to that part erroneously marked. Elections. Section 4. Be it further enacted by the authority aforesaid, that the permanent registration book now required by law to be kept by said city, shall be open for the purpose of registration at all times said city clerk's office is open for official business, except, said registration book shall close at the close of the tenth (10th) day before any election, and any person registering therein after the tenth day before any election shall not be qualified to vote in said election, and if said tenth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the ninth (9th) day before said election. Prior to all elections, and after the close of the said registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said election, shall be furnished as such to the election managers. Registration.

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Section 5. Be it further enacted by the authority aforesaid, that Section 2 of an Act approved March 23, 1933, which section reads as follows: Section 2. Be it further enacted by authority aforesaid, that all candidates for the office of any and all city officials elected by the people of Lawrenceville, including the mayor and council and board of education, shall announce and give notice, in some local paper having general circulation through said City of Lawrenceville, at least fifteen (15) days before the date of the election. be, and the same is hereby repealed. Sec. 2, Act of 1933, repealed. Section 6. Be it further enacted by the authority aforesaid, that the mayor and council of said city may prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for taxes, assessments, special licenses, business licenses, and for the use of water, electrical current, gas, or other public utility of the city, and for fines and forfeitures. The executions shall be issued by the city clerk, bearing teste in the name of the mayor, directed to all and singular, the chief of police, policemen, and marshal of said city, and to the sheriffs and constables of said State. The city clerk shall keep an execution docket in which he shall record all executions issued, showing the name of the defendant in fi. fa., the date, the amounts, and the date of satisfaction, if satisfied. Said executions, when issued for ad valorem taxes, or for street and sidewalk improvements, shall have the same lien and priority as tax executions and street improvements executions generally have under the laws of this State, and all other executions issued by said city shall have the same lien and priority as executions issued by the superior courts of this State. Provided, that except as to tax executions and executions issued for street and sidewalk improvements, the rights and priorities of third persons shall not be affected unless said executions are recorded on the general execution docket of the superior court of the county in which the property sought to be subjected to such execution is located, and as to such third parties the lien and priority of said executions shall date only from the time said executions are so recorded on said general execution docket. In any case

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where the defendant in execution has no property within the City of Lawrenceville, then and in that event any execution issued by authority of the city for the enforcement of the payment of any sum for taxes, special assessments, business licenses, fines, forfeitures, or for the use of water, electrical current, gas, or other public utility of the city may be levied and enforced in any county in the State in which property of the defendant may be found and for such purposes it shall be the duty of any levying officer into whose hands said execution may be placed to promptly enforce the same in the same manner as other executions are enforced with reference to levy, advertisement, and sale. Provided, however, that to any execution issued by said city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from the defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Gwinnett County and there tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Executions. Section 7. Be it further enacted by the authority aforesaid, that the mayor and council of said city may adopt a building code, fixing the minimum specifications for all buildings, wiring and plumbing in said city. They may enact ordinances requiring any person erecting any building or structure of any nature, or doing any repair or remodeling any building or structure in said city to first obtain a permit from said city for such building, structure or repairs, and shall be authorized to fix the requirements and conditions such as the filing of plans and specifications and bonds, necessary to be performed by the applicant before such permit is issued; to fix or charge for said permit, and may refuse to issue such permit when in the opinion of said mayor and council, such building, structure, or repairs, because of the materials to be used, the manner in which it is to be constructed,

Page 3233

or the use to which said building or structure is to be put, would create a nuisance, a fire hazard, or other hazard in said city, and such ordinances may provide a penalty for anyone violating the same. Such ordinances and building code may provide how any building, structure or repairs erected in said city without the owner or builder having first obtained a permit for same, or having failed to comply with said ordinance or building code, or having failed to follow the plans and specifications filed with said city, shall be removed by the owner, or city at the owner's expense and enforce the collection of such expense by execution against the owner of the property on which such building or structure is erected, which execution shall be issued and enforced in the same manner as other executions issued by said city may be enforced. Building code. Section 8. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance, rules, and regulations provide for the examination and licensing of all builders, electricians, plumbers and pipefitters before such builders, electricians, plumbers and pipe-fitters shall do any building, electrical work, or plumbing in said city. Licenses. Section 9. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Section 10. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. State of Georgia, County of Gwinnett.

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Before me, the undersigned officer duly authorized to administer oaths, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says, and certifies that he is the publisher and managing editor of the News-Herald, a newspaper published in said county and in which the advertisement of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald on the following dates: January 22, 1953; January 29, 1953; and February 5, 1953. /s/ Marvin A. Allison. Sworn to and subscribed before me, this the 7th day of February, 1953. /s/ R. F. Duncan Notary Public for Gwinnett County, Ga. (Notarial Seal Affixed). Notice of Proposed Local Legislation. Notice is hereby given that at the January 1953 session of the General Assembly of Georgia, there will be introduced a bill to amend the charter of the City of Lawrenceville; to provide that the mayor and council may elect and appoint a recorder to preside over the mayor's court; to define such recorder's powers, duties, term of office and method of fixing his salary; to provide who shall preside over said court upon the absence or disqualification of the recorder; to provide for the giving of cash bonds; to provide how candidates for city offices shall qualify; to provide for the marking of ballots in city elections; to provide for the closing of the registration books 10 days before city election; to provide for the making of a list of qualified voters; to repeal Section 2 of the Act of the General Assembly of Georgia, approved March 23, 1933; to provide for the issuance and enforcement of execution of taxes, special assessments, special licenses, light, water and gas bills, and for other sums due the city; to fix the priority and lien of said executions; to authorize the said city to enact a building code, and require a building permit or license; to authorize the city to enact ordinances

Page 3235

requiring all builders, electricians, plumbers and pipefitters to first obtain a license, after an examination, before doing any work in said city, and for other purposes. This the 20th day of January, 1953. J. F. Brannan, Mayor. 13-3t-c Approved March 11, 1953. JESUPTAX APPRAISALS. No. 445 (House Bill No. 515). An Act to provide for employment of tax experts for the City of Jesup; to provide the procedure therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Mayor and Council of the City of Jesup are hereby authorized and empowered to employ and contract with persons skilled in matters pertaining to municipal taxation for the purpose of assisting the board of tax appraisers and assessors for said city in assessing and appraising property in said city. Such persons are hereby specifically authorized to make recommendations regarding all matters of taxation relating to the City of Jesup and may perform such duties as the mayor and council shall designate. The mayor and council are hereby expressly given the authority to compensate such persons from the general funds of said city. Tax experts. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation.

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Notice is hereby given that it is my intention to introduce at the 1953 session of the General Assembly of Georgia a local bill which shall give to the Mayor and Council of the City of Jesup the power to employ tax experts to revise the present tax system of Jesup and to make recommendations about the tax system, and to perform other duties; and for other purposes. This 15th day of December, 1952. Robert L. Harrison, Representative, Wayne County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Harrison, who, on oath, deposes and says that he is Representative from Wayne County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jesup Sentinel, which is the official organ of Wayne County, on the following dates: Dec. 25, 1952, Jan. 1, 1953 and Jan. 8, 1953. /s/ Robert L. Harrison Representative, Wayne County Sworn to and subscribed before me, this 9 day of Feb., 1953. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956 Notarial Seal Affixed. To Whom It May Concern: This is to certify that the undersigned on oath says that he is the owner and publisher of the Jesup Sentinel, and that the attached article appeared three times in the Jesup Sentinel, as follows December 25, 1952, January 1, 1953 and January 8, 1953.

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/s/ W. B. Rhoden W. B. Rhoden, Owner /s/ Robert L. Harrison Witness Approved March 4, 1953. WILKINSON COMMISSIONERS' COMPENSATION. No. 455 (House Bill No. 597). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County, Georgia; to provide for naming and the election of commissioners to constitute said board; to prescribe their powers and duties; to prescribe their term of office; to fix their salary; to provide for employees, and to fix the salary of employees; to provide for their removal from office; to provide for filling vacancies; to provide for five districts from which they shall be elected; and for other purposes approved February 28, 1933 (Ga. Laws 1933, p. 777), as amended, and especially as amended by an Act approved March 2, 1943 (Ga. Laws 1943, p. 1132), so as to change the salaries of the Commissioners of Roads and Revenues of Wilkinson County; to repeal all laws in conflict; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. A bill entitled An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County, Georgia; to provide for naming and the election of commissioners to constitute said boards; to prescribe their powers and duties; to prescribe their terms of office; to fix their salary; to provide for employees, and to fix the salary of employees; to provide for their removal from office; to provide for filling vacancies; to provide

Page 3238

for five districts from which they shall be elected; and for other purposes approved February 28, 1933 (Ga. Laws 1933, p. 777), as amended, and especially as amended by an Act approved March 2, 1943 (Ga. Laws 1943, p. 1132) is hereby amended by striking from Section 7 of said Act the sentence: That said commissioners shall be paid fifteen ($15.00) dollars per month, and this shall be in full for all services rendered., and inserting in lieu of this sentence the following sentence: The members of the Board of Commissioners of Wilkinson County shall receive forty ($40.00) dollars per month as compensation for their services., so that said section, as amended, shall read as follows: Section 7. That said commissioners shall hold monthly meetings at the courthouse in said county on the first Tuesday in each month; that a majority of such commissioners shall be necessary to constitute a quorum of said board, and the concurrence of such majority shall be necessary to pass any order or decree. The members of the Board of Commissioners of Wilkinson County shall receive forty ($40.00) dollars per month as compensation for their services. That said commissioners are hereby given the right, when they deem necessary, to employ a clerk of said board, also an attorney for said county. The salary of said clerk and attorney shall be fixed by said board of commissioners. Said clerk and attorney shall hold office at the will of the commissioners. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Advertisment. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is our intention to introduce at the 1953 session of the General Assembly of Georgia a local bill amending an Act creating a Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. Laws 1933, p. 777) as amended

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so as to increase the compensation of the Commissioners of Roads and Revenues of Wilkinson County; and for other purposes. This 27 day of January, 1953. Edward DuPree Senator, 21st District A. T. Land Representative, Wilkinson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Land, who, on oath, deposes and says that he is Representative from Wilkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of Wilkinson County, on the following dates: January 30, 1953, February 6, 1953, and February 13, 1953. /s/ A. T. Land Representative, Wilkinson County Sworn to and subscribed before me, this 16 day of February, 1953. /s/ Floy C. Stephenson Notary Public Approved March 4, 1953. BIG CREEKHARTS CREEK PARK AUTHORITY. No. 473 (House Bill No. 498). An Act to create the Big Creek-Harts Creek Park Authority; to provide for its jurisdiction, powers, and duties;

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to provide for its membership, and qualifications, elections and terms of office; to authorize the issuing and paving of revenue certificates by the Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. There is hereby created a body corporate and politic, to be known as the Big Creek-Harts Creek Park Authority, which shall be deemed to be a political subdivision 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, complain and defend in all courts of law and equity. The Authority shall consist of five members who shall be elected in the same manner as members of the General Assembly, at a special election to be called by the ordinary within forty days after the passage of this Act. The two persons receiving the highest number of votes at the election shall serve for a term of six years, the two persons receiving the next highest number of votes shall serve for a term of four years, and the person receiving the next highest number of votes shall serve for a term of two years. After the first election, the membership shall serve for a term of six years, their election to be held at the same time as the election of the members of the General Assembly. Any citizen of McDuffie County who meets the qualifications required for members of the General Assembly may be a candidate for election to this Authority. The electorate shall consist of all voters qualified to vote for members of the General Assembly. The membership of the Authority shall serve without compensation, except that they shall be reimbursed for the actual expenses necessarily incurred for the performance of their duties. The Authority shall make rules and regulations for its own government, and shall have perpetual existence. Incorporation. Members. Section 2. For the purposes of this Act, the following words and terms shall mean:

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(a) The word project or projects shall be deemed to mean and include the acquisition, construction and development of park facilities and recreational facilities in conjunction therewith or incidental to their use or enjoyment within the boundaries of McDuffie County, Georgia, for use by the citizens of the United States, the State of Georgia, and of McDuffie County and its environs, and the operation, maintenance, additions to, improvements and extensions of such facilities so as to assure the adequate operation and maintenance of such parks and recreational facilities deemed by the Authority necessary or convenient for the efficient operation and use of such types of undertakings. Project. (b) The term cost of the projects shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the projects, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any projects, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the projects and may be paid or reimbursed as such out of the proceeds of revenue certificates issued under the provisions of this Act for such projects. Cost of the projects. (c) The term certificates, revenue certificates, revenue-anticipation certificates as used in this Act shall mean revenue certificates as defined and provided for in the Revenue Certificate Law of Georgia, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended. Certificates. (d) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings

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to be derived by the Authority therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue certificates which may be issued for the cost of such project or projects. Self liquidating. Section 3. The purpose of this Act is to create an Authority that will develop the three hundred ninety-seven acres, more or less, contained between Big Creek and Harts Creek in McDuffie County, Georgia, into a recreational facility for the people of the United States, of the State of Georgia, and especially of McDuffie County, this land being leased from the United States Government by McDuffie County. Purpose. Section 4. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease, sublease or otherwise, and to hold, lease, sublease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, lease, sublease or otherwise, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of

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the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority; Powers. (d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys and fix their respective compensations; (e) To make contracts, leases, subleases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and subleases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases, subleases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted unto the Authority to enter into contracts, lease agreements, or sublease agreements with the Director of the Division of State Parks, Historical Sites and Monuments of the Department of Natural Resources of the State of Georgia, or other cognizant agencies or departments thereof, relative to parks and recreational facilities and relative to any property which such department or other agency or department of the State Government has now, or may hereafter obtain by lease from the United States Government

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or any agency or department thereof, together with the shore and land areas adjoining same, as above hereindescribed; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue certificates of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or from the State of Georgia, or any agency, department or instrumentality thereof; (g) To accept loans or grants 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; (h) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency, department or instrumentality thereof upon such terms and conditions as the State of Georgia or any such agency, department or instrumentality thereof may impose; (i) To borrow money for any of its corporate purposes and to issue negotiable revenue certificates payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To confirm and validate the revenue certificates of the Authority in accordance with the Revenue Certificate Law of Georgia, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended; (k) To exercise any power usually possessed by private corporations performing similar functions, which is not in

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conflict with the Constitution and laws of this State; and (l) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. The Authority or any authority or body which has, or may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have the power and is hereby authorized at one time, or from time to time, to provide by resolution for the isuance of negotiable revenue certificates for the purpose of paying all or any part of the cost, as herein defined, of any one or more projects, as herein defined. Such revenue certificates shall be issued pursuant to and in conformity with the Revenue Certificate Law of Georgia, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in such aforesaid Revenue Certificate Law of Georgia. Revenue certificates. Section 6. All revenue certificates issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such certificates and the income thereof shall be exempt from all taxation within the State. Negotiable. Section 7. Revenue certificates authorized and issued pursuant to Section 5 above shall be confirmed and validated in accordance with the procedure set forth in Georgia Laws 1937, p. 761, approved March 31, 1937. The revenue certificates when so validated and the judgment of validation shall be final and conclusive with respect to such revenue certificates against the authority issuing the same. Validations. Section 8. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of McDuffie County, Georgia, and any action pertaining to validation of any revenue certificates issued

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under the provisions of this Act and the Revenue Certificate Law of Georgia shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Venue of actions. Section 9. In case any officer whose signature shall appear on any revenue certificates or whose facsimile signature shall appear on any coupon shall cease to be be such officer before the delivery of such revenue certificates, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such revenue certificates shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any revenue certificate may be signed, sealed and attested on behalf of the authority by such persons as at the actual time of the execution of such revenue certificates shall be duly authorized or hold the proper office although at the date of such revenue certificates such persons may not have been so authorized or shall not have held such office. Signatures. Section 10. Revenue certificates issued under the provisions of this Act shall not be deemed to constitute a debt of McDuffie County, or any municipality located therein, or a pledge of the faith and credit of same. Such revenue certificates shall be payable solely from funds of the Authority, and the issuance of such revenue certificates shall not directly, indirectly, or contingently obligate either the county or any municipality located therein to pledge any form of taxation whatever therefor, or to make any appropriation for the payment of same, and all such revenue certificates shall contain recitals on their face covering substantially the foregoing provision of this section. Not debt of county. Section 11. The Authority is hereby authorized to prescribe, fix and collect rents, rates, fees, tolls and

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charges for services, facilities or commodities furnished, including lease or concessions and lease or sublease of land for cabin sites, or other purposes. Further, such Authority in anticipation of the collection of such rents and revenues of any undertaking or project may pledge such rents and revenues to secure the repayment of revenue certificates and the interest thereon that are issued pursuant to the authority granted in this Act and pursuant to and in conformity with the Revenue Certificate Law of Georgia, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended. Revenue from projects. Section 12. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed, operated and maintained under the provisions of this Act. Rules and regulations. Section 13. This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and of McDuffie County and its environs, shall be liberally construed to effectuate its beneficent purposes. Section 14. This Act does not in any way take from McDuffie County or any municipality located therein the authority to own, develop, operate and maintain public parks and recreational facilities, or to issue revenue certificates as is provided by the Revenue Certificate Law of Georgia, approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intend to introduce and seek the passage of a local bill at the session of the General Assembly of Georgia, convening in January of 1953 providing as follows: For the creation of a board, commission, or authority to be known as the Big Creek-Hart's Creek Park Authority; to provide for the membership of such Authority, their

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appointments, terms of office, compensation, powers and duties; to define the powers and duties of such Authority; to grant and give unto such Authority the right of eminent domain; to authorize such Authority to obtain by purchase, lease, sublease or otherwise, parks and recreational facilities in McDuffie County, Georgia; to authorize such Authority to operate such parks and recreational facilities and to lease or rent portions of same and to grant and lease concessions in such areas; to empower such Authority to enter into leases, subleases, agreements, and contracts with the Government of the United States or any agency or department thereof or of the State, or any department, agency or political subdivision thereof pertaining to park or recreation facilities and areas adaptable to same owned or under the control of any of the aforesaid especially what is known as the Big Creek-Hart's Creek Park Area of approximately three hundred and ninety-seven (397) acres therein, which is formed by the subimpoundment dam of the Clark Hill project of the Federal Government together with shore and land areas adjoining same and in such vicinity; to impower such Authority to issue revenue anticipation certificates as authorized under Chapter 87-8 of the Code of Georgia Annotated (Revenue Certificate Law of 1937, as amended) for the purpose therein set forth; and for other purposes. H. Eulond Clary, Representative, McDuffie County, Georgia. 9-10-11 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Eulond Clary, who, on oath, deposes and says that he is Representative from McDuffie County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The McDuffie Progress, which is the official organ of McDuffie County, on the following dates: January 22, 1953; January 29, 1953; and February 5, 1953.

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/s/ H. Eulond Clary Representative, McDuffie County. Sworn to and subscribed before me, this 9th day of Feb., 1953. /s/ Pearl B. Atkinson Notary Public (Seal). Approved March 11, 1953. DEKALB COMMISSIONERS. No. 474 (House Bill No. 400). An Act to create a Board of Commissioners of DeKalb County, Georgia to consist of a chairman to be elected by the voters of said county who will be the chief executive officer of said county, and four members who shall be appointed by the grand jury of said county, who, together with the chairman, will serve as a committee of finance and control; to name the chairman and the members who will constitute the first board; to fix the compensation of both the chairman and the members: to define the powers, the authority and the duties of both the chairman and of the members of said board; to provide for commissioner districts and that no two members shall reside within the same commissioner district; to provide a method of filling vacancies; to provide a method of recall; to provide a method of fixing a budget for the operation of the fiscal affairs of said county and for budgetary control thereof; to provide for the appointment of a county comptroller; to authorize the appointment of a purchasing agent; to provide when this Act shall become effective; to provide for a referendum hereon; to amend an Act approved August 13, 1906 (Ga. Laws 1906, p. 405) so as to abolish the office of Commissioner of Roads and Revenues of DeKalb County and to repeal all laws in

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conflict with this Act, provided the same is ratified and approved by a majority of the voters of DeKalb County voting in said referendum, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows: Section 1. A Board of Commissioners of DaKalb County, consisting of a chairman to be elected as hereinafter provided and who shall have such powers and authority as are hereinafter set forth, and four members to be appointed as hereinafter provided, which board shall serve as a committee of finance and control with powers and authority as are hereinafter set forth, is hereby created. Board. Section 2. The chairman of the board of commissioners, hereinafter referred to as the chairman, shall be Scott Candler who shall serve until December 31, 1956, and his successor, who shall take office on January 1, 1957, shall be elected for a term of four years at the general election immediately preceding January 1, 1957, and thereafter, subsequent elections of the chairman shall occur at the same time and under the same laws applicable to other county officers. Chairman. Section 3. The other members of the board with the dates upon which the terms of said office shall expire are as follows: 1. Dan W. Shadburn, whose term expires December 31, 1954. 2. J. D. Chestnut, whose term expires December 31, 1955. Members. 3. Ed West, whose term expires December 31, 1956. 4. Harold Jackson, whose term expires December 31, 1957. The grand jury in office during the month of September

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of each year shall appoint for a term of four years the successor to the member whose term expires the following December 31st. Section 4. The chairman and all members of the board shall be citizens of DeKalb County and have the same qualifications as are required for members of the House of Representatives. Qualifications. The county shall be divided into four commissioner districts, which shall be composed of militia districts in said county as the same are now constituted as follows: Commissioner District No. 1, which shall consist of Militia District No. 531. Commissioner District No. 2, which shall consist of Militia Districts Nos. 524, 686, 1416, 572, 1327 and 637. Commissioner District No. 3, which shall consist of Militia Districts Nos. 1342, 536, 1448, 487, 683, 1398, 563 and 1045. Districts. Commissioner District No. 4, which shall consist of Militia Districts Nos. 1379, 1586, 1666. No two members of the board, excluding the chairman, may reside in the same commissioner district. Section 5. If a vacancy occurs in the office of the chairman, said vacancy shall be filled in the same manner as is now provided by law for filling vacancies in the office of Commissioner of Roads and Revenues of DeKalb County. Should a vacancy occur among the members of the board, a qualified person to fill the unexpired term shall be appointed by the grand jury then in session, provided there remains at least thirty days in the term of said grand jury which is unexpired. If, the term of the grand jury in session at the time of such vacancy expires within thirty days from the occurrence of such vacancy, then said

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vacancy shall be filled by the grand jury next convening thereafter. Vacancies. Section 6. The salary of the chairman, which shall be a full time position, shall be the salary which is provided by law for the Commissioner of Roads and Revenues of DeKalb County and shall be paid in the same manner and from the same funds. Board members shall be paid twenty and no/100 ($20.00) dollars per diem for each day served not in excess of five during any calendar month. Compensation. Section 7. The entire board shall meet in open session on the second Wednesday in each month at 10 o'clock A.M., in a board room to be provided in a public building of the county, and at such other times and places in either open or executive sessions as the board may determine. Accurate minutes of all meetings and official actions of the board shall be kept and transcribed in permanent records. The chairman shall be a full voting member of the board. Any three members shall constitute a quorum, and the decision of a majority of those present at any meeting shall be controlling. The votes of all members on all official actions shall be recorded in the minutes. Meetings. Section 8. The chairman or any member of the board shall be subject to a recall election at any time after twelve months of his term has expired. The petition for the recall election must be signed by thirty (30%) percent of the qualified voters of the county as shown by a list of registered voters kept by the registrars of said county; and shall plainly and distinctly specify the charge or charges preferred against the officer sought to be recalled; and shall be filed in the office of the ordinary of said county. The ordinary shall check said petition against the records of the office of the registrars and shall within sixty days after the filing of said petition certify that the requirements hereof have or have not been complied with and shall cause the same to be entered on the minutes of his office. If the requirements have been complied with the ordinary shall call a special election to be held within ninety days after the filing of the petition, fixing the

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date and causing a notice thereof to be published at least twice before such election in the public gazette of said county. Ballots shall be prepared which shall show the name of the officer, the position which he holds and the dates of the beginning and termination of his official term. Below the name of the officer shall be the following phrases: For the recall of the above named officer and Against the recall of the above named officer, so arranged that a space is provided where the voter may check to indicate the way in which he wishes to vote. The ordinary shall publish the results of the election and if two-thirds of those voting in the election have favored a recall, the office in question shall be vacant from the date of such publication. The officer recalled shall not be eligible to election or appointment to the unexpired term. If two-thirds of those voting fail to vote in favor of recall, the official shall retain his office and no other recall petition may be filed within twelve months after the date of such recall election. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. Laws which govern the holding of special elections shall, so far as applicable, govern all recall elections held hereunder. If in the opinion of the ordinary, it is practicable to hold the recall election by the use of voting machines in accordance with the provisions of an Act approved March 28, 1947, (Ga. Laws 1947, p. 1203), the ordinary is authorized to hold said election by means of voting machines. Recall. Section 9. At the first meeting in each calendar year, the chairman shall divide the departments and activities of the county into four divisions of approximately equal importance and designate one member of the board as a supervisor of each such division whose duty it shall be to keep himself acquainted particularly with operations and activities of departments in his divisions. Divisions. Section 10. At least 15 days before the beginning of each calendar year, the chairman shall prepare a detailed budget for the operations of all departments of the county government for the ensuing year, and submit the same to the entire board. Within 15 days after the beginning

