Acts and resolutions of the General Assembly of the state of Georgia 1953 November -- December session [volume 2]

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: PRESS OF LONGING PORTER, INC. 19531100 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1953 NOVEMBERDECEMBER SESSION 19531100 19531200 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

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COMPILER'S NOTE To speed publication, the Acts and Resolutions of the 1953 November-December 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 624. Local and special Acts and Resolutions were grouped in one series beginning at page 2000. There are no intervenign pages between 624 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. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1953 NOVEMBERDECEMBER SESSION RABBITS AND HARESHUNTING AND SALE. No. 509 (House Bill No. 606). An Act to regulate the taking and killing of rabbits or hares, and to provide for seasons and bag limits; to provide that rabbits or hares killed or taken cannot be sold; to provide for a misdemeanor and punishment therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. No person shall take or kill rabbits or hares in this State except during the lawful hunting seasons.

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The lawful hunting seasons for such animals shall be from the first day of October through the last day of February. Seasons. Section 2. There shall be a daily bag limit of five rabbits or hares per person. No person shall kill or take more than the daily bag limits herein set out, nor shall any such person sell any rabbit or hare, or parts thereof. Bag limits. Sales. Section 3. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor and punished as for a misdemeanor. Violations. Section 3A. The provisions of this Act shall not apply to persons who raise rabbits and kill them for the purpose of resale. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 7, 1953. GEORGIA RAILROAD AND BANKING COMPANYPARTICIPATION BY STATE IN STOCKHOLDERS AGREEMENT. No. 92 (House Resolution No. 222-743h). A Resolution. To provide that the Governor and the State Treasurer be authorized and directed to deposit the one hundred eighty-six (186) shares of common stock owned by the State in the Georgia Railroad and Banking Company in one of the depositaries named in the stockholders' deposit agreement of June 15, 1953 prepared by the stockholders' committee for the common stock of the Georgia Railroad and Banking Company, and to participate in said agreement on behalf of the State of Georgia as a stockholder of said company.

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Whereas, the State of Georgia owns one hundred eighty-six (186) shares of common stock of the Georgia Railroad and Banking Company, Augusta, Georgia, having a par value of one hundred dollars ($100.00) per share; and Whereas, all owners of common stock in said company have been requested to become parties to a stockholders' deposit agreement of June 15, 1953, a copy of which agreement is on file in the office of the State Treasurer; and Whereas, the purpose of said agreement is to formulate and adopt a plan for the increase of the capitalization of said company and for other purposes beneficial to the stockholders of said company; and Whereas, it is deemed to be advantageous and beneficial to the State of Georgia as a stockholder in said company to participate and become a party to said stockholders' deposit agreement; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor and the State Treasurer are hereby authorized and directed to take such action and to execute such documents as shall be necessary for the full participation of the State in said deposit agreement and plan of readjustment, including the power to surrender shares owned by the State for deposit under the terms of said agreement, and to accept in exchange therefor certificates of deposit pursuant to said agreement, and to surrender in turn said certificates of deposit for new shares of stock in said company or in any new company which is organized pursuant to the plan of readjustment, and to otherwise do all things necessary and proper for the accomplishment of the purposes of this resolution. Deposit of shares, agreement of June 15, 1953. Approved December 7, 1953.

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UNIVERSITY SYSTEMCOMMITTEE TO INVESTIGATE FINANCIAL STATUS. No. 93 (Senate Resolution No. 86) A Resolution. To provide for the appointment of a joint committee of the Senate and House of Representatives to investigate the financial status of the State Board of Regents and the University System of Georgia and to make a report of such investigation to the next meeting of the General Assembly. Whereas, the General Assembly of Georgia has appropriated a substantial sum of money, in annual excess of twelve million ($12,000,000.00) dollars, to the Board of Regents of the University System of Georgia for the expenses of operating and maintaining the Board of Regents and the University System of Georgia; and Whereas, in order to preserve the financial soundness and integrity of the State government, it is necessary and essential that all branches of the government be operated and maintained under a sound system of economy insuring maximum service and benefit to the citizens of the State at a minimum of expense; and Whereas, it is necessary that the members of the General Assembly, which is charged with the function of raising and appropriating funds for the operation of the State government and all its branches, be thoroughly informed and familiar with the needs and requirements of all State agencies; Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that a committee of five (5) members of the General Assembly, consisting of two (2) members of the Senate appointed by the President, and three (3) members of the House appointed by the Speaker, be appointed to thoroughly

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investigate and examine the status of the financial affairs of the State Board of Regents and the University System of Georgia and to make a report of their findings from such investigation to the next regular meeting of the General Assembly. Members. Said committee shall be empowered to examine and audit all books, records and documents of the Board of Regents and the University System, and the officers and employees of the Board of Regents and the University System are hereby directed to cooperate with and assist said committee in its investigation and to make available to the committee such material and information, relating to its financial affairs and to expenditures of legislative appropriations and other funds from any source whatsoever coming into the hands of the board and the university system, as may be requested by the committee. Powers. Said committee shall be compensated at the regular per diem and allowances authorized for committee work of the General Assembly. Compensation. Approved December 9, 1953. ALBANY-DOUGHERTY COUNTYMERGER OF GOVERNMENTS. PROPOSED AMENDMENT TO THE CONSTITUTION. No. 94 (House Resolution No. 218-743d) A Resolution. To propose to the qualified voter of the County of Dougherty and the City of Albany an amendment to the Constitution of the State of Georgia to be known and designated as Paragraph 11 of Section 1 of Article 11 of the Constitution of the State of Georgia, authorizing the General Assembly to consolidate and combine all governmental

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functions and powers now vested in and exercised by the cities and municipalities, in the County of Dougherty, with the governmental functions and powers now vested in and exercised by the County of Dougherty; to create, designate, and give a name to the political subdivision composed of the entire area of Dougherty County; to vest in and confer upon such subdivision such authority and power as may be conferred upon cities and municipalities, or counties, or both, under existing laws; to abolish any and all offices now existing under the charters of any such cities and municipalities, and any and all offices now existing under any and all acts relating to the government of Dougherty County; and, also, to abolish the offices of tax collector, tax receiver, tax commissioner, clerk of the superior court and ex-officio clerk for the City Court of Albany, ordinary, sheriff, coroner and county surveyor in Dougherty County; to provide for the distribution of fines, forfeitures, penalties, fees and costs of the offices so abolished; to create new offices for the purpose of exercising and carrying out the powers to be vested in such political subdivision, and the powers and duties formerly appertaining to such offices so abolished and the powers and duties formerly exercised by Dougherty County and the cities and municipalities in Dougherty County; to divide such political subdivision into zones or districts for the purpose of taxation and other purposes; to fix a maximum rate of ad valorem taxation to be levied by authority of such political subdivision, within the various zones and districts, without regard to the uniformity of the rate; to provide for specific, business, occupation, franchise and license taxation; to abolish any and/or all offices, boards, commissions and courts now existing in the County of Dougherty, except the Superior Court of Dougherty County, and to create new offices, boards, commissions, and courts in lieu thereof and to vest in them the powers, duties, and rights and liabilities of said offices, boards, commissions and courts thus abolished; and, also, to delegate to the authorities handling the fiscal affairs of said County of Dougherty, full power

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and authority to abolish all such offices, boards and commissions, and to create in lieu thereof new offices, boards and commissions to be vested with all of the duties and powers of said offices, boards and commissions thus abolished; to provide for the extension of fire protection and/or other particular municipal services and improvements to areas outside the cities and municipalities in Dougherty County and for the levying of taxes therefor and/or for the assessment of the costs thereof against the persons and the property in the areas to which said services are extended; to provide for a system of improvement and the paving of roads outside of the cities and municipalities of said county and for the assessment and collection of the costs thereof; to provide for the registration of voters, changing and abolishing of election precincts, and the procedure connected with these matters; to provide for the election of officials to plan and prepare for the new system of government and the operation thereof and the making of provisions for the proper offices and the machinery therefor; to provide for the employment of assistants to such officers; to provide for the payment of compensation to such officers and such assistants and to provide for the levying of taxes therefor in addition to other taxes; and to provide that the General Assembly, in exercising the powers herein conferred, may include in the Act or law or any amendment thereto any one or more of the powers or provisions herein enumerated, and may exclude therefrom any one or more of the powers or provisions herein enumerated, and in exercising the powers herein conferred, it shall not be necessary that the enactment, or enactments, of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Dougherty or the City of Albany; and to provide that, notwithstanding this amendment or any action thereunder, said County of Dougherty shall remain a county, within the meaning of the Constitution and laws with reference to the levying of taxes, and all other matters where the provisions of such Constitution and laws do not conflict with this amendment, or

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the statutes passed pursuant thereto, and the urban district, or districts, now or hereafter embraced in, or corresponding to, the cities and municipalities located in Dougherty County, and each urban district now or hereafter embraced in, or corresponding to, any city in which may be located the sitting of any city court, shall still remain a city within the meaning of the provisions of Article VI, Section II, Paragraphs 8 and 9 of the Constitution, with reference to the City Courts of Atlanta and Savannah and other like courts, and, also, within the meaning of the Constitution and laws with reference to all other matters, where the provisions of such Constitution and laws do not conflict with this amendment or the statutes passed pursuant thereto; to provide for the submission of said amendment to the qualified voters of the City of Albany and the County of Dougherty; and, for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Constitution of the State of Georgia be amended by adding thereto a paragraph to be known as Paragraph 11 of Section 1 of Article 11 of the Constitution of the State of Georgia, as follows: Par. XI, Sec, I, Art. XI. The General Assembly shall have the power to consolidate and combine all governmental functions and powers now vested in and exercised by the cities and municipalities, in the County of Dougherty, with the governmental functions and powers now vested in and exercised by the County of Dougherty; to create, designate, and give a name to the political subdivision composed of the entire area of Dougherty County; to vest in and confer upon such subdivision such authority and power as may be conferred upon cities and municipalities, or counties, or both, under existing laws; to abolish any and all offices now existing under the charters of any such cities and municipalities, and any and all offices now existing under any and all Acts relating to the government of Dougherty County, and, also, to abolish the offices of tax collector, tax receiver, tax commissioner, clerk of the superior court and ex-officio

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clerk for the City Court of Albany, ordinary, sheriff, coroner and county surveyor in Dougherty County, and to provide for the distribution of fines, forfeitures, penalties, fees and costs of the offices so abolished; to create new offices for the purpose of exercising and carrying out the powers to be vested in such political subdivision, and the powers and duties formerly appertaining to such offices so abolished and the powers and duties formerly exercised by Dougherty County and the cities and municipalities in Dougherty County; to divide such political subdivision into zones or districts for the purpose of taxation and other purposes; to fix a maximum rate of ad valorem taxation to be levied by authority of such political subdivision, within the various zones and districts, without regard to the uniformity of the rate; to provide for specific, business, occupations, franchise and license taxation; to abolish any and/or all offices, boards, commissions and courts now existing in the County of Dougherty, except the Superior Court of Dougherty County, and to create new offices, boards, commissions and courts in lieu thereof and to vest in them the powers, duties, and rights and liabilities of said offices, boards, commissions and courts thus abolished; and, also, to delegate to the authorities handling the fiscal affairs of said County of Dougherty, full power and authority to abolish all such offices, boards and commissions, and to create in lieu thereof new offices, boards and commissions to be vested with all of the duties and powers of said offices, boards and commissions thus abolished; to provide for the extension of fire protection and/or other particular municipal services and improvements to areas outside the cities and municipalities in Dougherty County and for the levying of taxes therefor and/or for the assessment of the costs thereof against the persons and the property in the areas to which said services are extended; to provide for a system of improvement and the paving of roads outside of the cities and municipalities of said county and for the assessment and collection of the costs thereof; to provide for the registration of voters, changing and abolishing of election precincts,

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and the procedure connected with these matters; to provide for the election of officials to plan and prepare for the new system of government and the operation thereof and the making of provisions for the proper offices and the machinery therefor; to provide for the employment of assistants to such officers; to provide for the payment of compensation to such officers and such assistants and to provide for the levying of taxes therefor, in addition to other taxes. The General Assembly, in exercising the powers herein conferred, may include in the Act or law or any amendment thereto any one or more of the powers or provisions herein enumerated, and may exclude therefrom any one or more of the powers or provisions herein enumerated, and in exercising the powers herein conferred, it shall not be necessary that the enactment, or enactments, of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Dougherty or the City of Albany. Notwithstanding this amendment or any action thereunder, said County of Dougherty shall remain a county, within the meaning of the Constitution and laws with reference to the levying of taxes, and all other matters where the provisions of such Constitution and laws do not conflict with this amendment, or the statutes passed pursuant thereto, and the urban district, or districts, now or hereafter embraced in, or corresponding to, the cities and municipalities located in Dougherty County, and each urban district now or hereafter embraced in, or corresponding to, any city in which may be located the sitting of any city court, shall still remain a city within the meaning of the provisions of Article VI, Section II, Paragraphs 8 and 9 of the Constitution, with reference to the City Courts of Atlanta and Savannah and other like courts, and, also, within the meaning of the Constitution and laws with reference to all other matters, where the provisions of such Constitution and laws do not conflict with this amendment or the statutes passed pursuant thereto; and for other purposes. Consolidation of city and county governments. Section 2. Be it further enacted by the authority aforesaid, that when this amendment shall be agreed

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to by a two-thirds vote of the members elected to each of the two Houses, it shall be entered on their journals, with the yeas and nays taken thereon, and shall be published in one or more of the newspapers in the County of Dougherty for two months previous to the time of holding the next general election, and shall be submitted to the people of Dougherty County and the City of Albany at the next general election. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words For ratification of amendment known as Paragraph 11, Section 1, Article 11 of the Constitution providing for the consolidation of the City of Albany and the County of Dougherty, and all persons voting at said election against adopting aid proposed amendment to the Constitution shall have written or printed on their ballots the words Against the ratification of amendment known as Paragraph 11, Section 1, Article 11 of the Constitution providing for the consolidation of the City of Albany and the County of Dougherty, and if a majority of the Dougherty qualified to vote for members of the General Assembly, voting thereon, shall vote for ratisfication thereof, when the returns thereof shall be consolidated as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted and make publication of the results of said election by one insertion in one of the daily newspapers of this State declaring the amendment ratified. Section 3. Be it further enacted by the authority aforesaid that all laws, and parts of laws, in conflict with this Act be and the same are hereby repealed. Notice is hereby given of intention to apply for passage of local or special legislation in the adjourned 1953 session of the General Assembly of Georgia applicable to the City of Albany and the County of Dougherty, being an act to propose to the qualified voters of the County of Dougherty and the City of Albany an amendment

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to the Constitution of the State of Georgia to be known and designated as Paragraph 11 of Section 1 of Article 11 of the Constitution of the State of Georgia, authorizing the General Assembly to consolidate and combine all governmental functions and powers now vested in and exercised by the cities and municipalities, in the County of Dougherty, with the governmental functions and powers now vested in and exercised by the County of Dougherty; to create, designate, and give a name to the political subdivision composed of the entire area of Dougherty County; to vest in and confer upon such subdivision such authority and power as may be conferred upon cities and municipalities, or counties, or both, under existing laws; to abolish any and all offices now existing under the charters of any such cities and municipalities, and any and all offices now existing under any and all Acts relating to the government of Dougherty County, and, also, to abolish the offices of tax collector, tax receiver, tax commissioner, clerk of the superior court and ex-officio clerk for the City Court of Albany, ordinary, sheriff, coroner and county surveyor in Dougherty County; to provide for the distribution of fines, forfeitures, penalties, fees and costs of the offices so abolished; to create new offices, for the purpose of exercising and carrying out the powers to be vested in such political subdivision, and the powers and duties formerly appertaining to such offices so abolished and the powers and duties formerly exercised by Dougherty County and the cities and municipalities in Dougherty County; to divide such political subdivision into zones or districts for the purpose of taxation and other purposes; to fix a maximum rate of ad valorem taxation to be levied by authority of such political subdivision, within the various zones and districts, without regard to the uniformity of the rate; to provide for specific, business, occupation, franchise and license taxation; to abolish any and/or all offices, boards, commissions and courts now existing in the County of Dougherty, except the Superior Court of Dougherty County, and to create new offices, boards, commissions, and courts in lieu thereof and to vest in

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them the powers, duties, and rights and liabilities of said offices, boards, commissions and courts thus abolished; and, also, to delegate to the authorities handling the fiscal affairs of said County of Dougherty, full power and authority to abolish all such offices, boards and commissions, and to create in lieu thereof new offices, boards and commissions to be vested with all of the duties and powers of said offices, boards and commissions thus abolished; to provide for the extension of fire protection and/or other particular municipal services and improvements to areas outside the cities and municipalities in Dougherty County and for the levying of taxes therefor and/or for the assessment of the costs thereof against the persons and the property in the areas to which said services are extended; to provide for a system of improvement and the paving of roads outside of the cities and municipalities of said county and for the assessment and collection of the costs thereof; to provide for the registration of voters, the use of voting machines, changing and abolishing of election precincts, and the procedure connected with these matters; to provide for the election of officials to plan and prepare for the new system of government and the operation thereof and the making of provisions for the proper offices and the machinery therefor; to provide for the employment of assistants to such officers; to provide for the payment of such officers and such assistants and to provide for the levying of taxes therefor; and to provide that the General Assembly, in exercising the powers herein conferred, may include in the Act or law or any amendment thereto any one or more of the powers or provisions herein enumerated, and may exclude therefrom any one or more of the powers or provisions herein enumerated, and in exercising the powers herein conferred, it shall not be necessary that the enactment, or enactments, of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Dougherty or the City of Albany; and to provide that, notwithstanding this amendment or any action thereunder, said County of Dougherty shall remain a county, within a meaning

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of the Constitution and laws with reference to the levying of taxes, and all other matters where the provisions of such Constitution and laws do not conflict with this amendment, or the statutes passed pursuant thereto, and the urban district, or districts, now or hereafter embraced in, or corresponding to, the cities and municipalities located in Dougherty County, and each urban district now or hereafter embraced in, or corresponding to, any city in which may be located the sitting of any city court, shall still remain a city within the meaning of the provisions of Article VI, Section II, Paragraphs 8 and 9 of the Constitution, with reference to the City Courts of Atlanta and Savannah and other like courts, and, also, within the meaning of the Constitution and laws with reference to all other matters, where the provisions of such Constitution and laws do not conflict with this amendment or the statutes passed pursuant thereto; to provide for the submission of said amendment to the qualified voters of the City of Albany and the County of Dougherty; and for other purposes. B. C. Gardner, Jr. G. Stuart Watson Rep. Dougherty County, Georgia Advertisement Albany Herald October 22, 29, November 5th. Georgia, Fulton County: Personally appeared before the undersigned, an officer duly authorized to administer oaths in and for said State and county, B. C. Gardner, Jr., and G. Stuart Watson, who on oath depose and say that they are the authors of the above and foregoing bill, and that the notice of intention to apply for the passage of said bill immediately preceding this affidavit was published in The Albany Herald, the newspaper in which the sheriff's advertisements for the City of Albany and the County of Dougherty are published, once a week for three weeks during a period of 60 days immediately

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preceding the introduction of said bill into the General Assembly; said notice having been published in said newspaper on October 22, October 29, and November 5, 1953. /s/ B. C. Gardner, Jr. B. C. Gardner, Jr. /s/ G. Stuart Watson G. Stuart Watson Sworn to and subscribed before me this the 16 day of November, 1953. /s/ Wm. B. Gunter Notary Public Hall County, Ga. $$missing$$ PORTRAIT OF U.S. SENATOR RICHARD B. RUSSELL, JR. No. 95 SENATE RESOLUTION NO. 94). A Resolution. Whereas, on August 30, 1953, the State of Georgia was saddened by the loss of one of its greatest ladies, Mrs. Richard B. Russell, Sr., of Winder, Georgia, and Whereas, at the time of her passing Mrs. Russell was possessed of a very fine portrait of her distinguished son, United States Senator Richard B. Russell, Jr., and Whereas, the family of Mrs. Richard B. Russell, Sr., being now possessed of such portrait, desires to donate the portrait to the State of Georgia for the purpose of it being hung in the State Capitol as part of the gallery of distinguished Georgians, and Whereas, the General Assembly, on behalf of the State of Georgia, desires to accept such donation and desires that the Secretary of State prepare appropriate

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ceremonies for the formal acceptance and the hanging of such portrait in the State Capitol. Now, Therefore, be it resolved, that the General Assembly, on behalf of the State of Georgia, with deep gratitude, accept from the family of Mrs. Richard B. Russell, Sr., the portrait of her distinguished son, United States Senator Richard B. Russell, Jr. Resolved further, that Ben W. Fortson, Jr., Secretary of State, is hereby directed to make preparation for an appropriate formal ceremony for the acceptance of such donation and the hanging of such portrait in the State Capitol. Approved December 9, 1953. TURNPIKE AUTHORITY ACT. No. 526 (House Bill No. 794). An Act to facilitate vehicular traffic in the State of Georgia by providing for the construction, maintenance, repair and operation of turnpike projects; creating the Georgia Turnpike Authority and defining its powers and duties; providing for financing such projects by the issuance and sale of revenue bonds of the Authority, payable solely from the tolls, other revenues and proceeds of such bonds; providing for the acquistion of property or rights therein by purchase or condemnation; providing for the collection of tolls and other revenues to pay the cost of construction, maintenance, repair and operation of such projects and to pay such bonds and the interest thereon; providing for payment by the State Highway Department for preliminary engineering and traffic studies and reports out of available funds to be reimbursed out of proceeds from the sale of revenue bonds; providing for the construction, repair and maintenance of feeder roads; providing for the severability of the provisions of this Act; to make

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bonds of the Authority legal investments; to authorize the issuance of refunding bonds; to define the duties of political subdivisions, and departments, agencies and commissions of the State; providing for exemptions from taxation; providing for the repeal of the Georgia Turnpike Authority Act No. 927, Georgia Laws of 1952; 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. (Projects) . In order to facilitate vehicular traffic and remove the present handicaps and hazards on the congested highways in the State, and to provide for the construction of modern express highways embodying every known safety device including center divisions, ample shoulder widths, longsight distances, multiple lanes in each direction and grade separations at all intersections with other highways and railroads, the Georgia Turnpike Authority (hereinafter created) is hereby authorized and empowered to construct, maintain, repair and operate turnpike projects (as hereinafter defined) at such locations as may be established under the provisions of this Act, and to issue revenue bonds of the Authority, payable solely from tolls and revenues, to finance such projects. Projects. Section 2. (Credit of State not pledged) . Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt or liability of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any such political subdivision, but such bonds shall be payable solely from the funds pledged for their payment as authorized herein, unless such bonds are refunded by refunding bonds issued under the provisions of this Act which refunding bonds shall be payable solely from funds pledged or available for their payment as authorized herein. All such revenue bonds shall contain on the face thereof a statement to the effect that the Authority is obligated to pay the principal of such bonds and the interest thereon only from the tolls, other revenues and proceeds of such

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bonds, and that neither the State nor any political subdivision thereof is obligated to pay the same or the interest thereon and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. Credit of State not pledged. All expenses incurred in carrying out the provisions of this Act shall be payable solely from funds provided under the provisions of this Act and nothing in this Act contained shall be construed to authorize the Authority to incur indebtedness or liability on behalf of or payable by the State or any political subdivision thereof. Section 3. (Georgia Turnpike Authority) . There is hereby established a body corporate and politic, with corporate succession, to be known as the Georgia Turnpike Authority. The Authority is hereby constituted a public corporation and an instrumentality of the State exercising public essential governmental functions, and the exercise by the Authority of the powers conferred by this Act in the construction, operation and maintenance of turnpike projects shall be deemed and held to be an essential governmental function of the State. Georgia Turnpike Authority. The Georgia Turnpike Authority shall consist of three members, each of whom shall be a resident of the State, who shall have been a qualified elector herein for a period of at least one year next preceding his appointment. Each member of the Authority shall be appointed by the Governor, with the advice and consent of the Senate, for a term of five years and shall serve until his successor is appointed and has qualified, except that of the first appointments hereunder, one shall be for a term of two years and one for a term of three years, and one for a term of five years, and they shall serve until their respective successors are appointed and have qualified. The term of each of the first appointees hereunder shall be designated by the Governor. Such original appointments, if made while the legislature is not in session, shall be considered as interim appointments with full power in the appointees to act, and interim appointments may be

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made from time to time during recess of the legislature. One of the original appointees shall be a member of the State Highway Board at the time of his appointment. Each member of the Authority before entering upon his duties shall take and subscribe an oath to perform the duties of his office faithfully, impartially and justly to the best of his ability. A record of such oaths shall be filed in the office of the Secretary of State. Members. Any vacancies in the membership of the Authority occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. Vacancies. The Governor shall designate one of the members of the Authority as chairman thereof and another member as vice-chairman thereof. The chairman and vice-chairman of the Authority so designated shall serve as such at the pleasure of the Governor and until their respective successors have been designated, but termination of his service as chairman or vice-chairman shall not affect his tenure as a member. The Authority shall elect a secretary and treasurer who need not be a member. Two members of the Authority shall constitute a quorum and the vote of two members shall be necessary for any action taken by the Authority. No vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Chairman, vice-chairman. Before the issuance of any revenue bonds under the provisions of this Act, each member of the Authority shall execute a surety bond in the penal sum of twenty-five thousand dollars ($25,000.00), and the secretary and treasurer shall execute a surety bond in the penal sum of fifty thousand dollars ($50,000.00), each such surety bond to be conditioned upon the faithful performance of the duties of the office of such member or secretary and treasurer, as the case may be, to be executed by a surety company authorized to transact business in the State of Georgia as surety and to be approved by the Attorney General and filed in the office of the Governor. The cost of procuring such bonds shall be a proper expense of the

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Authority. Each member shall be reimbursed by the Authority for his actual expenses necessarily incurred in the performance of his duties; and the cost of procuring the fidelity bonds and the reimbursement of actual expenses of the members shall be paid solely from funds provided under the authority of this Act. Surety bonds. Expenses of members. Section 4. (Definitions) . As used in this Act, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent: (a) The word Authority shall mean the Georgia Turnpike Authority, created by Section Three of this Act, or, if said Authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this Act to the Authority shall be given by law. Authority. (b) The word project shall mean any turnpike or any combined turnpike and bridge or bridges, at such locations and between such termini as may be established under the provisions of this Act, and constructed or to be constructed under the provisions of this Act by the Authority, and shall include, and the word turnpike shall also include, but not be limited to, all bridges, tunnels, overpasses, underpasses, interchanges, entrance places, approaches, feeder roads, toll houses, service areas, service stations, service facilities, communications facilities, and administration, storage and other buildings which the Authority may deem necessary for the operation of such project, together with all property rights, easements and interests which may be acquired by the Authority for the construction or the operation of such projects. Each project shall be separately designated by number or name and may be constructed or extended in such sections as the Authority may from time to time determine. Project. (c) The word bonds or the words revenue bonds or the words turnpike revenue bonds shall mean bonds of the Authority authorized under the provisions of this Act. Bonds.

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(d) The words public highways shall include all public highways, roads and streets in the State, whether maintained by the State or by any county, city, town, village, or other political subdivision. Public highways. (e) The word owner shall include all individuals, copartnerships, associations, private or municipal corporations and all political subdivisions of the State and railroad corporations and other public utility corporations or public service corporations having any title or interest in any property, rights, easements and interests authorized to be acquired by this Act. Provided further, that no turnpike shall be constructed so as to parallel any part of an existing main line railroad track at a distance less than 1,000 feet from such track, except at the approach to railway crossings. Owner. (f) The words feeder road shall mean any road which in the opinion of the Authority is needed to create or facilitate access to a turnpike project upon which a toll is charged for transit. Feeder roads. (g) Turnpike is defined in this Act to be a north and south turnpike only and beginning at the Tennessee line and going south to the Florida line along with the proposal of several States to connect the super-turnpike. Turnpike. Provided further that this Authority will in no case have the authority to include in any toll road any existing four-lane highway, or any part thereof, now on the State highway system. Section 5. (General grant of powers) . The Authority shall be a body corporate and politic and shall have perpetual succession and shall have the following powers: (a) To adopt bylaws for the regulation of its affairs and the conduct of its business; (b) To adopt an official seal and alter the same at pleasure; (c) To maintain an office at such place or places within

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the State as it may designate; provided that the principal office of the Authority shall be in Fulton County, Georgia; (d) To sue and be sued in its own name in like manner and on like causes of actions as private corporations; General grant f powers. (e) To construct, maintain, repair and operate turnpikes or combined turnpikes and bridges and to fix and determine the location of such projects. Provided that when the Authority shall determine the location of a turnpike project or of a combined turnpike and bridge project, the location of the termini thereof as determined by the Authority shall be subject to the approval of the Governor and of the State Highway Board: Provided also that no bridge shall be constructed except as a part of a turnpike as herein defined; (f) To issue turnpike revenue bonds or turnpike and bridge revenue bonds of the Authority, for any of its corporate purposes, payable solely from the tolls, other revenue and proceeds of such bonds, and to refund its bonds, all as provided in this Act; provided all revenue bonds or revenue obligations issued under this Act shall be sold by public competitive bids; (g) To fix and revise from time to time and charge and collect tolls for transit over each project constructed by it; (h) To establish rules and regulations for the use of any project; (i) To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under this Act; (j) To designate the locations, and establish, limit and control such points of ingress to and egress from each turnpike project or combined turnpike and bridge project as may be necessary or desirable in the judgment of the Authority to insure the proper operation and maintenance

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of such project, and to prohibit entrance to such project from any point or points not so designated; (k) To provide an underpass or culvert to provide access between the divided lands of an owner when a turnpike divides such owner's land; (l) To construct, repair and maintain any feeder road which in the opinion of the said Authority will increase the use of a turnpike project to which the said road is a feeder. The Authority is authorized to take over for maintenance and repair any existing road which is needed as a feeder road, but before exercising such power, the consent of the local authorities, then exercising jurisdiction over the said existing road, must be obtained. The Authority is authorized to realign any such existing road and to build additional sections of road over new alignment in connection with such existing road or roads. In any case where a feeder road is constructed over new alignment, the Authority is granted the same powers concerning the constructing thereof as is granted in connection with the construction of the turnpike project by the terms of this Act. Any feeder road, eighty per centum (80%) or more of which is built over new alignment, shall for the purpose of this Act be deemed to be a new feeder road. In any case where the Authority has constructed a new feeder road, the Authority shall have the obligation to maintain and repair such new feeder road until such time as the turnpike project, in connection with which the said new feeder road shall have been constructed, shall be turned over to the State Highway Department pursuant to the provisions of this Act. The Authority is authorized to turn back to local authorities any road or portions of road taken from such local authorities in connection with the establishing of a feeder road. No road or portion of road constructed upon a new alignment shall be turned back until the turnpike project shall have been turned over to the State Highway Department, except where a new alignment has been constructed in substitution of existing alignment. No toll shall be charged for transit between points on any feeder road or on any new feeder road.

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(m) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Act: Provided that all construction contracts shall be let upon public competitive bids upon plans and specifications approved by the State Highway Department or its successors in office. (n) To appoint such additional officers, who need not be members of the Authority, as the Authority deems advisable, and to employ consulting engineers, attorneys, accountants, construction financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment; to fix their compensation; and to promote and discharge such officers, employees and agents; all without regard to any other general or special laws. (o) To receive and accept from any Federal agency, subject to the approval of the Governor, grants for or in aid of the construction of any project, and to receive and accept aid or contributions from any source, of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made; and (p) To do all acts and things necessary or convenient to carry out the powers expressly granted in this Act. Section 6. (As to waters separating Georgia and adjoining States) . If the Authority should determine that it is feasible and advisable to construct a bridge over or a tunnel under a river or water separating Georgia and an adjoining State as part of a combined bridge and turnpike project, the Authority is authorized to purchase and accept such land and rights in such other States as may be deemed necessary by the Authority for the purpose, and for such purpose to exercise in any such adjoining State such powers of eminent domain and such rights and franchises as may be conferred on the State of Georgia by any Act of the legislature of such adjoining State now in force or which may hereafter be enacted, or which may be

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granted or assigned to the State of Georgia or to the Authority. Waters separating Georgia and adjoining State. Section 7. (Acquisition by purchase or by power of eminent domain) . The Authority shall have power to acquire in the name of the Authority by purchase or otherwise, from the owners thereof, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land and other property or easements upon or rights therein that the Authority may determine is reasonably necessary for any project or the re-location or reconstruction of any highway by the Authority under the provisions of this Act or for the construction of any feeder road as defined in this Act, and any and all rights, title and interest in such land and other property, including public lands, parks, playgrounds, reservations, highways or parkways, owned by or in which any county, city, town, village, or other political subdivision of the State of Georgia has any right, title or interest, or parts thereof or rights therein and any fee simple, absolute, easements upon, or any lesser or other interest in private property of any owner, and any fee simple, absolute interest in, easements upon, or the benefit of restrictions upon, abutting property to preserve and protect turnpike projects. Purebases. In the event the Authority and any owner of land or property through negotiation are unable to agree upon the amount of compensation to be paid for such land or property or easements or rights therein, the Authority may thereupon proceed in the exercise of the power of eminent domain. Eminent domain. The said Authority in the exercise of the power of eminent domain shall follow the same procedure as now authorized by law for the condemnation of land for public highways except the right of way will be limited to 350 feet. In the event any existing 4-lane roads now in existence in this State are incorporated and made a part of any toll road constructed under this Act, the owners of property

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adjacent to such 4-lane road shall be considered as property owners and before the State Highway Department shall turn over said road, the said Authority shall acquire by lease, purchase, or eminent domain such adjoining property as provided by this Act. Section 8. (Incidental powers) . Subject to approval by the State Highway Board, the Authority shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of such highways so as to accommodate the same to the design of such grade separation. The cost of such grade separations and any damage incurred in changing and adjusting the lines and grades of such highways shall be ascertained and paid by the Authority as a part of the cost of such turnpike project. Incidental powers. If the Authority shall find it necessary to change the location of any portion of any public highway, it shall cause the same to be reconstructed at such location as the Authority shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of such reconstruction and any damage incurred in changing the location of any such highway shall be ascertained and paid by the Authority as part of such turnpike project. Any public highway affected by the reconstruction of any project may be vacated or relocated by the Authority in the manner now provided by law for the vacation or relocation of public roads, and any damages awarded on account thereof shall be paid by the Authority as a part of the cost of such projects. In addition to the foregoing powers the Authority and the State Highway Department and their 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, nor

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shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending. The Authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such activities. The Authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and renewal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called public utility facilities) of any railroad or other public utility in, on, along, over or under any project. Whenever the Authority shall determine that it is necessary that any such public utility facilities which now are, or hereafter may be, located in, on, along, over or under any project shall be relocated in such project, or should be removed from such project, the railroad or public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the Authority; provided, however, that the cost and expenses of such relocation or removal, including the cost of installing such facilities in a new location, or new locations, and the cost of any lands, or any rights or interest in lands, and any other rights, acquired to accomplish such relocation or removal, shall be ascertained and paid by the Authority as a part of the cost of such turnpike project. In case of any such relocation or removal of facilities, as aforesaid, the public utility owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations. With respect to a project over or under the tracks or right-of-way of a railroad, the design for such structure by the Authority shall, if practicable and feasible, be limited to an easement over or under the railroad tracks and railroad right-of-way, and if a pier or piers upon a railroad right-of-way is deemed by the Authority to be absolutely necessary for such structure, then such pier

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or piers shall be so located as not to interfere with the tracks or with the movement of trains upon the tracks. During the construction period of a project over or under the tracks of a railroad, the plan and procedure of such construction work shall be so determined by the Authority as to cause the least amount of interference with the movement of the trains of such railroad, and any such plans of procedure during construction shall set forth whatever temporary detour tracks, if any, may be necessary; to the end and intent that the Authority shall proceed with the construction of a project in such a manner as to cause the least possible interference with the usual and ordinary movement of trains of the railroad, and that after such construction is completed the railroad may thereafter maintain its usual and customary operation of trains on its tracks as originally located. All costs and expenses during the construction of a project incident to the safeguarding of the movements of trains and to the temporary use of detour tracks, if any, and all costs relative to the construction of train tressels or bridges for railroad tracks and trains made necessary by a turnpike passing under railroad tracks shall be expenses of the Authority and a part of the cost of such project. As a preliminary to any condemnation proceeding against a railroad for land or easements or rights, the Authority shall first present to the railroad company the plans and specifications for such project over or under the tracks and right-of-way of the railroad, together with the plan of procedure during construction of the project. The Authority shall not file a condemnation proceeding against a railroad company for land, easements or rights until the expiration of sixty days after the Authority shall have submitted to the railroad company such plans and specifications and plan of construction procedure. Section 9. (Bonds) . The Authority is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of bonds of the Authority for any of its corporate purposes, including the refunding of its bonds. Any such resolution for the issuance of bonds may apply either to a single project or to two or more projects combined for financing purposes into one resolution.