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of each calendar year the board shall adopt a budget in which the proposals of the chairman may be stricken, reduced or increased as the board may determine, but which shall not be greater than the total cash receipts to the county for the preceding year. The budget so adopted shall be published at least once in the month of January of each year in the public gazette of said county, and a copy shall be furnished to the grand jury then in session or next convening. Budget. At each monthly meeting a statement of all receipts and expenditures for the previous month prepared so that the comparisons with the budget items can be made shall be submitted to the board. Financial statements. No amendment or modifications of the budget shall be made except at a regular open meeting of the board, and a detailed account of such amendments and modifications shall be published one time within 15 days in the public gazette of the county. No increase in the budget originally adopted shall be made except upon the certificate of the comptroller that the tax revenue of the county will be increased by an increase in the digest or that other unanticipated revenues will be available to meet the increases allowed. Amendments in budget. No expenditures or county warrant shall be legal or valid unless the same is within the budget herein provided for. However, if cessation of some essential governmental function is threatened by lack of available budget funds, provision for same may be made if approved, in advance, by the grand jury then in session. The details of any change in the budget accomplished hereunder shall likewise be published at least one time within 15 days after the adoption of such change in the public gazette of said county. Section 11. At least 30 days before the beginning of each calendar year, the board of commissioners shall elect a county comptroller to serve for the following calendar year and shall by resolution prescribe the duties, which shall include the duty of auditing all books,

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accounts and records of all officials handling public funds of the county and to prepare for submission to the board a monthly statement of all receipts and expenditures as related to the annual budget. The salary of the county comptroller and any assistants which may be authorized by the board shall be fixed by the board. Such comptroller may be removed from office during his term only by the unanimous action of the board of commissioners. Said comptroller shall give a bond payable to the ordinary or his successor in office and filed in the office of the ordinary and entered on his minutes, which bond shall be in the sum of twenty-five thousand and no/100 ($25,000.00) dollars and for any violation of the conditions thereof, said bond may be sued upon in the name of the county by the ordinary, either of his own motion or by direction of any grand jury of said county or by direction of the board of commissioners. There shall be a complete audit made of the financial affairs of the county as of December 31 each year by a qualified public accountant other than the comptroller and published in full in the official gazette as soon thereafter as practical. Comptroller. Audits. Section 12. At least 30 days before the beginning of each calendar year, the board of commissioners shall elect a purchasing agent to serve for the following calendar year and shall by resolution prescribe his duties, which shall include the requirement that all purchases by the county in excess of $1,000.00 shall be made only after public advertisement for and receipt of, at least, two bids. The salary of the purchasing agent and any assistance which may be authorized by the board shall be fixed by the board. The purchasing agent may be removed from office during his term only by the unanimous action of the board of commissioners. Purchasing agent. Section 13. The board of commissioners is authorized to require of all officers and employees of the county, who handle public monies and for which bonds are not already required by law, a surety bond in an amount to be fixed by the board, which bond shall be payable to the ordinary or his successor in office and filed in the

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office of the ordinary and entered on his minutes, which bond shall be conditioned on the faithful performance of the duties of the office and for any violation of the conditions thereof, said bonds may be sued upon in the name of the county by the ordinary, either of his own motion or by direction of the grand jury of said county or by direction of the board of commissioners. Bonds. Section 14. Except as limited and restricted by the terms of this Act, the chairman is hereby vested with exclusive jurisdiction over the following matters, to wit: (a) In directing, controlling and caring for all the property of the county. (b) In levying taxes. (c) In fixing all rates, tolls, fees, and charges of all kinds, fixed or levied in connection with the water, sewer, and road systems of the county. Chairman's duties and powers. (d) In establishing, altering or abolishing public roads, private ways, bridges and ferries. (e) In establishing, abolishing or changing election precincts and militia districts. (f) In settling all claims against the county. (g) In controlling, caring for and managing the convicts of said county. (h) In designating the county depository. (i) In appointing the county attorney, county physician, the superintendent of the water, sewer, and road departments, and all other officials, clerks, and employees necessary for the efficient administration of county affairs whose appointment or election is not otherwise provided for and shall fix the compensation. The chairman may also terminate the employment of any of the said personnel at his pleasure, subject to the provision of

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law establishing a civil service system for DeKalb County. Officials and employees. (j) In making provision for and adopting any necessary rules and regulation for the support of the poor and for the preservation and promotion of the public health of the county not inconsistent with the authority heretofore or hereafter granted by law to the Board of Public Welfare and the Board of Health of said county. (k) In issuing permits and licenses of all kinds which are required by law and in making rules and regulations governing the issuance of same where authorized by law. Said chairman is generally invested with all powers and authority heretofore vested by the Constitution and laws of Georgia in the ordinary when sitting for county purposes, and which have heretofore been exercised by, and delegated by law to the Commissioner of Roads and Revenues of DeKalb County and such other powers as are indispensable to a complete and proper jurisdiction over the county functions and finances. Said chairman shall also exercise any powers and authority which may hereafter be delegated by general law to the governing authority. Section 15. The chairman shall fix the salaries of all elective county officers and their deputies, clerks, and assistants subject to the approval of the grand jury as required by an Act approved August 13, 1924 (Ga. Laws 1924, p. 90) as subsequently amended. However, in event of the failure of the grand jury to approve the salaries submitted by the chairman, then the entire board shall meet with a committee of like numbers from the grand jury and a majority of the entire group shall determine any salaries in dispute. If no majority of the board and grand jury committee can be obtained, the salaries as fixed by the chairman shall be final. Salaries. Section 16. Before entering upon the discharge of

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their duties, the chairman and the board members shall take and sign an oath before the ordinary of said county for the true and faithful performance of their duties under this Act and under any other laws now or hereafter applicable, which oaths shall be recorded on the ordinary's minutes and the chairman shall further give a satisfactory surety bond to be judged by the ordinary of the county and payable to the ordinary or his successor in office and filed in the office of the ordinary and entered on his minutes, which bond shall be in the sum of $25,000.00, conditioned for the faithful performance of the duties of the office and for any violation of the conditions thereof said bond may be sued upon in the name of the county by the ordinary, either of his own motion or by direction of any grand jury of said county, and the chairman and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office or any tort or wrong committed under color of his office as well as neglect or nonfeasance. Oath and bond of board members. Section 17. It shall be unlawful for any candidate, either for any office created by this Act or for any nomination thereof, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of said chairman or said board, and any person so offending shall be disqualified for said office and shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by law. Prohibited agreements. Section 18. The office of Commissioner of Roads and Revenues of DeKalb County, Georgia, created by an Act approved August 21, 1906 (Ga. Laws 1906, p. 405), is hereby abolished and all of the powers, authority and duties therein conferred upon said Commissioner of Roads and Revenues of DeKalb county, shall after the effective date of this Act, be vested in the chairman of the board of commissioners, provided for herein subject to the limitations and conditions provided for herein. Act of 1906. Section 19. Before this Act shall become effective

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the same shall be ratified and approved by the qualified voters of DeKalb County at a special election to be held for that purpose on the second Wednesday in May, 1953. At said election the qualification of voters shall be the same as now fixed by law for the qualification of voters at special elections called to fill a vacancy occurring in a county office and shall be held under all laws of this State applicable to special elections. Special ballots shall be submitted to the voters at said election which shall have printed thereon the words: For a board of commissioners for DeKalb County, consisting of a chairman, who shall be the chief executive officer of the county, and four members, who, together with chairman, shall constitute a committee of finance and control and also the words: Against a board of commissioners for DeKalb County, consisting of a chairman, who shall be the chief executive officer of the county, and four members who, together with the chairman shall constitute a committee of finance and control. The ballot shall be prepared so that the voter may enter a check or cross mark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his or her choice. If a majority of those voting at said election shall vote For a board of commissioners of DeKalb County, consisting of a chairman, who shall be the chief executive officer of the county, and four members who, together with the chairman shall constitute a committee of finance and control, this Act shall be deemed ratified and approved and the ordinary shall announce the results as required in cases of special elections. Referendum. If, in the opinion of the Ordinary of DeKalb County, it is practicable to hold the election herein provided for by use of voting machines in accordance with the provision of an Act approved March 28, 1947 (Ga. Laws 1947, p. 1203), the ordinary is authorized to hold said election by means of voting machines. Section 20. All special and local laws and all general statutes which affect the operation of county functions and fiscal affairs of DeKalb County not inconsistent with the provisions of this Act shall remain in full force and

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effect, but all laws directly in conflict herewith are hereby repealed. Section 21. 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. February 12, 1953. Copy of Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to apply to the 1953 session of the General Assembly of Georgia for the passage of local legislation, the title of such bill to be as follows: An Act To create a Board of Commissioners for DeKalb County, Georgia to consist of a chairman to be elected by the voters of said county, who will be the chief executive officer of said county, and four members who shall be appointed by the grand jury of said county, who, together with the chairman, will serve as a committee of finance and control; to name the chairman and the members who will constitute the first board; to fix the compensation of both the chairman and the members; to define the powers, the authority and the duties of both the chairman and of the members of said board; to provide for commissioner districts and that no two members shall reside within the same commissioner district; to provide a method of filling vacancies; to provide a method of fixing a budget for the operation of the fiscal affairs of said county and for budgetary control thereof; to provide for the appointment of a county comptroller; to authorize

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the appointment of a purchasing agent; to provide when this Act shall become effective; to provide for a referendum hereon; to amend an Act approved Aug. 13, 1906, (Ga. Laws 1906, p. 405 et seq.) so as to abolish the office of Commissioner of Roads and Revenues of DeKalb County and to repeal all laws in conflict with this Act, provided the same is ratified and approved by a majority of the voters of DeKalb County voting in said referendum, and for other purposes. This the 15th day of January, 1953. W. H. McWhorter, Guy W. Rutland, Jr., Mell Turner. 1-15-3t. 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 January 15, 22, 29, 1953. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing- Editor. Sworn to and subscribed before me, this 12th day of February, 1953. /s/ Evelyn Howard, (Seal). Notary Public, DeKalb County, Ga. My commission expires Jan. 23, 1957. Approved March 11, 1953.

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RICHMOND BOARD OF HEALTH PENSION SYSTEM AMENDED. No. 475 (House Bill No. 610). An Act to amend an Act approved March 6, 1945, (Ga. Laws, 1945, pp. 963-977), said Act entitled, An Act to amend the Act approved August 22, 1931 (Ga. Laws 1931, pp. 660-673), said Act being entitled; `An Act to repeal an Act entitled, An Act to authorize the City Council of Augusta to create a board of health for said city, approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, and said combined body to be known as the Richmond County Department of Health, and for other purposes', so as to provide a retirement system and pension fund for the employees of the Board of Health and/or the Department of Health of Richmond County; to require that three (3%) per centum of the salary, wage or remuneration of each employee of said board of health be deducted from his pay and paid into said fund as part thereof; to require said Board of Health/ and/or Department of Health Richmond County to pay into said fund as part thereof a sum equal to the amount deducted from its employees' salaries, wages or remuneration; to provide authority for said Board of Health and/or Department of Health of Richmond County to increase or reduce from time to time such withholdings from such employees' salaries, wages or remuneration and to increase or reduce from time to time the sum to be paid by said Board of Health and/or Department of Health of Richmond County in matching said withholdings from such employees' salaries, wages or remuneration; to provide and require that the sums of money to be paid into said pension fund by said Board of Health and/or Department of Health of Richmond County to be entered into and made a part of the annual budget of the Board of Health of Richmond County and said

Page 3263

sums to be paid over to said board of health by the City Council of Augusta and Richmond County on the percentage basis as other appropriations now made by said city and county; to provide for the method of retirement and pension of said employees of said Board of Health and/or Department of Health of Richmond County; to provide for said retired employees to be paid from the employees pension fund of said board of health; to provide for total and permanent disability and temporary disability pensions; to provide for punishment under the criminal laws of Georgia for persons who violate the terms of this Act; to repeal all laws in conflict herewith, and for other purposes, so as to provide for time spent on active duty in the armed forces of the United States to be counted toward total time of employee's service; to provide for the maximum amount of the pension fund to be deposited in any one bank; to prohibit reduction by the board of its contributions below the percentage of contributions from employees; to eliminate the maximum of $125.00 per month as the highest allowable pension and the consideration of salary in excess of $3,000.00 per annum in the computation of pension contribution by the employee; to provide that salary increases in effect for less than six months preceding retirement shall not be used in the computation of pensions; to provide for the retirement of any present employee at the expiration of thirty years service, or after attaining the age of sixty-five years, in the discretion of the board; to provide for the pensioning upon retirement of certain future employees entering the service of the board on or after July 1, 1953; to eliminate the provision respecting the increase or reduction in the amount of the pension dependent upon the increase or reduction in the salary, wage or remuneration of the job upon which employee was pensioned upon retirement; 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:

Page 3264

Section 1. That the Act approved March 6, 1945 (Ga. Laws, 1945, pp. 963-977) entitled An Act to amend the Act approved August 22, 1931 (Ga. Laws 1931, pp. 660-673), said Act being entitled: `An Act to repeal an Act entitled, An Act to authorize the City Council of Augusta to create a board of health for said city, approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, and said combined body to be known as the Richmond County Department of Health, and for other purposes', so as to provide a retirement system and pension fund for the employees of the Board of Health and/or the Department of Health of Richmond County; to require that three (3%) per centum of the salary, wage or remuneration of each of each employee of said board of health be deducted from his pay and paid into said fund as part thereof; to require said Board of Health and/or Department of Health Richmond County to pay into said fund as part thereof a sum equal to the amount deducted from its employees' salaries, wages, or remuneration; to provide authority for said Board of Health and/or Department of Health of Richmond County to increase or reduce from time to time such withholdings from such employees' salaries, wages or remuneration and to increase or reduce from time to time the sum to be paid by said Board of Health and/or Department of Health of Richmond County in matching said withholdings from such employee's salaries, wages or remuneration; to provide and require that the sums of money to be paid into said pension fund by said Board of Health and/or Department of Health of Richmond County to be entered into and made a part of the annual budget of the Board of Health of Richmond County and said sums to be paid over to said board of health by the City Council of Augusta and Richmond County on the percentage basis as other appropriations now made by said city and county; to provide for the method of retirement and pension of said employees of said Board of Health and/or Department of Health of Richmond County; to provide for said retired employees to be paid from the

Page 3265

employees pension fund of said board of health; to provide for total and permanent disability and temporary disability pensions, to provide for punishment under the criminal laws of Georgia for persons who violate the terms of this Act; to repeal all laws in conflict herewith, and for other purposes, is hereby amended so as to provide for time spent on active duty in the armed forces of the United States to be counted toward total time of employee's service; to provide for a maximum amount of the pension fund to be deposited in any one bank; to prohibit reduction by the board of its contributions below the percentage of contributions from employees; to eliminate the maximum of $125.00 per month as the highest allowable pension and the consideration of salary in excess of $3,000.00 per annum in the computation of pension contribution by the employee; to provide that salary increases in effect for less than six months preceding retirement shall not be used in the computation of pensions; to provide for the retirement of any present employee at the expiration of thirty years service, or after attaining the age of sixty five years, in the discretion of the board; to provide for the pensioning upon retirement of certain future employees entering the service of the board on or after July 1, 1953; to eliminate the provision respecting the increase or reduction of the amount of the pension dependent upon the increase or reduction in the salary, wage or remuneration of the job upon which employee was pensioned upon retirement; to repeal conflicting laws; as hereinafter set forth. Act of 1945 amended. Section 2. By deleting from lines one and two of paragraph (2) of Section 2 thereof the words time spent in the armed forces of the United States during the present way by, and substituting in lieu thereof the words a call to active duty in the armed forces of the United States involuntarily by direction of the President of the United States of, and adding thereto, The status of volunteers is to be determined by a joint committee from the board of health and health department employees., so that said paragraph (2) of Section 2 when so amended shall read as follows: Sec. 2.

Page 3266

(2) A call to active duty in the armed forces of the United States involuntarily by direction of the President of the United States of any employee shall be counted in the total time of service of such employee for retirement purposes, providing said employee returns to his position with said board within ninety days after his discharge from said armed services. The status of volunteers is to be determined by a joint committee from the board of health and health department employees. Active duty with armed forces. Section 3. By deleting from lines seventeen and eighteen of Section 3 of said Act the words and figures five thousand dollars ($5,000.00), and substituting in lieu thereof the words, the maximum amount insured by the Federal Deposit Insurance Corporation, so that said Section 3 when so amended shall read as follows: Sec. 3. Section 3. There is created a permanent pension fund for the benefit of every employee covered by this Act, and said fund shall be known as the `Board of Health Employees' Pension Fund' and shall be kept in a separate account earmarked `Board of Health Employees' Pension Fund' with a separate permanent record thereof, which record shall be kept by the finance officer of said board, and no warrant shall be drawn on said fund except as provided in this Act, except that at any time said fund exceeds the maximum amount insured by the Federal Deposit Insurance Corporation, on deposit in any one bank, said finance officer shall purchase bonds for the benefit of the said pension fund with all excess above the maximum amount insured by the Federal Deposit Insurance Corporation provided said bonds are approved by the Georgia laws for purchase by trustees of trust estates in Georgia. Fund. The finance officer shall at no time have in any one bank more than the maximum amount insured by the Federal Deposit Insurance Corporation of said pension funds, and all such depositories shall be in Richmond County, Georgia. The said finance officer's voucher, when countersigned by the chairman of the board, shall be the method of withdrawal from said pension fund;

Page 3267

acting finance officer, or acting chairman, when property designated as such in accordance with the ordinances of Richmond County Board of Health, shall have authority to perform all acts and duties, and shall perform all acts and duties conferred by this Act on said finance officer or chairman, hereinafter provided for, shall likewise include and cover anyone acting in his stead as acting finance officer or chairman. Depositories. Section 4. By adding at the end of Section 7 thereof the following words: The Richmond County Board of Health shall never reduce its contributions below the percentage of contributions from employees' salaries, wages or remuneration., so that said Section 7 when so amended shall read as follows: Sec. 7. Section 7. The sum of three (3) per centum shall be deducted by the said finance officer from the salary, wages, or remuneration of each employee of the board not specifically excluded by this Act, as and when paid, by pay vouchers, or other forms of payment, for services rendered. This deduction shall be deposited by said finance officer in the `Board of Health Employees' Pension Fund' in conformity with this Act, and he, the said finance officer, is designated as custodian of such fund. During each year after the effective date of this Act, the board shall pay over to said finance officer for said Board of Health Employees' Pension Funds, and which shall become a part thereof and be the property of such fund, a sum equal to the amount deducted by the finance officer from the salaries, wages or remunerations, and it is hereby made the duty of said finance officer to collect and receive said equal sum from the board, and the board shall pay it over to him, as herein directed, and he shall collect the same promptly and deposit it in said Board of Health Employees' Pension Fund; provided, however the board shall have authority from time to time to increase the contributions by said employees up to five (5%) per centum of such salary, wage or remuneration, but upon each such increase on the part of such employees, then and in that event the board shall make its contributions correspond to the percentage deducted

Page 3268

from such employee's salary, wage or remuneration, provided, however, that before said board shall be authorized to increase said contribution by itself and said employees, said pension fund shall have been depleted so that there shall not be in the fund an amount sufficient to pay the pensions of those on the pension roll for a period of twelve months; provided, however, should in the judgment of said board, said pension fund shall have grown to such an extent as to reduce the contributions to this fund down to as low as three per centum, then and in that event, said board shall have authority so to do. The Richmond County Board of Health shall never reduce its contributions below the percentage of contributions from employees' salaries, wages or remuneration. Boards contributions. Section 5. By deleting from lines twenty-one through twenty-eight of Section 12 thereof the words nor shall any pension be granted under the provision of this or any other section of the Act to exceed $125.00 per month and no part of any salary exceeding $3,000.00 per annum shall be considered in the computation of the pension contribution by the employee or the amount of pension to be paid, and adding to said Section 12 the following words: Salary increases in effect for less than six months preceding retirement are not to be used in computation of pensions. Any employee may be retired at the expiration of thirty years' service or after attaining the age of sixty-five (65) years at the discretion of the board of health., so that said Section 12 when so amended shall read as follows: Sec. 12. Section 12. That every employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total service as an employee shall at any time amount to twenty-five (25) years, may retire on his own motion, and this shall include any employee who shall have served twenty-five years prior to the effective date of this Act, and any employee who shall serve his twenty-five (25) years after the effective date of this Act, and also include any employee who serves twenty-five (25) years regardless of whether part of said service is before the effective date of this Act and

Page 3269

part of the service is after the effective date of this Act, such employee shall be retired at one-half of the highest salary or wage or remuneration he has received as an employee within the period of seventy-two months immediately preceding his retirement, plus two (2) per centum for each year's service beyond said twenty-five years, however, at no time shall any pension exceed sixty (60) per centum of the highest salary, or wage or remuneration paid to said employee within the period of seventy-two months immediately preceding his retirement. Salary increases in effect for less than six months preceding retirement are not to be used in computation of pensions. Any employee may be retired at the expiration of thirty years' service and after attaining the age of sixty-five (65) years at the discretion of the board of health. Retirement. Section 6. By adding a new section to provide for the pensioning of certain employees entering the service of the board on or after July 1, 1953, to be known as Section 12 (a) as follows: Sec. 12(a). Section 12 (a). Any employee entering the service of the board as a regular employee on or after July 1, 1953, and contributing to the general retirement fund shall be entitled to retire on a pension computed at two (2) per centum per annum of the highest salary, wage or remuneration he has received as an employee within the period of seventy-two months immediately preceding his retirement, provided said employee shall have attained the age of sixty-five (65) years, however at no time shall any pension exceed sixty (60) per centum of the highest salary, wage or remuneration paid to said employee within the period of seventy-two months immediately preceding his retirement. Salary increases in effect for less than six months preceding retirement are not to be used in computation of pensions. The provisions for retirement due to physical disability as set forth in Section 15 and Section 16 of this Act shall not be affected. Employees entering service. Section 7. By deleting Section 21 thereof in its entirety.

Page 3270

Section 8. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Notice. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1953 session of the General Assembly of Georgia: An Act. An Act to amend an Act approved March 6, 1945, (Ga. Laws, 1945, pp. 963-977), said Acts entitled, An Act to amend the Act approved August 22, 1931 (Ga. Laws 1931, pp. 660-673), said Act being entitled: `An Act to repeal an act entitled, An Act to authorize the City Council of Augusta to create a board of health for said City, approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County and said combined body to be known as the Richmond County Department of Health, and for other purposes', so as to provide a retirement system and pension fund for the employees of the Board of Health and/or the Department of Health of Richmond County; to require that three (3%) per centum of the salary, wage or remuneration of each employee of said board of health be deducted from his pay and paid into said fund as part thereof: to require said Board of Health and/or Department of Health Richmond County to pay into said fund as part thereof a sum equal to the amount deducted from its employees' salaries, wages of remuneration; to provide authority for said Board of Health and/or Department of Health of Richmond County to increase or reduce from time to time such withholdings from such employees' salaries, wages or remuneration and to increase or reduce from time to time the sum to be paid by said Board of Health and/or Department of Health of Richmond County in matching said withholdings from such employees' salaries, wages, or remuneration: to provide and require that the sums of

Page 3271

money to be paid into said pension fund by said Board of Health and/or Department of Health of Richmond County to be entered into and made a part of the annual budget of the Board of Health of Richmond County and said sums to be paid over to said board of health by the City Council of Augusta and Richmond County on the percentage basis as other appropriations now made by said city and county; to provide for the method of retirement and pension of said employees of said Board of Health and/or Department of Health of Richmond County: to provide for said retired employees to be paid from the employees' pension fund of said board of health: to provide for total and permanent disability and temporary disability pensions: to provide for punishment under the criminal laws of Georgia for persons who violate the terms of this Act; to repeal all laws in conflict herewith, and for other purposes, so as to provide for time spent on active duty in the armed forces of the United States to be counted toward total time of employee's service; to provide for the maximum amount of the pension fund to be deposited in any one bank; to prohibit reduction by the board of its contributions below the percentage of contributions from employees; to eliminate the maximum of $125.00 per month as the highest allowable pension and the consideration of salary in excess of $3,000.00 per annum in the computation of pension contribution by the employee; to provide that salary increases in effect for less than six months preceding retirement shall not be used in the computation of pensions; to provide for the retirement of any present employee at the expiration of thirty years' service, or after attaining the age of sixtyfive years, in the discretion of the board; to provide for the pensioning upon retirement of certain future employees entering the service of the board on or after July 1, 1953; to eliminate the provision respecting the increase or reduction in the amount of the pension dependent upon the increase or reduction in the salary, wage or remuneration of the job upon which employee was pensioned upon retirement; to repeal conflicting laws; and for other purposes. /s/ Sam T. Graham,
Page 3272

/s/ John C. Bell, /s/ W. W. Holley, Members, General Assembly of Georgia. Personally appeared before me the undersigned attesting officer duly authorized by law to administer oaths, came John C. Bell, Sam T. Graham and W. W. Holley, Members of the General Assembly from Richmond County, Georgia, who being duly and severally sworn, depose and say on oath as follows: That the attached and foregoing notice referred to in the foregoing bill was published in the Augusta Chronicle, the official gazette for Richmond County, Georgia, and the newspaper in which sheriff's advertisements for said county are published on the following dates, to wit: January 14, 21, and 28, 1953 being once a week for three weeks during a period of 60 days immediately preceding the introduction of said bill into the General Assembly, all as provided by law. This affidavit is made by deponents who are the authors of said bill, for the purpose of showing compliance with the Constitution and laws of Georgia, with reference to publication of notice of intention to apply for local legislation, and is made for the purpose of being attached to the bill, notice of which was given in said notice. /s/ Sam T. Graham, /s/ John C. Bell, /s/ W. W. Holley, Members, General Assembly of Georgia. Sworn to and subscribed before me, this 16 day of February, 1953. /s/ W. K. Dean, Notary Public, Towns County, Ga. Approved March 11, 1953.