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The principal and the interest on any issue of such 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 or projects financed in whole or in part with the proceeds of such issue or with the proceeds of bonds refunded or to be refunded by such issue; provided, that the proceeds of any such bonds may be used or pledged for the payment or security of the principal of or interest on bonds and for the establishment of any or all reserves for such payment or security or for other proper purposes as the Authority may authorize in the resolution authorizing the issuance of bonds or in the trust agreement securing the same. If the proceeds of the bonds of any issue, by reason of increased costs in construction or for any other reason, shall be less than is actually necessary to meet the cost of the project or projects for which such bonds shall have been issued, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, such additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority over the bonds first issued. If the proceeds of the bonds of any issue shall exceed the cost of the project or projects for which the same shall have been issued the surplus shall be deposited to the credit of the sinking fund for such bonds, unless the Authority, by appropriate resolution, shall direct the use of such surplus for some other project. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall mature at such time or times not exceeding thirty-five years from their date or dates, 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 prior to the issuance of the bonds. The Authority shall determine the form of the bonds including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may

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be at any bank or trust company within or without the State. The bonds shall be signed by the chairman of the Authority or shall bear his facsimile signature and the official seal of the Authority or a facsimile thereof shall be impressed, imprinted, engraved or otherwise reproduced thereon. The official seal or facsimile thereof shall be attested by the secretary and treasurer of the Authority, or by such officer or agent as the Authority shall appoint and authorize, and any coupons attached to such bonds shall bear the facsimile signature of the chairman of the Authority. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All 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. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The Authority may sell such bonds at such price as it may determine to be for the best interests of the Authority. Neither the members of the Authority nor any person executing the bonds shall be personally liable on the bonds or be accountable by reason of the issuance thereof except in accordance with the provisions of this Act. Bonds. The proceeds of the bonds of each issue shall be disbursed in such manner and under such restrictions, if any, as the Authority may provide in the resolution authorizing the issuance of such bonds or in the trust agreement hereinafter mentioned securing the same. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable

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for definitive bonds when such shall have been executed and are available for delivery. The Authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued under the provisios of this Act without obtaining the consent of any department, division, commission, board, bureau or agency of the State, and without any other proceedings or the happenings of any other conditions or things which are specifically required by this Act. The State of Georgia does pledge to agree with the holders of the bonds issued pursuant to the authority contained in this Act, that the State will not limit or restrict the rights hereby vested in the Authority to maintain, construct, reconstruct, and operate any project as defined in this Act, or to establish and collect such charges and tolls as may be convenient or necessary to produce sufficient revenue to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized by this Act or in any way impair the rights or remedies of the holders of such bonds until the bonds, together with interest thereon, are fully paid and discharged. Section 10. (Trust agreement) . In the discretion of the Authority any bonds issued under the provisions of this Act may be secured by a trust agreement 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 without the State. Such trust agreement or the resolution providing for the issuance of such bonds (subject to the provisions of Section Nine of this Act) may pledge or assign tolls or other revenues to which the Authority's right then exists or may thereafter come into existence, and the moneys derived therefrom, and the proceeds of such bonds, but shall not convey or mortgage any project or any part thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders

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as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation and insurance of the project or projects, the rates of tolls and revenues to be charged, the payment, security or redemption of bonds, and the custody, safeguarding and application of all moneys, and provisions for the employment of consulting engineers in connection with the construction or operation of such turnpike project or projects. It shall be lawful for any bank or trust company incorporated under the laws of the State which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority. Any such trust agreement or resolution may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual rights of action by bondholders. In addition to the foregoing, any such trust agreement or resolution 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 the provisions of such trust agreement may be treated as a part of the cost of the operation of the project or projects. Any pledge of tolls or other revenues or other moneys by the Authority shall be valid and binding from the time when the pledge is made; the tolls or other revenues or other moneys so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise agaisnt the Authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the Authority. Section 11. (Revenues) . The Authority is hereby authorized to fix, revise, charge and collect tolls for the use

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of each project and the different parts or sections thereof, and after publicly advertising for bids, upon acceptance of the highest and best bid, to contract with any person, partnership, association or corporation desiring the use of any part thereof, icluding the right-of-way adjoining the paved portion, for placing thereon telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels, and restaurants, or for any other purpose except for tracks for railroads or railway use, and to fix the terms, conditions, rents and rates of charges for such use; provided, that a sufficient number of gas stations must be authorized to be established in each service area along any such highway to permit reasonable competition by private business in the public interest; Provided that no one person, partnership, association, or corporation shall be awarded more than ten contracts for service areas or parts thereof on the entire length of any single turnpike project, and provided furhter that the authority shall not enter into any contract or agreement with any person, partnership, association, or corporation, allowing the operation of any gas station, garage, store, hotel or restaurant without first receiving bids from responsible parties, and having complied with the requirements of public advertisement for bids as set out in this section above and such bids shall be received on each and every separate establishment. Adequate provision shall be made in each case to permit competition among suppliers of the needed goods and services to the maximum extent possible. No department, commission, board, authority, or other agency of the State nor any political subdivision thereof shall conduct any commercial enterprise or activity for the purpose of providing service facilities for users of toll roads and limited access facilities. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any 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

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of such bonds or of the trust agreements securing the same. Revenues. Section 12. (Trust Funds) . All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of bonds or as revenue, shall be deemed to be trust funds, to be held and applied solely as provided in the Act, and shall not inure to the private profit or gain of the Authority, or any member thereof. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof subject to such regulations as this Act and such resolution or trust agreement may provide. Trust funds. Section 13. (Remedies) . Any holder of bonds issued under the provisions of this Act or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement, may, by civil action or proceeding at law or in equity, protect and enforce any and all rights under the laws of the State or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this Act or by such trust agreement or resolution to be performed by the Authority or by any officer thereof, including the fixing, charging and collecting of tolls. The remedy in equity of any holder of bonds shall include the remedy of application for a receiver as provided by Section 8 of the Act of the General Assembly approved March 31, 1937, known as the Revenue Certificate Law (Ga. Laws 1937, pp. 761, 767.) Remedies of bondholders. Section 14. (Exemption from taxation) . All property of the Authority shall be held and deemed to be public property within the meaning of Article VII, Section I, Paragraph IV of the Constitution of Georgia, and shall not be used for the purpose of private or corporate profit and income, but for the purposes provided by this Act.

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The exercise of the powers granted by this Act will be in all respects for the benefit of the people of the State, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of projects by the Authority will constitute the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon any project or any property acquired or used by the Authority under the provisions of this Act or upon the income therefrom, and any project and any property acquired or used by the Authority under the provisions of this Act and the income therefrom, and the bonds issued under the provisions of this Act, their transfer and the income therefrom (including any profit made on the sale, thereof) shall be exempt from taxation. Exemption from taxation. Section 15. (Bonds eligible for investment) . Bonds issued by the Authority under the provisions of this Act are hereby made securities in which the State and all political subdivisions of this State, their officers, boards, commissions, departments or other agencies, all banks, bankers, savings banks, trust companies, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds including capital belonging to them or within their control; and said bonds or other securities or obligations are hereby made securities which may properly and legally be deposited with and received by any State or municipal officers or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law. Bonds as legal investments. Section 16. (Miscellaneous) . Each project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the Authority. Each

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such project shall also be policed and operated by such force of police, tolltakers and other operating employees as the Authority may in its discretion employ. Maintenance of projects. All counties, cities, towns, villages, and other political subdivisions and all public departments, agencies and commissions of the State of Georgia notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the Authority at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, villages, and political subdivisions and departments, agencies or commissions of the State may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the Authority, including public roads and other real property already devoted to public use. Leases and grants of real property. On or before the thirtieth day of January in each year the Authority shall make an annual report of its activities for the preceding calendar year to the Governor and to the legislature. Each such report shall set forth a complete operating and financial statement covering the operations during the year. The Authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or of operation of the project. Reports. Any member, agent or employee of the Authority who is interested, either directly or indirectly, in any contract of another with the Authority, or in the sale of any property, either real or personal, to the Authority, shall be guilty of a misdemeanor and upon conviction punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. Contracts. All motor common carriers that now hold certificates authorizing them to operate over the public highways of

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this State that will parallel a turnpike herein authorized are hereby granted the right to operate their vehicles upon and over said turnpike under their present certificates upon compliance with the payment of the required tolls. Motor carriers. Section 17. (Refunding bonds) . The Authority is hereby authorized to provide by resolution for the issuance of refunding bonds of the Authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this Act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the Authority, for the additional purpose of constructing improvements, extensions, or enlargements of the project or projects in connection with which the bonds to be refunded shall have been issued. The Authority is further authorized to provide by resolution for the issuance of its bonds for the combined purpose of (a) refunding any bonds then outstanding which shall have been issued, under the provisions of this Act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and (b) paying all or any part of the cost of any additional project or projects. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the Authority in respect of the same, shall be governed by the provisions of this Act in so far as the same may be applicable. Refunding bonds. Section 18. (Cessation of tolls) . 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 if then in good condition and repair to the satisfaction of the State Highway Department, shall become part of the State

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Highway system and shall thereafter be maintained by the State Highway Department free of tool. Cessation of tolls. Section 19. (Preliminary and other expenses) . The State Highway Department is hereby authorized in its discretion to expend out of any funds available for the purpose such moneys as may be necessary for the study of any project or projects and to use its engineering and other forces, including other consulting engineers and other traffic engineers, for the purpose of effecting such study and to pay for such additional engineering and traffic and other expert studies as it may deem expedient, and all such expenses incurred by the department shall be paid by the department and charged to the appropriate project or projects, and the department shall keep proper records and accounts showing each amount so charged. Upon the sale of revenue bonds for any project or projects, the funds so expended by the State Highway Department in connection with such project or projects shall be reimbursed by the Authority to the State Highway Department from the proceeds of such bonds. Preliminary and other expenses. Any obligation or expense hereafter incurred by the State Highway Department with the approval of the Authority for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as a part of the cost of such project and shall be reimbursed to the State Highway Department out of the proceeds of bonds herein authorized. The Authority is also authorized to reimburse the State Highway Department the amounts of money heretofore advanced by the State Highway Department for preliminary engineering and traffic studies and investigations and reports with respect to the turnpike heretofore contemplated between Cartersville and the Tennessee line under the provisions of the Georgia Turnpike Authority Act No. 927, Georgia Laws of 1952, approved February 15, 1952, and such reimbursement may be made from the proceeds of sale of revenue bonds for the first

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project or subsequent projects determined upon by the Authority under the provisions of this Act. Section 20. (Additional method) . The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing, provided, however, that the issuance of revenue bonds or refunding bonds under the provisions of this Act need not comply with the requirements of any other law applicable to the issuance of bonds, except as hereinafter provided. Section 21. (Validation) . Bonds of the Authority shall be confirmed and validated in accordance with the procedure provided by the Revenue Certificate Act approved March 31, 1937 (Ga. Laws 1937, p. 761) as amended, and as embodied in Annotated Code of Georgia Sections 87-8. All such validation proceedings shall be brought in the Superior Court of Fulton County. Validation. Section 22. (Venue and jurisdiction) . Any action brought to protect or enforce any rights under the provisions of this Act, brought in the courts of this State, shall be brought in the Superior Court of Fulton County; provided, however, except in cases to validate bonds issued hereunder, all actions brought by or in the name of the Authority against a resident or residents of this State shall be brought in the county of the residence of the defendant or of either of them. Venue and jurisdiction. Any question as to the validity or legal effect of this Act or any section or part thereof may be settled by a suit for declaratory judgment brought in the Superior Court of Fulton County by the Attorney-General on behalf of the State or on behalf of the State Highway Department, upon order of the Governor, against the Authority. The authority conferred upon the State Highway Department by this Act and the duties required of that department shall sufficiently evidence an actual controversy

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to support such an action. In any such case either party may appeal from any adverse decision as now provided by law. The remedy afforded by this section shall be cumulative, and not exclusive, of other existing remedies. Provided, however, that the Authority shall, after the completion of any turnpike, be subject to suit in any county in which any part of such turnpike is constructed to the same extent as any other corporation doing business in such county, in any cause of action arising out of the operation of said turnpike; but this shall not authorize any suit in equity in such county. Section 23. (Liberal construction) . This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purpose thereof. Section 24. (Effective date) . This Act shall become law upon its passage and approval by the Governor. But, no project may be initiated nor any funds expended except those provided by Section 19 herein except, upon a formal proclamation by the Governor that such project is feasible and is necessary to avoid the loss of tourist traffic to and through the State of Georgia by reason of contemplated construction of turnpikes and bridges by adjoining States. Section 25. (Severability) . If any provisions 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 provisions or applications, and to this end the provisions of this Act are declared to be severable. Section 26. All other general or special laws, or parts thereof, inconsistent herewith are hereby declared to be inapplicable to the provisions of this Act; and all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

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Section 27. This Act shall be known as and may be cited as the Georgia Turnpike Authority Act. Title. Section 28. And be it further enacted that the Georgia Turnpike Authority Act No. 927, Georgia Laws 1952, approved February 15, 1952, be and the same is hereby repealed. Act of 1952 repealed. Approved December 9, 1953. SCHOOL TEACHERSSICK LEAVE. No. 531 (House Bill No. 517). An Act provide that teachers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service; to provide for the accumulation of such leave over each school year; to prescribe rules for the taking of such sick leave; to provide that the cost of employing substitute teachers shall not be imposed upon teachers absent on sick leave; to repeal conflicting laws; for for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Each person employed as a teacher in any public school of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative over each school year, but not cumulative from one school year to the next. A teacher may utilize sick leave upon the approval of the principal of the school in which such teacher is employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the teacher's immediate family.

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Teachers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other non-work days. Sick leave. Section 2. No teacher utilizing sick leave under the provisions of this Act shall be required to pay the cost of employing a substitute teacher to serve in his absence on such sick leave. Substitutes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 10, 1953. TALBOT SUPERIOR COURT TERMS. No. 532 (Senate Bill No. 158). An Act to change the time of holding the Superior Court of Talbot County; to provide that it shall be in the discretion of the judge as to whether or not a grand and traverse jury is drawn for the August term of said court; 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 Talbot County shall be held on the second Monday in March and November and on the third Monday in August. The March and November terms of said court shall be the regular terms of said court. Whether or not a grand and traverse jury is drawn for the August term shall be left to the discretion of the judge of the superior court of said county. Terms. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 10, 1953.

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GEORGIA FOREST RESEARCH COUNCIL. No. 536 (House Bill No. 676). An Act to create an agency of the State to be known as Georgia Forest Research Council; to establish for the operation of said Georgia Forest Research Council a board of commissioners, and to provide for the appointment and terms of office of the members of the commission and the election of a chairman thereof, the terms of office, compensation and duties; to provide for the powers and duties of the council; to authorize employment by the council of necessary employees; to provide for meetings of said commission and a quorum for such meetings; to provide for operating expenses; 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. There is hereby created and established an agency of the State of Georgia to be known as Georgia Forest Research Council. Council. Section 2. Georgia Forest Research Council shall be under the direction and supervision of a board of commissioners (hereinafter referred to as board), which shall be composed of seven members appointed by the Governor, one of which shall be the Director of the Georgia Forestry Commission. In making appointments, the Governor shall select citizens conversant with the needs and the type of research desirable or necessary in connection with some phase of forestry, and qualified to direct and supervise the work of the council. Members. Section 3. The first board of commissioners shall hold office as follows: Two members to serve for a term of of three years; two members to serve for a term of six years; two members shall serve for a term of nine years. The Director of the Georgia Forestry Commission shall serve for the term of his office as director. All of said terms shall date from January 1, 1954. The Governor

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in making said appointments shall designate the holders of the respective terms. Successors to the persons so appointed shall hold terms of office for nine years from the expiration of the previous term: Provided, however, that the member director of the Georgia Forestry Commission shall be succeeded on such commission by his successor in office as Director of the Georgia Forestry Commission. Terms. Section 4. Any member of the board may be removed from office by the Governor for neglect of duty or malfeasance in office. Upon the removal of a member of the board from office, or upon the resignation or death of a member of the board, the Governor shall appoint a new member for the unexpired term of the member who was so removed, or who resigned or died. After members of the Board are once removed from office for cause shown, such members shall not thereafter be appointed or reappointed as such, nor shall they be employed by the board in any capacity. Removal. Vacancies. Section 5. The board shall elect one of their members to act as its chairman and his term of office as chairman shall be three years from the date of his election. Whenever the term of office of the chairman of the board shall expire, his successor shall be elected from the members of the board for a term of three years from the expiration of the term of his predecessor: Provided, that the board may reelect as chairman a member of the board whose term of office as chairman has expired; and provided, further, that no member of the board shall be elected to the office of chairman whose unexpired term as a member of the board shall be less than three years. At any time a member of the board then serving as chairman shall be removed from office as a member, as provided in this Act, or shall resign from the board or shall die, the members of the board shall elect his successor to serve the unexpired term of office. Chairman. Section 6. Any four members of the board shall constitute a quorum which shall be authorized to transact

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the business of the board and discharge the duties and exercise the powers of the board enumerated in this Act. Quorum. Section 7. The members of the board shall receive no compensation for their srvices nor shall they be entitled to any per diem or travel expenses. The board shall meet not less than twice a year and such meetings may be held at any place in the State of Georgia provided that all members are given reasonable notice of the time and place of such meetings. Meetings. Section 8. The board shall maintain an office and keep permanent and complete records of its proceedings, meetings, hearings and decisions; also, shall employ such assistants, technical, clerical or otherwise, and such other employees as the board in the exercise of its discretion shall deem necessary or proper to the effectual discharge of the duties and the exercise of the powers of the board enumerated in this Act; fix, prescribe and change the compensation and duties of any such employees. Office. Employees. Section 9. The board shall have the duties and powers hereinafter set out: (a) To investigate subjects or methods, means and ways of carrying out such forestry research as they may determine most desirable or necessary in any phase of forestry or any research which would benefit the promotion of forestry in the State of Georgia, or which would be for the benefit of any industry either privately owned or owned by Federal or State Governments, or any subdivision thereof. Duties and powers. (b) To promote and assist in the publicizing of the result of any research connected with any phase of forestry. The board shall cooperate with, and are hereby specifically authorized to counsel and advise with any private industry, agency or agencies of the Federal Government this State, other States and local governments having duties, powers or objectives similar or related to those of the council.