Page 3273

CITY COURT OF SYLVESTER. No. 477 (House Bill No. 599). An Act to amend an Act approved August 8, 1916 (Ga. Laws 1916, p. 314), which Act established a City Court in the City of Sylvester, Worth County, as amended by an Act approved March 21, 1933 (Ga. Laws 1933, p. 367), as further amended by an Act approved March 12, 1935 (Ga. Laws 1935, p. 557), and as further amended by an Act approved February 25, 1949 (Ga. Laws Extra Session 1948, Regular Session 1949, p. 1654), so as to fix and provide that the rules of practice and procedure in said City Court of Sylvester shall at all times and respects be the same as in the superior courts of said State; by prescribing and fixing the compensation of the Court Reporter of the City Court of Sylvester to be the same as provided for and received by court reporters of the superior courts; and so as to increase the salary of the Judge of the City Court of Sylvester to three hundred ($300.00) dollars per month and to increase the salary of the Solicitor of the City Court of Sylvester to two hundred and twenty-five ($225.00) dollars per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 4 of an Act approved August 8, 1916 (Ga. Laws 1916, p. 314), which Act established a City Court in the City of Sylvester, Worth County, as amended by an Act approved March 21, 1933 (Ga. Laws 1933, p. 367), as further amended by an Act approved March 12, 1935 (Ga. Laws 1935, p. 557), as further amended by an Act approved February 25, 1949 (Ga. Laws Extra Session 1948, Regular Session 1949, p. 1654) is hereby further amended by striking therefrom the words and figures two hundred and twenty-five ($225.00) dollars and substituting in lieu thereof the words and figures three hundred ($300.00) dollars, so

Page 3274

that said Section 4, when so amended, shall read as follows: Sec. 4. Be it further enacted by the authority aforesaid, that the Judge of the said City Court of Sylvester, shall receive a salary of three hundred ($300.00) dollars per month, due and payable on the first day of each calendar month out of the treasury of Worth County by the person or persons charged by law with the paying out the money of said county. Judge's salary. Section 2. Section 9 of said amended Act is hereby further amended by striking therefrom the words and figures one hundred and fifty ($150.00) dollars and substituting in lieu thereof the words and figures two hundred and twenty-five ($225.00) dollars so that said Section 9, when so amended, shall read as follows: Sec. 9. Be it further enacted by the authority aforesaid, that the Solicitor of the said City Court of Sylvester shall receive a salary of two hundred and twenty-five ($225.00) dollars per month, due and payable on the first day of each calendar month out of the treasury of Worth County by the person or persons charged by law with the paying out the money of said county; said salary to be his full compensation, except such fees as he receives from the State for services rendered in the Court of Appeals in criminal cases appealed from said city court. Solicitor's salary. Section 3. Section 19 of said amended Act is hereby further amended by striking the words two-thirds wherever the same may appear in said Section 19 and substituting in lieu thereof the words the same so that said Section 19, when so amended, shall read as follows: Sec. 19. Be it further enacted by the authority aforesaid, that there may be a Reporter or Stenographer of the City Court of Sylvester, to be appointed by the judge thereof, and said judge may, in his discretion, require any or all of the civil cases in said court reported upon the request of parties to either side, plaintiff or defendant,

Page 3275

and the fees to such stenographer for reporting said cases shall be the same amount provided and allowed by law for reporting similar cases in the superior courts of this State, to be paid by the plantiff and defendant equally. Said stenographer shall have the same rights as in the superior courts to enforce the payments of his fees. Said stenographer shall likewise report all criminal cases in said court which the judge thereof, in his discretion, may order or require to be reported, and shall receive for his services for reporting and transcribing the record in connection with the criminal business in the said city court, the same amount provided and allowed by law for the stenographers or reporters in the superior courts of this State for same amount of work, and who shall be paid out of the treasury of said county in the same manner that the superior court reporters of the State are paid. Reporter. Section 4. Section 25 of said original and amended Act is hereby amended by adding and inserting after the word respects in the third line of said Section 25, the words the same as now in effect or hereafter, so that said Section 25, when so amended, shall read as follows: Sec. 25. Be it further enacted by the authority aforesaid, that the practice and procedure in the said City Court of Sylvester shall be in all respects the same as now in effect or hereafter as in the superior courts; the time of filing suits, pleas and answers, calling the appearance docket, entering judgments in defaults, the rules of opening default judgments, time of hearing and disposing of demurrers, shall in all respects, where not inconsistent with this Act, be governed by the law fixing the practice and procedure in the superior courts. Practice and procedure. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Worth County.

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Notice is hereby given that application will be made at the 1953 session of the General Assembly of Georgia, to convene on January 12th, 1953, for the passage of the following legislation: An Act to amend original Act establishing the City Court of Sylvester (Ga. Laws 1916, p. 314) and amendments thereof, by fixing and providing for the terms of said court; the rules of practice and procedure in said court, and by amending and fixing the compensation of the court reporter, judge and solicitor of said court. This January 12th, 1953. /s/ David C. Jones, Representative Worth County. /s/ John D. Shepherd, Senator 10th Senatorial Dist. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David C. Jones, who, on oath, deposes and says that he is Representative from Worth County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local, which is the official organ of Worth County, on the following dates: January 12, 1953; January 22, 1953; and January 29, 1953. /s/ David C. Jones, Representative, Worth County. Sworn to and subscribed before me, this day of February, 1953. /s/ Janette Hirsch, (Seal). Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Approved March 11, 1953.

Page 3277

ROAD TAX IN CERTAIN COUNTIES. No. 479 (House Bill No. 578). An Act to provide for a county tax for roads in counties having a population of not less than 40,000 nor more than 43,000 according to the 1950 United States census or any future census; to provide the purpose of said tax; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The commissioners of roads and revenues or the ordinary, as the case may be, in every county in the State having a population of not less than 40,000 nor more than 43,000 according to the United States census of 1950 or any future census, may levy a tax additional to any other authorized by law of not more than eighttenths (8/10) of one per centum (1%) on all of the taxable property in the county, and the funds so raised by said taxation, together with the commutation provided by law, shall be used and expended for the purpose of paying salaries and wages, for building, working, improving, and repairing the public roads, and for the purchase and upkeep of road machinery. Counties. Tax. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1953. SHERIFF'S EXPENSES IN CERTAIN COUNTIES. No. 481 (House Bill No. 551). An Act to provide that in all counties of this State having a population of not less than 9,883 nor more than 9,893 inhabitants, according to the 1950 United States census, and any future United States census, the boards

Page 3278

of county commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the sheriffs of said counties to be used to mitigate expenses incurred by said sheriffs in connection with official duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. In all counties of this State having a population of not less than 9,883, nor more than 9,893 inhabitants, according to the 1950 United States census, and any future United States census, the boards of county commissioners shall have the power and authority to pay out of county funds a monthly expense allowance of $100.00 to the sheriffs of said counties to be used to mitigate expenses incurred by said sheriffs in connection with official duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1953. MACONLAND CONVEYANCE CONFIRMED. No. 482 (House Bill No. 625). An Act to amend an Act approved August 3, 1927, entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper all Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes, said Act described appearing on pages 1283-1357 of the published Acts of the General Assembly

Page 3279

of Georgia of 1927, and to ratify and confirm the ordinance of the Mayor and Council of the City of Macon dated September 7, 1895 and recorded on its minutes in Book F, Folio 226, abandoning and closing the original alley between blocks 25 and 29 in the northwest range of the City of Macon and the relocation of said alley as therein provided: and to ratify and confirm the deed from the City of Macon to Durward Yates, predecessor in title of Mrs. Glenn E. Jones, dated April 16, 1952, recorded in Book 638, Folio 403, Clerk's office, Bibb Superior Court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon as shown by the minutes of its regular meeting on the 7th day of September, 1895, vacating, closing and abandoning the alley running between Blocks 25 and 29 in the northwest range of lots in said city and the relocation of said alley be and the same is hereby ratified and confirmed. Abandonment confirmed. Section 2. Be it further enacted by the General Assembly of Georgia that the deed from the City of Macon to Durward Yates, predecessor in title of Mrs. Glenn E. Jones, dated April 16, 1952, recorded in Book 638, Folio 403, Clerk's Office, Bibb Superior Court, conveying to him the following described property: The northerly four and forty-five one-hundredths (4.45) feet of what was at one time laid off as a 20-foot alley between Lots Twenty-Five (25) and Twenty-Nine (29) of what is known as the northwest range of lots in the City of Macon, said 20-foot alley running from Orange Street in an easterly direction to a public alley extending from Georgia Avenue to Bond Street, and the part of said 20 foot alley hereby conveyed being so much of said alley as is north of the line dividing the lot now in the occupancy of the said Durward Yates on the north from the lot on the south now in the occupancy of William M. Turpin, Miss Anne Page Turpin, Mrs. Virginia Turpin Carr, and Mrs. Evelyn Turpin Walters. be and the same is hereby ratified

Page 3280

and confirmed. Conveyance ratified. Section 3. Be it further enacted by the General Assembly of Georgia that all laws and parts of laws in conflict herewith are hereby repealed. Section 4. Evidence of advertising required by law is hereto attached and made a part hereof. Georgia, Fulton County. Personally appeared before the undersigned attesting authority Andrew W. McKenna, who on oath deposes and says that he is the author of the within and attached bill, and that the notice of intention to ask for local legislation, as the same appears in the within and attached clipping from The Macon News, was published in The Macon News, the newspaper in Bibb County, Georgia, in which the sheriff's advertisements for said county are published upon January 24, 1953, January 31, 1953, and February 7, 1953. /s/ Andrew W. McKenna, Andrew W. McKenna, Member General Assembly, Bibb County, Georgia. Sworn to and subscribed before me, this the 18 day of February, 1953. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). 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

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clipping has been published in The Macon News on the following dates: January 24, 1953, January 31, 1953, February 7, 1953. /s/ Florence J. Scott. Sworn to and subscribed to before me, this 7th day of February, 1953. /s/ Anna J. Harris, Notary Public, Bibb County, Georgia. (Seal). To Whom It May Concern. Notice is given that the undersigned will request the General Assembly of Georgia at its 1953 session to enact a law confirming the act of the Mayor and Council of the City of Macon in abandoning and closing a 20 foot alley which originally ran between lots 25 and 29 Northwestern Reserve the alley having been closed and relocated 50 feet 7 inches in the direction of Georgia Avenue all by act of the Mayor and Council of the City of Macon on September 7, 1895. Also, the General Assembly will be asked to confirm the deed of the City of Macon of April 16, 1952 to Durward Yates in which it relinquished all interest, if any it had in northerly 4.45 feet of what was at one time laid off as said 20 foot alley; undersigned is successor in title to Durward Yates. The Mayor and Board of Aldermen of the City of Macon at its regular meeting on April 8, 1952 granted authority for the execution of said deed based on the consideration that flowed to the City of Macon by reason of said relocation of the alley in 1895. Mrs. Glenn E. Jones. Approved March 11, 1953.

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AUGUSTA PENSION SYSTEM AMENDED. No. 483 (House Bill No. 609). An Act to amend the charter of the City of Augusta incorporated as the City Council of Augusta (Ga. Laws, 1798), as amended by the various amendatory Acts, thereof, and particularly as amended by an Act approved February 15, 1952 (Ga. Laws, 1952, pp. 2771-2786), designated as Augusta Civil Service Commission, so as to provide for the pension rights of such members of the police and fire departments of the City of Augusta that have been granted leaves of absence therefrom to accept other positions with the City Council of Augusta and of those former members of such departments who have accepted other positions with the City Council of Augusta; to confirm the leaves of absence in the police and fire departments heretofore granted and the acceptance of other positions with the City Council of Augusta by former members of the police and fire departments; to provide for the termination of such leaves of absence subject to certain conditions; and to preserve the pension rights of such members that have heretofore been granted leaves of absence and of those who have accepted other positions with the City Council of Augusta; to provide for the computation of their time for retirement purposes; to provide for the transfer of future employees from one department to another and for the computation of the sum that they shall pay into the pension fund; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the charter of the City of Augusta incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various other amendatory Acts thereof, and particularly by an Act approved February 15, 1952 (Ga. Laws, 1952, pp. 2771-2786), designated as Augusta Civil Service Commission, is hereby amended by adding thereto

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the provisions hereinafter following Section 2. Any member of the police or fire department of the City of Augusta heretofore granted a leave of absence from the department of which he was a member by the Civil Service Commission of the City of Augusta as it existed at the time of the granting of such leave of absence to accept another position of The City Council of Augusta who is presently filling such other position and any former member of the police or fire department of the City of Augusta who has accepted another position of The City Council of Augusta and who is presently filling such other position shall have deducted from his monthly pay the percentage of his salary, wage or remuneration required by law to be deducted from other members of the police and fire departments and/or employees of The City Council of Augusta, and deposited into the pension fund of said department, and said person upon meeting all of the retirement provisions of law relating to the members of said department from which he holds his leave of absence or of which he was formerly a member may be retired on one-half of his highest monthly salary, wage or remuneration which he received during the last seventy-two months immediately preceding his retirement. Any such person who has accepted another position with The City Council of Augusta shall be subject to all laws, rules and regulations governing said office or position, including the provisions of the Act of the General Assembly approved December 31, 1937 (Ga. Laws, Extra Session, 1937-1938, pp. 938-943), designated as Augusta Officers and Employees Tenure, as amended, and all ordinances adopted by The City Council of Augusta pursuant to said Act. Employees transferred from police and fire department. Section 3. Any leave of absence heretofore granted by any civil service commission to any member of the police or fire department of the City of Augusta, or the acceptance of any other position with The City Council of Augusta by a former member of the police or fire department is hereby confirmed provided such person is presently filling such other position of The City Council

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of Augusta, by leave of absence or otherwise, and the pension rights of such member or former member of the police or fire departments accruing to him hereunder or existing heretofore under leave of absence are hereby preserved in accordance with the foregoing provisions, and the service of such person with the police or fire department and in such other positions of The City Council of Augusta shall both be computed in total service for retirement purposes provided that no member or former member of the police or fire department of the City of Augusta presently filling another position of The City Council of Augusta by leave of absence heretofore granted or otherwise shall be entitled to any right of seniority upon return to said police or fire department of the City of Augusta after thirty days from the effective day of this Act but at the expiration of said thirty days such person shall thereupon forfeit all rights of seniority in said police or fire department. Compensation of service. Section 3(A). That any employee of The City Council of Augusta transferred in the future from one department to another shall pay into the pension fund of the City of Augusta the same percentage currently paid by the employees of the department to which said city employee is transferred. Transferred employees. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the following local legislation will be introduced by the undersigned at the 1953 session of the General Assembly of Georgia. An Act. An Act to amend the Charter of the City of Augusta incorporated as The City Council of Augusta (Georgia Laws, 1798), as amended by the various amendatory Acts thereof, and particularly as amended by an Act approved February 15, 1952 (Georgia Laws, 1952, pages

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2771-2786), designated as Augusta Civil Service Commission, so as to provide for the pension rights of such members of the Police and Fire Departments of the City of Augusta that have been granted leaves of absence therefrom to accept other positions with The City Council of Augusta and those former members of such Departments who have accepted other positions with The City Council of Augusta; to confirm the leaves of absence in the Police and Fire Departments heretofore granted and the acceptance of other positions with The City Council of Augusta by former members of the Police and Fire Departments; to provide for the termination of such leaves of absence subject to certain conditions; and to preserve the pension rights of such members that have heretofore been granted leaves of absence and of those who have accepted other positions with The City Council of Augusta; to provide for the computation of their time for retirement purposes; and for other purposes. /s/ John C. Bell, /s/ Sam T. Graham, /s/ W. W. Holley, Members, General Assembly of Georgia. Personally appeared before me the undersigned attesting officer duly authorized by law to administer oaths, came Sam T. Graham, John C. Bell and W. W. Holley, Members of the General Assembly from Richmond County, Georgia, who being duly and severally sworn, depose and say on oath as follows: That the attached and foregoing notice referred to in the foregoing bill was published in the Augusta Chronicle, the official gazette for Richmond County, Georgia, and the newspaper in which sheriff's advertisements for said county are published on the following dates, to wit: January 10th, 17th and 24, 1953, being once a week for three weeks during a period of 60 days immediately preceding the introduction of said bill into the General Assembly, all as provided by law. This affidavit is made by deponents who are the authors

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of said bill, for the purpose of showing compliance with the Constitution and laws of Georgia, with reference to publication of notice of intention to apply for local legislation, and is made for the purpose of being attached to the bill, notice of which was given in said notice. /s/ John C. Bell, /s/ Sam T. Graham, /s/ W. W. Holley, Members, General Assembly of Georgia. Sworn to and subscribed before me, this 16 day of Feb., 1953. /s/ W. K. Dean, Notary Public, Towns County, Georgia. Approved March 11, 1953. UPSON COMMISSIONERS. No. 484 (House Bill No. 433). An Act to provide for the terms of office of the members of the Board of Commissioners of Roads and Revenues of Upson County; to provide the time for holding elections for the same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. At the election in 1953 for the member of the Board of Commissioners of Roads and Revenues of Upson County representing the first district, he shall be elected for a term of three years, which term shall begin on January 1, 1954 and expire December 31, 1956. At the election in 1954 for the member of the Board of Commissioners of Roads and Revenues of Upson County representing the second district, he shall be elected for

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a term of four years, which term shall begin on January 1, 1955 and expire December 31, 1958. At the election in 1955 for the member of the Board of Commissioners of Roads and Revenues of Upson County representing the third district, he shall be elected for a term of one year, which term shall begin on January 1, 1956 and expire December 31, 1956. Thereafter, the members representing the first and third districts shall be elected at the same time and shall be elected for a term of four years. The member representing the second district shall also be elected for a term of four years. Election and terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of intention to apply for the passage of this Act has been published in The Thomaston Times, the newspaper in which the sheriff's advertisements for Upson County are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of this Act into the General Assembly of Georgia. Following is a copy of said notice, certified to by the publisher of said newspaper as provided by law. Notice of Intention to Apply for Local Legislation. State of Georgia, County of Upson. Notice is hereby given that the undersigned intend to apply for the passage of a bill of local application in the 1953 session of the General Assembly of Georgia, the same being an Act to provide for the terms of office of the members of the Board of Commissioners of Roads and Revenues of Upson County; to provide the time for holding elections for the same; to repeal conflicting laws; and for other purposes. This 8th day of January, 1953. /s/ Owen J. Adams, /s/ W. S. Bill Brantley, Members, General Assembly Upson County, Georgia.

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State of Georgia, County of Upson. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, S. J. Carswell, who, being duly sworn, deposes and says on oath that he is general manager of the Thomaston Publishing Company, publisher of The Thomaston Times, the newspaper in which sheriff's advertisements are published in Upson County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in The Thomaston Times on the following dates: January 9, 1953, January 16, 1953, and January 23, 1953. This 31st day of January, 1953. /s/ S. J. Carswell, General Manager, Thomaston Publishing Company. Sworn to and subscribed before me, this 31st day of January, 1953. /s/ Lillian Turner, Notary Public, Upson County, Georgia. My commission expires Nov. 25, 1955. Notarial Seal Affixed. Approved March 11, 1953. COMPENSATION TO H. E. HARTSFIELD AND MRS. LAURA M. WALKER FOR INJURIES. No. 86 (House Resolution No. 74-262n). A Resolution. Whereas on August 13, 1950, Mr. H. E. Hartsfield, Jr. and his mother, Mrs. Laura M. Walker, then a resident of Fulton County, Georgia, was riding in a motor vehicle, belonging to the above named H. E. Hartsfield,

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Jr., said H. E. Hartsfield, Jr. was driving on U. S. Highway Number 27 six miles north of Rome, Georgia, in Floyd County, Georgia, in or near Armuchee (Armuchee River), Georgia, said vehicle being a 1948 Plymouth sedan and: Whereas Herman E. Barnes an employee of the State of Georgia as State Highway Patrolman, of the State of Georgia, was then and there driving a 1950 Ford coach belonging to said department of the State of Georgia, said employee being then and there on the official business of said department, the State Highway Patrol officers in answering an emergency call traveling at a high rate of speed to points north of the accident was seen by witnesses and it appeared to be impossible for the patrol car to stop unless they ran into the people crossing the highway or ran into the vehicle operated by Mr. Hartsfield of which was done in order not to run into the people crossing the highway and: Whereas said Ford patrol car and the Plymouth passenger car being driven as aforesaid, collided and said collision was caused by the negligence of said driver of said Ford Highway Patrol car, as will appear by reference on file with the Department of Public Safety Division, said report being dated August 14, 1950, and signed by Sgt. O. W. Sweat, #118, Georgia State Patrol Headquarters, Atlanta, Georgia, (Investigator), also signed by Trooper H. E. Barnes, and: Whereas the damages to said Plymouth vehicle belonging to said H. E. Hartsfield, Jr. of Atlanta, Fulton County, Georgia, amounted to $280.00, also personal damages from a head and back injury causing said H. E. Hartsfield to be absent from his work for two months and under constant treatment of his physician, and has recently been reassigned to a position of light duty due to his physical disability to labor on the original position and having or causing his earnings to be cut one-fourth (), said H. E. Hartsfield, Jr. has a loss of $1,500 as salary, X-ray doctor bill and drugs

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without consideration of future pain and suffering, and: Whereas the damages to Mrs. Laura M. Walker, mother of aforementioned H. E. Hartsfield, driver of said Plymouth vehicle of who was riding as a passenger in said car was seriously injured as a result of the collision, having been removed to the Harbin Hospital at Rome, Georgia, August 13, 1950, for first aid treatment and later moved to Atlanta, Georgia, for further treatment and has been declared permanently disabled for the remainder of her life as evidenced by reports of her doctors and has been damaged to the extent of $8,500.00. 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 Mr. H. E. Hartsfield $500.00 and his mother, Mrs. Laura M. Walker, $4,000.00 in compensation for damages to property and bodily injury as above set forth. The payment shall be made from the fund available to said department, said parties being residents of and citizens of this State, said amount when paid to be in full satisfaction of said claims. Approved March 11, 1953. COMPENSATION TO MISS ROSE THOMPSON FOR INJURIES. No. 89 (House Resolution No. 19-87b). A Resolution. To compensate Miss Rose Thompson of White Plains, Georgia for injuries she received in an accident with a State Highway truck; and for other purposes. Whereas, on January 31, 1952, Miss Rose Thompson

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was severely injured and her automobile damaged in a collision with a Georgia State Highway Department truck, which collision occurred at the intersection of U. S. Highway No. 78 and Georgia Highway No. 12 in Thomson, Georgia, and Whereas, Miss Thompson was proceeding through said intersection on a green light and the State Highway truck, driven by John Williams, or Williamson, ran through the red light and into the car driven by Miss Thompson, and Whereas, such accident happened through no fault or negligence on the part of Miss Thompson, and Whereas, she has suffered many injuries and the car was severely damaged, and she has been forced to pay doctors' bills, hospital bills, medical bills, repair bills and other bills connected with such accident, and Whereas, it is only just and proper that she be compensated therefor, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Georgia State Highway Department, is hereby ordered and directed to pay to Miss Rose Thompson of White Plains, Georgia the sum of two thousand twenty-three dollars and eighty-three cents ($2,023.83) as compensation as set out above. Said sum shall be paid by the State Highway Department from funds appropriated to or available to said department. Approved March 11, 1953. DOOLY COMMISSIONERS. No. 486 (House Bill No. 552). An Act to amend an Act creating a Board of Commissioners

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of Roads and Revenues for Dooly County, approved August, 18, 1913 (Ga. Laws 1913, p. 373), as amended, particularly as amended by an Act approved March 2, 1943 (Ga. Laws, 1943, p. 951), so as to change the compensation of the members of the board; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for Dooly County, approved August 18, 1913 (Ga. Laws 1913, p. 373), as amended, particularly as amended by an Act approved March 2, 1943 (Ga. Laws 1943, p. 951), is hereby amended by striking Section 7, relating to the compensation of the members of the board, in its entirety, and inserting in lieu thereof a new Section 7, to read as follows: Section 7. The compensation of each member of the Board of Commissioners of Roads and Revenues for the County of Dooly shall be six hundred dollars ($600.00) per annum, which shall be paid in equal monthly installments from the general funds of Dooly County. Compensation. Section 2. This Act shall become effective on the first day of the month following in which it is approved by the Governor or otherwise becomes law. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Georgia, Dooly County. Personally appeared before me, a notary public, the undersigned, C. M. Methvin, who after being duly sworn on oath deposes and says that he is the owner and publisher of The Vienna News, a newspaper published in the City of Vienna, Dooly County, Georgia, having general circulation in said county, and being the official organ of said county in which the sheriff's advertisements

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are published; and that the following notice of local legislation was published in said newspaper on the following dates, to wit: On the 1st, 8th and 15th day of January, 1953. Notice of Local Legislation. Notice is this 1 January, 1953, now given to whom it may concern that there will be introduced for passage at the approaching session of the General Assembly of Georgia, a bill to be entitled An Act to amend an Act approved 2 March 1943 amending an Act approved 9 August 1919 redistricting the County of Dooly into road districts and for other purposes, so as to provide for the compensation of the members of the Board of Commissioners of Roads and Revenues for the County of Dooly, to fix the effective date of such amended Act, to fix the mode of payment, and for other purposes therein mentioned. /s/ C. M. Methvin, Jr. Sworn to and subscribed before me, this February 4, 1953. /s/ L. F. Beddingfield, N.P. State at Large. Vienna, Georgia. (Seal). My com. exp. Jan. 9, 1955. Approved March 12, 1953. DUBLINTAX ASSESSMENTS. No. 490 (House Bill No. 623). An Act to amend an Act creating a new charter for the City of Dublin, approved March 31, 1937 (Ga. Laws 1937, p. 1771), as amended, so as to change certain provisions relating to the assessed valuation of farm lands and other lands; to repeal conflicting laws; and

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for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Dublin, approved March 31, 1937 (Ga. Laws 1937, p. 1771), as amended, is hereby amended by striking the provisions of Section 5-a of Article III, relating to the assessment for taxes of farm lands within the corporate limits, and inserting in lieu thereof a new Section 5-a to read as follows: Section 5-a. No land, including farm land, within the corporate limits of the City of Dublin, shall have the benefit of any special assessed valuation for city ad valorem tax which has been provided in any law heretofore passed, and all land within the corporate limits shall be assessed, taxed and controlled without regard to any such Acts. Sec. 5, Act of 1935, amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. County of Laurens, State of Georgia. I, the undersigned W. H. Champion, editor of the Dublin, Ga., Courier-Herald, a newspaper of general circulation in the aforesaid county and the newspaper in which the sheriff's advertisements are published, do hereby certify that the attached is a true and accurate copy of notice of intention to introduce local legislation in the 1953 session of the General Assembly of Georgia, the said notice of intention to introduce local legislation having been published on January 31st, 1953, February 7th, 1953, and February 14th, 1953. This the 16th day of February, 1953. /s/ W. H. Champion, W. H. Champion. Legal 1034.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce in the 1953 session of the General Assembly of Georgia a bill amending the charter of the City of Dublin so as to change certain provisions relating to the assessed valuation of farm lands and other lands, and for other purposes. This 30 day of January, 1953. W. H. Lovett, Representative, Laurens County. Approved March 12, 1953. CIVIL COURT OF DEKALB COUNTY. No. 491 (House Bill No. 583). An Act to amend an Act approved August 20, 1913, (Ga. Laws 1913, p. 145) creating the Municipal Court of Atlanta, and to amend an Act creating and establishing the Civil Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951, p. 2401) to provide for duties and powers of the clerk and his deputies of the Civil Court of DeKalb County; to provide for jurisdiction of said court; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Be it enacted by the authority aforesaid that from and after the passage of this Act that the clerk of said court shall have the power to perform all purely ministerial duties which, under the laws of this State, are performable by a justice of the peace, and such other duties as are prescribed by the rules of said court. This section as to the duties of the clerk of the civil court

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are cumulative with the Georgia Laws Acts of 1951, page 2401, Section 20. Powers of clerk. Section 2. Be it enacted by the authority aforesaid that from and after the passage of this Act that all deputy clerks of the Civil Court of DeKalb County shall be vested with all the powers and duties as that of the Clerk of the Civil Court of DeKalb County. Deputies. Section 3. Be it enacted by the authority aforesaid that from and after the passage of this Act, that in addition to the jurisdiction as to the subject matter of the Civil Court of DeKalb County as prescribed in the Georgia Laws of 1951, page 2401, Section 5, the Civil Court of DeKalb County shall have jurisdiction to foreclose liens upon real property wherein the principal sum sued for exclusive of interest, costs and attorneys fees does not exceed one thousand (1000.00) dollars. Liens. Section 4. Be it further enacted by authority aforesaid that should any court of this State declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid and shall not affect any other section, clause or part of this Act. Decatur, Ga. January 12, 1953 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 11, 18, 25, 1952.

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The DeKalb New Era, /s/ W. H. McWhorter, W. H. WcWhorter, Managing-Editor. Sworn to and subscribed before me, this 12th day of January, 1953. /s/ Gwendolyn B. Painter, Notary Public, DeKalb County, Georgia. My commission expires Feb. 3, 1954. Copy of 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 1953 session of the General Assembly of Georgia, the title of which bill to be as follows: An Act to amend an Act approved Aug. 13, Acts of 1913, page 145, creating a Municipal Court of Atlanta and Acts amendatory thereto to provide for duties of deputy clerk and to provide for the compensation of the judge and other officers of the court. This 10th day of December, 1952. J. Oscar Mitchell 12-11-3t. Approved March 12, 1953. ATLANTA CHARTER AMENDED. No. 492 (House Bill No. 470). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and

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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 establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same is hereby further amended by adding thereto the following: Section 1. A copy of notice to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 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 2. There is hereby created in the City of Atlanta a commission to study the problems concerning parking facilities for motor vehicles in said city. Said commission shall be known as The Atlanta Parking Commission, hereinafter referred to as the commission. The commission shall be composed of nine (9) members, to wit: L. O. Moseley, Malcolm N. Fleming, Fred B. Moore, J. T. Swann, L. L. Gellerstedt, Joseph K. Heyman, John O. Chiles, Albert G. Mathews, and one member of the Fulton County delegation in the General Assembly to be elected by the other members of the commission. Parking commission. Section 3. In the event one or more of the citizens appointed to serve on said commission fails or refuses to serve, such fact shall not invalidate the acts of the commission. If any member or members appointed to serve shall fail or refuse to serve, the remaining members of the commission shall elect by a majority vote a citizen or citizens of the City of Atlanta to fill the vacancy or vacancies. A majority of the persons serving as members of the commission shall constitute a quorum to do business,

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but a less number may adjourn from time to time. The commission shall elect a chairman, a vice-chairman and a secretary-treasurer from its membership. The commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be furnished to the governing authority of the City of Atlanta. The Mayor and General Council of the City of Atlanta, upon application by the commission, shall provide suitable office space and meeting rooms for the commission. Meetings, officers, etc. Section 4. It shall be the function and duty of said commission to make an investigation and study of the parking problem within the City of Atlanta, to prepare a master plan of automobile parking facilities which will provide pertinent data concerning the location and extent of needed off-street parking and storage facilities at the present and in the reasonably foreseeable future, and to submit as hereinafter provided its findings and recommendations regarding the parking problem. Said commission shall supervise the drafting of specific Constitutional amendments or bills necessary and proper to effectuate its recommendations or any part thereof and shall submit them in its report. Duties of commission. Section 5. The official report of the findings and recommendations of the commission shall be filed by said commission with the Representatives of Fulton and DeKalb Counties and the Senators of the 34th and 52nd Districts in the General Assembly and with the City Clerk of the City of Atlanta by not later than the 1st day of November, 1953. The commission shall provide for the publication of a reasonable number of copies of the report of its findings and recommendations for distribution to interested parties. Report. Section 6. Said commission shall have the power and authority to hold public hearings. In making such study, the commission is authorized to call upon the State of

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Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of Fulton and DeKalb County and the City of Atlanta, including the law departments, for such assistance. Said commission may employ such special, technical and clerical assistance as may be necessary to assemble the required data and information, to analyze the same and to draft its report to the General Assembly. The commission is authorized to enter into a contract with persons or agencies for providing for any and all of the data and information required in carrying out the purposes of the commission. Powers. Section 7. There is hereby appropriated out of the fund of the City of Atlanta the sum of fifteen thousand ($15,000.00) dollars for the purpose of carrying out the purposes of this Act, which are declared to be administrative functions of municipal government. Forty (40%) percent of said amount shall be paid over to said commission as soon as said commission has been formally organized as herein provided and has made request for same. Requisitions for additional amounts up to the total amount hereby appropriated shall be signed by the chairman and the secretary-treasurer of said commission and shall be paid by the official in charge of city funds. Funds. Section 8. It is hereby found, determined and declared that the creation of the commission and the carrying out of its purposes is in all respects for the benefit of the people of the City of Atlanta and is a public purpose, and that the commission will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. The provisions of this Act are severable and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 9. The mayor and general council shall have authority and power to use a portion of Atlanta Memorial Park for fire station purposes and may construct thereon a suitable building and other necessary appertenances.

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They are specifically authorized to use a tract of land fronting 100[UNK] on the east side of Howell Mill Road and extending back east 300[UNK], said tract to be located in Land Lot 155 of the 17th District of Fulton County, Georgia. Atlanta Memorial Park. Section 10. The corporate limits of the City of Atlanta are hereby enlarged and extended so as to include and embrace within the corporate limits of said city all the following described property located in the 14th District of Fulton (formerly Fayette) County and more particularly described as follows: Limits extended. All of Land Lots 2, 36, 41, 42, 43, 44, 64, 65 and 66. Section 11. All of the above described property shall be and become a part of Ward 9 of the City of Atlanta until January 1, 1954, when it shall become a part of Ward 7 subject to the powers of the mayor and general council to vary the wards as otherwise provided in this charter, as amended. Section 12. 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 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 police department, city tax assessors and receivers, building inspector, treasurer, clerk of council, 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

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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. Section 13. When the territory described in the preceding section, becomes a part of the City of Atlanta, it shall likewise become a part of the independent school system in Atlanta, and the school property located within said territory shall become the property of said city. Section 14. 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. Section 15. That all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, M. M. Smith, 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. 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, convening

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in January, 1953, 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 28, 1874, and the several Acts amendatory thereof, and for other purposes. This December 16, 1952. J. C. Savage, City Attorney. Dec. 17 24 31 tfn. This 31 day of January, 1953. /s/ M. M. (Muggsy) Smith. Sworn to and subscribed before me, this 31 day of January, 1953. /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. (Seal). My commission expires Oct. 7, 1956. Approved March 12, 1953. MARION COMMISSIONERS. No. 493 (House Bill No. 605). An Act to abolish the office of County Treasurer for Marion County; to transfer the duties of the office of treasurer to the board of commissioners of said county; to provide that the clerk of the board of commissioners shall be the disbursing officer; to provide for bond; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. The office of County Treasurer of Marion County is abolished effective at the end of the term of office of the person presently serving as county treasurer. Provided, that in the event a vacancy occurs in said office for any reason whatsoever prior to the end of said term, the office shall be abolished effective on the date of such vacancy. Office of Treasurer abolished. Section 2. All duties heretofore exercised by the treasurer of said county shall be assumed by the Board of Commissioners of Roads and Revenues of Marion County. The clerk of the board shall be the disbursing officer and shall be required to make bond by a surety company doing business in the State of Georgia in the sum of fifteen thousand ($15,000.00) dollars. The premium on said bond shall be paid by Marion County. Clerk as disbursing officer. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1953 session of the General Assembly of Georgia a bill to abolish the office of Treasurer of Marion County at end of term or before if vacancy occurs; to transfer duties thereof to board of commissioners; and for other purposes. This day of January, 1953. E. C. Stevens, Representative Marion County, O. N. Singleton, Senator, 24th District. Georgia, Marion County: Personally appeared before me, the undersigned authority duly authorized to administer oaths, B. L. Tyler, who, on oath, deposes and says that he is publisher of the Marion County Patriot which is the official organ of Marion County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

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in said paper on the following dates: Jan. 22, 1953, Jan. 29, 1953, and Feb. 5, 1953. /s/ B. L. Tyler, Publisher, Marion County Patriot. Sworn to and subscribed before me, this 14 day of Feby., 1953. /s/ Thos. H. Mahone, Ordinary Talbot Co., Ga. Seal Affixed. Approved March 12, 1953. TAX RECEIVER'S COMMISSIONS IN CERTAIN COUNTIES. No. 494 (House Bill No. 450). An Act to provide that the tax receiver in all counties of the State having a population of not less than 32,000 and not more than 33,000, according to the United States census of 1950, and all future United States censuses, shall be paid from ad valorem school tax collected for the county board of education a commission of two and one-half percent of the net amount collected by the county tax collector; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the tax receiver in all counties of the State having a population of not less than 32,000 and not more than 33,000 according to the United States census of 1950, and all future United States censuses, shall be paid from the ad valorem school tax collected for the county board of education a commission of two and one-half percent of the net amount collected.

Page 3306

Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 12, 1953.

Page 3307

APPELLATE COURTS SUPREME COURT OF GEORGIA HON. W. H. DUCKWORTH Chief Justice HON. WILLIAM Y. ATKINSON Presiding Justice HON. J. H. HAWKINS Associate Justice HON. BOND ALMAND Associate Justice HON. LEE B. WYATT Associate Justice HON. T. GRADY HEAD Associate Justice HON. T. S. CANDLER Associate Justice ROBERT H. BRINSON, JR. Law Assistant A. B. ESTES Law Assistant L. HAROLD GLORE Law Assistant CLAUDE M. HOUSER Law Assistant T. E. DUNCAN Law Assistant MAUD SAUNDERS Law Assistant EFFIE A. MAHAN Law Assistant ARTHUR H. CODINGTON Reporter GEO. H. RICHTER Assistant Reporter KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk LEWIS R. WADDEY Sheriff COURT OF APPEALS OF GEORGIA HON. I. H. SUTTON Chief Judge HON. JULE W. FELTON Judge HON. B. C. GARDNER Judge HON. J. M. C. TOWNSEND Judge HON. C. W. WORRILL Judge HON. IRA CARLISLE Judge GEORGE HIBBERT Law Assistant M. ROSCOE LOWERY Law Assistant MRS. GLADYS T. MEDLOCK Law Assistant MRS. ALFREDDA WILKERSON Law Assistant GRADY ALMAND Law Assistant JOHN E. HOGG Law Assistant WILLIAM G. ENGLAND Clerk MORGAN THOMAS Deputy Clerk J. I. GUICE Sheriff ARTHUR H. CODINGTON Reporter GEORGE RICHTER Assistant Reporter

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SUPERIOR COURT CALENDAR FOR 1953 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. EDWIN R. SMITH, Judge, Nashville. BEN T. WILLOUGHBY, Solicitor-General, Homerville. 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 Mondays 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. DecaturFirst Mondays in May and November. DoughertyThird Mondays in March and September. GradyFirst Monday in March, and first Monday in September. MitchellSecond Mondays in January, April, July 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.

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ATLANTIC CIRCUIT. HON. MELVILLE PRICE, Judge, Ludowici. BRUCE D. DUBBERLY, Solicitor-General, Glennville. BryanThird Monday in March and first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Mondays in February and May, second Monday in September, and first Monday in December. TattnallThird Mondays in April and October. AUGUSTA CIRCUIT. HONS. GROVER C. ANDERSON, Waynesboro; F. FREDERICK KENNEDY, Augusta, Judges. 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. H. GRADY VANDIVIERE, Solicitor-General, Canton. CherokeeThird Monday in January; First Monday in May; Second Monday in September. FanninFourth Mondays in April and August; Second Monday in December. ForsythFourth Mondays in March and July, and third Monday in November. GilmerSecond Monday in November; third Monday in May. PickensFirst Monday in April, and fourth Monday in September.

Page 3310

BRUNSWICK CIRCUIT. HON. DOUGLAS F. THOMAS, Judge, Jesup. W. GLENN THOMAS, Solicitor-General, Jesup. ApplingSecond and third Mondays in February. CadmenFirst 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. RUSSELL C. DAVISON, JR., Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisThird and fourth Mondays in January; third and fourth Mondays in July. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, April, June, August, October and December. TalbotSecond Mondays in March and September. TaylorFirst and second Mondays in January; first and second Mondays in July. CHEROKEE CIRCUIT. HON. J. H. PASCHALL, Judge, Calhoun. ERWIN MITCHELL, Solicitor-General, Dalton. BartowSecond Mondays in January and July; fourth Mondays in April and October. 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.

Page 3311

COBB CIRCUIT. HON. JAMES T. MANNING, Judge, Marietta. LUTHER C. HAMES, JR., Solicitor-General, Marietta. CobbSecond Mondays in February, April, June, August, October, and first Monday in December. CORDELE CIRCUIT. HON. WENDELL HORNE, JR., 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. WilcoxFirst Monday in March; fourth Mondays in June and November, and the Mondays following each of them. COWETA CIRCUIT. HON. SAMUEL J. BOYKIN, Judge, Carrollton. WRIGHT LIPFORD, Solicitor-General, Newnan. CarrollFirst Mondays in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in February, May, August, and November.

Page 3312

DUBLIN CIRCUIT. HON. RUFUS I. STEPHENS, Judge, Dublin. W. W. LARSEN, Jr., Solicitor-General, Dublin. JohnsonThird and fourth Mondays in March and September. LaurensFourth Mondays in January, April, July and October. TwiggsSecond Mondays in April and October. EASTERN CIRCUIT. HON. DAVID S. ATKINSON, Judge, Savannah. ANDREW J. RYAN, Solicitor-General, Savannah. ChathamFirst Mondays in December, March, June and September. 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.

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LOOKOUT MOUNTAIN CIRCUIT. HON. FREEMAN C. McCLURE, Judge, LaFayette. EARL B. (BILL) SELF, Solicitor-General, Summerville CatoosaFirst Mondays in February and August, and second Mondays in May and November. DadeThird Mondays in March, June and September, and second Monday in December. ChattoogaFourth Mondays in January, April, July and October. WalkerThird Mondays in February and August, and first Mondays in May and November. MACON CIRCUIT. HONS. MALLORY C. ATKINSON, Macon; A. M. ANDERSON, Perry, Judges. WILLIAM M. WEST, 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 Monday and second Monday 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.

Page 3314

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, October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. Non-Jury: First Mondays in January and July. NORTHEASTERN CIRCUIT. HON. HERBERT R. EDMONDSON, Judge, Gainesville. JEFF WAYNE, Solicitor-General, Gainesville. DawsonFirst Mondays in March, and August. HallThird Monday in January, first Monday in May, third Monday in July, and first Monday in November. LumpkinThird Mondays in March 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.

Page 3315

OCMULGEE CIRCUIT. HON. GEORGE S. CARPENTER, Judge, Milledgeville. GEORGE D. LAWRENCE, Solicitor-General, Eatonton. 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. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond and third Mondays in March and September, and second Mondays in June and December. TelfairFourth Mondays in February and June, and third and fourth Mondays in October. TreutlenThird Mondays in February and August. WheelerSecond Mondays in February and October, and third Monday in June. OGEECHEE CIRCUIT. HON. J. L. RENFROE, Judge, Statesboro. 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. ScrevenSecond Mondays in January, April and July; third Monday in November.

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PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Mondays in March and November. 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 Mondays in March and September. BarrowFourth Mondays in March and September; third Mondays in June and December. GwinnettFirst Mondays in March, June, and December; first Tuesday after first Monday in September. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. H. E. NICHOLS, Judge, Rome. CHASTINE PARKER, Solicitor-General, Rome. FloydSecond Mondays in January, April, July, and October. 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.

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SOUTHWESTERN CIRCUIT. HON. CLEVELAND REES, Judge, Preston. CHARLES BURGAMY, SolicitorGeneral, Americus. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in February and August. StewartSecond Mondays in January and July. SumterFourth Mondays in May and November. WebsterFirst Mondays in April and October. STONE MOUNTAIN CIRCUIT. HONS. FRANK H. GUESS, Decatur; CLARENCE R. VAUGHN, Conyers, Judges. ROY C. LEATHERS, SolicitorGeneral, 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. WILLIAM W. MUNDY, Judge, Cedartown. HAL C. HUTCHENS, SolicitorGeneral, Dallas. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August.

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TIFTON CIRCUIT. HON. 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, SolicitorGeneral, Warrenton. GlascockThird Mondays in February, May, August, and November. LincolnFourth Mondays in January, April, July, and October. McDuffieFirst Mondays in March, June, September, and December. TaliaferroFourth Mondays in February, May, August, and November. WarrenFirst Mondays in April, July and October, and third Monday in January. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. WALTER THOMAS, Judge, Waycross. J. R. WALKER, Solicitor-General, Blackshear. BaconFirst Mondays in February and August; fourth Monday in May; third Monday in November. BrantleyThird Monday in January, first Monday in April; third Monday in September; and fourth Monday in November. CharltonFourth Mondays in March and September. CoffeeSecond and third Mondays in March and October; second Monday in June; first Tuesday after the first Monday in January. PierceSecond Monday in January; first Mondays in May and December; third Monday in August. WareFourth Mondays in January, April, July, and October.