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(c) It shall be the purpose and duty of the board to coordinate all forestry research in the State of Georgia and to see that there is no duplication of research by any agency of the State with any research by the Federal Government, any county, municipal or local government, any board, bureau, commission, or any other organization, public or private, but shall investigate and determine what forestry research is being done or carried on by any of the above and shall with this information advise with and furnish information to any of the others engaged in forestry research. Section 10. In addition to the above duties and powers, it shall further be the duty of the council to designate any agency of the State or Federal Government, or any subdivision thereof, or any other organization which is organized for the purpose of and engaged in forestry research, to carry out any research or experiment in connection with forestry which it deems has the best facilities or is otherwise best suited for carrying out the particular research or experiment, and may from its funds herein provided for allocate to such agency or organization such amount as it deems necessary for such particular research or experiment. Cooperating agencies. Section 11. For carrying out any of the above stated objectives, the Georgia Forest Research Council may accept appropriations, grants or gifts from the Federal Government, the State government, any county, municipal or local government, any board, bureau, commission, agency or establishment of any such government, any other organizations, public or private, and any individual or groups of individuals or corporations and such grants or gifts shall be held and administered subject to the provisions of this Act. Grants, gifts. The State Budget Bureau is hereby authorized to make an allotment of funds annually from the emergency funds in an amount sufficient to meet the necessary operating costs of the Georgia Forest Research Council in the discretion of the Budget Bureau: Provided, however, that any and all unexpended funds from any appropriations

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now in existence to any agency of the State which were earmarked in the Appropriation Act of 1953 for forestry research shall be transferred from such agency or agencies to the Georgia Forest Research Council to be reallocated for such research or experiment work as the Council, after due investigation and consideration, deems in the best interest of forestry research. Funds. Section 12. All laws or parts of laws in conflict with this Act are hereby repealed. Section 13. This Act shall become effective immediately upon its passage by the General Assembly and approval by the Governor. Section 14. If any clause, section, provisions, or portion of this Act shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding or judgment shall not affect or invalidate any other clause, section, provision or portion hereof. Approved December 10, 1953. REGIONAL FOREST FIRE PROTECTION COMPACT. No. 537 (House Bill No. 677). An Act providing that the State of Georgia may enter into a compact with any one or more of the States of Alabama, Florida, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, to promote effective prevention and control of forest fires in the southeastern region of the United States; providing for members from the State of Georgia to an advisory committee to administer said compact; and providing for the carrying out of said compact. 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 Governor on behalf of this State is hereby authorized to execute a compact, in substantially the following form, with any one or more of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, and the legislature hereby signifies in advance its approval and ratification of such compact: Compact with other States. Article I. The purpose of this compact is to promote effective prevention and control of forest fires in the Southeastern region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member States, by providing for mutual aid in fighting forest fires among the compacting States of the region and with States which are party to other regional forest fire protection compacts or agreements, and for more adequate forest protection. Article II. This compact shall become operative immediately as to those States ratifying it whenever any two or more of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, which are contiguous have ratified it and Congress has given consent thereto. Any State not mentioned in this article which is contiguous with any member State may become a party to this compact, subject to approval by the legislature of each of the member States. Article III. In each State, the State forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that State and shall consult with like officials of the other member States and shall implement cooperation between such States in forest fire prevention and control. The compact administrators of the member States shall coordinate the services of the member States and provide administrative integration in carrying out the purposes of this compact.

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There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member State shall name one member of the Senate and one member of the House of Representatives who shall be designated by that State's commission on interstate cooperation, or if said commission cannot constitutionally designate the said members, they shall be designated in accordance with laws of that State; and the Governor of each member State shall appoint two representatives, one of whom shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting States, and each State shall be entitled to one vote. The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member States. It shall be the duty of each member State to formulate and put in effect a forest fire plan for that State and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators. Article IV. Whenever the State forest fire control agency of a member State requests aid from the State forest fire control agency of any other member State in combating, controlling or preventing forest fires, it shall be the duty of the State forest fire control agency of that State to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home. Article V. Whenever the forces of any member State are rendering outside aid pursuant to the request of another member State under this compact, the employees of such State shall, under the direction of the officers of the State to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges

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and immunities as comparable employees of the State to which they are rendering aid. No member State or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance, or use of any equipment or supplies in connection therewith: Provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or as imposing liability for such negligent act or omission upon any State. All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting State or under the laws of the aiding State or under the laws of a third State on account of or in connection with a request for aid, shall be assumed and borne by the requesting State. Any member State rendering outside aid pursuant to this compact shall be reimbursed by the member State receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and subsistence of employees and maintenance of equipment incurred in connection with such request: Provided, that nothing herein contained shall prevent any assisting member State from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member State without charge or cost. Each member State shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.

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For the purposes of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding State under the laws thereof. The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member States. Article VI. Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or dimunition of the forest fire fighting forces, equipment, services or facilities of any member State. Nothing in this compact shall be construed to limit or restrict the powers of any State ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of State laws, rules or regulations intended to aid in such prevention, control and extinguishment on such State. Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between Federal agency and a member State or States. Article VII. The compact administrators may request the United States Forest Service to act as a research and coordinating agency of the Southeastern Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each State, and the United States Forest Service may accept responsibility for preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of any Federal agency engaged in forest fire prevention and control may attend meetings of the compact administrators. Article VIII. The provisions of Articles IV and V of

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this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any State party to this compact and any other State which is party to a regional forest fire protection compact in another region: Provided, that the legislature of such other State shall have given its assent to such mutual aid provisions of this compact. Article IX. This compact shall continue in force and remain binding on each State ratifying it until the legislature or the Governor of such State, as the laws of such State shall provide, takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the State desiring to withdraw to the chief executives of all States then parties to the compact. Section 2. When the Governor shall have executed said compact on behalf of this State and shall have caused a verified copy thereof to be filed with the State Secretary, and when said compact shall have been ratified by one or more of the States named in Section One of this Act, then said compact shall become operative and effective as between this State and such other State or States. The Governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this State and any other State ratifying said compact. How made effective. Section 3. In pursuance of Article III of said compact, the Director of the Georgia Forestry Commission shall act as compact administrator for the State of Georgia of the Southeastern Interstate Forest Fire Protection Compact during his term of office as Director, and his successor as compact administrator shall be his successor as Director of the Georgia Forestry Commission. As compact administrator he shall be an ex-officio member of the advisory committee of the Southeastern Interstate Forest Fire Protection Compact, and chairman ex-officio of the Georgia members of said advisory committee. There shall be four members of the Southeastern Interstate Forest Fire Protection Compact advisory committee

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from the State of Georgia. Two of the members from the State of Georgia shall be members of the General Assembly of Georgia, one from the Senate and one from the House of Representatives, designated by the Georgia Commission on Interstate Cooperation, and the terms of any such members shall terminate at the time they cease to hold legislative office, and their successors as members shall be named in like manner. The Governor shall appoint the other two members from the State of Georgia, one of whom shall be associated with forestry or forest products industries. The terms of such members shall be three years and such members shall hold office until their respective successor shall be appointed and qualified. Vacancies occurring in the office of such members from any reason or cause shall be filled by appointment by the Governor for the unexpired term. The Director of the Georgia Forestry Commission as compact administrator for the State of Georgia may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the compact administrators or of the advisory committee. The terms of each of the initial four memberships, whether appointed at said time or not, shall begin upon the date upon which said compact shall become effective in accordance with Article II of said compact. Any member of said advisory committee may be removed from office by the Governor upon charges and after a hearing. Georgia members of compact. Section 4. There is hereby granted to the Director of the Georgia Forestry Commission, as compact administrator and chairman ex-officio of the Georgia members of said advisory committee, and to the members from Georgia of said advisory committee all the powers provided for in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of the State of Georgia are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact

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in every particular; it being hereby declared to be the policy of the State of Georgia to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the State government or administration of the State of Georgia are hereby authorized and directed at convenient times and upon request of said compact administrator or of said advisory committee to furnish information data relating to the purposes of said compact possessed by them or any of them to said compact administrator or said advisory committee. They are further authorized to aid said compact administrator or said advisory committee by loan of personnel, equipment, or other means in carrying out the purposes of said compact. Powers of Georgia members. Cooperation of State agencies. Section 5. Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the State of Georgia or by the laws of the States of Alabama, Florida, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia or by the Congress or the terms of said compact. Construction of Act. Section 6. If any provisions 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 7. This Act shall take effect immediately. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 10, 1953.

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AUTOMOBILE LICENSE PLATES FOR MEMBERS OF NATIONAL GUARD. No. 538 (House Bill No. 950). An Act to provide for the issuance by the State Revenue Commission of special license tags to motor vehicle owners who are members of the Georgia National Guard; to repeal conflicting laws; and for other purposes. Section 1. Owners of motor vehicles who are members of the Georgia National Guard upon application for license tags therefor, and upon compliance with the State motor vehicle laws relating to registration and licensing of motor vehicles, and upon payment of the regular license fee for tags, as prescribed under Section 68-214 and 68-215 of the Code, as amended, shall be issued a license plate, as prescribed in said sections for private passenger cars upon which, in addition to the usual numbers and letters prescribed by law, shall be inscribed the words in bold characters, National Guard. The Adjutant General of Georgia shall furnish to the Commissioner of Revenue each year, prior to the date that licenses are issued, a list of the members of the Georgia National Guard. Automobile license tags. Section 2. Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words National Guard, said plates shall be removed and the authority to use the same shall thereby be cancelled; however, upon application to the Commissioner, he shall reissue said plates to the member of the National Guard to whom the same was originally issued, and upon said reissuance the Commissioner shall collect fees in an amount equal to the fees collected for the original licensing and registering of said private passenger vehicle, as is now or may be prescribed by law. Should a member of the National Guard, who has been issued a National Guard license plate, be discharged or otherwise separated from the National Guard, the immediate commanding officer of such member shall obtain the discharged

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member's National Guard license plate at the time of the discharge, and shall forward same to the State Revenue Commissioner along with a certificate to the effect that such member has been discharged, and thereupon the State Revenue Commissioner shall reissue to such former National Guard member, a regular license plate, to replace the National Guard plate, at no additional charge. Should a member of the National Guard have enlisted or been commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the State Commissioner of Revenue, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the State Commissioner of Revenue shall reissue to such new member a National Guard license plate to replace the regular plate returned to him, at no extra charge. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the State Revenue Commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. Change of plates on change of status. Section 3. The State Revenue Commissioner, shall on or before the first day of March in each year, furnish to the sheriff of each county in the State of Georgia an alphabetical arrangement of the list of names, addresses and license tag letters of each person to whom a license tag is issued under the provisions of this Act, and it shall be the duty of the sheriffs of the State to maintain and to keep current such lists for public information and inquiry. Lists for sheriffs. Section 4. The State Revenue Commission shall make such rules and regulations as necessary to enforce compliance with all State license laws relating to the use and operation of a private passenger car before issuing these plates in lieu of the regular Georgia license plates, and

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all applications for such tags shall be made to the State Revenue Commission. The State Revenue Commissioner is specifically authorized to make all rules and regulations necessary to make adequate provision for instances where such vehicles have been transferred or sold. Such tags shall be non-transferable. Rules and regulations. Section 5. This Act shall become effective for the license plates to be issued for the year 1955 and annually thereafter. Section 6. This Act is supplementive to the motor vehicle licensing laws of Georgia, and nothing herein shall be construed as abridging or repealing such laws. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 10, 1953. SECRETARY OF STATEFEES FOR FILING CORPORATION CHARTERS. No. 539 (House Bill No. 850). An Act to provide a maximum amount of five thousand dollars as fees to be paid the Secretary of State for the filing after the approval of this Act of certified copies of proceedings for the granting of charters, amendments to charters, mergers, reviving or renewing the charters of, or reincorporating private corporations, and for the filing of any certified copies of the proceedings on petitions to domesticate foreign corporations, to repeal conflicting laws and 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 Secretary of State shall not be entitled to collect more than a maximum amount of five

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thousand dollars as fees for the filing after the approval of this Act of certified copies of proceedings for the granting of any charters, amendments to charters, mergers, reviving or renewing the charters of, or reincorporating private corporations, and for the filing of any certified copies of the proceedings on petitions to domesticate foreign corporations. Limitation as to amount. Section 2. All laws or parts of laws in conflict herewith are cancelled. Approved December 10. 1953. BOARDS OF EDUCATIONCOMPENSATION IN CERTAIN COUNTIES. Code 32-904 Amended. No. 541 (House Bill No. 730). An Act to amend Section 32-904 of the Code of Georgia, relating to the compensation of the members of the county boards of education, so as to increase such compensation in all counties of this State having a population of not more than 4,820 and not less than 4,520 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 4,820 and not less than 4,520, the compensation of the members of the boards of education in all such counties shall be $10.00 per diem for each day's actual service to be paid out of the school fund appropriated

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to the county, rather than $4.00 as heretofore provided. Counties affected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 10, 1953. DIVORCECOSTS IN CERTAIN COUNTIES. No. 542 (House Bill No. 694). An Act to require from and after the passage of this Act in all counties having a population under the last or any future Federal census of not less than 115,000 inhabitants, nor more than 135,000 inhabitants, all applicants for divorce in superior court of any such county to pay the clerk of said court, before the filing of such applicant's petition for divorce, the sum of ten ($10.00) dollars as costs (exclusive of registration fee of $1.00 and advertising costs in case of service by publication), to include all costs to judgment: 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. That from and after the passage of this Act in all counties having a populatin under the last or any future Federal census of not less than 115,000 inhabitants, nor more than 135,000 inhabitants, all applicants for divorce in the superior court of any such county shall be required to pay to the clerk of said court, before the filing of such applicant's petition for divorce, the sum of ten ($10.00) dollars as costs (exclusive of registration fee of $1.00 and advertising costs in case of service by publication), to include all costs to judgment. Counties. Costs. Section 2. Be it further enacted by the authority

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aforesaid, That all laws and parts of laws in conflict with this Act be and the same are repealed. Approved December 10, 1953. BALDWIN COUNTY HOSPITAL AUTHORITYLAND CONVEYANCE. No. 96 (House Resolution 292-916g). A Resolution. Proposing the conveyance by the Governor of approximately 18.6 acres of land now constituting part of the Georgia State Training School for Boys, to the Baldwin County Hospital Authority for a consideration of $100.00 per acre. Whereas, the Baldwin County Hospital Authority, a public corporation authorized by law to acquire property by deed, is desirous of procuring a tract of land to be used for hospital and other purposes; and Whereas, there is certain property situate in Baldwin County suitable for such purposes and now belonging to the State of Georgia, and constituting part of the Georgia State Training School for Boys; and Whereas, there exists peculiar and unique reasons why no other location near Milledgeville is suitable for such purposes, to wit, said property is centrally located and has ready access to utilities; said City of Milledgeville is bound on one side by the Oconee River and swamp areas; on another side by an expensive residential section; on one side by highly elevated lands producing an almost impossible sewage problem; and on the remaining side by the State Training School for Boys; and Whereas, said conveyance by the State of Georgia

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would not impair the operation of the State Training School for Boys; and Whereas, the Baldwin County Hospital Authority has agreed to pay reasonable compensation for said conveyance in the amount of $100.00 per acre; and Whereas, said tract of land is described as follows: That certain tract or parcel of land situate, lying and being on and along the northeasterly side of the present paved Milledgeville-Macon State highway, now identified as State Highway Route Number 22, and on and along the northwesterly limit line of the City of Milledgeville, in the original First Land and present 318th Militia District in Baldwin County, Georgia, it being composed and comprised of the easterly part and corner of Lot Number 282 in said First Land District, originally granted by the State unto Stephen Dyche, and of the southerly part and corner of Land Lot Number 295 in said First Land District, originally granted by the State unto Thomas Polhill, the same containing eighteen and six-tenths (18.6) acres, more or less, and bounded as follows: Description. Beginning at a certain established point on the northwesterly limit line of the City of Milledgeville which is marked by a surveyor's iron pin set thereon thirty feet from the center line of the aforesaid highway right-of-way, which point is north 39 degrees 47 minutes east a distance of 1586.8 feet from Milledgeville Triangulation Station of the U. S. Coast and Geodetic Survey as established in 1935, and from said beginning point and corner running north 44 degrees 28.5 minutes east (true bearing) a distance of 1186.90 feet along the northwesterly side of that land subdivided as and called Vinson Heights, and thence continuing along the projection of the same bearing a distance of approximately 63.10 feet, more or less, to a corner which is common to the land described and to the land of M. Ray Hodges, thence in a northwesterly direction, along and with the land now owned by M. Ray Hodges, a distance

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of approximately 500.0 feet to a point corner; thence south 58 degrees 28.5 minutes west a distance of approximately 1500.0 feet, more or less, to a point and corner on the northwesterly right-of-way line of the aforesaid State highway; and thence in a general southeasterly direction, following the curving northeasterly right-of-way line of the aforesaid State Highway Route Number 22, to that point on said city limit line marking the aforesaid point of beginning. The particular boundaries of said tract of land shall be more completely defined, described and shown by a plat to be made from an actual survey thereof, which plat shall be attached to and made a material part of the grant of said land to be made hereunder. Now, Therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized and directed to execute a deed conveying fee simple title absolute to the land described above to the Baldwin County Hospital Authority, upon payment of the latter of the sum of $100.00 per acre, which sum shall be payable to the State treasury. Approved December 10, 1953. GEORGIA COMMISSION ON EDUCATION ESTABLISHED. No. 97 (House Resolution 232-743r). A Resolution. To establish The Georgia Commission on Education, to define its duties and authority, and to provide therefor such funds as are necessary to effectuate the purposes hereof. Whereas, the Constitution of the State provides for separate education of the white and colored races, and

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Whereas, necessity for further legislation or constitutional amendments in that regard might hereafter arise; It is therefore resolved by the Senate and House of Representatives as follows: One. The Georgia Commission on Education is hereby established. Two. Said commission shall formulate a plan or plans of legislation, prepare drafts of suggested laws, and recommend courses of action for consideration by the General Assembly whereby the State may by taxation continue to provide adequate education for all its citizens consistent with the provisions of the Constitution of the United States and the Constitution of the State of Georgia. Purpose. Three. Said commission shall be composed of the Governor, Lieutenant-Governor, Speaker of the House of Representatives, State Auditor, the Attorney General, Chairman of the Board of Regents, Chairman of the State Board of Education, State School Superintendent, Chancellor of the University System of Georgia, Chairman of the Judicial Council; a representative from the Georgia Bar Association, and, representative of the State both geographically and in all segments of her economy, ten other citizens to be appointed by the Governor, one from each congressional district of the State. Members. Four. The Governor shall be chairman of said commission and shall designate another member of the commission as vice-chairman. Said commission shall perfect its organization conformable to the provisions of this resolution and may appoint subcommittees. Seven members of the commission shall constitute a quorum for the transaction of any business of the commission. Chairman. Quorum.