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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 3320

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Alma; tax for promoting industries 566 Bacon County; special tax for promotion purposes 409 Baker County; board of education 298 Clarke County; board of education 560 Coffee County; board of education 549 Coffee County; board of education 569 Coffee County; tax for promotion purposes 547 Echols County; board of education 620 Tift County; board of education 553 CODE SECTIONS. 13-130513-1310AmendingConversion of state banks into national banks 67 20-506AmendingAttorney's fees on notes, etc. 545 21-105AmendingCoroner's fees in counties of 30,000 to 30,500 41 21-105AmendingCoroner's fees 210 Ch. 21-2AmendingPost Mortem Examination Act 602 21-209AmendingCoroner's juries 204 24-2101AmendingTime and place for holding courts of ordinary 520 24-2715AmendingIndex of instruments in certain counties 64 24-2727AmendingClerks of superior courts prohibited from charging fees for recording veterans' discharge certificates 32 24-2727AmendingFees of clerk of superior court in counties of 100,000 to 110,000 235 26-2609AmendingPunishment for cattle stealing 14 26-2611AmendingPunishment for hog stealing 377 27-906AmendingForfeiture of bonds and recognizances 452 30-125AmendingRemoval of divorce disabilities 257 32-706AmendingInstruction in history, etc. 532 32-904AmendingCompensation of board of education members in counties of 8,000 to 8,300 523 Ch. 34-19AmendingVoting machines in counties of more than 300,000 and municipalities therein 624 34-3303AmendingAbsentee voting 579 34-3307AmendingAbsentee voting 579 35-204AmendingCost of patient care, Milledgeville State Hospital 524 35-23235-234RepealingMilledgeville State Hospital 524 Ch. 36-11AmendingCondemnation procedure in counties and cities of 250,000 or more 360 42-102AmendingChief Drug Inspector's assistants 395

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42-205, 42-209AmendingConcentrated feeding stuffs, inspection fees and tax stamps 418 45-402AmendingRegister for posting lands 72 45-503RepealingFish sellers' licenses 602 47-101AmendingApportionment of Members of House of Representatives 10 49-203AmendingSale or exchange of property by guardians 389 54-604AmendingEmployment Security Act 327 54-609AmendingEmployment Security Act 327 54-622AmendingEmployment Security Act 327 54-622AmendingEmployment Security Act 327 56-224AmendingInvestments by insurance companies 108 67-2001, 67-2002AmendingLaborers' and materialmen's liens (architects included) 582 67-2004AmendingMechanics' and materialmen's liens 544 68-201AmendingLicense and registration of motor vehicles 392 68-202, 68-205, 68-206, 68-207AmendingRegistration of motor vehicles 366 77-202RepealingCounty convict camps 26 77338RepealingCounty convict camps 26 78-204AmendingPension for widows of Confederate soldiers 48 81-301AmendingContinuation for failure to serve copies of demurrers and pleas 21 83-120AmendingPrivate ways, removal of obstructions 519 84-1105AmendingOptometrists' qualifications 114 84-1611AmendingBilliard playing by minors 66 84-9903AmendingUnauthorized practice of architecture 387 85-707AmendingPension trusts, etc., created by employer for employees exempt 42 85-1604AmendingAppointment and compensation of processioners 202 85-1610AmendingAppointment and compensation of processioners 202 87-802, 87-803AmendingRevenue Certificate Act 489 87-809AmendingRevenue Certificate Act 489 92-3102AmendingCorporation income taxes 625 92-3106AmendingPersonal income tax exemptions 272 92-3106(h)AmendingExemptions allowed trusts and estates 297 92-3107AmendingReporting income taxes on installment plan 287 92-3109AmendingDeductions from gross income 274 92-3109AmendingIncome taxes 279 92-3119AmendingCapital gains and losses 267 92-3119AmendingIncome taxes 279 92-3303AmendingIncome taxes 279 92-3305AmendingIncome taxes 279 92-3305AmendingInterest on overdue payments 294 92-4101AmendingMunicipal tax rates 372

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92-5301AmendingCommissions of tax receivers and tax collectors 234 95-811AmendingAdoption of Alternative Road Law by counties 209 95-1001AmendingDefective bridges 120 95-2001RepealingRoad signs and advertisements 201 97-1715AmendingCondemnation of rights of way, borrow pits, etc. 421 99-1513 (a)AmendingHospital Authorities, contracts with municipalities 450 108-417AmendingInvestments by trustees 108 113-1518AmendingInvestments by administrators and executors 108 92-6910AmendingCounty tax assessments, agent to seek out unreturned property 189 113-607AmendingPetition to probate will in solemn form 535 114-101AmendingEmployee defined 526 COURTS. SUPREME COURT. Compensation of Justices 613 Compensation of Reporter and of Assistant Reporter 51 Justices Emeritus 137 COURT OF APPEALS. Compensation of Judges 613 Compensation of Reporter and of Assistant Reporter 51 SUPERIOR COURTS. Augusta Circuit; solicitor-general's clerks 597 Bacon; terms 52 Chattahoochee Circuit; judge's salary 18 Cherokee; terms 28 Clay; terms 22 Coffee; terms 226 Cordele Circuit; fines and forfeitures 538 Coweta; terms 23 Eastern Circuit; solicitor-general and assistants 175 Fannin; terms 64 Forsyth; terms 181 Gilmer; terms 23 Gwinnett; terms 111 Johnson; terms 222 Lookout Mountain Circuit; fines and forfeitures 205 McDuffie; deputy clerk's salary 2727 Muscogee; terms 12 Northern Circuit; solicitor-general's salary 57

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Stone Mountain Circuit; reporter's salary 121 Tifton Circuit; solicitor-general's salary 35 Wilcox; terms 56 Compensation of clerk and assistants in counties of 26,225 to 26,550 598 CITY COURTS. Albany; compensation of judge and of solicitor 2161 Blakely; salary of judge and of solicitor 3067 Brunswick; judge's salary 2065 Buford; compensation of judge, sheriff and clerk 3224 Carrollton; judge's salary 2937 Dalton; establishing Act 2128 Dublin; salary of judge and of solicitor 2248 Eastman; procedure and practice 2514 Floyd County; trials, juries, procedure and practice 2260 Hinesville; judge's salary 2105 Hinesville; judge's salary 2180 LaGrange; judge's salary 2964 Ludowici; amendments 2185 Ludowici; judge's salary 2740 Macon; assistant solicitor 3191 Pembroke; judge's salary, terms, procedure 2511 Richmond County; Judge Emeritus 2528 Savannah; judge's salary 2178 Sylvania; terms 2442 Sylvester; judge's salary, solicitor's salary, reporter, practice and procedure 3273 Waycross; judge's salary 2202 Waycross; procedure and practice 2204 Waycross; solicitor's salary 2199 Assistant solicitor in counties of 108,000 to 112,000 2547 CIVIL COURTS. DeKalb County; clerk and deputies, liens 3295 DeKalb County; lawbooks to; a resolution 2640 Fulton County; judges and solicitor 2803 COUNTY COURTS. Echols; establishing Act 3195 CRIMINAL COURTS. Fulton County; judges and solicitor 2803 Fulton County; lawbooks to; a resolution 2648

Page 3324

JUVENILE COURTS. Employees in counties of less than 50,000 352 Fulton; judges and solicitor 2803 MUNICIPAL COURTS. Augusta; salaries 2627 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Atkinson; tax commissioner 2588 Augusta-Richmond County Building Authority Act repealed 2708 Bacon; special tax for promotion purposes; proposed amendment to the Constitution 409 Baker; board of education; proposed amendment to the Constitution 298 Baker; commissioners 2721 Baldwin; commissioners' salary 2623 Ben Hill; commissioners 2677 Bibb; board of public education and orphanage, land conveyance 2067 Bibb; commissioners' compensation 2230 Bibb; lawbooks to; a resolution 2973 Bleckley; compensation of officers 2196 Brooks; land conveyance authorized; a resolution 466 Bryan; ordinary's compensation 2436 Bulloch; commissioners 3040 Bulloch; tax commissioner 3058 Burke; ordinary's compensation 2183 Butts; commissioners 2070 Carroll; tax commissioner's salary 2936 Catoosa; commissioners 2293 Chatham; commissioners 2210 Chatham; homestead exemptions 2538 Chatham; pension system 2487 Chatham; traffic commission for Savannah and Chatham County 2429 Chattahoochee; superintendent of roads 2325 Chattooga; lawbooks to; a resolution 2972 Clarke; board of education; proposed amendment to the Constitution 560 Clay; commissioners 2326 Clayton; commissioner 2610 Clinch; commissioners 2723 Cobb; commissioners 3009 Cobb; compensation of officers 2550 Cobb; planning commission 2788 Cobb; tax commissioner's compensation 2554 Coffee; board of education; proposed amendment to the Constitution 569 Coffee; board of education; proposed amendment to the Constitution 549

Page 3325

Coffee; tax commissioner's salary 2322 Coffee; tax for promotion purposes; proposed amendment to the Constitution 547 Colquitt County Airport Authority 3035 Columbia; commissioners' compensation 2319 Cook; lawbooks to; a resolution 2954 Cook; tax commissioner's cmpensation 2822 Coweta; lawbooks to; a resolution 2414 Crawford; commissioners 2164 Crisp; lawbooks to; a resolution 2979 Decatur; contracts with City of Bainbridge for fire protection 2633 , 2655 DeKalb; commissioners 3249 DeKalb; commissioner's salary 3084 DeKalb; local government commission 2461 Dooly; commissioners 3291 Dougherty; solicitation of votes near polling places 2417 Dougherty; tax commissioner 2419 Douglas; commissioners' compensation; clerk 2299 Echols; board of education; purchases 2003 Echols; board of education; proposed amendment to the Constitution 620 Echols; commissioners 2054 Emanuel; commissioners 2675 Fannin; commissioner 2232 Floyd; candidacy for House of Representatives 3090 Floyd; commissioners 2078 Floyd; commissioners 2073 Floyd; water, sanitation, fire protection 2213 Forsyth; sheriff's compensation 2457 Franklin, commissioner of roads and bridges 3030 Fulton; board of education 2800 Fulton; board of education employees 2784 Fulton; building inspection 2695 Fulton; civil service system 3813 Fulton; collection of City of Atlanta taxes 2809 Fulton; fire protection 2706 Fulton; group insurance of employees 2774 Fulton; health and sanitation 2718 Fulton; judges' and solicitor-generals' retirement fund 2958 Fulton; retirement system 2699 Gilmer; commissioner 3070 Gordon; commissioner's compensation 2452 Gordon; lawbooks to; a resolution 2644 Habersham; lawbooks to; a resolution 2641 Habersham; zoning 2670 Hall; commissioners 2224 Hall; zoning 2220 Haralson; lawbooks to; a resolution 2636 , 2638

Page 3326

Hart; tax commissioner's compensation 2184 Houston; commissioners' compensation 2575 Houston; tax receiver's commissions 2581 Irwin; commissioners' compensation 2516 Irwin; tax commissioner 2495 Lamar; commissioners' compensation 2302 Lamar; tax commissioner's compensation 2107 Lanier; tax commissioner's salary 3042 Lincoln; commissioners 2483 Lincoln; tax receiver's compensation 2943 Long; commissioners' clerk 2720 Long; sheriff's compensation 2535 Macon; lawbooks to; a resolution 2647 Marion; commissioners 3303 Marion; sheriff's salary 2713 Marion; tax commissioner 2805 Marion; treasurer's salary 2701 Monroe; tax commissioner's compensation 3072 Montgomery; commissioners 2729 Morgan; lawbooks to; a resolution 2646 Murray; tax commissioner's salary 2444 Muscogee; board of health 2061 Muscogee; commissioners 2050 Muscogee; commissioners 2095 Newton; lawbooks to; a resolution 2639 Oglethorpe; commissioners 2652 Paulding; tax commissioner 3074 Pike; commissioners' compensation 2738 Pike; lawbooks to; a resolution 2642 Polk; lawbooks to; a resolution 2416 Quitman; commissioners 2770 Quitman; ordinary's compensation 2208 Quitman; sheriff's compensation 2275 Rabun; lawbooks to; a resolution 2415 Randolph; tax commissioner 2948 Richmond; board of health pension system 3262 Richmond; commissioners 2548 Richmond; election of members of board of education 2440 Richmond; occupation taxes and licenses 2438 Richmond; street and sidewalk improvements 2505 Rockdale; attorney's salary 2620 Rockdale; commissioners 2608 Rockdale; commissioners' salary 2298 Seminole; tax commissioner 2433 Spalding; commissioners 2606 Spalding; Griffin-Spalding County school system 2563 Stewart; sheriff's compensation 2209 Sumter; ordinary's compensation 2215 Talbot; compensation of commissioners 2188

Page 3327

Talbot; lawbooks to; a resolution 2413 Talbot; tax commissioner's compensation 2696 Taliaferro; board of education expenditures 2253 Taliaferro; board of education purchases 2256 Taliaferro; commissioners' expenditures 2254 Taliaferro; commissioners' purchases 2271 Taliaferro; land conveyance to, authorized; a resolution 617 Tattnall; ordinary's compensation 2626 Taylor; compensation of commissioners 2808 Telfair; commissioner 2525 Telfair; sheriff's salary 2243 Telfair; tax commissioner 2527 Thomas; depository 3022 Tift; board of education; proposed amendment to the Constitution 553 Toombs; commissioner's compensation and expenses, clerk 2069 Treutlen; commissioners' clerk 3115 Treutlen; ordinary's compensation 3065 Treutlen; tax commissioner's compensation 2986 Turner; commissioners' bond; clerk; warden; county attorney; county physician 2284 Turner; lawbooks to; a resolution 2637 Turner; sheriff's bond 2291 Union; lawbooks to; a resolution 2635 Union; tax commissioner's salary 2502 Upson; commissioners 3286 Ware; lawbooks to; a resolution 2645 Warren; commissioner, compensation and expenses 2076 Warren; tax commissioner 2519 Warren; tax receiver's compensation 2273 Wayne; tax appraisals 2561 Wayne; tax commissioner's salary 2235 Webster; tax commissioner 2523 White; White County-Cleveland planning commission 2987 Whitfield; commissioners 2145 Whitfield; tax commission 2124 Wilcox; lawbooks to; a resolution 2643 Wilkinson; compensation of commissioners 3237 COUNTIES AND COUNTY MATTERSBY POPULATION. Abandoned open wells or holes in counties of 4,520 to 4,820 2688 Assistant solicitor-general in counties of 108,000 to 112,000 2477 Boards of education; compensation of members in counties of 62,800 to 63,000 517 Boards of education, compensation of members in counties of 8,000 to 8,300; Code 32-904 amended 523 Budget in counties of 300,000 or more 3815 Building inspector in counties of 9,500 to 9,550 2316

Page 3328

City-County board of tax assessors in counties of 300,000 or more 2792 City-county board of tax assessors in counties of 300,000 or more 2801 Compensation of clerk of superior court, sheriff, tax commissioner in certain counties (Ga. L. 1943, pp. 433-438) 2422 Condemnation procedure in counties and cities of 250,000 or more 360 Coroners and coroner's jurors; fees in counties of 49,000 to 60,000 2241 Coroner's fees in counties of 30,000 to 30,500; Code 21-105 amended 41 County convict camps; Code 77-202, 77-338 repealed 26 County welfare departments, destruction of obsolete case records 17 Court reporters in counties having a city of 65,000 to 95,000 2475 Fines and forfeitures; distribution in counties of 6,700 to 6,740 2501 Fines in traffic cases in counties of 7500 to 7600 2163 Health regulations in counties of 300,000 or more 2777 Index of instruments affecting property in counties of 12,160 to 12,190; Code 24-2715 amended 64 Ordinary's clerk and assistant in certain counties (Ga. L. 1950, p. 2389 amended) 2493 Ordinary's salary in counties of 300,000 or more 2947 Pension study commission in counties of 300,000 or more 2823 Police department pensions in counties 200,000 or more 2786 Procedure for establishment of county public works camps 14 Qualifications of ordinary in counties of 100,000 or more 2739 Road tax in counties of 40,000 to 43,000 3277 Road work in counties of 300,000 or more 2703 Salaries of officers in counties of 100,000 to 110,000 3213 Sentence by ordinary for hunting or fishing without license in counties of 12,202 to 12,387 2698 Sheriff's expenses in counties of 9,883 to 9,893 3277 Solicitor-general's compensation in counties of 100,000 to 110,000 2480 Superior court reporter; compensation in counties of 100,000 to 110,000 2482 Tax assessors' clerk in counties of 115,000 to 135,000 2240 Tax receiver's commissions in counties of 32,000 to 33,000 3305 Tax receiver's commissions in counties of 20,960 to 20,965 2418 Taxation; agents to seek out unreturned property; Code 92-6910 amended 189 MUNICIPAL CORPORATIONSNAMED CITIES. Albany; city commissioners 2621 Albany; conveyance of land to, authorized 402 Albany; pension system 2098 Alma; limits 2900 Alma; tax for promoting industries; proposed amendment to the Constitution 566

Page 3329

Americus; tax rate 2794 Atlanta; charter amendments 2047 Atlanta; charter amendments 2189 Atlanta; charter amendments 2798 Atlanta; charter amendments 2997 Atlanta; charter amendments 3297 Atlanta; city funds, limits 2335 Atlanta; collection of taxes 2809 Atlanta; limits extended 2152 Atlanta; passageways over or under streets 2258 Atlanta; personnel board 2827 Atlanta; sale of water main 2151 Atlanta; tax executions, sale of tank, lease, subdivisions, planning engineer 2490 Atlanta; traffic law enforcement commission 3184 Augusta; assessments for drains and sewers 2585 Augusta; closing of portion of Gwinnett Street and of Sibley Street authorized 2532 Augusta; election of councilmen 2237 Augusta; pension system 3282 Augusta-Richmond County Building Authority Act repealed 2708 Avondale Estates; charter amendments 3107 Baconton; charter 2828 Bainbridge; charter amendments 3094 Bainbridge; contracts with county for fire protection 2633 , 2655 Baldwin; water system, fire protection 2158 Barnesville; charter amendments 2006 Blackshear; charter amendments 2779 Bowdon; tax rate; Code 92-4101 amended 372 Bowdon; taxes 2897 Bremen; closing of part of Flint Street authorized 2265 Bremen; eminent domain 3091 Buchanan; tax assessments 2616 Byron; name changed to City of Byron 2579 Cairo; gas distribution system 2714 Calhoun; commissioners 2194 Camilla; gas distribution system 2118 Camilla; treasurer 2577 Carrollton; clerk 2945 Carrollton; street and sidewalk improvements 3061 Carrollton; waterworks and sewerage, funds 2951 Chamblee; recorder, sanitary tax 2447 Chatsworth; charter 2340 Cleveland; White County-Cleveland planning commission 2987 Coleman's Lake; charter 3076 College Park; limits 3098 Columbus; closing of part of Ninth Avenue and of Sixteenth Street authorized 2308 Columbus; commissioners, election and terms 2312

Page 3330

Columbus; election of commissioners 2304 Columbus; street closing authorized 2679 Cumming; charter amendments 3001 Dublin; tax assessments 3293 East Dublin; police court 2245 Ellijay; charter amendments 588 Ellijay; limits 3103 Fayetteville; charter amendments 2901 Fitzgerald; pension system 2120 Fort Valley; gas distribution system 2542 Franklin Springs; charter amendments 2939 Glennville; land conveyance to, authorized; a resolution 259 Griffin-Spalding County school system 2563 Hapeville; limits 2893 Harlem; city manager, police court 2176 Jesup; tax appraisals 3235 Lakeland; registration of voters, eminent domain 2169 Lawrenceville; charter amendments 3227 Lawrenceville; city manager 3187 Lincolnton; charter 3117 Louisville; appraisal of taxable property 2109 Macon; abandonment of part of Ash Street 2085 Macon; alley closing 2087 Macon; alley closing authorized 2181 Macon; alley closing authorized 2682 Macon; closing of certain streets and alleys for use for hospital 2425 Macon; exchange of land with; a resolution 232 Macon; land conveyance confirmed 3278 Macon; land conveyance confirmed 2941 Macon; limits extended 2662 Marietta; civil service system 3026 Milner; closing of portion of First Street authorized 2227 Mount Zion; charter 3012 Norcross; charter 2741 Odum; charter 3044 Palmetto; charter amendments 2980 Pelham; gas distribution system 2116 Pelham; sewerage and garbage 2111 Richland; elections for mayor and councilmen 2582 Rome; retirement system 2685 , 2690 Royston; gas distribution system 2961 St. Marys; street closing authorized 2186 Savannah; land conveyance to James A. Rourke confirmed 2455 Savannah; traffic commission for Savannah and Chatham County 2429 Smyrna; limits extended 2591 Social Circle; mayor's powers, recorder 2470 Spring Place; alley closing authorized 2458 Statesboro; recorder's court 2466

Page 3331

Stockbridge; elections, utility systems 2657 Summerville; elections, registration of voters 2557 Thomasville; gas system 3112 Trion; school system 2545 Vidalia; school system 2339 Villa Rica; mayor and councilmen 2649 Warrenton, limits 2080 Warrenton; mayor and councilmen 2155 Warrenton; police pension 2083 Waycross; compensation of mayor and commissioners 2103 Waycross; police court 2101 West Point; corporate limits 2276 Woodbine; charter 2903 Woodland; charter amendments 2766 Wrens; appraisal of taxable property 2093 Wrightsville; charter amendments 2171 MUNICIPAL CORPORATIONSBY POPULATION. Condemnation procedure in counties and cities of 250,000 or more 360 Fire department pensions in cities of more than 150,000 2705 Members of city council, eligibility for other office in cities of 71,000 or more 533 Pension system in cities of more than 150,000 2251 Pension system in cities of more than 150,000 2269 Pension system in cities of more than 150,000 2267 Pension system in cities of more than 150,000 2824 Police pension in cities of 150,000 or more 2717 Primary elections in cities of 200,000 or more 3088 RESOLUTIONS AUTHORIZING PAYMENTS. Compensation to Q. A. Beasley for injuries 3183 Compensation to Mrs. Nina Barnes Belcher for injuries 2955 Compensation to B. M. Boyd for damage to automobile 2968 Compensation to C. A. Burris for damage to automobile 3182 Compensation to B. D. Cravey for injuries 2978 Compensation to Samuel Glen Densmore for damage to automobile 2975 Compensation to H. E. Hartsfield and Mrs. Laura M. Walker for injuries 3288 Compensation to Emory R. Kent for damage to automobile 2957 Compensation to B. T. Raulerson for damage to automobile 2970 Compensation to H. L. Sexton for damage to automobile 2966 Compensation to Strickland Motor Company, Cordele, for automobile repairs 2974 Compensation to Albert Thomas for damage to automobile 2971 Compensation to Miss Rose Thompson for injuries 3290

Page 3332

Compensation to Donald R. Waters for loss of hog 2969 Compensation to White Music Company, Gainesville, for damage to automobile 2977 MISCELLANEOUS RESOLUTIONS. Advertisement of alcoholic beverages 476 Air Force Academy, location in Spalding County 552 Atlanta policemen and firemen killed in line of duty 469 Black Rock Mountain State Park; land exchanges 252 Captain W. M. (Buck) Weaver commended for services to General Assembly 459 Charles S. Floyd Road designated 401 Commission to study retirement system 465 Committee to represent State at presentation of bust of Alexander H. Stephens to State of Virginia 3 Committee to study registration and taxation of motor vehicles 411 Committee to study warehouse system 618 Compromise of certain outstanding wine taxes 470 Congressman Sidney Camp commended for efforts to establish Air Force Academy in Spalding County 400 Conveyance of lands in Butts County authorized 414 Donation of lands for Victoria Bryant State Park 399 Educational system study committee 455 Elijah Clarke Memorial Park designated 230 Erosion control on highways 408 Exchange of lands in Harris County authorized 406 Exchange of lands in Murray County authorized 568 Exchange of park lands in Towns County with Federal Government 461 Extension of leave with John M. King, Jr., authorized 479 Farm price support; memorial to State delegation to Congress 460 Federal motor fuel taxation 573 Federal regulation of utilities; memorial to Congress 403 Former Governor Adlai E. Stevenson requested to address General Assembly 458 Game and Fish Commission 231 Jekyll Island Committee commended 396 Keg Creek State Park 258 Land conveyance to Brooks County authorized 466 Land conveyance to City of Albany 402 Land conveyance to City of Glennville authorized 259 Land conveyance to Taliaferro County authorized 617 Land exchange with City of Macon 232 Lawbooks to Bibb County 2973 Lawbooks to Chattooga County 2972 Lawbooks to Civil Court of DeKalb County 2640 Lawbooks to Criminal Court of Fulton County 2648 Lawbooks to Cook County 2954

Page 3333

Lawbooks to Coweta County 2414 Lawbooks to Crisp County 2979 Lawbooks to Gordon County 2644 Lawbooks to Habersham County 2641 Lawbooks to Haralson County 2636 , 2638 Lawbooks to Macon County 2647 Lawbooks to Morgan County 2646 Lawbooks to Newton County 2639 Lawbooks to Pike County 2642 Lawbooks to Polk County 2416 Lawbooks to Rabun County 2415 Lawbooks to Talbot County 2413 Lawbooks to Union County 2635 Lawbooks to Ware County 2645 Lawbooks to Wilcox County 2643 Location of Air Force Academy in Spalding County; memorial to Congress 405 McIntosh State Park 619 Minimum foundation program; administration of funds 129 Miss Ella May Thornton commended for services 398 Park lands in Chatuge Lake area; procurement from T.V.A. 131 Route 2, Jefferson Davis Highway designated 228 Sale of State lands in Dawson County 227 Sale of State-owned stock in Southern and Atlantic Telephone Company 413 Sales tax study committee 475 Tribute to Honorable Alex Boone 478 Vocational education; memorial to Georgia delegation to Congress 456

Page 3334

INDEX A ABSENTEE VOTING. See Elections . ACTIONS AND DEFENSES Title to land, actions respecting; when prima facie case made 63 ADMINISTRATORS AND EXECUTORS Investments; Code 113-1518 amended 108 Leases of real property 44 Sale of stock and bonds 378 Temporary administrators, discharge 451 ADOPTION Administrative expenses, reimbursement to county and district welfare departments 33 ADVERTISEMENTS. See Alcoholic Beverages . AGRICULTURAL PRODUCTS. See Eggs; Sunday . AGRICULTURE Farm price support; memorial to State delegation to Congress; a resolution 460 AIR FORCE ACADEMY Congressman Sidney Camp commended for efforts to secure establishment of Air Force Academy in Spalding County, a resolution 400 Location in Spalding County; a resolution 552 Location in Spalding County; memorial to State delegation to Congress 405 AIR RAIDS Owner of property used for air raid shelters to be held harmless for injuries to invitees 354 ALBANY City commissioners 2621 Conveyance of land to, authorized; a resolution 402 Pension system 2098

Page 3335

ALBANY, CITY COURT OF Compensation of judge and of solicitor 2161 ALCOHOLIC BEVERAGES Advertisement of; a resolution 476 ALMA Limits 2900 Tax for promoting industries; proposed amendment to the Constitution 566 ALTERNATIVE ROAD LAW How adopted by county; Code 95-811 amended 209 ALTO TUBERCULOSIS SANATORIUM Transfer of property to State Hospital Authority 62 AMERICUS Tax rate 2794 ANIMALS. See Livestock . ANNULMENT. See Marriage . APPEARANCE BONDS Cash bonds in traffic cases 331 Forfeiture; Code 27-906 amended 452 APPROPRIATIONS General appropriations act 151 ARCHITECTS. See Liens . Unauthorized practice; Code 84-9903 amended 387 ATKINSON COUNTY Tax commissioner 2588 ATLANTA Charter amended; tax executions, sale of tank, lease, subdivisions, planning engineer 2490 Charter amendments 2189 , 2798 , 2997 , 3297

Page 3336

City funds; limits 2335 Collection of taxes 2809 Fairlie Street easement, treasurer 2047 Limits extended 2152 Passageways over or under streets 2258 Personnel board 2827 Policemen and firemen killed in line of duty; a resolution 469 Sale of water main 2151 Traffic law enforcement commission 3184 ATTORNEY-GENERAL Compensation 613 ATTORNEYS AT LAW Attorney's fees on notes; Code 20-506 amended 545 AUDITOR Compensation 613 AUGUSTA Assessments for drains and sewers 2585 Augusta-Richmond County Building Authority Act repealed 2708 Closing of portion of Gwinnett Street and of Sibley Street authorized 2532 Election of councilmen 2237 Pension system 3282 AUGUSTA JUDICIAL CIRCUIT Solicitor-general's clerks 597 AUGUSTA, MUNICIPAL COURT OF Salaries 2627 AUTOMOBILES License and registration; Code 68-201 amended 392 Reckless driving 376 Registration; Code 68-202, 68-205, 68-206, 68-207 amended 365 Registration and taxation; committee to study 411 Traffic cases, cash appearance bonds 331 AVONDALE ESTATES Charter amendments 3107

Page 3337

B BACON COUNTY Special tax for promotion purposes; proposed amendment to the Constitution 409 BACON SUPERIOR COURT Terms 52 BACONTON Charter 2828 BAINBRIDGE Charter amendments 3094 Contracts with county for fire protection 2633 , 2655 BAKER COUNTY Board of education; proposed amendment to the Constitution 298 Commissioners 2721 BALDWIN Water system; fire protection 2158 BALDWIN COUNTY Commissioners' salary 2623 BANKS AND BANKING Records; permanent retention, etc.; photographic reproductions as evidence 70 State banks, conversion into national banks; Code 13-130513-1310 amended 67 State banks, conversion into national banks 73 Trust companies; conversion into state banking corporations 240 BARNESVILLE Charter amendments 2006 BEASLEY, Q. A. Compensation for injuries 3183 BELCHER, MRS. NINA BARNES Compensation for injuries 2955

Page 3338

BEN HILL COUNTY Commissioners 2677 BIBB COUNTY Board of public education and orphanage; land conveyance 2067 Commissioners' compensation 2230 Lawbooks to; a resolution 2973 BIG CREEK-HARTS CREEK PARK AUTHORITY Establishing Act 3239 BILLIARDS Playing by minors; Code 84-1611, 84-9926 amended 66 BILLS AND NOTES Attorney's fees; Code 20-506 amended 545 BIRTHS. See Vital Statistics Act. BLACK ROCK MOUNTAIN STATE PARK Land exchanges for development; a resolution 252 BLACKSHEAR Charter amendments 2779 BLAKELY, CITY COURT OF Salary of Judge and of solicitor 3067 BLECKLEY COUNTY Compensation of officers 2196 BOARD OF EDUCATION, STATE. See State Board of Education. BOARDS OF EDUCATION. See names of counties; table p. 3324. BOATS Drunken operation prohibited 55 BONDS AND RECOGNIZANCES Cash appearance bonds in traffic cases 331 Forfeiture; Code 27-906 amended 452

Page 3339

BOONE, HONORABLE ALEX Tribute to; a resolution 478 BOWDON Tax rate; Code 92-4101 amended 372 Taxes 2897 BOYD, B. M. Compensation for damage to automobile; a resolution 2968 BREMEN Closing of part of Flint Street authorized 2265 Eminent domain 3091 BRIDGES Defective; condition of contractor's bond, county's liability; Code 95-1001 amended 120 State Bridge Building Authority Act 626 State Toll Bridge Authority Act 302 BROOKS COUNTY Land conveyance to, authorized; a resolution 466 BRUNSWICK, CITY COURT OF Judge's salary 2065 BRYAN COUNTY Ordinary's compensation 2436 BUCHANAN Tax assessments 2616 BUFORD, CITY COURT OF Compensation of judge, sheriff and clerk 3224 BULLOCH COUNTY Commissioners 3040 Tax commissioner 3058 BURKE COUNTY Ordinary's compensation 2183

Page 3340

BURRIS, C. A. Compensation for damage to automobile; a resolution 3182 BUTTS COUNTY Commissioners 2070 BYRON Name changed to City of Byron 2579 C CAIRO Gas distribution system 2714 CALHOUN Commissioners 2194 CAMILLA Gas distribution system 2118 Treasurer 2577 CAMP, SIDNEY Commended for efforts to secure establishment of Air Force Academy in Spalding County 400 CARROLL COUNTY Tax commissioner's salary 2936 CARROLLTON Clerk 2945 Street and sidewalk improvements 3061 Waterworks and sewerage; funds 2951 CARROLLTON, CITY COURT OF Judge's salary 2937 CATOOSA COUNTY Commissioners 2293 CATTLE STEALING Punishment; Code 26-2609 amended 14

Page 3341

CEMETERIES. See Municipal Corporations. CHAMBLEE Recorder; sanitary tax 2447 CHATHAM COUNTY Commissioners 2210 Homestead exemptions 2538 Pension system 2487 Traffic commission for Savannah and Chatham County 2429 CHATSWORTH Charter 2340 CHATTAHOOCHEE COUNTY Superintendent of roads 2325 CHATTAHOOCHEE JUDICIAL CIRCUIT Judge's salary 18 CHATTOOGA COUNTY Lawbooks to; a resolution 2972 CHATUGE LAKE AREA Park lands in; procurement from T.V.A.; a resolution 131 CHEROKEE SUPERIOR COURT Terms 28 CHILDREN. See Adoption. CITY COURT OF ALBANY Compensation of judge and of solicitor 2161 CITY COURT OF BLAKELY Salary of judge and of solicitor 3067 CITY COURT OF BRUNSWICK Judge's salary 2065 CITY COURT OF BUFORD Compensation of judge, sheriff and clerk 3224

Page 3342

CITY COURT OF CARROLLTON Judge's salary 2937 CITY COURT OF DALTON Establishing Act 2128 CITY COURT OF DUBLIN Salary of judge and of solicitor 2248 CITY COURT OF EASTMAN Procedure and practice 2514 CITY COURT OF FLOYD COUNTY Trials; juries; procedure and practice 2260 CITY COURT OF HINESVILLE Judge's salary 2105 Judge's salary 2180 CITY COURT OF LA GRANGE Judge's salary 2964 CITY COURT OF LUDOWICI Amendments 2185 Judge's salary 2740 CITY COURT OF MACON Assistant solicitor 3191 CITY COURT OF PEMBROKE Judge's salary, terms, procedure 2511 CITY COURT OF RICHMOND COUNTY Judge Emeritus 2528 CITY COURT OF SAVANNAH Judge's salary 2178 CITY COURT OF SYLVANIA Terms 2442

Page 3343

CITY COURT OF SYLVESTER Judge's salary, solicitor's salary, reporter, practice and procedure 3273 CITY COURT OF WAYCROSS Judge's salary 2202 Procedure and practice 2204 Solicitor's salary 2199 CIVIL COURT OF DE KALB COUNTY Clerk and deputies, liens 3295 Lawbooks to; a resolution 2640 CIVIL COURT OF FULTON COUNTY Judges and solicitors; qualifications, retirement 2803 CIVIL DEFENSE Air raid shelters; owner to be held harmless for injuries to those seeking shelter therein 354 CLARKE COUNTY Board of education; proposed amendment to the Constitution 560 CLAY COUNTY Commissioners 2326 CLAY SUPERIOR COURT Terms 22 CLAYTON COUNTY Commissioner 2610 CLEVELAND White County-Cleveland planning commission 2987 CLINCH COUNTY Commissioners 2723 COBB COUNTY Commissioners 3009

Page 3344

Compensation of officers 2550 Planning commission 2788 Tax commissioner's compensation 2554 CODE SECTIONS See table , p. 3320. COFFEE COUNTY Board of education; proposed amendment to the Constitution 569 Board of education; proposed amendment to the Constitution; a resolution 549 Tax commissioner's salary 2322 Tax for promotion purposes; proposed amendment to the Constitution 547 COFFEE SUPERIOR COURT Terms 226 COLEMAN'S LAKE Charter 3076 COLLEGE PARK Limits 3098 COLLEGES Public supported schools and colleges, instruction in history, etc.; Code 32-706 amended 532 COLQUITT COUNTY Airport Authority 3035 COLUMBIA COUNTY Commissioners' compensation 2319 COLUMBUS Closing of parts of Ninth Avenue and of Sixteenth Street authorized 2308 Commissioners; election and terms 2312 Election of commissioners 2304 Street closing authorized 2679 COMMISSIONER OF AGRICULTURE Compensation 613

Page 3345

COMMISSIONER OF LABOR Compensation 613 COMMISSIONER OF SECURITIES. See Securities . COMMUNISM. See Subversive Activities Act. COMPTROLLER GENERAL Compensation 613 CONDEMNATION. See Eminent Domain. CONFEDERATE SOLDIERS Pensions for widows; Code 78-204 amended 48 CONSTITUTIONAL AMENDMENTS See table , p. 3320. CONSUMERS' SALES AND USE TAX ACT. See Sales Tax Act. CONVICTS. See Public Work Camps. COOK COUNTY Lawbooks to; a resolution 2954 Tax commissioner's compensation 2822 COOPERATIVES. See Rural Telephone Cooperative Act. CORDELE JUDICIAL CIRCUIT Fines and forfeitures 538 CORONERS Fees; Code 21-105 amended 210 Fees in counties of 30,000 to 30,500; Code 21-105 amended 41 Juries; Code 21-209 amended 204 CORPORATIONS Foreign corporation license taxes 295 Income taxes; Code 92-3102 amended 625 Income tax; executive order of May 20, 1952 confirmed 7 License taxes 290

Page 3346

COUNTIES AND COUNTY MATTERS See names of counties, and table , p. 3324. Defective bridges; Code 95-1001 amended 120 COUNTY COURT OF ECHOLS COUNTY Establishing Act 3195 COUNTY WELFARE DEPARTMENTS Destruction of obsolete case records 17 COURT OF APPEALS Compensation of Judges 613 Compensation of Reporter and of Assistant Reporter 51 COURTS See table , p. 3322. COVENANTS See Land . COWETA COUNTY Lawbooks to; a resolution 2414 COWETA SUPREME COURT Terms 23 CRAVEY, B. D. Compensation for injuries 2978 CRAWFORD COUNTY Commissioners 2164 CRIMINAL COURT OF FULTON COUNTY Judges and solicitors; qualifications, retirement 2803 Lawbooks to; a resolution 2648 CRIMINAL LAW. See names of crimes and misdemeanors . Pre-sentence psychiatric examination in counties of 300,000 or more 133 CRISP COUNTY Lawbooks to; a resolution 2979

Page 3347

CUMMING Charter amendments 3001 D DALTON, CITY COURT OF Establishing Act 2128 DEATHS. See Vital Statistics Act . Post Mortem Examination Act; Code Ch. 21-2 amended 602 DECATUR COUNTY Contracts with City of Bainbridge for fire protection 2633 , 2655 DEEDS Index of instruments affecting property in counties of 12,160 to 12,190; Code 24-2715 amended 64 DE KALB COUNTY Commissioners 3249 Commissioner's salary 3084 Local government commission 2461 DE KALB COUNTY, CIVIL COURT OF Clerk and deputies, liens 3295 Lawbooks to; a resolution 2640 DENSMORE, SAMUEL GLEN Compensation for damage to automobile 2975 DEPARTMENT OF MINES, MINING AND GEOLOGY Prospecting for water supplies 5 DIVORCE Registration 534 Removal of disabilities; Code 30-125 amended 257 DOOLY COUNTY Commissioners 3291 DOUGHERTY COUNTY Solicitation of votes near polling places 2417 Tax commissioner 2419

Page 3348

DOUGLAS COUNTY Commissioners' compensation; clerk 2299 DRUG INSPECTION Chief Drug Inspector's assistants; Code 42-102 amended 395 DRUNKEN DRIVING Boats, drunken operation of, prohibited 55 DUBLIN Tax assessments 3293 DUBLIN, CITY COURT OF Salary of judge and of solicitor 2248 E EAST DUBLIN Police court 2245 EASTMAN, CITY COURT OF Procedure and practice 2514 EASTMAN JUDICIAL CIRCUIT Solicitor-General and assistants 175 ECHOLS COUNTY Board of education; proposed amendment to the Constitution 620 Board of education; purchases 2003 Commissioners 2054 ECHOLS COUNTY, COUNTY COURT OF Establishing Act 3195 EDUCATION See Colleges; High Schools; Minimum Foundation Program; Schools . Educational system study committee; a resolution 455 Vocational education; memorial to Georgia delegation to Congress; a resolution 456 EDUCATION, STATE BOARD OF. See State Board of Education .

Page 3349

EGGS Marketing; Acts of 1935 and 1937 amended 49 ELECTIONS Absentee voting, witnssing; Code 34-3303, 34-3307 amended 579 Absentee voting by servicemen 244 Primary elections in cities of 200,000 or more 3088 Referendum elections, certification of results 523 Voting machines authorized in counties of more than 300,000 and municipalities therein; Code Ch. 34-19 amended 624 ELIJAH CLARKE MEMORIAL PARK A resolution designating 230 ELLIJAY Charter amendments 588 Limits 3103 EMANUEL COUNTY Commissioners 2675 EMINENT DOMAIN Condemnation of rights of way, borrow pits, etc.; Code 97-1715 amended 421 Condemnation procedure in counties and cities of 250,000 or more; Code Ch. 36-11 amended 360 EMPLOYEES' RETIREMENT SYSTEM Amendments 349 Survivors' benefits 323 EMPLOYMENT SECURITY Act amended; Code 5-622, 54-604, 54-609, 54-622 amended 327 EROSION Control on highways; a resolution 408 EVIDENCE. See Witnesses . Bank records; photographic reproductions as evidence 70 Documents; pre-trial admission of genuiness, etc. 224 EXECUTORS. See Administrators and Executors .

Page 3350

F FANNIN COUNTY Commissioner 2232 FANNIN SUPERIOR COURT Terms 64 FARM PRICE SUPPORT. See Agriculture. FAYETTEVILLE Charter amendments 2901 FEDERAL MOTOR FUEL TAXES A resolution 573 FEDERAL REGULATION OF UTILITIES Memorial to Congress; a resolution 403 FEEDING STUFFS. See Livestock. FINES AND FORFEITURES Disposition of fines in traffic cases 416 Distribution in counties of 6,700 to 6,740 2501 FISH. See Shrimp. FISH SELLERS Code 45-503 repealed 602 FISHING Fishing and shrimping licenses 527 Sentence by ordinary for hunting or fishing without license in counties of 12,202 to 12,387 2698 FISHERMEN Commercial fishermen; licenses 521 FITZGERALD Pension system 2120

Page 3351

FLOYD COUNTY Candidacy for House of Representatives 3090 Commissioners 2073 Commissioners 2078 Water, sanitation, fire protection 2213 FLOYD COUNTY, CITY COURT OF Trials; juries; procedure and practice 2260 FORSYTH COUNTY Sheriff's compensation 2457 FORSYTH SUPERIOR COURT Terms 181 FORT MOUNTAIN STATE PARK Exchange of lands authorized; a resolution 568 FORT VALLEY Gas distribution system 2542 FRANKLIN COUNTY Commissioner of roads and bridges 3030 FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL COMMISSION Land conveyances 118 FRANKLIN SPRINGS Charter amendments 2939 FULTON COUNTY Board of education employees 2784 Board of education 2800 Building inspection 2695 Civil service system 2813 Collection of City of Atlanta taxes 2809 Fire protection 2706 Group insurance of employees 2774 Health and sanitation 2718 Judges' and solicitor-generals' retirement fund 2958 Retirement system 2699

Page 3352

FULTON COUNTY, CIVIL COURT OF Judges and solicitors; qualifications, retirement 2803 FULTON COUNTY, CRIMINAL COURT OF Judges and solicitors; qualifications, retirement 2803 Lawbooks to; a resolution 2648 FULTON COUNTY, JUVENILE COURT OF Judges and solicitor; qualifications, retirement 2803 G GAME AND FISH See Fishermen; Fishing; Shrimp. Commission to study; a resolution 231 GAMES See Billiards. GASOLINE Federal motor fuel taxes; a resolution 573 General Appropriations Act 151 GENERAL ASSEMBLY Candidacy of Representatives of Floyd County 3090 Captain W. M. (Buck) Weaver commended for services; a resolution 459 Committee to study warehouse system; a resolution 618 Former Governor Adlai E. Stevenson requested to address; a resolution 458 Members of House of Representatives; apportionment of members; Code 47-101 amended 10 GEOLOGY. See Department of Mines, Mining and Geology. GILMER COUNTY Commissioner 3070 GILMER SUPERIOR COURT Terms 23 GLENNVILLE Land conveyance to, authorized; a resolution 259

Page 3353

GORDON COUNTY Commissioner's compensation 2452 Lawbooks to; a resolution 2644 GOVERNOR Compensation 613 GRIFFIN Griffin-Spalding County school system 2563 GUARDIANS Leases of real property 44 Sale of stocks and bonds 378 Sale or exchange of property; Code 49-203 amended 389 GWINNETT SUPERIOR COURT Terms 111 H HABERSHAM COUNTY Lawbooks to; a resolution 2641 Zoning 2670 HALL COUNTY Commissioners 2224 Zoning 2220 HAPEVILLE Limits 2893 HARALSON COUNTY Lawbooks to; a resolution 2636 , 2638 HARLEM City manager, police court 2176 HART COUNTY Tax commissioner's compensation 2184 HARTSFIELD, H. E. Compensation for injuries; a resolution 3288

Page 3354

HEALTH CENTERS Grants for construction 214 HIGH SCHOOLS Courses in government 587 HIGHWAYS. See Alternative Road Law; Bridges . Charles S. Floyd Road designated; a resolution 401 Condemnation of rights of way, borrow pits, etc.; Code 97-1715 amended 421 Erosion control; a resolution 408 Jefferson Davis Highway, Route 2, designated; a resolution 228 HINESVILLE, CITY COURT OF Judge's salary 2105 Judge's salary 2180 HOLES Abandoned open wells or holes in counties of 4,520 to 4,820 2688 HOSPITALS. See Milledgeville State Hospital; State Hospital Authority . Compensation for State employees contracting tuberculosis from occupational exposure 513 Grants for construction 214 Hospital authorities, tax powers 103 Hospital Authority Act amended 357 Hospital Authorities Act amended; Code 99-1513 (a) amended 450 HOUSE OF REPRESENTATIVES. See General Assembly . HOUSTON COUNTY Commissioners' compensation 2575 Tax receiver's commissions 2581 HUNTING AND FISHING Register for posting lands; Code 45-402 amended 72 Sentence by ordinary for hunting or fishing without license in counties of 12,202 to 12,387 2698

Page 3355

I INCOME TAXES Capital gains and losses; Code 92-3119 amended 267 Code 92-3109, 92-3119, 92-3303, 92-3305 amended 279 Corporation tax; executive order of May 20, 1952 confirmed 7 Corporations; Code 92-3102 amended 625 Deductions for servicemen 286 Deductions for servicemen 268 Deductions from gross income; Code 92-3109 amended 274 Exemptions allowed trusts and estates; Code 92-3106 (h) amended 297 Interest on overdue payments; Code 92-3305 amended 294 Members of armed forces; executive order of March 26, 1952 ratified 6 Personal exemptions; Code 92-3106 amended 272 Reporting on installment plan; Code 92-3107 amended 287 Veterans of Korean conflict 187 INSANE PERSONS. See Milledgeville State Hospital . INSURANCE AGENTS Licensing 497 INSURANCE COMPANIES Investments; Code 56-224 amended 108 INVITEES Air raid shelters; owner to be held harmless for injuries to those seeking shelter therein 354 IRWIN COUNTY Commissioners' compensation 2516 Tax commissioner 2495 J JEFFERSON DAVIS HIGHWAY Route 2, Jefferson Davis Highway designated; a resolution 228 JEKYLL ISLAND Jekyll Island committee commended; a resolution 396 JEKYLL ISLAND STATE PARK AUTHORITY Amendments 261

Page 3356

JESUP Tax appraisals 3235 JOHNSON SUPERIOR COURT Terms 222 JUDGES. See names of courts; Superior Courts . JURIES Jury service in superior court in circuit of one county with population of 150,000 to 450,000 256 JUVENILE COURT OF FULTON COUNTY Judges and solicitor; qualifications, retirement 2803 JUVENILE COURTS Compensation of employees in counties of less than 50,000 352 K KEG CREEK STATE PARK Development of; a resolution 258 KENT, EMORY R. Compensation for damage to automobile; a resolution 2957 KING, JOHN M., JR. Lease with, extension authorized; a resolution 479 L LA GRANGE, CITY COURT OF Judge's salary 2964 LAKE LANIER Disposition of city owned property in Lake Lanier area 348 LAKELAND Registration of voters, eminent domain 2169 LAMAR COUNTY Commissioners' compensation 2302

Page 3357

LAMAR COUNTY Tax commissioner's compensation 2107 LAND Actions respecting title to, when prima facie case made 63 Limitation of actions, breach of restrictive covenants as to use of land 238 LANDS See State Lands; Trusts and Trustees . Register for posting; Code 45-402 amended 72 LANIER COUNTY Tax commissioner's salary 3042 LARCENY Cattle stealing, punishment; Code 26-2609 amended 14 Hog stealing, etc., punishment; Code 26-2611 amended 377 LAWRENCEVILLE Charter amendments 3227 City manager 3187 LEASES Extension of lease with John M. King, Jr. authorized; a resolution 479 Real property leases by executors, administrators, guardians or trustees 44 LICENSES Commercial fishermen 521 Corporation license taxes 290 Fish sellers; Code 45-503 repealed 602 Fishing and shrimping licenses 527 Foreign corporation license taxes 295 Insurance agents 497 Practical nurses 333 Professional taxes, where collectible 207 LIENS Laborers' and materialmen's liens; architects included; Code 67-2001, 67-2002 amended 582 Mechanics' and materialmen's liens; bond to discharge; Code 67-2004 amended 544

Page 3358

LIMITATION OF ACTIONS Breach of restrictive covenant as to uses of land 238 LINCOLN COUNTY Commissioners 2483 Tax receiver's compensation 2943 LINCOLNTON Charter 3117 LITERATURE COMMISSION, STATE. See State Literature Commission. LIVESTOCK Concentrated feeding stuffs, inspection fees and tax stamps; Code 42-205, 42-209 amended 418 Garbage feeding, etc. 480 Livestock running at large 380 Livestock Development Authority Act 337 LONG COUNTY Commissioners' clerk 2720 Sheriff's compensation 2535 LOOKOUT MOUNTAIN CIRCUIT Fines and forfeitures 205 LOUISVILLE Appraisal of taxable property 2109 LUDOWICI, CITY COURT OF Amendments 2185 Judge's salary 2740 M MACON Abandonment of part of Ash Street 2085 Alley closing authorized 2181 , 2682 Closing of alley 2087 Closing of certain streets and alleys for use for hospital 2425 Land conveyance confirmed 2941 , 3278 Land exchange with City of Macon; a resolution 232 Limits extended 2662

Page 3359

MACON, CITY COURT OF Assistant solicitor 3191 MACON COUNTY Lawbooks to; a resolution 2647 MARIETTA Civil service system 3026 MARION COUNTY Commissioners 3303 Sheriff's salary 2713 Tax commissioner 2805 Treasurer's salary 2701 MARRIAGE Annulment, registration 534 Registration 534 MASTER AND SERVANT. See Trusts and Trustees; Workmen's Compensation. MATERIALMEN'S LIENS. See Liens. McDUFFIE SUPERIOR COURT Deputy clerk's salary 2727 McINTOSH STATE PARK Resolution authorizing establishment 619 MECHANICS' LIENS. See Liens. MILLEDGEVILLE STATE HOSPITAL Cost of patient care; Code 35-204 amended, 35-232234 repealed 524 MILNER Closing of portion of First Street authorized 2227 MINES, MINING AND GEOLOGY, DEPARTMENT OF. See Department of Mines, Mining and Geology. MINORS. See Billiards.