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Five. Said commission shall submit its findings and proposed plan of legislation with its accompanying draft of suggested laws and its comments thereon, to any extraordinary session of this General Assembly which may be hereafter held, and if no such session be held, then to the meeting of the General Assembly to convene on the second Monday in January, 1955. Findings. Six. Said commission is hereby directed to cause its findings, proposed plan of legislation, accompanying drafts of suggested laws, and its comments thereon, to be printed and distributed to the members of the General Assembly and to the press not less than thirty days prior to the meeting of the General Assembly to convene on the second Monday in January 1955, and in the event of an extraordinary session, as great a number of days as feasible prior to the convening of such extraordinary session. Seven. Said commission is directed to inquire into the educational structure of the State, and all pertinent provisions of the Constitution and statutes of the State, as well as the Constitution and laws of the United States; to receive suggestions and statements from interested persons; and to make such other investigation and inquiry as will in its judgment assist in the discharge of the duties confided to it. Said commission is authorized from time to time to print and distribute reports of its findings and recommendations. Investigations. Reports. Eight. The chairman of said commission is authorized to assign quarters and to employ such help, technical assistants and legal counsel to aid the commission in the performance of its duties as he may deem proper, and to fix their compensation. Office, employee, etc. Nine. The members of said commission shall receive the same compensation and allowances for each day they are in attendance at the meetings of the commission as are received by members of the General Assembly for each day's attendance upon a session of the

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General Assembly, plus any other compensation, per diem, allowance or reimbursement that is now provided by law for members of the General Assembly. Compensation of members. Ten. Such funds as are ecessary to effectuate the purposes of this resolution shall be made available by the Bureau of the Budget from moneys appropriated for the operation of the General Assembly and from such other funds as the Bureau of the Budget may from time to time transfer to said commission. Funds. Eleven. The duties and authority of said commission shall be continuing until terminated by law. Approved December 10, 1953. GEORGIA WATERWAYS COMMISSION ESTABLISHED. No. 98 (House Resolution No. 297). A Resolution. Whereas, the State of Georgia has four principal river basins; and Whereas, the United States has from time to time provided funds to control the flood waters of Georgia rivers; and Whereas, it is important and to the best interests of the State that Georgia waterways be developed for the purposes of flood control and related purposes; and Whereas, it is important and to the interests of the State that some agency be created for the purpose of cooperating with the various agencies of the United States concerned with the development of waterways and flood control; and

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Whereas, patriotic citizens of Georgia are willing to perform such services without compensation, Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. There is hereby created the Georgia Waterways Commission, which shall consist of a chairman, who shall be appointed by the Governor from the State at large as such chairman, and four members, who shall be appointed by the Governor, one from the territory in each of the four principal river basins in Georgia, to wit, the Savannah River Basin, the Chattahoochee River Basin, the Altamaha River Basin, and the Etowah River Basin. Members. Section 2. The chairman and each member of the commission shall serve for four years and until their successors are appointed and qualify. Any vacancy shall be filled by appointment for the unexpired term. The first appointees shall each serve for four years. Terms. Section 3. The members of the commission shall not be compensated for their services and shall not be reimbursed on account of any expenses incurred in the performance of their duties under this resolution. No other expenses of the commission shall be charged against the State, and there shall be no appropriation for the payment of any expenses incurred by the commission. Expenses. Section 4. The commission shall meet on the call of the chairman at such time and place as he may fix or as may be provided by resolution of the commission. It shall perfect such organization as it may deem necessary, and adopt such bylaws and other rules and regulations for its government as may be deemed expedient. Meetings. Section 5. The commission shall negotiate with the proper authorities of the United States from time to time concerning the development of the rivers of Georgia, and particularly with reference to flood control.

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It shall have no power to make any contract binding upon the State of Georgia or to incur any obligation against the State. The commission shall, however, be privileged to appear before committees of Congress concerning appropriations for river development, to gather and disseminate information, and to cooperate with the Federal and State authorities towards the development of Georgia's rivers. Duties. Section 6. Such information pertinent to the development of Georgia's rivers as may be obtained by the commission may be filed from time to time with the Department of Commerce and, subject to approval of the Governor and the Secretary of State, with the Department of Archives and History. Reports. Section 7. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved December 10, 1953. LAW STUDENTSCOURSE IN LEGAL AND JUDICIAL ETHICS. No. 99 (House Resolution No. 253). A Resolution. Requesting the Board of Regents to require law students to successfully pass a course on legal and judicial ethics; and for other purposes. Whereas, the legal profession is a noble profession and one in which the members thereof should at all times display the highest standards of ethics, in order that said profession enjoy the confidence of the entire public; and Whereas, it is extremely desirable that all persons

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entering such profession should be imbued with a knowledge of what constitutes legal and judicial ethics; Now, therefore, be it resolved by the General Assembly of Georgia, that the Board of Regents of the University System of Georgia be requested to require all students graduating from the Law School of said system to have first successfully passed a course on legal and judicial ethics. Be it further resolved, that a copy of this resolution be tranmitted to each member of the Board of Regents of the University System of Georgia. Approved December 10, 1953. TAX EXEMPTIONSPROPOSED AMENDMENT TO THE CONSTITUTION. No. 100 (House Resolution No. 106-337j). A Resolution. Proposing to the qualified voters of Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia, relating to exemptions from taxation; providing for the exclusion of church property except such property from which income is derived; providing for the submission of this amendment to the qualified voters of Georgia for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VII, Section I, Paragraph IV, of the Constitution of Georgia, relating to tax exemptions, is hereby amended by inserting in Subparagraph One of said article, section and paragraph, after the words The General Assembly may, by law, exempt from taxation

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all public property; places of religious worship or burial, the words and all property owned by religious groups used only for residential purposes and from which no income is derived; so that said subparagraph when so amended shall read as follows: Art. VII, Sec. I, Par. IV. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution;

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this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production. 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 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 VII, Section I, Paragraph IV, of the Constitution of Georgia providing for the exemption of all property owned by religious groups for residential purposes and from which no income is derived. Against ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia providing for the exemption of all property owned

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by religious groups for residential purposes and from which no income is derived. 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. SEDITION AND SUBVERSIVE ACTIVITIES ACT. No. 544 (Senate Bill No. 156). An Act to amend an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 216), cited and known as the Subversive Activities Act, which deals with acts or attempts which have as their purpose the overthrow of the government of the United States and the State of Georgia by force and violence, so as to define certain terms used in the Act and make it a crime to commit or advocate or conspire to overthrow or destroy the government of the United States or of the State of Georgia or any political subdivision thereof by revolution, force or violence; to make it a crime to remain a member of a subversive organization knowing said organization to be subversive; to provide penalties and disqualification for persons convicted of subversive activities; to dissolve subversive organizations by legal action in courts of competent jurisdiction; to provide for the enforcement of this Act; to prohibit subversive

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persons in being employed by State, county or municipal governments or other political subdivisions; to require departments to investigate all applicants to determine their loyalty; to direct all departments and agencies to determine whether persons already in the State's employ are subversive; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 216), cited and known as the Subversive Activities Act, which deals with acts or attempts which have as their purpose the overthrow of the government of the United States and the State of Georgia by force and violence, is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new section to be known as Section 1 and to read as follows: Sec. 1, Act of 1953, amended. Section 1. (a) Short Title . This Act may be cited as the Sedition and Subversive Activities Act of 1953. (b) Definitions . 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 an organization which engages in or advocates, abets, advises, or teachers, or a purpose for which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy, or to assist in the overthrow or destruction of the government of the United States, government of the State of Georgia, or of any political subdivision of either of them, by revolution, force or violence.

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`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 or destruction 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 State thereof. `Subversive person' means any person who 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 or destruction of the government of the United States, or of the State of Georgia, or any political subdivision of either of them, by revolution, force or violence; or who is a knowing member of a subversive organization or a foreign subversive organization. Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new section to be known as Section 2 and to read as follows: Sec. 2 amended. Section 2. Acts to overthrow the government by force, violence or revolution made a felony . It shall be a felony for any person knowingly and wilfully to: (a) Commit, attempt to commit, or aid, abet or advise in the commission of any act the ultimate purpose of which is to overthrow or destroy or assist in the overthrow

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or destruction of the government (or to alter or destroy the constitutional form thereof) of the United States or of the State of Georgia or any political subdivision of either of them by revolution, force or violence; or Felonies. (b) Advocate, abet, advise or teach by any means the duty, necessity, desirability or propriety of overthrowing and destroying or altering the government of the United States or of the State of Georgia or any political subdivision of either of them by revolution, force and violence; or (c) Print, publish, edit, issue, circulate, sell, distribute or publicly display any written or printed matter advocating, advising or teaching the duty, necessity, desirability, propriety of overthrowing or destroying or altering the government of the United States or of the State of Georgia or any political subdivision of either of them by revolution, force or violence; or (d) Assist in the formation, participate in the management, or 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; or (f) Withhold information regarding any activity of subversive organization or foreign subversive organization, or its membership knowing the organization to be such; or (g) Conspire with one or more persons to commit any of the acts or do any of the things prohibited by this section. Any person who violates any of the provisions of this section shall be fined not more than $20,000, or imprisoned

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in the penitentiary for not less than one year nor more than 20 years, or both. Section 3. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new section to be known as Section 6 and to read as follows: Sec. 6 amended. Section 6. Special Assistant Attorney-General for investigation and prosecution of subversive activities . 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 be presented by the Attorney-General (or the Special Assistant Attorney-General) to the grand jury of any county directly, and he may represent the State on the trial of such a case, should he feel the ends of justice would be best served thereby, and the Special Assistant Attorney-General herein provided may testify before any grand jury as to matters referred to in this Act as to which he may have information. Special Assistant Attorney-General. Section 4. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new section to be known as Section 7 and to read as follows: Sec. 7 amended. Section 7. Duties imposed on police authorities to assist in the collection of evidence . For the collection of any evidence and information referred to in this Act, the Governor and the Attorney-General are hereby authorized

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and directed to call upon all prosecuting attorneys, 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. Such police authorities shall transmit immediately to the Special Assistant Attorney-General any information coming to their notice and attention regarding the activities of any subversive persons, subversive organizations, or foreign subversive organizations. The Governor by executive order is authorized to establish within existing departments such special enforcement agencies, designate such personnel and fix such duties as may from time to time be required to perform any of the functions and duties required by this Act. Duties of police authorities. Section 5. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new section to be known as Section 8 and to read as follows: Sec. 8 amended. Section 8. Maintenance of records . 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. All such records shall be classified as confidential state secrets until declassified by the Governor or the Attorney-General. Records. Section 6. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new section to be known as Section 10 and to read as follows: Sec. 10 amended. Section 10. Subversive persons ineligible to hold office or employment . No subversive person, as defined in

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this Act, shall 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, or other political subdivision of this State. Ineligibility for office. Section 7. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof a new section to be known as Section 11 and to read as follows: Sec. 11 amended. Section 11. Investigation to be conducted on all State employees prior to appointment . Every person and every board, commission, council, department, or other agency of the State of Georgia, or any political subdivision thereof, who, or which, appoints or employs or supervises in any manner the appointment, or employment, of public officials, or employees, shall establish by rules, regulations, or otherwise, procedures designated to ascertain before any person, including teachers and other employees of any public educational institution in this State, is appointed or employed, that he, or she, as the case may be, is not a subversive person, and that there are no reasonable grounds to believe such persons are subversive persons. In the event such reasonable grounds exist, he or she, as the case may be, shall not be appointed or employed. In securing any facts necessary to ascertain the information herein required all applicants and employees shall be required to sign a written statement, or questionnaire, containing answers to such inquiries as may be material, which statement or questionnaire shall contain notice that it is subject to the penalties of false swearing. The form of the questionnaire, or statement, proposing such questions as may be material, shall be prescribed and prepared by the Assistant Attorney-General named under the provisions of this Act. Such questionnaire so prepared and prescribed shall be submitted to the Governor and the Attorney-General for approval, and may be changed from time to time as deemed necessary by the Assistant Attorney-General with the approval of the Governor and the Attorney-General. The Governor is authorized to make appropriate orders, rules and regulations

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to effectuate the purposes of Section 10, 11, 12 and 13 of this Act. Investigation of prospective State employees. Section 8. Said Act is further amended by striking Section 12 in its entirety and substituting in lieu thereof a new section to be known as Section 12 and to read as follows: Sec. 12 amended. Section 12. Investigation to be conducted on all present employees . Every person who on January 1, 1954, shall be in the employ of the State of Georgia, or any agency thereof, including public educational institutions supported in whole or in part by State funds, shall execute a written questionnaire to determine facts concerning his or her personal history, qualifications, and loyalty, which shall include a statement that the same is being made under penalties of false swearing. This questionnaire shall be executed in the form prescribed by the Assistant Attorney-General with the approval of the Attorney-General and the Governor. Reasonable grounds on all the evidence to believe that any person is a subversive person, as defined in this Act, shall be cause for discharge from any appointive office or other position of profit or trust in the government of or in the administration of the business of this State, or of any county, municipality or other political subdivision of this State, or any agency thereof. Investigation of present employees. Every person, before being discharged by reason of being a subversive person, shall be given notice of the charges against such person and afforded an opportunity to be heard upon the charges. Notice shall be given in writing at least ten days before a hearing shall be held by the employing, appointing, or supervising authority: Provided, however, that nothing contained herein shall be construed to create any tenure rights or to in any wise limit employing, appointing, or supervising authorities in the administration of personnel matters, nor be construed to apply to Section 11 of this Act, it being recognized by the General Assembly that the holding of public office or being a public employee is a privilege, and no person has any property or right vested in him by reason of

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his public employment and has only such entitlements as may be conferred upon him specifically by statute. Section 9. Said Act is further amended by adding a new section to be known as Section 13 and to read as follows: Sec. 13 added. Section 13. Penalty provided for false swearing in connection with subversive activities investigation . Every written statement made pursuant to this Act by an applicant for appointment or employment, or by any employee, who shall be deemed to have been made under oath if it contains a declaration preceding the signature of the marker to the effect that it is made under the penalties of false swearing. Any person who makes a material misstatement of fact (a) in any such written statement, or (b) in any affidavit made pursuant to the provisions of this Act, or (c) under oath in any hearing conducted by any agency of this State, or of any of its political subdivisions, pursuant to this Act, or (d) in any written statement by an applicant for appointment or employment or by an employee in any State-aid or private institution of learning in this State, intended to determine whether or not such applicant or employee is a subversive person as defined in this Act, which statement contains notice that it is subject to the penalties of false swearing, shall be subject to the penalties of false swearing as prescribed in Title 26, Section 4004, of the 1933 Code of Georgia. Provided, further however, that nothing contained in the foregoing shall be construed to repeal in any way the laws of this State dealing with perjury and false swearing. Section 10. Said Act is further amended by adding a new section to be known as Section 14 and to read as follows: Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1953.

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PLEADINGSRIGHT TO OBJECT NOT WAIVED BY AMENDMENT ON ORDER. Code 81-1001 Amended. No. 546 (Senate Bill No. 187). An Act to amend Section 81-1001 of the Code as amended, so as to provide that either party amending his pleadings in response to order of court shall not be held to have waived his right to object to such order by appropriate exception; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That Section 81-1001 of the Code, as amended by a resolution approved February 1, 1946 (Ga. Laws 1946, p. 761, 775) is hereby amended by adding thereto at the end of the following: Either party who amends or attempts to amend his petition or other pleadings in response to order or other ruling of court shall not be held to have waived his objection to such order or ruling, but may thereafter take exception thereto as in other cases. so that said section when so amended shall read as follows: The judge at any time in vacation after the appearance day of a case shall, upon request of counsel for either party, hear and decide all objections made to the sufficiency of the petition and pleas and may, by order, dismiss plaintiff's petition or strike defendant's plea for noncompliance with the requirements of the law, unless the defect shall be cured by amendment. The court may, on good cause shown, allow a reasonable time in his discretion for making and filing such amendment. Such hearing may be had at any place in the circuit after due notice to attorneys for the parties. Either party who amends or attempts to amend his petition or other pleadings in response to order or other ruling of court shall not be held to have waived his objection to such order

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or ruling but may thereafter take exception thereto as in other cases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1953. TRAFFIC CASES IN ORDINARY'S COURTSUPERIOR COURT CLERK TO ATTEND HEARINGS IN CERTAIN COUNTIES. No. 552 (House Bill No. 403). An Act to amend 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 (Georgia Laws Extra Session 1937-1938, p. 558), so as to provide that the clerk of

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the superior court shall attend the court of ordinary in all cases for the violation of traffic laws; to provide that this Act shall only apply to counties having a population not less than 7,100, and not to exceed 7,320, according to the 1950 census and all future censuses; to provide the clerk's fees; 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 (Georgia Laws Extra Session 1937-1938, p. 558), is hereby amended by inserting after the first sentence in Section 2 the following three sentences: The clerk of the superior court shall attend the court of ordinary in all cases held for the violation of the traffic laws of this State. The clerk shall record all pleas and judgments, and shall receive the same fees as provided for cases in the superior court. Said fees shall be paid

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out of the costs assessed by the ordinary in such cases, so that said section, when so amended, shall read as follows: Section 2. The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under that Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State, in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. The clerk of the superior court shall attend the court of ordinary in all cases held for the violation of the traffic laws of this State. The clerk shall record all pleas and judgments, and shall receive the same fees as provided for cases in the superior court. Said fees shall be paid out of the costs assessed by the ordinary in such cases. Like jurisdiction is also conferred upon the judges of the police courts in incorporated cities and municipal court judges, for offenses arising within their respective jurisdiction. Section 1A. The provisions of this Act shall only apply to all counties in this State having a population in excess of 7,100 and not more than 7,320 according to the 1950 census and all future censuses. Counties in which applicable. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved December 11, 1953. ROUGH FISHTAKING BY BASKETS. No. 553 (House Bill No. 270). An Act to permit the use of baskets in the taking of rough fish in the waters of Georgia; to provide for certain restrictions; to provide for the promulgation of rules and regulations by the State Game and Fish Commission; to provide for permits and the fees for such permits