Page 3360

MINIMUM FOUNDATION PROGRAM Administration of funds; a resolution 129 MONROE COUNTY Tax commissioner's compensation 3072 MONTGOMERY COUNTY Commissioners 2729 MORGAN COUNTY Lawbooks to; a resolution 2646 MOTOR VEHICLES License and registration; Code 68-201 amended 392 Reckless driving 376 Registration; Code 68-202, 68-205, 68-206, 68-207 amended 366 Registration and taxation; committee to study 411 MOUNT ZION Charter 3012 MUNICIPAL CORPORATIONS See names of cities, and table , p. 3328. Funds donated to cemeteries, city as trustee 34 Members of city council, eligibility for other office in cities of 71,000 or more 533 MUNICIPAL COURT OF AUGUSTA Salaries 2627 MURRAY COUNTY Tax commissioner's salary 2444 MUSCOGEE COUNTY Board of health 2061 Commissioners 2050 , 2095 MUSCOGEE SUPERIOR COURT Terms 12

Page 3361

N NEWTON COUNTY Lawbooks to; a resolution 2639 NORCROSS Charter 2741 NORTHERN JUDICIAL CIRCUIT Solicitor-General's salary 57 NURSES AND NURSING Licensing of practical nurses 333 O OBSCENE LITERATURE See State Literature Commission . OCCUPATIONAL TAXES Where collectible 207 ODUM Charter 3044 OFFICE BUILDING AUTHORITY Act amended 355 OGLETHORPE COUNTY Commissioners 2652 OPTOMETRISTS Qualifications; Code 84-1105 amended 114 ORDINARIES Clerk and assistants in certain counties (Ga. L. 1950, p. 2389 amended) 2493 Courts of ordinary, time and place of holding; Code 24-2101 amended 520 Qualifications in counties of 100,000 or more 2739 Salary in counties of 300,000 or more 2947

Page 3362

P PALMETTO Charter amendments 2980 PARKS Big Creek-Harts Creek Park Authority 3239 Black Rock Mountain State Park; land exchanges for development; a resolution 252 Chatuge Lake area, park lands in; procurement from T.V.A.; a resolution 131 Elijah Clarke Memorial Park; a resolution 230 Fort Mountain State Park; exchange of lands authorized; a resolution 568 Jekyll Island Committee commended; a resolution 396 Jekyll Island State Park Authority Act amended 261 Keg Creek State Park, development of; a resolution 258 McIntosh State Park; resolution authorizing establishment 619 Victoria Bryant State Park; donation of lands; a resolution 399 PAULDING COUNTY Tax commissioner 3074 PEACE OFFICERS ANNUITY FUND Amendments 574 PELHAM Gas distribution system 2116 Sewerage and garbage 2111 PEMBROKE, CITY COURT OF Judge's salary, terms, procedure 2511 PENSIONS See Employees' Retirement System; Peace Officers Annuity Fund; Teachers' Retirement System . Commission to study retirement system; a resolution 465 Widows of Confederate soldiers; Code 78-204 amended 48 PERPETUITIES Pension, profit-sharing, stock bonus, death benefit and disability benefits trusts created by employer for employees exempted; Code 85-707 amended 42

Page 3363

PIKE COUNTY Commissioners' compensation 2738 Lawbooks to; a resolution 2642 PLEADING AND PRACTICE Continuation of case on trial when copies of demurrers and pleas not provided to opposite party; Code 81-301 amended 21 POLK COUNTY Lawbooks to; a resolution 2416 Post Morten Examination Act 602 PRACTICAL NURSES Licensing 333 PRACTICE AND PROCEDURE Pre-trial procedure in civil actions 269 PRISONERS. See Public Works Camps . PRIVATE WAYS Removal of obstructions, appeal from ordinary; Code 83-120 amended 519 PROBATE. See Wills . PROCESSIONERS Appointment and compensation; Code 85-1604, 85-1610 amended 202 PROFESSIONAL TAXES Where collectible 207 PSYCHIATRIC EXAMINATIONS Examination before sentence in counties of 300,000 or more 133 PUBLIC RECORDS. See Records, Public . PUBLIC SERVICE COMMISSION Associate Public Service Commissioners 127 Compensation of members 127 Compensation of members 613

Page 3364

PUBLIC WORKS CAMPS County convict camps; Code 77-202, 77-338 repealed 26 Procedure for establishment of county public works camps 14 Q QUITMAN COUNTY Commissioners 2770 Ordinary's compensation 2208 Sheriff's compensation 2275 R RABUN COUNTY Lawbooks to; a resolution 2415 RAILROADS Special officers for; Act of 1935 amended 390 RANDOLPH COUNTY Tax commissioner 2948 RAULERSON, B. T. Compensation for damage to automobile 2970 RECOGNIZANCES Forfeiture of bonds and recognizances; Code 27-906 amended 452 RECORDING Clerks of superior courts prohibited from charging fees for recording veterans' discharge certificates; Code 24-2727 amended 32 RECORDS. See Banks and Banking; Superior Courts . RECORDS, PUBLIC County welfare departments, destruction of obsolete case records 17 Destruction of useless public records; Act of 1943 amended 4 RECREATION SYSTEMS Act of 1946 amended 30

Page 3365

REFERENDUM ELECTIONS Certification of results 523 RETIREMENT. See Employees' Retirement System; Peace Officers Annuity Fund; Public Service Commission; Solicitors-General; Supreme Court; Teachers' Retirement System . Commission to study retirement system; a resolution 465 REVENUE CERTIFICATES Act amended; Code 87-802, 87-803, 87-809 amended 489 Fees of clerk of superior court for validation 16 RICHLAND Elections for mayor and councilmen 2582 RICHMOND COUNTY Augusta-Richmond County Building Authority Act repealed 2708 Board of health pension system 3262 Commissioners 2548 Election of members of board of education 2440 Occupation taxes and licenses 2438 Street and sidewalk improvements 2505 RICHMOND COUNTY, CITY COURT OF Judge Emeritus 2528 ROADS See Alternative Road Law; Highways . Signs and advertisements; Code 95-2001 repealed 201 Work in counties of 300,000 or more 2703 ROCKDALE COUNTY Attorney's salary 2620 Commissioners 2608 Commissioner's salary 2298 ROME Retirement system 2685 , 2690 ROURKE, JAMES A. Land conveyance by City of Savannah to, confirmed 2455

Page 3366

ROYSTON Gas distribution system 2961 RURAL TELEPHONE COOPERATIVE ACT Amendments 112 , 132 S SABBATH. See Sunday . ST. MARYS Street closing authorized 2186 SALES. See Sunday . SALES TAX ACT Amendments 182 , 184 , 191 , 192 , 194 , 197 , 199 , 200 , 301 Sales tax study committee; a resolution 475 School lunches, religious papers, state banks, transportation of tangible personal property; executive orders confirmed 9 SAVANNAH Land conveyance to James A. Rourke confirmed 2454 Traffic commission for Savannah and Chatham County 2429 SAVANNAH, CITY COURT OF Judge's salary 2178 SCHOOLS Public supported schools and colleges, instruction in history, etc.; Code 32-706 amended 532 SECRETARY OF STATE Compensation 613 SECURITIES Securities Act 423 SEMINOLE COUNTY Tax commissioner 2433

Page 3367

SENTENCES Pre-sentence psychiatric examination in counties of 300,000 or more 135 SERVICEMEN. See Income Taxes; Veterans . Absentee voting 244 Income tax deductions 286 Income tax deductions 268 SEXTON, H. L. Compensation for damage to automobile; a resolution 2966 SHRIMP Fishing and shrimping licenses 527 Trawling regulations 491 SIGNS AND ADVERTISEMENTS. See Roads . SMYRNA Limits extended 2591 SOCIAL CIRCLE Mayor's powers; recorder 2470 SOCIAL SECURITY 1951 Act amended (employees of political subdivisions) 253 SOLICITOR-GENERALS. See name of superior court or circuit and table of superior courts , p. 3322. Solicitors-General Emeritus 211 SOUTHERN AND ATLANTIC TELEPHONE COMPANY Stock, State-owned; sale; a resolution 413 SPALDING COUNTY Commissioners 2606 Griffin-Spalding County school system 2563 SPRING PLACE Alley closing authorized 2458

Page 3368

STATE AUDITOR Compensation 613 STATE BOARD OF EDUCATION Meetings, travel expenses of members 110 * * Act No. 146, p. 83, is superseded by Act No. 495, p. 626. STATE BRIDGE BUILDING AUTHORITY ACT 83 , 626 STATE BRIDGE BUILDING AUTHORITY Contracts with State Highway Board 81 STATE DEPARTMENT OF VETERANS SERVICE Ambulance 131 STATE EMPLOYEES. See Employees Retirement System; Hospitals . STATE HIGHWAY BOARD Compensation of members 613 Contracts with State Bridge Building Authority 81 STATE HOSPITAL AUTHORITY Transfer of property of Alto Tuberculosis Sanatorium to 62 STATE LANDS Conveyance to City of Albany authorized; a resolution 402 Conveyance of land in Butts County authorized; a resolution 414 Conveyance to City of Glennville authorized; a resolution 259 Conveyance to Taliaferro County authorized; a resolution 617 Exchange of lands in Murray County authorized; a resolution 568 Exchange of lands in Harris County authorized; a resolution 406 Exchange of park lands in Towns County with Federal Government; a resolution 461 Land conveyance to Brooks County authorized; a resolution 466 Land exchange with City of Macon; a resolution 232 Sale of State lands in Dawson County; a resolution 227 STATE LIBRARIAN Miss Ella May Thornton commended for services; a resolution 398

Page 3369

STATE LITERATURE COMMISSION Creating Act 135 State Literature Commission Act; definition; a resolution 474 STATE OFFICE BUILDING AUTHORITY Act amended 355 STATE OFFICIALS Compensation of certain State officials 613 STATESBORO Recorder's court 2466 STATE TOLL BRIDGE AUTHORITY ACT 302 STATE TREASURER Compensation 613 STEPHENS, ALEXANDER H. Committee to represent State at presentation of bust of, to State of Virginia; a resolution 3 STEVENSON, ADLAI E. Request to address General Assembly; a resolution 458 STEWART COUNTY Sheriff's compensation 2209 STOCKBRIDGE Elections; utility systems 2657 STONE MOUNTAIN JUDICIAL CIRCUIT Reporter's salary 121 STRICKLAND MOTOR COMPANY, CORDELE Compensation for automobile repairs; a resolution 2974 SUBVERSIVE ACTIVITIES ACT 216 SUMTER COUNTY Ordinary's compensation 2215

Page 3370

SUMMERVILLE Elections; registration of voters 2557 SUNDAY Sales of certain agricultural products 202 SUPERIOR COURTS See name of court, and table , p. 3322. Contingent expense allowance for judges and solicitors-general 370 Fees of clerk in counties of 100,000 to 110,000; Code 24-2727 amended 235 Index of instruments affecting property in counties of 12,160 to 12,190; Code 24-2715 amended 64 Jury service in superior court in circuit of one county with population of 150,000 to 450,000 256 Reporter; compensation in counties of 100,000 to 110,000 2482 Robed judges and flags in counties of 473,572 208 SUPERINTENDENT OF SCHOOLS Compensation 613 SUPREME COURT Compensation of Justices 613 Compensation of Reporter and of Assistant Reporter 51 Justices Emeritus 137 SYLVANIA, CITY COURT OF Terms 2442 SYLVESTER, CITY COURT OF Judge's salary, solicitor's salary, reporter, practice and procedure 3273 T TALBOT COUNTY Compensation of commissioners 2188 Lawbooks to; a resolution 2413 Tax commissioner's compensation 2696 TALIAFERRO COUNTY Board of education; expenditures 2253 Board of education; purchases 2256

Page 3371

Commissioners' purchases 2271 Commissioners; expenditures 2254 Land conveyance to, authorized; a resolution 617 TATTNALL COUNTY Ordinary's compensation 2626 TAX COLLECTORS Commissions; Code 92-5301 amended 234 TAX RECEIVERS Commissions; Code 92-5301 amended 234 TAXATION. See Income Taxes; Sales Tax. Act of 1935 amended 285 Board of settlements and compromises 185 Compromise of certain outstanding wine taxes; a resolution 470 County tax assessors; agent to seek out unreturned property; Code 92-6910 amended 189 Federal motor fuel taxation; a resolution 573 Intangible tax returns 453 Municipal tax rates; Code 92-4101 amended 372 TAYLOR COUNTY Compensation of commissioners 2808 TEACHERS' RETIREMENT SYSTEM Amendment; continued employment after retirement age 238 Break in service 270 Disability retirement 373 TELEPHONES Rural telephone cooperative act amended 112 , 132 TELFAIR COUNTY Commissioner 2525 Sheriff's salary 2243 Tax commissioner 2527 THOMAS, ALBERT Compensation for damage to automobile 2971

Page 3372

THOMAS COUNTY Depository 3022 THOMASVILLE Gas system 3112 THOMPSON, MISS ROSE Compensation for injuries 3290 THORNTON, MISS ELLA MAY Commendation for services; a resolution 398 TIFT COUNTY Board of education; proposed amendment to the Constitution 553 TIFTON JUDICIAL CIRCUIT Solicitor-General's salary 35 TITLE. See Land. TOLL BRIDGE AUTHORITY ACT 302 TOOMBS COUNTY Commissioner; compensation and expenses, clerk 2069 TRAFFIC CASES Fines in traffic cases in counties of 7,500 to 7,600 2163 Cash appearance bonds 331 Fines; disposition of 416 TREASURER Compensation 613 TREUTLEN COUNTY Commissioners' clerk 3115 Ordinary's compensation 3065 Tax commissioner's compensation 2986 TRION School system 2545

Page 3373

TRUST COMPANIES Conversion into state banking corporations 240 TRUSTS AND TRUSTEES City as trustee of any funds donated to cemetries 34 Foreign trustees as to lands in Georgia 178 Investments by trustees; Code 108-417 amended 108 Leases of real property 44 Pension, profit-sharing, stock bonus, death benefit and disability benefits trusts created by employer for employees exempt from rule against perpetuities; Code 85-707 amended 42 Sale of stocks and bonds 378 To hold title to properties used or useful in furnishing utilities or other services 496 TUBERCULOSIS Compensation for State employees contracting tuberculosis from occupational exposure 513 TURNER COUNTY Commissioners' bond; clerk; warden; county attorney; county physician 2284 Lawbooks to; a resolution 2637 Sheriff's bond 2291 U UNION COUNTY Lawbooks to; a resolution 2635 Tax commissioner's salary 2502 UPSON COUNTY Commissioners 3286 UTILITIES Federal regulation; memorial to Congress; a resolution 403 V VETERANS. See State Department of Veterans Service. Discharge certificates, clerks of superior courts prohibited from charging fees for recording 32 Evidence for making claims 117 Korean conflict veterans, income tax 187

Page 3374

VICTORIA BRYANT STATE PARK Donation of lands for; a resolution 399 VIDALIA School system 2339 VILLA RICA Mayor and councilmen 2649 VITAL STATISTICS ACT Amendments 140 VOCATIONAL EDUCATION Memorial to Georgia delegation to Congress; a resolution 456 VOTING MACHINES Authorized in counties of more than 300,000 and municipalities therein 624 W WALKER, MRS. LAURA M. Compensation for injuries 3288 WARE COUNTY Lawbooks to; a resolution 2645 WAREHOUSES Committee to study warehouse system; a resolution 618 WARREN COUNTY Commissioner; compensation and expenses 2076 Tax commissioner 2519 Tax receiver's compensation 2273 WARRENTON Limits 2080 Mayor and councilmen 2155 Police pensions 2083

Page 3375

WATER SUPPLIES Prospecting for, by Department of Mines, Mining and Geology 5 WATERS, DONALD R. Compensation for loss of hog; a resolution 2969 WAYCROSS Compensation of mayor and commissioners 2103 Police court 2101 WAYCROSS, CITY COURT OF Judge's salary 2202 Procedure and practice 2204 Solicitor's salary 2199 WAYNE COUNTY Tax appraisals 2561 Tax commissioner's salary 2235 WEAVER, CAPTAIN W. M. (BUCK) Commended for services to General Assembly; a resolution 459 WEBSTER COUNTY Tax commissioner 2523 WELFARE DEPARTMENTS, COUNTY Destruction of obsolete case records 17 WELLS Abandoned open wells or holes in counties of 4,520 to 4,820 2688 WEST POINT Corporate limits 2276 WHITE COUNTY White County-Cleveland planning commission 2987 WHITE MUSIC COMPANY, GAINESVILLE Compensation for damage to automobile 2977

Page 3376

WHITFIELD COUNTY Commissioners 2145 Tax commission 2124 WILCOX COUNTY Lawbooks to; a resolution 2643 WILCOX SUPERIOR COURT Terms 56 WILKINSON COUNTY Compensation of commissioners 3237 WILLS Probate is solemn form, notice; Code 113-607 amended 535 WINES. See Taxation . WITNESSES Out-of-county witnesses in civil cases 46 WOODBINE Charter 2903 WOODLAND Charter amendments 2766 WORKMEN'S COMPENSATION Employee defined; Code 114-101 amended 526 WRENS Appraisal of taxable property 2093 WRIGHTSVILLE Charter amendments 2171 X Y Z YEAR'S SUPPORT Time for filing application 453

Page 3377

POPULATION OF GEORGIA COUNTIES POPULATION OF GEORGIA COUNTIES County 1950 1940 1930 1920 Appling 14,003 14,497 13,314 10,594 Atkinson 7,362 7,093 6,894 7,656 Bacon 8,940 8,096 7,055 6,460 Baker 5,952 7,344 7,818 8,298 Baldwin 29,706 24,190 22,878 19,791 Banks 6,935 8,733 9,703 11,814 Barrow 13,115 13,064 12,401 13,188 Bartow 27,370 25,283 25,364 24,527 Ben Hill 14,879 14,523 13,047 14,599 Berrien 13,966 15,370 14,646 15,573 Bibb 114,079 83,783 77,042 71,304 Bleckley 9,218 9,655 9,133 10,532 Brantley 6,387 6,871 6,895 Brooks 18,169 20,497 21,330 24,538 Bryan 5,965 6,288 5,952 6,343 Bulloch 24,740 26,010 26,509 26,133 Burke 23,458 26,520 29,224 30,836 Butts 9,079 9,182 9,345 12,327 Calhoun 8,578 10,438 10,576 10,225 Camden 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 8,063 9,103 8,991 9,228 Carroll 34,112 34,156 34,272 34,752 Catoosa 15,146 12,199 9,421 6,677 Charlton 4,821 5,256 4,381 4,536 Chatham 151,481 117,970 105,431 100,032 Chattahoochee 12,149 15,138 8,894 5,266 Chattooga 21,197 18,532 15,407 14,312 Cherokee 20,750 20,126 20,003 18,569 Clarke 36,550 28,398 25,613 26,111 Clay 5,844 7,064 6,943 5,557 Clayton 22,872 11,655 10,260 11,159 Clinch 6,007 6,437 7,015 7,984 Cobb 61,830 38,272 35,408 30,437 Coffee 23,961 21,541 19,739 18,653 Colquitt 33,999 33,012 30,622 29,332 Columbia 9,525 9,433 8,793 11,718 Cook 12,201 11,919 11,311 11,180 Coweta 27,786 26,972 25,127 29,047 Crawford 6,080 7,128 7,020 8,893 Crisp 17,663 17,540 17,343 18,914 Dade 7,364 5,894 4,146 3,918 Dawson 3,712 4,479 3,502 4,204 Decatur 23,620 22,234 23,622 31,785 DeKalb 136,395 86,942 70,278 44,051 Dodge 17,865 21,022 21,599 22,540 Dooly 14,159 16,886 18,025 20,522 Dougherty 43,617 28,565 22,306 20,063 Douglas 12,173 10,053 9,461 10,477 Early 17,413 18,679 18,273 18,983 Echols 2,494 2,964 2,744 3,313 Effingham 9,133 9,646 10,164 9,985 Elbert 18,585 19,618 18,485 23,905 Emanuel 19,789 23,517 24,101 25,862 Evans 6,653 7,401 7,102 6,594 Fannin 15,192 14,752 12,969 12,103 Fayette 7,978 8,170 8,665 11,396 Floyd 62,899 56,141 48,677 39,841 Forsyth 11,005 11,322 10,624 11,755 Franklin 14,446 15,612 15,902 19,957 Fulton 473,572 392,886 318,587 232,606 Gilmer 9,963 9,001 7,344 8,406 Glascock 3,579 4,547 4,388 4,192 Glynn 29,046 21,920 19,400 19,370 Gordon 18,922 18,445 16,846 17,736 Grady 18,928 19,654 19,200 20,306 Greene 12,843 13,709 12,616 18,972 Gwinnett 32,320 29,087 27,853 30,327 Habersham 16,553 14,771 12,748 10,730 Hall 40,113 34,822 30,313 26,822 Hancock 11,052 12,764 13,070 18,357 Haralson 14,663 14,377 13,263 14,440 Harris 11,265 11,428 11,140 15,775 Hart 14,495 15,512 15,174 17,944 Heard 6,975 8,610 9,102 11,126 Henry 15,857 15,119 15,924 20,420 Houston 20,964 11,303 11,280 21,964 Irwin 11,973 12,936 12,199 12,670 Jackson 18,997 20,089 21,609 24,654 Jasper 7,473 8,772 8,594 16,362 Jeff Davis 9,299 8,841 8,118 7,322 Jefferson 18,855 20,040 20,727 22,602 Jenkins 10,264 11,843 12,908 14,328 Johnson 9,893 12,953 12,681 13,546 Jones 7,538 8,331 8,992 13,269 Lamar 10,242 10,091 9,745 Lanier 5,151 5,632 5,190 Laurens 33,123 33,606 32,693 39,605 Lee 6,674 7,837 8,328 10,904 Liberty 8,444 8,595 8,153 12,707 Lincoln 6,462 7,042 7,847 9,739 Long 3,598 4,086 4,180 Lowndes 35,211 31,860 29,994 26,521 Lumpkin 6,574 6,223 4,927 5,240 McDuffie 11,443 10,878 9,014 11,509 McIntosh 6,008 5,292 5,763 5,119 Macon 14,213 15,947 16,643 17,667 Madison 12,238 13,431 14,921 18,803 Marion 6,521 6,954 6,968 7,604 Meriwether 21,055 22,055 22,437 26,168 Miller 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 22,528 23,261 23,620 25,588 Monroe 10,523 10,749 11,606 20,138 Montgomery 7,901 9,668 10,020 9,167 Morgan 11,899 12,713 12,488 20,143 Murray 10,676 11,137 9,215 9,490 Muscogee 118,028 75,494 57,558 44,195 Newton 20,185 18,576 17,290 21,680 Oconee 7,009 7,576 8,082 11,067 Oglethorpe 9,958 12,430 12,927 20,287 Paulding 11,752 12,832 12,327 14,025 Peach 11,705 10,378 10,268 Pickens 8,855 9,136 9,687 8,222 Pierce 11,112 11,800 12,522 11,934 Pike 8,459 10,375 10,853 21,212 Polk 30,976 28,467 25,141 20,357 Pulaski 8,808 9,829 9,005 11,587 Putnam 7,731 8,514 8,367 15,151 Quitman 3,015 3,435 3,820 3,417 Rabun 7,424 7,821 6,331 5,746 Randolph 13,804 16,609 17,174 16,721 Richmond 108,876 81,863 72,990 63,692 Rockdale 8,464 7,724 7,247 9,521 Schley 4,036 5,033 5,347 5,243 Screven 18,000 20,353 20,503 23,552 Seminole 7,904 8,492 7,389 Spalding 31,045 28,427 23,495 21,908 Stephens 16,647 12,972 11,740 11,215 Stewart 9,194 10,603 11,114 12,089 Sumter 24,208 24,502 26,800 29,640 Talbot 7,687 8,141 8,458 11,158 Taliaferro 4,515 6,278 6,172 8,841 Tattnall 15,939 16,243 15,411 14,502 Taylor 9,113 10,768 10,617 11,473 Telfair 13,221 15,145 14,997 15,291 Terrell 14,314 16,675 18,290 19,601 Thomas 33,932 31,289 32,612 33,044 Tift 22,645 18,599 16,068 14,493 Toombs 17,382 16,952 17,165 13,897 Towns 4,803 4,925 4,346 3,937 Treutlen 6,522 7,632 7,488 7,664 Troup 49,841 43,879 36,752 36,097 Turner 10,479 10,846 11,196 12,466 Twiggs 8,308 9,117 8,372 10,407 Union 7,318 7,680 6,340 6,455 Upson 25,078 25,064 19,509 14,786 Walker 38,198 31,024 26,206 23,370 Walton 20,230 20,777 21,118 24,216 Ware 30,289 27,929 26,558 28,361 Warren 8,779 10,236 11,181 11,828 Washington 21,012 24,230 25,030 28,147 Wayne 14,248 13,122 12,647 14,381 Webster 4,081 4,726 5,032 5,342 Wheeler 6,712 8,535 9,149 9,817 White 5,951 6,417 6,056 6,105 Whitfield 34,432 26,105 20,808 16,897 Wilcox 10,167 12,755 13,439 15,511 Wilkes 12,388 15,084 15,944 24,210 Wilkinson 9,781 11,025 10,844 11,376 Worth 19,357 21,374 21,094 23,863

Page 3381

MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES, FOR THE TERM 1953-1954 Senators District Post Office Adams, James W. 12th Weston Adams, Joe B. 22nd Barnesville Blitch, Mrs. Iris F. 5th Homerville Breedlove, William H. 27th Watkinsville Brown, Harry L. 40th Mountain City Browning, J. F. 2nd Riceboro Callaway, Thomas G., Jr. 35th Covington Campbell, Clarence G. 31st Lavonia Carlisle, J. Douglas 51st Macon Cates, Frank M. 17th Waynesboro Chism, J. B., Sr. 7th Pelham Cheek, Hugh G. 23rd Butler Clemmons, Tom 42nd Rome Coker, Dr. Grady N. 39th Canton Crummey, Cecil D. 48th Rochelle Dean, Wm. T. 34th Conyers Dozier, L. R. 8th Colquitt DuPree, Edward 21st Gordon Edenfield, Henry C. 16th Swainsboro Edenfield, Homer 4th Kingsland Griffith, Dr. E. F. 28th Eatonton Hall, John B. 9th Newton Hall, Steve M. 15th Lyons Hawes, E. Chas 29th Thomson Hendrix, G. W. 3rd Ludowici Holt, Dr. J. T. 54th Baxley Hood, Tom C. 32nd Box 33, Cleveland Jordan, Robert H. 25th Talbotton Kelley, Horace C. 18th Mitchell Kennedy, T. E., Jr. 47th Ashburn Kiker, C. W. 41st Blue Ridge Killingsworth, A. S. 11th Fort Gaines Lord, C. J. 20th Route 2, Tennille Millican, G. Everett 52nd Atlanta Moon, Herbert W. 13th Americus Moorman, Warren S. 6th Lakeland Park, Kirby 43rd Crandall Parker, E. L. 36th Meansville Parker, James I. 38th Cedartown Pettey, Pete 14th Hawkinsville Ramsey, H. N., Sr. 1st Springfield Redwine, Harry H. 26th Fayetteville Risner, T. H. 30th Hartwell Rogers, J. Artie 37th Franklin Rollins, O. C. 44th Tunnel Hill Roper, Allen P. 19th Greensboro Scoggins, M. O. 33rd Baldwin Shepherd, John D. 10th RFD 3, Ashburn Sims, Chas. M. 46th Douglas Singleton, O. N. 24th Buena Vista Stoddard, John E. 50th Washington Stripling, P. V. 49th Metter Walker, Jim C. 45th McRae Wilkes, Wilson B. 53rd Adel