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; to provide for the marking of baskets; to provide that the person using baskets shall notify wildlife rangers of their localities; to make violations of said Act a misdemeanor; to provide punishments therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Baskets may be used to take rough fish in the waters of Georgia during such seasons in such streams, and with baskets of such size and type, as the State Game and Fish Commission deem advisable. Baskets. Section 2. The State Game and Fish Commission shall promulgate rules and regulations to provide for the taking of rough fish by baskets under the conditions herein set out; but the penalty for violating the rules and regulations of the commission promulgated under this Act shall be as herein provided. Rules and regulations. Section 3. Before any person shall use any basket for taking rough fish, such person shall be required to obtain a permit for each basket from the State Game and Fish Commission. Such permit shall cost one dollar ($1.00) for each basket; per yearApr. 1 through March 31st, provided, however, that the employees of the State Game and Fish Commission shall not be required to have such permit when such basket or baskets are used for rough fish control. Any rough fish taken in said baskets by the employees of the State Game and Fish Commission, when taken for rough fish control, shall be given to a charitable institution. Permits. Section 4. Every basket used for the taking of rough fish shall distinctly show on the basket the name and address of the person using said basket, and the user of said basket shall notify the wildlife ranger in his area where each basket is located while in use. Marking of baskets. Section 5. Any person violating the provisions herein contained shall be guilty of a misdemeanor and fined

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not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) and all costs of court, and sentenced to work on the public works not less than thirty days nor more than ninety days, either or both of these punishments in the discretion of the court. Violations. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 11, 1953. JUVENILE COURT ACT AMENDED. Code 76-602 Repealed. No. 555 (House Bill No. 853). An Act to amend the Juvenile Court Act by repealing Section 11 thereof in Georgia Laws of 1951 at page 299, and substituting in lieu thereof a new Section 11 providing for the certification of a person fifteen years of age or older, charged with a criminal offense, for proper criminal proceedings, to a court having trial jurisdiction, under certain circumstances; To amend the Juvenile Court Act by striking the word exclusive in the second line of Section 9 thereof in Georgia Laws of 1951 at page 297; To provide that the sentence to the Georgia State Training School for Boys of persons between sixteen and eighteen years of age, convicted of certain crimes in Georgia Courts, shall provide for their transfer to State Board of Corrections under certain circumstances; To provide that the commitment order, committing persons fifteen years of age or older to Georgia State Training School for Boys, shall provide for their transfer, under certain circumstances, to the court having

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original jurisdiction to be dealt with in accordance with Section 11 of the Juvenile Court Act as herein enacted; To repeal Section 77-602 of the Code of Georgia relating to a commitment and retransfer of youthful convicts; To repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Section 11 of Juvenile Court Act on page 299 of Georgia Laws of 1951, reading as follows: Sec. 11 amended. Section 11. Transfer to other courts.If a child sixteen years of age or older is charged with an offense which would be a crime if committed by an adult, and if the court after full investigation deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may in its discretion certify such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult. be and the same is hereby repealed in its entirety. Section 2. Be it further enacted by the authority aforesaid that from and after the passage of this Act, there shall be a new Section 11 of said Juvenile Court Act, reading as follows: New section. Section 11. Transfer to other courts.If a child fifteen years of age or older is charged with a criminal offense, and if the court after full investigation deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may in its discretion certify such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult. Nothing contained in this Section 11 or in this Act, known as Juvenile Court Act, shall prevent the indictment or trial or conviction of any person

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fifteen years of age or older in any criminal court having trial jurisdiction of such offense. Transfer to other courts. Section 3. That there is hereby stricken out from the second line of the first paragraph, being the unnumbered paragraph, of Section 9 of said Juvenile Court Act, on page 297 in Georgia Laws of 1951, the words and exclusive. Said paragraph before this amendment reading as follows: Sec. 9 amended. Section 9.Jurisdiction; Children, minors.The juvenile court shall have original and exclusive jurisdiction concerning any child under seventeen years of age living or found within the county: ; so that said section as amended herein shall read as follows: Jurisdiction; Children, minors.The juvenile court shall have original jurisdiction concerning any child under seventeen years of age living or found within the county: . Jurisdiction. Section 4. (a) It is further enacted that from and after the passage of this Act, whenever any male person between sixteen and eighteen years of age, who has been duly convicted in any court of this State of any crime not punishable by death or by imprisonment for life, is to be sentenced to the Georgia State Training School for Boys, said sentence shall contain the following provision, to wit: If the person sentenced proves to be uncontrollable through ordinary means of discipline or if the person sentenced, by reason of his conduct or attitude, fails to profit from the opportunities at the Georgia State Training School for Boys; said person, in the discretion of the governing authority of the Georgia State Training School for Boys may be transferred to the State Board of Corrections for placement in an institution which will meet the needs of the individual, where he shall serve the remainder of his sentence. Transfer from Training School for Boys. (b) It is further enacted that from and after the passage of this Act, whenever any child fifteen years of age

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or older shall be committed by any juvenile court to the Georgia State Training School for Boys, the commitment order in every such case shall have inserted therein the following provision, to wit: If, in the discretion of the governing authorities of the Georgia State Training School for Boys, said child should prove to be uncontrollable through ordinary means of discipline or, by reason of his conduct or attitude, said child should be unsuited to benefit from the opportunities at the Georgia State Training School for Boys, said child may be returned to the juvenile court having original jurisdiction to be dealt with in accordance with Section 11 of the Juvenile Court Act which said Section 11 is herein enacted as shown in Section 2 of this Act. Section 5. Be it further enacted by the authority aforesaid that Section 77-602 of the 1933 Code of Georgia, codified from the Acts of 1919, pp. 373, 374; 1937, pp. 758, 759; 1943, pp, 566, 568, relating to commitment, transfer and retransfer of youthful convicts between sixteen and eighteen years of age, which provides: all male persons between sixteen and eighteen years of age, who have been duly convicted in any of the courts of this State of crimes not punishable by death or imprisonment for life, may, in the discretion of the judge having jurisdiction, be committed to the Georgia State Training School for Boys, with a provision in said sentence providing that should the person being committed, in the discretion of the governing authorities of the Georgia State Training School for Boys, prove to be uncontrollable through ordinary means of discipline or who, by reason of his conduct or attitude, should be unsuited to benefit from the opportunities at the Georgia State Traning School for Boys may be retransferred by the governing authorities of the Georgia State Training School for Boys to the State prison at Tattnall at which institution he shall be segregated from confirmed criminals there be and the same is hereby repealed in its entirety. Code 77-602 repealed. Section 6. That all laws and parts of laws in conflict

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with the provisions of this Act be and the same are hereby repealed. Approved December 12, 1953. GENERAL ASSEMBLYCANDIDACY OF MEMBERS FROM CHATTOOGA COUNTY. No. 554 (House Bill No. 782). An Act to require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia from Chattooga 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 Chattooga 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 the office the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Qualification as candidate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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To Whom It May Concern: Legislation will be introduced during the November-December 1953 session of the Georgia General Assembly to provide rules for qualifying as a candidate for the office of Representative of Chattooga County. Paul B. Weems, James H. Floyd. Nov. 5 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths Paul B. Weems, who, on oath, deposes and says that he is Representative of Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of Chattooga County, on the following dates: November 5, 12, and 19, 1953. /s/ Paul B. Weems, Representative, Chattooga County. /s/ James H. Floyd. Sworn to and subscribed before me, this 17 day of November, 1953. /s/ Joe N. Burton, Notary Public. (Seal) Notary Public, Wilkes County, Georgia. My commission expires Nov. 22, 1954. Approved December 11, 1953. COWETA JUDICIAL CIRCUITJUDGE'S SALARY. No. 557 (House Bill No. 711). An Act to repeal an Act entitled, An Act to supplement the salary of the Judge of the Superior Court of the

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Coweta Judicial Circuit two thousand ($2,000.00) dollars per annum, approved January 28, 1949 (Ga. Laws 1949, p. 17); to provide the Counties of Coweta, Heard, Carroll, Troup and Meriwether shall pay a certain supplemental salary to the Judge of the Superior Court of the Coweta Circuit; to provide levying of a tax to pay this salary; to provide the manner of payment of this salary; to provide an effective date 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 entitled An Act to supplement the salary of the Judge of the Superior Court of the Coweta Judicial Circuit two thousand ($2,000.00) dollars per annum, approved January 28, 1949 (Ga. Laws 1949, p. 17) is hereby repealed in its entirety. Act of 1949 repealed. Section 2. The board of commissioners of roads and revenues, ordinaries, or other authorities sitting for county purposes of the Counties of Coweta, Heard, Carroll, Troup and Meriwether, shall supplement the salary of the Judge of the Superior Court of the Coweta Judicial Circuit in the following amounts; Coweta County shall pay the sum of $715.68 per annum; Carroll County shall pay the sum of $878.62 per annum; Heard County shall pay the sum of $179.64 per annum; Troup County shall pay the sum of $1,283.76 per annum; and Meriwether County shall pay the sum of $542.30 per annum. Supplement by counties. Section 3. The board of commissioners of the roads and revenues, ordinaries, or other authorities sitting for county purposes shall make provisions for levying taxes for the expenses of the courts for the purpose of paying the respective proportionate salaries in Section 2 of this Act. The counties are hereby delegated the authority to levy taxes for this purpose. Taxation to cover. Section 4. Each of the above-named counties shall pay the supplemental salary in equal monthly installments

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from the county treasury on the last day of each month. Section 5. This Act shall become effective on the first day of the month following the approval of this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notices. Notice of Legal Legislation. Notice is hereby given as provided by the Constitution of the State of Georgia that a bill will be intrduced at the next session of the General Assembly of the State of Georgia to increase the salary of the Judge of the Superior Court of the Coweta Judicial Circuit. This 6th day of October, 1953. Georgia, Coweta County. Before me the undersigned attesting officer duly authorized to administer oaths personally appeared E. W. Thomasson, who on oath deposes and says that he is editor and publisher of the Newnan Times Herald, a weekly newspaper and the official organ of the Coweta 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 October 8th, 15th and 22nd. /s/ (E. W. Thomasson) Sworn to and subscribed before me this 12th day of November, 1953. /s/ (Beatrice B. Gentry) Notary Public State of Georgia. My commission expires March 9, 1957. (Seal).

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Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Wm. A. Coker who being duly sworn, deposes and ays 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 5723 Oct. 9, 16, 23. 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 to increase the supplement to the salary of the Judge of the Superior Court of the Coweta Judicial Circuit from $2,000.00 per annum to $3,600.00 per annum. This the 9th day of October, 1953. has been published in said LaGrange Daily News, to wit: Oct. 9, 1953, Oct. 16, 1953, Oct. 23, 1953, being three (3) publications of said notice and petition, issued on dates aforesaid respectively. /s/ (Wm. A. Coker) General Manager. Sworn and subscribed before me this 12 day of Nov. 1953. /s/ (Lucile L. Ferguson) Notary Public, Troup County. My comm. expires Mar. 19, 1957. (Seal).

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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 to increase the salary of the Judge of the Superior Court of the Coweta Judicial Circuit. This 7th day of October, 1953. Georgia, Meriwether County. I, R. K. Stovall, publisher of the Meriwether Vindicator, a newspaper in which the sheriff's advertisements for Meriwether County, Georgia, are published do hereby certify under oath that the attached notice of intention to apply for local legislation concerning the increase of the salary of the Judge of the Superior Court of the Coweta Judicial Circuit was published once a week for the weeks of October 9, 16, and 23. /s/ (R. K. Stovall). Sworn to and subscribed before me this 12th., day of November, 1953. /s/ (Martha Courie) Notary Public, Meriwether County, Georgia. My commission expires Oct. 1, 1955. (Seal). Georgia, Carroll County. The undersigned, Jewell R. Dean, editor and publisher of The Times-Free Press, the official organ of Carroll County, Georgia, in which the sheriff's advertisements are published, does hereby certify that the notice hereunto attached is a true and correct copy of the notice as was published in said newspaper on October 8th, 15th and 22nd, 1953. 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

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the next session of the General Assembly of the State of Georgia to increase the salary of the Judge of the Superior Court of the Coweta Judicial Circuit. This 7th day of October, 1953. Oct. 8/3p. This 13th day of November, 1953. THE TIMES-FREE PRESS By Jewell R. Dean /s/. Editor and Publisher. Witness Sarah Irene Dean /s/. (Seal) Legal Notices. 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 to increase the salary of the Judge of the Superior Court of the Coweta Judicial Circuit. This 5th day of October, 1953. Georgia, Heard County: Before me the undersigned attesting officer duly authorized to administer oaths personally appeared B. T. McCuthen, who on oath deposes and says that he is editor and publisher of the News and Banner, a weekly newspaper and the official organ of Heard County, Georgia, in which the 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 October 9th, 16th and 23rd, 1953. B. T. McCuthen /s/.

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Sworn to and subscribed before me, this 14th day of November, 1953. Webster Denney, csc /s/. Clerk, Heard County Superior Court. My commission expires 12/31/56. (Seal). Approved December 11, 1953. PRIVATE WAYS AND TRAMROADS. Code 83-102, 83-302 Amended. No. 558 (Senate Bill No. 186). An Act to amend Title 83 of the Code relating to private ways, by amending Section 83-102 thereof, relating to the width of private ways, and Section 83-102 thereof, relating to the width of tramroads, by providing that the maximum width of such private ways and tramroads shall be increased from fifteen feet to twenty feet; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That Section 83-102 of the Code, relating to the width of private ways is hereby amended by striking therefrom the figures 15 in the second line and substituting in lieu thereof the figures 20, so that said section, when so amended, shall read as follows: Code 83-102 amended. 83-102. Width restricted to twenty feet.Private ways shall not exceed 20 feet in width, and may be as much less as the applicant may choose, and shall be kept open and in repair by the person on whose application they are established. Width of private ways. Section 2. That Section 83-302 of the Code relating

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to the width of tramroads is hereby amended by striking therefrom the figures 15 in the last line and substituting in lieu thereof the figures 20, so that said section, when so amended, shall read as follows: Code 83-302 amended. 83-302. Proceedings to lay out road.When the application aforesaid shall have been filed in the office of the ordinary or county commissioners, as the case may be, all the proceedings thereafter shall be the same as are allowed and directed by this Code for condemning property, except that the strip of land to be used for such purpose shall not exceed in width 20 feet. Tramroads. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1953. KIDNAPPING. Code 26-1601 Amended. No. 560 (Senate Bill No. 155). An Act to amend Section 26-1601 of the Code, relating to the crime of kidnapping by redefining the definition of kidnapping so as to eliminate therefrom the requirement, as one element of the offense, that the person kidnapped be taken beyond the limits of the State or county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 26-1601 of the Code of Georgia, relating to the crime of kidnapping is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Code 26-1601 amended.

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Every person who shall forcibly abduct or steal away any person, without lawful authority or warrant, and hold said person against his will, shall be guilty of kidnapping. Kidnapping. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1953. PRISONERSASSIGNMENT TO PLACES OF DETENTION. Code 77-391 Amended. No. 563 (Senate Bill No. 198). An Act to amend Section 77-391 of the Code of Georgia, relating to the assignment of prisoners to camps and other places of detention by the Director of Corrections, so as to provide that, after January 1, 1955, no prisoner shall be assigned, transferred, or placed by the Director of Corrections in any prison camp, public works camp, or other place of detention for the service of the sentence or sentences imposed upon him, unless the building used to house said prisoner at said place of detention shall be so constructed as to be reasonably free from fire hazards and as nearly escape-proof as may be reasonably possible, and that it shall be the duty of the Director of Corrections to have prepared and kept on file in his office specifications of the types of materials which shall be used in the future construction of such buildings, and to require all such buildings, which may be erected after the passage of this Act, to be constructed in such manner as will make such buildings as nearly escape-proof as is reasonably possible; to provide that no prisoner convicted of a crime involving sexual perversion shall be allowed to become a trusty; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 77-391 of the Code of Georgia be, and the same is hereby amended by adding the following proviso at the end of said section: Provided, that after January 1, 1955, the Director of Corrections shall be prohibited from assigning, transferring, or placing any prisoner in any prison camp, public works camp, or other place of detention for the service of the sentence or sentences imposed upon him, unless the building or buildings used to house prisoners at such place of detention shall be so constructed as to be reasonably safe from fire hazards and as nearly escape-proof as possible, and that it shall be the duty of the Director of Corrections to have prepared and to keep on file in his office specifications of the types of materials which shall be used in the future construction of such buildings, and to require all such buildings, which may be erected after the passage of this Act, to be constructed in such manner as will make such buildings as nearly escape-proof as may be reasonably possible; and provided further that no warden of any prison camp, public works camp, or other place of detention to which a prisoner convicted of a crime involving sexual perversion shall at any time during the period of detention of said prisoner allow such prisoner to become a trusty; so that said Section 77-391, as so amended, shall read as follows: Code 77-391 amended. 77-391. Assignment of prisoners to camps and other places of detention.The Director of Corrections in his supervision and control of all convicts shall have the right and authority to assign, transfer, and place any and all convicts in such prison camps, public works camp, and other places of detention for convicts located in the State, as shall be deemed by him to be to the best advantage of the convicts, the State and the subdivisions. New section. Provided, that after January 1, 1955, the Director of Corrections shall be prohibited from assigning, transferring, or placing any prisoner in any prison camp, public works camp, or other place of detention for the service

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of the sentence or sentences imposed upon him, unless the building or buildings used to house prisoners at such place of detention shall be so constructed as to be reasonably safe from fire hazards and as nearly escape-proof as possible, and it shall be the duty of the Director of Corrections to have prepared and to keep on file in his office specifications of the types of materials which shall be used in the future construction of such buildings, and to require all such buildings, which may be so erected after the passage of this Act, to be constructed in such manner as will make such buildings as nearly escape-proof as may be reasonably possible; and provided further that no warden of any prison camp, public works camp, or other place of detention to which a prisoner convicted of a crime involving sexual perversion shall at any time during the period of detention of said prisoner allow such prisoner to become a trusty. Assignment of prisoners. Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 12, 1953. ALAPAHA JUDICIAL CIRCUITREPORTER'S SALARY. No. 564 (House Bill No. 811). An Act to amend an Act entitled An Act to amend Section 24-3104 of the Code of Gergia (1933) relating to the compensation of court reporters in reporting criminal cases; to provide a salary for the official reporter of the Alapaha Judicial Circuit in lieu of the compensation provided in Code Section 24-3104 for reporting criminal cases; to provide for the levy and collection of a tax by the authorities of the various counties comprising said Alapaha Judicial Circuit for the purpose of paying the salary of said court reporter; and for