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictEFFINGHAM, Chatham H. N. RAMSEY, SR. Springfield Second DistrictLIBERTY, Bryan, McIntosh J. F. BROWNING Riceboro Third DistrictLONG, Brantley, Wayne G. W. HENDRIX Ludowici Fourth DistrictCAMDEN, Charlton, Glynn HOMER EDENFIELD Kingsland Fifth DistrictCLINCH, Ware, Atkinson MRS. IRIS F. BLITCH Homerville Sixth DistrictLANIER, Echols, Lowndes WARREN S. MOORMAN Lakeland Seventh DistrictMITCHELL, Thomas, Grady J. B. CHISM, SR. Pelham Eighth DistrictMILLER, Decatur, Seminole L. R. DOZIER Colquitt Ninth DistrictBAKER, Calhoun, Early JOHN B. HALL Newton Tenth DistrictWORTH, Lee, Dougherty JOHN D. SHEPHERD RFD 3, Ashburn Eleventh DistrictCLAY, Randolph, Terrell A. S. KILLINGSWORTH Fort Gaines Twelfth DistrictWEBSTER, Quitman, Stewart JAMES W. ADAMS Weston Thirteenth DistrictSUMTER, Macon, Schley HERBERT W. MOON Americus Fourteenth DistrictPULASKI, Bleckley, Dooly PETE PETTEY Hawkinsville Fifteenth DistrictTOOMBS, Montgomery, Wheeler STEVE M. HALL Lyons Sixteenth DistrictEMANUEL, Laurens, Treutlen HENRY C. EDENFIELD Swainsboro Seventeenth DistrictBURKE, Jenkins, Screven FRANK M. CATES Waynesboro Eighteenth DistrictGLASCOCK, Jefferson, Richmond HORACE C. KELLEY Mitchell Nineteenth DistrictGREENE, Warren, Taliaferro ALLEN P. ROPER Greensboro Twentieth DistrictWASHINGTON, Baldwin, Hancock C. J. LORD Route 2, Tennille Twenty-First DistrictWILKINSON, Johnson, Jones EDWARD DuPREE Gordon Twenty-Second DistrictLAMAR, Monroe, Butts JOE B. ADAMS Barnesville Twenty-Third DistrictTAYLOR, Crawford, Peach HUGH G. CHEEK Butler Twenty-Fourth DistrictMARION, Muscogee, Chattahoochee O. N. SINGLETON Buena Vista Twenty-Fifth DistrictTALBOT, Harris, Upson ROBERT H. JORDAN Talbotton Twenty-Sixth DistrictFAYETTE, Spalding, Clayton HARRY H. REDWINE Fayetteville Twenty-Seventh DistrictOCONEE, Jackson, Barrow WILLIAM H. BREEDLOVE Watkinsville Twenty-Eighth DistrictPUTNAM, Morgan, Jasper DR. E. F. GRIFFITH Eatonton Twenty-Ninth DistrictMcDUFFIE, Columbia, Lincoln E. CHAS. HAWES Thomson Thirtieth DistrictHART, Madison, Elbert T. H. RISNER Hartwell Thirty-First DistrictFRANKLIN, Stephens, Habersham CLARENCE G. CAMPBELL Lavonia Thirty-Second DistrictWHITE, Lumpkin, Dawson TOM C. HOOD Box 33, Cleveland Thirty-Third DistrictBANKS, Hall, Forsyth M. O. SCOGGINS Baldwin Thirty-Fourth DistrictROCKDALE, DeKalb, Gwinnett WM. T. DEAN Conyers Thirty-Fifth DistrictNEWTON, Walton, Henry THOMAS G. CALLAWAY, JR. Covington Thirty-Sixth DistrictPIKE, Coweta, Meriwether E. L. PARKER Meansville Thirty-Seventh DistrictHEARD, Carroll, Troup J. ARTIE ROGERS Franklin Thirty-Eighth DistrictPOLK, Paulding, Haralson JAMES I. PARKER Cedartown Thirty-Ninth DistrictCHEROKEE, Douglas, Cobb DR. GRADY N. COKER Canton Fortieth DistrictRABUN, Towns, Union HARRY L. BROWN Mountain City Forty-First DistrictFANNIN, Gilmer, Pickens C. W. KIKER Blue Ridge Forty-Second DistrictFLOYD, Bartow, Chattooga TOM CLEMMONS Rome Forty-Third DistrictMURRAY, Whitfield, Gordon KIRBY PARK Crandall Forty-Fourth DistrictCATOOSA, Dade, Walker O. C. ROLLINS Tunnel Hill Forty-Fifth DistrictTELFAIR, Irwin, Ben Hill JIM C. WALKER McRae Forty-Sixth DistrictCOFFEE, Pierce, Bacon CHAS. M. SIMS Douglas Forty-Seventh DistrictTURNER, Colquitt, Tift T. E. KENNEDY, JR. Ashburn Forty-Eighth DistrictWILCOX, Crisp, Dodge CECIL D. CRUMMEY Rochelle Forty-Ninth DistrictCANDLER, Evans, Bulloch P. V. STRIPLING Metter Fiftieth DistrictWILKES, Oglethorpe, Clarke JOHN E. STODDARD Washington Fifty-First DistrictBIBB, Twiggs, Houston J. DOUGLAS CARLISLE Macon Fifty-Second DistrictFULTON G. EVERETT MILLICAN Atlanta Fifty-Third DistrictCOOK, Brooks, Berrien WILSON B. WILKES Adel Fifty-Fourth DistrictAPPLING, Jeff Davis, Tattnall DR. J. T. HOLT Baxley

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1953-1954 Representative County Post Office Abney, Howard Catoosa Ringgold Adams, Owen J. Upson Thomaston Adams, W. L. (Roy) Evans Claxton Alexander, J. Sim Toombs Lyons Ayers, Jere C. Madison Comer Barber, Leo T. Colquitt Moultrie Barber, Mac Jackson Commerce Barrett, W. J., Jr. Pike Zebulon Baughman, Leon H. Early Cedar Springs Bell, John C. Richmond Augusta Bentley, Fred D. Cobb Marietta Best, Richard W. Clay Fort Gaines Birdsong, Frank G. Troup LaGrange Black, J. Lucius Webster Preston Blackburn, T. Sidney Habersham Alto, Rt. 2 Blalock, D. B. Coweta Newnan Bloodworth, J. W. Houston Perry Bodenhamer, William T. Tift Ty Ty Boggus, Argin A., Sr. Ben Hill Fitzgerald Bolton, Arthur K. Spalding Griffin Brannen, C. B. Dooly Unadilla Brantley, W. S. (Bill) Upson Thomaston Bray, Charles W. Meriwether Manchester Brazeal, Marvin Terrell Dawson Britton, W. A. Whitfield Dalton Brooks, George B. Oglethorpe Crawford Brown, Cecil E. Telfair Lumber City Buie, Archie A. Camden White Oak Byrd, D. E. Taylor Reynolds Callier, H. Chris Talbot Talbotton Campbell, Albert Walker LaFayette Campbell, J. Phil, Jr. Oconee Watkinsville Carswell, Porter W. Burke Waynesboro Carter, J. Earl Sumter Plains Chastain, Robt. E. Thomas Thomasville Clark, W. T. Screven Sylvania Clary, H. Eulond McDuffie Thomson Cloud, H. Carl Decatur Climax Coffin, Paul Fitzgerald Schley Ellaville Coker, Robert E. Walker LaFayette Conger, J. Willis Decatur Bainbridge Connell, T. Guy Lowndes Valdosta Coogle, Tom L. Macon Oglethorpe Cornelius, M. M. Polk Cedartown Cowart, Calvin R. Stewart Richland Cummings, John J. Seminole Donalsonville Deal, W. Roscoff Bryan Pembroke Dean, W. K. Towns Young Harris Deen, Braswell, Jr. Bacon Alma Denton, W. L. Paulding Dallas Dews, Charles E. Calhoun Edison Drinkard, John P. Lincoln Lincolnton Dunaway, Marson G., Jr. Polk Rockmart Duncan, J. Ebb Carroll Carrollton Durham, John C. Baker Newton Edenfield, Mose McIntosh Darien Edwards, C. W. Effingham Springfield Floyd, James H. Chattooga Trion Flynt, Wales T. Taliaferro Crawfordville Foster, E. Alvin Clayton Forest Park Fowler, A. A., Jr. Douglas Douglasville Freeman, Wm. B. Monroe Forsyth Frier, W. A. Ware Millwood, Rt. 2 Gardner, B. C., Jr. Dougherty Albany Garrard, H. G. Wilkes Washington Geer, P. Z., Jr. Miller Colquitt Gilder, R. T. Laurens Glenwood, Rt. 2 Gillis, Hugh Treutlen Soperton, Rt. 1 Goodson, Charles L. Heard Franklin Gowen, Charles L. Glynn Brunswick Graham, Sam T. Richmond Augusta Green, Paul A. Rabun Clayton Green, Robert H. Baldwin Milledgeville Greene, Palmer H. Crisp Cordele Greer, John W. Lanier Lakeland Grimsley, Lonnie H. Cook Adel Groover, Denmark, Jr. Bibb Macon Groover, M. E. Troup LaGrange Gunter, Wm. B. Hall Gainesville Haar, Ernest J. Chatham Savannah Hale, Maddox J. Dade Trenton Hall, J. Battle Floyd Rome Hamilton, Curtis L. Appling Baxley Hand, Fred Mitchell Pelham Harper, E. Girdean Spalding Griffin Harrell, R. A. Grady Cairo Harris, John B., Jr. Bibb Macon Harrison, Robert L. Wayne Jesup Harrison, Walter Jenkins Millen Hayes, Dewey Coffee Douglas Henderson, Waldo Atkinson Lakeland Hicks, Mack G. Floyd Rome Hodges, B. Harvey Butts Jackson Holley, William W. Richmond Augusta Hollis, Howell Muscogee Columbus Holloway, Joe P. Gilmer Ellijay, Rt. 2 Holton, Elie Coffee Douglas Hopkins, Alva J., Jr. Charlton Folkston Huddleston, Grady L. Fayette Fayetteville Hughes, J. C. Dawson, Rt. 5 Gainesville Hurst, Joe J. Quitman Georgetown Ingle, Odell Murray Chatsworth Ivey, W. C. Newton Porterdale Jackson, George L. Jones Gray Jessup, Ben Bleckley Cochran Johnson, Jesse Brady Twiggs Dry Branch Jones, David C. Worth Sylvester Jones, Fred C. Lumpkin Dahlonega Jordan, C. M., Jr. Wheeler Alamo Jordan, H. Rhodes Gwinnett Lawrenceville Kemp, Edwin S. Clayton Jonesboro Key, Wm. Hicks Jasper Monticello King, Joe N. Chattahoochee Cusseta Land, A. T. Wilkinson Allentown Lanier, William L. (Bill) Candler Metter Lavender, Woodrow Wilson Elbert Bowman Layton, H. L. Irwin Chula, Rt. 1 Lewis, Miles Walker Greene Greensboro Lifsey, L. G., Sr. Lamar Barnesville Little, F. B. Peach Fort Valley Lokey, Hamilton Fulton Atlanta Lovett, W. Herschel Laurens Dublin Martin, Tom Banks Homer, Rt. 1 Matheson, B. Benson Hart Hartwell Matthews, Chappelle Clarke Athens Mauldin, Henry A. Gordon Calhoun McCracken, J. Roy Jefferson Avera McGarity, Edward E. Henry McDonough McGee, George H. Chatham Savannah McKenna, Andrew W. Bibb Macon McWhorter, W. Hugh DeKalb Decatur Mincy, Cleve Ware Waycross Mishoe, Dr. H. M. Tattnall Glennville Moate, Marvin E. Hancock Sparta Mobley, T. Watson Burke Girard Moore, A. C. Pickens Jasper Moore, Fred White Cleveland Moses, Henry Arthur Montgomery Uvalda Moye, L. J., Sr. Washington Davisboro Mull, Reid Fannin Blue Ridge Murphey, R. Clifton Crawford Roberta Murphy, Harold L. Haralson Buchanan Murr, Jack Sumter Americus Musgrove, Downing Clinch Homerville Nelson, J. D. Pulaski Hawkinsville Nightingale, B. N. Glynn Brunswick Otwell, James A., Jr. Forsyth Cumming Parker, Arnold Baldwin Milledgeville Peacock, Gilbert C. Dodge Eastman Perkins, C. C. Carroll Mount Zion Phillips, Glenn S. Columbia Harlem Phillips, John Lee Walton Monroe Pickard, Mac Muscogee Columbus Potts, George W. Coweta Newnan Raulerson, O. W. Pierce Patterson Ray, Jack B. Warren Norwood Register, G. Troy Lowndes Valdosta Rowland, Emory L. Johnson Wrightsville Russell, Robert L., Jr. Barrow Winder Rutland, Guy W., Jr. DeKalb Decatur Scoggin, Robert L. (Bob) Floyd Rome Sheffield, John E., Jr. Brooks Quitman Short, H. Jack Colquitt Doerun Sipple, Julian C. Chatham Savannah Sivell, W. D. Harris Chipley Smiley, C. J. Liberty Walthourville Smith, Ben Cobb Marietta Smith, Geo. L., II Emanuel Swainsboro Smith, Hoke Fulton Atlanta Smith, M. M. (Muggsy) Fulton Atlanta Stephens, Robert G., Jr. Clarke Athens Stevens, E. C. Marion Buena Vista Stewart, Charles E. Echols Haylow Stocks, Mrs. Nellie M. Lee Leesburg, Rt. 1 Strickland, Joseph Barney Brantley Nahunta Swindle, J. H. Berrien Ray City Tallant, D. Carl Cherokee Canton Tamplin, Howard H. Morgan Madison Tarbutton, Ben J. Washington Sandersville Tarpley, Jack G. Union Blairsville Terrell, J. Hudson Hall Lula, Rt. 2 Todd, Wm. G. Glascock Gibson Trapnell, Algie J. Bulloch Statesboro Tumlin, Floyd S. Bartow Cartersville Turk, D. E. Wilcox Rochelle Turner, A. Mell DeKalb Decatur Twitty, Frank S. Mitchell Camilla Upshaw, Troy Bartow Rydal Ursrey, Lawton R. Jeff Davis Hazlehurst Veal, Dallas Putnam Eatonton Walker, Eli M. Rockdale Conyers Wardlow, Floyd Turner Ashburn Watson, G. Stuart Dougherty Albany Weems, Paul B. Chattooga Summerville White, E. W. Gwinnett Buford Whitener, J. Roy Whitfield Dalton Wiggins, Ben T. Stephens Toccoa Wilkinson, Carl C. Long Ludowici, Rt. 2 Williams, F. Everett Bulloch Statesboro Williams, J. L. Tift Tifton Williams, J. Weldon, Sr. Franklin Lavonia Willingham, Harold S. Cobb Marietta Willis, O. S. Thomas Coolidge Wooten, J. Mercer Randolph Shellman Young, J. Gordon Muscogee Columbus

Page 3392

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1953-1954 County Representative Post Office Appling Curtis L. Hamilton Baxley Atkinson Waldo Henderson Lakeland, Rt. 2 Bacon Braswell Deen, Jr. Alma Baker John C. Durham Newton Baldwin Robert H. Green Milledgeville Baldwin Arnold Parker Milledgeville Banks Tom Martin Homer, Rt. 1 Barrow Robert L. Russell, Jr. Winder Bartow Floyd S. Tumlin Cartersville Bartow Troy Upshaw Rydal Ben Hill Argin A. Boggus, Sr. Fitzgerald Berrien J. H. Swindle Ray City Bibb Denmark Groover, Jr. Macon Bibb John B. Harris, Jr. Macon Bibb Andrew W. McKenna Macon Bleckley Ben Jessup Cochran Brantley Joseph Barney Strickland Nahunta Brooks John E. Sheffield, Jr. Quitman Bryan W. Roscoff Deal Pembroke Bulloch Algie J. Trapnell Statesboro Bulloch F. Everett Williams Statesboro Burke Porter W. Carswell Waynesboro Burke T. Watson Mobley Girard Butts B. Harvey Hodges Jackson Calhoun Charles E. Dews Edison Camden Archie A. Buie White Oak Candler William L. (Bill) Lanier Metter Carroll J. Ebb Duncan Carrollton Carroll C. C. Perkins Mount Zion Catoosa Howard Abney Ringgold Charlton Alva J. Hopkins, Jr. Folkston Chatham Ernest J. Haar Savannah Chatham George H. McGee Savannah Chatham Julian C. Sipple Savannah Chattahoochee Joe N. King Cusseta Chattooga James H. Floyd Trion Chattooga Paul B. Weems Summerville Cherokee D. Carl Tallant Canton Clarke Chappelle Matthews Athens Clarke Robert G. Stephens, Jr. Athens Clay Richard W. Best Fort Gaines Clayton E. Alvin Foster Forest Park Clayton Edwin S. Kemp Jonesboro Clinch Downing Musgrove Homerville Cobb Fred D. Bentley Marietta Cobb Ben Smith Marietta Cobb Harold S. Willingham Marietta Coffee Dewey Hayes Douglas Coffee Elie Holton Douglas Colquitt Leo T. Barber Moultrie Colquitt H. Jack Short Doerun Columbia Glenn S. Phillips Harlem Cook Lonnie H. Grimsley Adel Coweta D. B. Blalock Newnan Coweta George W. Potts Newnan Crawford R. Clifton Murphey Roberta Crisp Palmer H. Greene Cordele Dade Maddox J. Hale Trenton Dawson J. C. Hughes Gainesville, Rt. 5 Decatur H. Carl Cloud Climax Decatur J. Willis Conger Bainbridge DeKalb W. Hugh McWhorter Decatur DeKalb Guy W. Rutland, Jr. Decatur DeKalb A. Mell Turner Decatur Dodge Gilbert C. Peacock Eastman Dooly C. B. Brannen Unadilla Dougherty B. C. Gardner, Jr. Albany Dougherty G. Stuart Watson Albany Douglas A. A. Fowler, Jr. Douglasville Early Leon H. Baughman Cedar Springs Echols Charles E. Stewart Haylow Effingham C. W. Edwards Springfield Elbert Woodrow Wilson Lavender Bowman Emanuel Geo. L. Smith, II. Swainsboro Evans W. L. (Roy) Adams Claxton Fannin Reid Mull Blue Ridge Fayette Grady L. Huddleston Fayetteville Floyd J. Battle Hall Rome Floyd Mack G. Hicks Rome Floyd Robert L. (Bob) Scoggin Rome Forsyth James A. Otwell, Jr. Cumming Franklin J. Weldon Williams, Sr. Lavonia Fulton Hamilton Lokey Atlanta Fulton Hoke Smith Atlanta Fulton M. M. (Muggsy) Smith Atlanta Gilmer Joe P. Holloway Ellijay, Rt. 2 Glascock Wm. G. Todd Gibson Glynn Charles L. Gowen Brunswick Glynn B. N. Nightingale Brunswick Gordon Henry A. Mauldin Calhoun Grady R. A. Harrell Cairo Greene Miles Walker Lewis Greensboro Gwinnett E. W. White Buford Gwinnett H. Rhodes Jordan Lawrenceville Habersham T. Sidney Blackburn Alto, Rt. 2 Hall Wm. B. Gunter Gainesville Hall J. Hudson Terrell Lula, Rt. 2 Hancock Marvin E. Moate Sparta Haralson Harold L. Murphy Buchanan Harris W. D. Sivell Chipley Hart B. Benson Matheson Hartwell Heard Charles L. Goodson Franklin Henry Edward E. McGarity McDonough Houston J. W. Bloodworth Perry Irwin H. L. Layton Chula, Rt. 1 Jackson Mac Barber Commerce Jasper Wm. Hicks Key Monticello Jeff Davis Lawton R. Ursrey Hazlehurst Jefferson J. Roy McCracken Avera Jenkins Walter Harrison Millen Johnson Emory L. Rowland Wrightsville Jones George L. Jackson Gray Lamar L. G. Lifsey, Sr. Barnesville Lanier John W. Greer Lakeland Laurens R. T. Gilder Glenwood, Rt. 2 Laurens W. Herschel Lovett Dublin Lee Mrs. Nellie M. Stocks Leesburg, Rt. 1 Liberty C. J. Smiley Walthourville Lincoln John P. Drinkard Lincolnton Long Carl C. Wilkinson Ludowici, Rt. 2 Lowndes T. Guy Connell Valdosta Lowndes G. Troy Register Valdosta Lumpkin Fred C. Jones Dahlonega Macon Tom L. Coogle Oglethorpe Madison Jere C. Ayers Comer Marion E. C. Stevens Buena Vista McDuffie H. Eulond Clary Thomson McIntosh Mose Edenfield Darien Meriwether Charles W. Bray Manchester Miller P. Z. Geer, Jr. Colquitt Mitchell Fred Hand Pelham Mitchell Frank S. Twitty Camilla Monroe Wm. B. Freeman Forsyth Montgomery Henry Arthur Moses Uvalda Morgan Howard H. Tamplin Madison Murray Odell Ingle Chatsworth Muscogee Howell Hollis Columbus Muscogee Mac Pickard Columbus Muscogee J. Gordon Young Columbus Newton W. C. Ivey Porterdale Oconee J. Phil Campbell, Jr. Watkinsville Oglethorpe George B. Brooks Crawford Paulding W. L. Denton Dallas Peach F. B. Little Fort Valley Pickens A. C. Moore Jasper Pierce O. W. Raulerson Patterson Pike W. J. Barrett, Jr. Zebulon Polk M. M. Cornelius Cedartown Polk Marson G. Dunaway, Jr. Rockmart Pulaski J. D. Nelson Hawkinsville Putnam Dallas Veal Eatonton Quitman Joe J. Hurst Georgetown Rabun Paul A. Green Clayton Randolph J. Mercer Wooten Shellman Richmond John C. Bell Augusta Richmond Sam T. Graham Augusta Richmond William W. Holley Augusta Rockdale Eli M. Walker Conyers Schley Paul Fitzgerald Coffin Ellaville Screven W. T. Clark Sylvania Seminole John J. Cummings Donalsonville Spalding Arthur K. Bolton Griffin Spalding E. Girdean Harper Griffin Stephens Ben T. Wiggins Toccoa Stewart Calvin R. Cowart Richland Sumter J. Earl Carter Plains Sumter Jack Murr Americus Talbot H. Chris Callier Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall Dr. H. M. Mishoe Glennville Taylor D. E. Byrd Reynolds Telfair Cecil E. Brown Lumber City Terrell Marvin Brazeal Dawson Thomas Robt. E. Chastain Thomasville Thomas O. S. Willis Coolidge Tift William T. Bodenhamer Ty Ty Tift J. L. Williams Tifton Toombs J. Sim Alexander Lyons Towns W. K. Dean Young Harris Treutlen Hugh Gillis Soperton, Rt. 1 Troup Frank G. Birdsong LaGrange Troup M. E. Groover LaGrange Turner Floyd Wardlow Ashburn Twiggs Jesse Brady Johnson Dry Branch Union Jack G. Tarpley Blairsville Upson Owen J. Adams Thomaston Upson W. S. (Bill) Brantley Thomaston Walker Robert E. Coker LaFayette Walker Albert Campbell LaFayette Walton John Lee Phillips Monroe Ware W. A. Frier Millwood, Rt. 2 Ware Cleve Mincy Waycross Warren Jack B. Ray Norwood Washington L. J. Moye, Sr. Davisboro Washington Ben J. Tarbutton Sandersville Wayne Robert L. Harrison Jesup Webster J. Lucius Black Preston Wheeler C. M. Jordan, Jr. Alamo White Fred Moore Cleveland Whitfield W. A. Britton Dalton Whitfield J. Roy Whitener Dalton Wilcox D. E. Turk Rochelle Wilkes H. G. Garrard Washington Wilkinson A. T. Land Allentown Worth David C. Jones Sylvester

Page 3399

For any information regarding these ACTS and RESOLUTIONS please contact: Ben W. Fortson, Jr. Secretary of State or Joe N. Burton Assistant to the Secretary of State