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other purposes, approved February 12, 1945 (Georgia Laws 1945, pp. 582-583), by striking from Section 1 thereof the words and figures two thousand dollars ($2,000.00) wherever they appear, and inserting in lieu thereof the words and figures three thousand dollars ($3,000.00); and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act entitled An Act to amend Section 24-3104 of the Code of Georgia (1933) relating to the compensation of court reporters in reporting criminal cases; to provide a salary for the official reporter of the Alapaha Judicial Circuit in lieu of the compensation provided in Code Section 24-3104 for reporting criminal cases; to provide for the levy and collection of a tax by the authorities of the various counties comprising said Alapaha Judicial Circuit for the purpose of paying the salary of said court reporter; and for other purposes, approved February 12, 1945 (Georgia Laws 1945, pp. 582-583), be, and the same is hereby, amended by striking from Section 1 thereof the words and figures two thousand dollars ($2,000.00) wherever they appear, and inserting in lieu thereof the words and figures three thousand Dollars ($3,000.00) so that said Section 1 when so amended shall read as follows: Sec. 1, Act of 1945, amended. Section 1. That from and after the passage of this Act, the official court reporter of the Alapaha Judicial Circuit shall be paid a salary of three thousand dollars ($3,000.00) per year, in lieu of all compensation for attendance and for reporting criminal cases provided in Code Section 24-3104, which said salary of three thousand dollars ($3,000.00) per year shall be paid pro rata out of the general treasuries or depositories of the various counties composing said circuit upon the basis of taxable values; that is to say each one of the counties composing said circuit shall pay such part or proportion of said salary as its total values of taxable property bear to the total values of taxable property of all of the counties of the

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circuit, as shown by the official records of the Comptroller-General of this State, the taxable values of each year being used as a basis for calculation of the proportion of said salary that each county must pay the ensuing year. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authorities having control of county matters, in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said official court reporter monthly, on the first of each month, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as herein before set forth, which shall be paid in addition to the compensation of the official court reporter for transcribing records in criminal cases, and to the compensation provided in Code Section 24-3104 in civil cases, and the power to levy taxes for such purpose is hereby delegated to said counties. Salary. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1953. MARION SUPERIOR COURTTERMS. No. 574 (House Bill No. 822). An Act to provide for the terms of the Superior Court in Marion County; to repeal conflicting laws; and for other purposes. Be it enancted by the General Assembly of Georgia as follows:

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Section 1. From and after the passage of this Act, the terms of the Superior Court of Marion County shall be on the fourth Monday in the months of February, June and October. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1953. HOSPITALSLIENS FOR CARE OF INJURED PERSONS. No. 577 (House Bill No. 154). An Act to create a lien in behalf of hospitals upon any cause of action accruing to any injured person to whom such hospital furnished care and treatment; to provide the means of perfecting said lien; to provide for the time in which such lien must be filed and suit brought thereon; to provide that no release of settlement of any such causes of action shall be effective as against such lien unless such hospital or its assignee shall join therein or execute a release therefor; to provide for the filing of such lien; to provide for making of affidavit by the patient in certain cases; to provide that such affidavit shall constitute a defense in certain instances; to define the giving of a false affidavit as false swearing; to except moneys due under the Workmens' Compensation Act from the provisions herein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Asesembly of Georgia as follows: Section 1. Any person, firm, hospital authority, or corporation operating a hospital in this State shall have a lien for the reasonable charges for hospital care and treatment of an injured person who enters such hospital within one week after receiving such injuries, upon any and

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all causes of action accruing to the person to whom such care was furnished, or to the legal represevtative of such person, on account of injuries giving rise to such causes of action and which necessitated such hospital care, subject, however, to any attorney's lien. Lien for hospital care. Section 2. In order to perfect such lien, the operator of such hospital, before, or within ten days after, such person shall have been discharged therefrom, shall file in the office of the clerk of the superior court of the county in which such hospital shall be located and in the county wherein the patient resides, if a resident of this State, a verified statement setting forth the name and address of such patient, as it shall appear on the records of such hospital, the name and location of such hospital and the name and address of the operator thereof, the dates of admission and discharge of such patient therefrom, the amount claimed to be due for such hospital care, and, to the best of claimant's knowledge, the names and addresses of all persons, firms or corporations claimed by such injured person, or the legal representative of such person, to be liable for damages arising from such injuries; such claimant shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm or corporation so claimed to be liable for such damages to the address as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms or corporations liable for such damages whether or not they are named in such claim or lien. How perfected. Section 3. The clerk of court shall endorse thereon the date and hour of filing, and at the expense of the county shall provide a hospital lien book with proper index in which he shall enter the date and hour of such filing, the names and addresses of such hospital, the operators thereof and of such patient, the amount claimed and the names and addresses of those claimed to be liable for damage. Such information shall be recorded in the name of the patient. The clerk shall be paid one dollar as his fee for such filing. Hospital lien book. Section 4. No release of such cause or causes of action

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or of any judgment thereon, or any covenant not to sue thereon, shall be valied or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien, and the claimant, or assignee of such lien, may enforce said lien by an action against the person, firm, or corporation liable for such damages. If the claimant shall prevail in such action, the court may allow reasonable attorneys' fees. Such action shall be commenced against the person liable for such damages within one year after the date such liability shall be finally determined by a settlement, release, covenant not to sue, or by the judgment of a court of competent jurisdiction. No release, or covenant not to sue, made within ten days after the patient was discharged from the hospital, shall be effective as against such lien perfected in due time as above provided, without regard to whether such release, covenant not to sue, or settlement was made prior to the time of filing of such lien as hereinbefore specified; provided, however, that any person, firm, or corporation who consummates a settlement, release, or covenant not to sue with the person to whom hospital service or treatment was furnished, and who first procures therefrom an affidavit as hereafter prescribed, shall not be bound or otherwise affected by such lien except as hereafter provided, without regard to when such settlement, release, or covenant not to sue was consummated. Such affidavit shall affirm (1) that all hospital bills incurred for treatment for the injuries for which settlement is made have been fully paid, and (2) the county of residence of such affiant, if a resident of this State; provided, the person taking such affidavit shall not be protected thereby where such affidavit alleges the county of the affiant's residence, and the lien of the claimant is at such time on file in the clerk's office of the superior court of such county, and recorded in the name of the patient as it appears in the affidavit. Effect of covenant not to sue, release, settlement, etc. Affidavit of payment. Section 5. The giving of any false affidavit as referred to above shall constitute the crime of false swearing. False swearing. Section 6. The provisions of this Act shall not apply

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to any moneys becoming due under the Workmen's Compensation Act. Workmen's Compensation. Section 7. No settlement or release entered into or executed into or executed prior to the injured party entering into the hospital shall be affected by or subject to the terms of this Act. Settlement before entry into hospital. Section 8. This bill shall not be construed as giving any hospital or agency herein referred to an independent right of action to determine liability for injuries sustained by a person or firm. Section 9. This Act shall take effect and be in force from and after its passage. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 14, 1953. SUPERIOR COURT JUDGE EMERITUS. No. 578 (House Bill No. 132). An Act to amend an Act creating the office of Judge of the Superior Court Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. Laws 1946, p. 228), an Act approved February 16, 1950 (Ga. Laws 1950, p. 341), and an Act approved February 15, 1952 (Ga. Laws 1952, p. 293), so as to change the age and service qualifications; to define eligibility of superior court judges for appointment to the office of Judge of the Superior Court Emeritus, and retirment benefits to be received thereunder; 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 creating the office of Judge of the Superior Court Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. Laws 1946, p. 228), an Act approved February 16, 1950 (Ga. Laws 1950, p. 283), an Act approved February 17, 1950 (Ga. Laws 1950, p. 341), and an Act approved February 15, 1952 (Ga. Laws 1952, p. 293), is hereby amended by striking Section 2 thereof in its entirety and substituting in lieu thereof a new section to be known as Section 2, which shall read as follows: Sec. 2 amended. Section 2. Any judge of the superior court of the State of Georgia, and who has attained the age of 62 years, who shall be in at least his twentieth year of service as a judge of the superior court of this State, any service as solicitor-general of a judicial circuit, as judge of, or solicitor of, a city or county court of the State of Georgia being allowable in computing such twenty years of service, provided at least five years have been served as judge of the superior court of this State, or who has already been in service for twenty years as a judge of the superior court of this State on March 9, 1945, and who is still in service as such officer, and who has attained the age of 62 years, shall be eligible for appointment to Judge of the Superior Courts Emeritus. Likewise, any judge of the superior court of the State of Georgia who shall have attained the age of seventy years and shall be in at least his eleventh year of service as a judge of the superior court of this State, or any judge of the superior court of the State of Georgia who shall have been in service as a judge of the superior court for ten years and becomes disabled from continuing his duties as judge of the superior court, and who has attained the age of 62 years, shall be eligible to appointment to Judge of the Superior Courts Emeritus, satisfactory evidence of such disability having been presented to the board of trustees herein created and a recommendation of appointment having been made by a majority of said board. Service and age requirements.

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Section 2. Section 10 of said Act, as amended, is hereby stricken in its entirety and a new section to be known as Section 10 is substituted in lieu thereof, which shall read as follows: Sec. 10 amended. Section 10 (a). All judges of the superior court shall be permitted to pay into said fund the amount of five per cent (5%) of the salary paid to said judges by the State of Georgia and any of said judges who make payment into this fund shall be eligible to retire from office as judge emeritus at a salary of two-thirds of the salary now or hereafter paid to judges of the superior court by the State of Georgia, provided he meets the following two conditions: Retirement at two-thirds salary. (1) He is in at least his twentieth year of service as a judge of the superior court of this State or has already been in service for twenty years as a judge of the superior court of this State on March 9, 1945, and has been appointed Judge of the Superior Court Emeritus as provided in Section 2 of this Act; and Conditions. (2) He has for a period of twenty years made payments to said fund at the rate herein specified. However, all judges who are over fifty years of age shall be eligible to retire when they have attained the age of seventy years at two-thirds the salary paid by the State to said judges, provided said judges have served for at least twenty years and shall have made payments to said fund at the rate therein specified until they reached the age of seventy years, said payments to commence from the effective date of this Act: Provided, that any judge who shall, by virtue of the amendment of this Act approved February 16, 1950, be made eligible for appointment as a Judge of the Superior Court Emeritus, and who shall not have made payments to the superior court judges retirement fund of Georgia at the time of the passage of said amendment shall be required to pay into said fund the amount fixed by this Act only for the year in which said amendment is passed and for each year thereafter up to and including the year that said judge may be appointed as Judge of the Superior Court Emeritus. Except

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that any judge who shall, by virtue of the amendment relating to a judge who prior to his tenure as judge of superior court served as solicitor-general of this State, as judge of or solicitor of a city or county court of this State, be made eligible for appointment as a Judge of the Superior Court Emeritus, and who shall not have made payments to the superior court judges retirement fund of Georgia at the time of the passage of said amendment, shall be required to pay into said fund the amount fixed by this Act for each of the years that said judge has served as a superior court judge and for each year thereafter up to and including the year that said judge may be appointed as Judge of the Superior Court Emeritus: Provided, such judge has served at least five years as judge of the superior court. Any superior court judge in order to qualify under the provisions of this section, who has previously served as a solicitor-general, shall have contributed to the solicitor-general, shall have contributed to the solicitor-general's retirement fund from the date of the enactment of the solicitor-general's retirement fund, or from the time said judge became a solicitor-general, whichever is the later date. (b) All judges of the superior court shall be permitted to pay into said fund the amount of five per cent (5%) of the salary paid to said judges by the State of Georgia and any of said judges who have made payment to this fund shall be eligible to retire from office as Judge of the Superior Court Emeritus, at a salary of one-half of the salary now or hereafter paid to judges of the superior court by the State of Georgia, provided he meets either of the following two conditions: Retirement at one-half salary. (1) He has reached the age of seventy years and has for a period of eleven years made payments to said fund at the rate herein specified and has been appointed Judge of the Superior Court Emeritus, as provided in Section 2 of this Act; or Conditions. (2) He has for a period of ten years made payment to said fund at the rate herein specified and is prevented because of incapacity from continuing his duties as judge of the superior court and has been appointed Judge of

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the Superior Court Emeritus, as provided in Section 2 of this Act; provided, that any amount accruing prior to the passage of this Act may be paid at such times as the trustees of the superior court retirement fund may direct. Section 3. Section 11 of said Act, as amended, is hereby stricken in its entirety and a new section to be known as Section 11 is substituted in lieu thereof, which shall read as follows: Sec. 11 amended. Section 11 (a) Any judge of the superior court of the State of Georgia, who shall have attained the age of 62 years and who shall be in at least his twentieth year of service as a judge of the superior court of this State, any service as solicitor-general of a judicial circuit, as a judge of, or solicitor of, a city or county court of the State of Georgia being allowable in computing such twenty years' service, provided at least five years have been served as judge of the superior court of this State, or who has already been in service for twenty years as a judge of the superior court of this State on March 9, 1945, and who is still in service as such officer, who shall have attained the age of 62 years, shall be eligible to retire at his pleasure and shall be eligible to receive two-thirds of the salary now or hereafter paid judges of the superior court by the State of Georgia. Retirement at 62 after 20 years' service. (b) Any judge of the superior court of the State of Georgia qualifying under any one of the following provisions shall be eligible to retire at his pleasure and shall be eligible to receive one-half of the salary now or hereafter paid to judges of the superior court by the State of Georgia. Retirement at one-half salary. (1) Any judge of the superior court of the State of Georgia who shall have attained the age of seventy years and shall be in at least his eleventh year of service as a judge of the superior court of this State; or Conditions. (2) Any judge of the superior court of the State of Georgia who shall have been in service as a judge of the

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superior court for at least ten years and becomes disabled from continuing his duties as judge of the superior court, who shall have attained the age of 62 years, satisfactory evidence of such disability having been presented to the board of trustees herein created and a recommendation of appointment having been made by a majority of said board. Section 4. Section 12 of said Act, as amended, is hereby stricken in its entirety and a new section to be known as Section 12 is substituted in lieu thereof, which shall read as follows: Sec. 12 amended. Section 12. No judge shall be eligible for benefits under this Act unless he shall have qualified under one of the following provisions: (a) Retirement at two-thirds the salary paid to superior court judges: (1) Any judge of the superior court of the State of Georgia, who shall have attained the age of 62 years, who shall be in at least his twentieth year of service as a judge of the superior court computed as herein provided; or (2) Any judge of the superior court already in service for twenty years as a judge of the superior court on March 9, 1945, and who is still in service as such officer, who shall have attained the age of 62 years. (b) Retirement at one-half of the salary paid to superior court judges: (1) Any judge of the superior court of the State of Georgia who shall have attained the age of seventy years and shall be in at least his eleventh year of service as a judge of the superior court; or (2) Any judge of the superior court who shall have been in service as a judge of the superior court for at least ten years and becomes disabled from continuing his

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duties as judge of the superior court, who shall have attained the age of 62 years, satisfactory evidence of such disability having been presented to the board of trustees herein created and a recommendation of appointment having been made by a majority of said board. Section 5. In computing the number of years of service, wherever necessary to become eligible for appointment and retirement under this Act, the entire year in which a judge becomes eligible shall be computed as a part of the required number, although actually he served for a part of the year. Computation of service. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 11, 1953. SCHOOL TEACHERS' RETIREMENTAMENDMENTS. No. 593 (House Bill No. 667). An Act to amend an Act establishing a retirement system for certain teachers in the public and State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved February 16, 1950 (Ga. Laws 1950, p. 261), and an Act approved March 2, 1953 (Ga. Laws 1953, January-February Session, p. 373), so as to make certain changes regarding service retirement benefits, including disability retirement and death benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing a retirement system for certain teachers in the public and State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p.

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640), as amended, particularly by an Act approved February 16, 1950 (Ga. Laws 1950, p. 261), and an Act approved March 2, 1953 (Ga. Laws 1953, January-February Session, p. 373), is hereby amended by striking from Subsection (1) (a) the word creditable, so that when so amended Subsection (1) (a) of Section 5 shall read as follows: Sec. 1, Act of 1943 amended. (1) (a) Any member in service may retire on a service retirement allowance upon written application to the board of trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired, provided the member at the time so specified for retirement has 35 years of service, or has attained age 60 and notwithstanding that during such period of notification he may have separated from service. Service retirement allowance. Section 2. Said Act, as amended, is further amended by striking from Subsection 3 (b) the word creditable, so that when so amended Subsection 3 (b) shall read as follows: Sec. 3 amended. (3) (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 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 allowance. Section 3. Said Act, as amended, is further amended by adding after the word sixty and before the word otherwise in Subsection (4) of Section 5, the words or has thirty-five years of service, and by striking from subsections (4) (a), (4) (b), and (4) (c) wherever it appears, the word creditable, so that when so amended Subsection (4) shall read as follows: Sec. 5 amended.

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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, or has thirty-five years of service, otherwise he shall receive a disability allowance, or death allowance, which shall consist of: Disability retirement, death allowances. (a) Not less than fifteen years 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 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 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1952.

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MEDICAL COLLEGE HOSPITAL ACT AMENDED. No. 608 (House Bill No. 749). An Act to amend an Act entitled, An Act to authorize and direct the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick or near indigent sick in conjunction with the State Medical College, out of funds in the building trust funds or any other money that they may be able to procure; to repeal conflicting laws; and for other purposes, approved March 9, 1945 (Ga. Laws 1945, pp. 453, 454), by striking therefrom the requirement that said hospital be used for the indigent sick or near indigent sick; to provide that said hospital may be used for indigent and/or pay patients; to provide for specific appropriations for the operation of said hospital; to provide for the acquistion, construction, equipping and operation of said hospital and any annex or addition thereto as a non-profit teaching hospital; to provide when this Act shall become effective; 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. An Act entitled, An Act to authorize and direct the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick or near indigent sick in conjunction with the State Medical College, out of funds in the building trust funds or any other money that they may be able to procure; to repeal conflicting laws; and for other purposes, approved March 9, 1945 (Ga. Laws 1945, pp. 453, 454), is hereby amended by striking Section 1 of said Act and substituting in lieu thereof the following: Sec. 1, Act of 1945 amended. Section 1. The Board of Regents of the University System of Georgia in the exercise of its public and governmental functions shall have power and is hereby authorized to lease, buy, build, construct, establish, contract for the use of, maintain and operate a general non-profit

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teaching hospital at Augusta, Georgia, which said hospital may be that hospital known as the Eugene Talmadge Memorial Hospital now under construction, to be operated in conjunction with the Medical College of Georgia for the benefit of indigent, near indigent and pay patients, under such rules and regulations as to administration, maintenance, charges for services, and general operations as may be prescribed by said board not in conflict with general laws of Georgia pertaining to fiscal operations of departments and agencies of the State. The General Assembly may as a part of the General Appropriations Act make specific appropriations for the operation and maintenance of said hospital and any annex or addition thereto independent of and in addition to any appropriation made for the University System or any other division thereof. Medical College Hospital. Section 2. Section 2 of said Act is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Section 2. The Board of Regents is authorized to use funds from the building trust fund for the construction and equipping of such hospital or annex thereto or both, and any other money that they may be able to procure from any source. Funds. Section 3. The provisions of this Act shall become effective January 1, 1954. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1953. LAND GRANT TO CHATHAM COUNTY. No. 615 (Senate Bill No. 166). An Act to convey to the County of Chatham for highway purposes certain lands on McQueens Island in the

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County of Chatham, State of Georgia, consisting of a two-hundred foot (200') right-of-way for the purpose of constructing a new road to Savannah Beach, Tybee Island, Georgia; providing for reversion to the State Highway Department and the State of Georgia in the event of abandonment; repealing all laws in conflict herewith and for other purposes. Whereas the County of Chatham acting through its governing body, the County Commissioners and Ex-officio Judges of Chatham County, are in the process of constructing a new and additional road from Savannah to Savannah Beach, Tybee Island, Georgia; And whereas the plan for said new road to be constructed provides for the road to be laid out and constructed along the abandoned right-of-way of the Central of Georgia Railway Company where it traverses McQueens Island; And whereas by an Act of the General Assembly of the State of Georgia approved January 17, 1938, the State of Georgia granted to the United States of America all of its right, title and interest in and to McQueens Island with the exception of the right, title and interest held by Chatham County, Georgia, the State Highway Department of Georgia and of the State of Georgia in and to the right-of-way for U. S. Highway #80, State Highway #26, said right-of-way being one hundred fifty feet (150') in width, said highway and right-of-way still being used as a highway by the County of Chatham, the State Highway Department and the State of Georgia. Under the provisions of the same Act above referred to, the State of Georgia and the State Highway Department of the State of Georgia accepted from said grant to the United States Government a right-of-way along and over the original right-of-way of the Central of Georgia Railway Company formerly used as a railway bed over, through and upon the marshlands as a part of said McQueens Island. Title to said abandoned railroad bed having reverted to the State of Georgia. This reservation consisted of a right-of-way two hundred feet (200') in

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width for its entire length on McQueens Island from a point where the Central of Georgia Railway Company's right-of-way on McQueens Island Interesected St. Augustines Creek to a point where the Central of Georgia right-of-way interesected Lazaretto Creek on McQueens Island. And whereas the State of Georgia and the State Highway Department of the State of Georgia reserve said right-of-way for the use of the Highway Department of the State of Georgia and the State of Georgia. Section 1. Now 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 State of Georgia and the Highway Department of the State of Georgia hereby grants to the County of Chatham and its governing body, the County Commissioners and Ex-officio Judges of Chatham County, all of its right, title and interest in and to that certain right-of-way located on McQueens Island in the County of Chatham, State of Georgia, consisting of a right-of-way two hundred feet (200') in width, the same being measured one hundred feet (100') on either side from the center line of the abandoned right-of-way of the Central of Georgia Railway Company, said right-of-way beginning at a point where said right-of-way intersects with St. Augustine Creek on McQueens Island on the west and extending the same width for the entire length of McQueens Island to a point where the abandoned right-of-way of the Central of Georgia Railway Company intersects with Lazaretto Creek on its eastern extremity. Right-of-way, McQueens Island. Be it further enacted that said right-of-way is granted to the County of Chatham solely for road construction purposes. In the event any portion of said right-of-way should not be used by Chatham County for a roadway the title to such portions shall remain vested in the State of Georgia and the State Highway Department. After the construction of said road if the County of Chatham should ever abandon the use of said right-of-way as a roadway and cease to maintain it, then in that event the title to said abandoned roadway shall thereafter immediately

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revert to the State of Georgia and the State Highway Department of Georgia for the purposes as originally set forth in the Act approved January 17, 1938. Reversion. Be it further enacted that the provisions of this Act shall become effective immediately upon the approval of this Act, and the County of Chatham shall immediately be authorized and empowered to begin the construction of a roadway and to use all or any part of said right-of-way for the purposes set forth herein. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved December 12, 1953. CORPORATIONSPOWER TO MAKE DONATIONS. No. 620 (Senate Bill No. 178). An Act to authorize and empower all private corporations heretofore or hereafter chartered to make donations and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. Every private corporation hereafter chartered in this State shall have, in addition to the powers granted in its charter and in addition to other general powers conferred by law, power to make donations for the public welfare or for charitable, scientific, or educational purposes. Power to make donations. Section 2. Every private corporation heretofore chartered and whose charter was issued subject to the right reserved in the State to change the charter or withdraw the franchise shall also have the power described in Section 1. Existing corporations.

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Section 3. If any portion of this Act or the application thereof be declared unconstitutional, the remainder of the Act or the application thereof shall not be invalidated. Section 4. All provisions of law in conflict with this Act are hereby repealed to the extent that they are in conflict with this Act. Approved December 12, 1953. GENERAL ASSEMBLYREPRESENTATIVES FROM HALL COUNTY. No. 621 (House Bill No. 808). An Act to require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia from Hall County to qualify for a specific seat or office and thereupon such candidates shall be qualified, if otherwise qualified, to be nominated for and elected to the office specified and none other; 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 Hall County shall qualify with the local party county committee in all primaries and with the proper authority in the general election for a specific seat or office for which he offers by naming the incumbent Representative at the time for qualifying whose office he desires to be nominated for and to which he desires to be elected, and thereupon he shall be qualified, if otherwise qualified, to be nominated for and elected to such specified office and none other. In the event one or more of the offices

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of Representative from Hall County shall be vacant for any reason at the time for qualifying, all candidates when qualifying shall specify the office sought by naming the former holder thereof and thereupon shall be qualified, if otherwise qualified, to be nominated for and elected to such specified office and none other. Qualification as candidate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice that Local Legislation Applicable Only to Hall County Will Be Applied for in the General Assembly of Georgia at the Session Convening on November 16, 1953. Notice is hereby given that during the session of the General Assembly of Georgia which convenes on November 16, 1953 there will be introduced a local bill applicable only to Hall County which will require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia from Hall County to qualify for a specific seat or office and thereupon such candidates shall be qualified to be nominated for and elected to the office specified and none other. This notice is given in compliance with Sections 2-1915 and 47-801, Ga. Code Ann. /s/ Wm. B. Gunter Wm. B. Gunter, Representative from Hall County. Affidavit. William B. Gunter personally appeared before the undersigned officer authorized to administer oaths and after being duly sworn deposes and says: That the attached and foregoing Notice of Intention to Apply for Local Legislation was published in the Gainesville News, 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 (3) weeks during a period of sixty (60) days immediately

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preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponent who is the author 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 Sworn to and subscribed before me this 18 day of November, 1953. /s/ B. C. Gardner, Jr. Notary Public, Dougherty County, Ga. Approved December 12, 1953. ZONING IN CERTAIN COUNTIES. No. 623 (House Bill No. 700). An Act to amend an Act (Ga. Laws 1951, p. 481), entitled: An Act providing, for counties having a population between 108,000 and 112,000 under the 1950 United States census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers, and for the planning and zoning of said counties; repealing or superseding conflicting Acts and parts of Acts; and for other purposes., by specifying that appeals to the superior court from the board of zoning appeals must be filed within thirty (30) days, and by specifying further that the administrative orders or decisions of the executive secretary of the comprehensive city county planning and zoning board may be appealed to the board of zoning appeals, and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act entitled: An Act providing, for counties having a population between 108,000 and 112,000 under the 1950 United States census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers, and for the planning and zoning of said counties; repealing or superseding conflicting Acts and parts of Acts; and for other purposes., approved February 21, 1951, (Ga. Laws 1951, pp. 481-493) is hereby amended by adding after the words official and before the words in the enforcement of appearing in the fourth line of Section 20 of said Act, the following words, to wit: or of the executive secretary of the city county planning and zoning commission, and by adding after the word board and before the words and with the official making appearing in the ninth line of Section 20, the following words, to wit: of zoning appeals, so that Section 20, when so amended, shall read as follows: Sec. 20, Act of 1951, amended. Section 20. Appeals to the zoning board of appeals. Any person or persons severally or jointly aggrieved by any order, requirement or decision of an administrative official or of the executive secretary of the city-county planning and zoning commission, in the enforcement of the ordinance adopted pursuant to Section 18 of this Act may appeal to the board of zoning appeals by filing a notice of appeal specifying the grounds thereof within fifteen days of the making of the order, requirement or decision complained of, with the secretary of the board of zoning appeals and with the official making such order, requirement or decision. The board may in its discretion extend the time for filing the notice of appeal. The filing of the notice of appeal shall stay all proceedings in the action appealed from unless the officer from whose order, requirement or decision the appeal shall have been taken shall certify to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case

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proceedings shall not be stayed otherwise than by a restraining order granted by the superior court on notice to such official and on due cause shown. The board shall fix a reasonable time for the hearing of any appeal and shall give notice to the parties and decide the same within a reasonable time. At such hearing any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the order, requirements or decision (as in its opinion ought to be made in the premises, and shall have the powers of the officer from whose order, requirement or decision the appeal was taken, provided the affirmative vote of four members shall be necessary to reverse or modify the order, requirement or decision appealed from.) If there shall be unreasonable hardship in carrying out the strict letter of the ordinance upon which the order, requirement or decision appealed from was based, the board shall have authority in passing upon such appeal to vary or modify the application either permanently or for a specified length of time, or any of the provisions of such ordinances relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of such ordinance shall be observed, public safety and welfare secured, and substantial justice done. Appeals to zoning board of appeals. Section 2. That said Act is further amended by adding at the end of Section 21 thereof, the words: provided that said appeal to the superior court must be filed within thirty days after the decision of the board of zoning appeals or of any official charged with the enforcement of any order, requirement, or decision of said board is made, and in the event said appeal of said decision is not filed within thirty days in the superior court of said county, the decision of the board of zoning appeals or of said official charged with enforcement of any order, requirement or decision of said board shall be final, so that said Section 21, when so amended, shall read as follows: Sec. 21 amended. Section 21. Appeals from the zoning board of appeals. Any person or persons severally or jointly aggrieved by any decision of the board of zoning appeals or any

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official charged with the enforcement of any order, requirement or decision of said board, may take an appeal to the superior court; provided that said appeal to the superior court must be filed within 30 days after the decision of the board of zoning appeals or of any official charged with the enforcement of any order, requirement or decision of said board is made, and in the event said appeal of said decision is not filed within 30 days in the superior court of said county, the decision of the board of zoning appeals or of said official charged with enforcement of any order, requirement, or decision of said board shall be final. Time for filing appeal. Section 3. Be it further enacted that all laws and parts of laws in conflict with this amendment be, and the same are hereby repealed. Approved December 12, 1953. STATE HIGHWAY DEPARTMENTPOWERS AND DUTIES. Code 95-1504 Amended. No. 625 (House Bill No. 654). An Act to amend Section 95-1504 of the Code of Georgia relating to the powers and duties of the State Highway Department by providing that the State Highway Department shall have authority to construct and maintain drainage canals in cooperation with local soil conservation districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That 95-1504 of the Code of Georgia relating to the powers and duties of the State Highway Department is hereby amended by adding thereto the following:

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The State Highway Department is authorized to construct and maintain such main outlet canals and ditches as will in its discretion provide adequate drainage of roadbeds and bridges in this State. Local soil conservation districts shall cooperate in such work and furnish engineering data, surveys, and assist in the supervision of construction, so that said section when so amended shall read as follows: Code 95-1504 amended. The powers and duties of the State Highway Department shall be as follows: To have charge and control of all road or highway work designated or provided for, or done by the State or upon the State-aid roads; to designate, improve, supervise, construct and maintain a system of State-aid roads; to have control, charge, and supervision of the expenditures of all funds appropriated or provided for highway or road work by the State, or which may be a part of the State-aid road fund; to provide for surveys, maps, specifications, and other things necessary in designating, supervising, locating, improving, constructing or maintaining said State-aid roads, or such other public roads as provided for under Chapters 95-15 to 95-17; to secure consulting advisers in important technical matters, including the qualifications of technical employees; to employ clerical assistance and incur other expenses, including necessary equipment and office rent; to pay the compensation and expenses of all officials and employees of the State Highway Department; and to provide for such other expenses as may come under, or be in harmony with the provisions of Chapters 95-15 to 95-17. The State Highway Department is authorized to construct and maintain such main outlet canals and ditches as will in its discretion provide adequate drainage of roadbeds and bridges in this State. Local soil conservation districts shall cooperate in such work and furnish engineering data, surveys, and assist in the supervision of construction. Powers and duties. Canals and ditches. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 11, 1953.

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WORKMEN'S COMPENSATIONFIREMEN AND POLICEMEN IN CERTAIN CITIES. Code 114-101 Amended. No. 633 (Senate Bill No. 161). An Act to amend an Act approved March 4, 1953 (Ga. Laws 1953, pp. 526, 527) entitled 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, so as to provide that the terms and provisions of said Act shall not apply to cities having a population of more than 300,000 according to the last or any future federal decennial census; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That the said Act described in the caption be amended by adding thereto another section to read as follows: Act of 1953, amending Code 114-101 amended. Section 1 (a). The terms and provisions of this Act shall not apply to any city having a population of more than 300,000 according to the last or any future Federal decennial census. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 11, 1953.

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CLOUDLAND CANYON STATE PARK. No. 101 (House Resolution No. 157-570a). A Resolution. To change the name of State park located in Dade and Walker Counties, Georgia, now known as Sitton's Gulch State Park. Whereas, the citizens and residents of said counties desire that the above referred to Sitton's Gulch State Park be changed so that the same shall be named and known as Cloudland Canyon State Park. Now, therefore, be it resolved by the House of Representatives, concurred in and by the Senate, that the Sitton's Gulch State Park in Dade and Walker Counties, Georgia, be and the same shall be known as and named Cloudland Canyon State Park from the date of the passage of this resolution. Approved December 11, 1953. UNICOI STATE PARK. No. 102 (House Resolution No. 142-467a). A Resolution. To designate the State park now owned by the State and operated as a park in White County as the Unicoi State Park. Whereas, the State has acquired property in White County and is now operating the same as a park, but that said park has not been given a name or designation, and Whereas, the citizens of White County desire that

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said park be named Unicoi State Park, Now, therefore, be it resolved by the House of Representatives, concurred in by the Senate, that said park located in White County shall from and after the passage of this resolution be known and designated as Unicoi State Park. Approved December 12, 1953. WESTERN ATLANTIC RAILROADFACILITIES EXPANSION. No. 103 (Senate Resolution No. 77). A Resolution. Authorizing the Governor and the Chairman of the Georgia Public Service Commission to act for the State in connection with the enlargement and modernization of freight yards used by the lessee of the Western Atlantic Railroad in Fulton County, and any relocation of main track of said railroad necessary for such purposes; empowering and directing said officers, on behalf of the State, to convey the State's right, title and interest in any land from which main track is removed in such relocation, authorizing said officers to represent the State in connection with the relocation of tracks and facilities and elimination of grade crossings of said railroad in Tennessee, and to execute all necessary agreements with reference thereto; and for other purposes. Whereas, Western Atlantic Railroad and its properties, owned by the State of Georgia, are operated by the Nashville, Chattanooga St. Louis Railway, a Tennessee corporation, as lessee of the State of Georgia, under a lease contract dated May 11, 1917, and extending to December 27, 1969; the said lessee having been made for the purposes of said lease contract a Georgia

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corporation under the name and style of Western Atlantic Railroad by the leasing Act of the General Assembly approved November 30, 1915; and Whereas, the Nashville, Chattanooga St. Louis Railway as such lessee is now using train yards and switching facilities at Atlanta provided at its own expense, and which it owned when said lease of May 11, 1917, was executed, and now proposes to modernize and enlarge such yards for the more efficient movement of traffic to and from Atlanta via the State-owned railroad, for which purpose it will be necessary that Western Atlantic Railroad tracks be straightened and relocated on and across Land Lots 189, 190, 191, 223, 224, 228, 229, 244 and 245 of the Fourteenth District of Fulton County, Georgia, and that portions of the land from which main tracks are removed be included in said enlarged and modernized train yards; and Whereas, said lessee is willing and able to finance the expense of such train yard enlargement and modernization, without cost or expense to the State of Georgia, with the aid of contributions to the cost of necessary land acquisition and yard construction by other railroads under a proposed contract providing for the switching by Western Atlantic Railroad in said yard of the trains and cars of other railroads on terms which will result in operating savings and improved efficiency to Western Atlantic Railroad; and Whereas, the plan for the proposed reconstruction and enlargement of the said yards has been presented to and considered by the Georgia Public Service Commission and said commission has found that the construction and enlargement of the said yards should greatly enhance the value of the State's railroad property and that the proposed straightening of the main line will be of appreciable benefit to the Western Atlantic Railroad and the State of Georgia; and

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Whereas, the main tracks and right-of-way of Western Atlantic Railroad in Chattanooga, Tennessee, its northern terminus, cross and obstruct traffic on main travelled streets and highways in the retail business district of said city which has grown and developed since said lease of May 11, 1917, was executed, to such extent that the governmental officers of said city are demanding that such grade crossings be separated or that the main tracks of Western Atlantic Railroad be relocated within said city, and grade separations are not feasible or practical either from the standpoint of cost or of efficient operation of Western Atlantic Railroad, without relocation in said city of said main tracks; and it is necessary for the protection of the interests of the State of Georgia that it be represented in negotiations for such track relocations and grade separations; Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. That the Governor of the State of Georgia and the Chairman of the Georgia Public Service Commission be empowered, authorized and directed, on behalf of the State of Georgia, to authorize and approve the straightening and relocation of the main tracks of Western Atlantic Railroad on and across Land Lots 189, 190, 191, 223, 224, 228, 229, 244 and 245, of the Fourteenth District of Fulton County, Georgia, upon land or right-of-way which shall be acquired at the cost of the Nashville, Chattanooga St. Louis Railway, and which shall be vested in the State of Georgia, such straightening and relocation being necessary to the construction and operation of said enlarged and modernized train yards, and to convey to the Nashville, Chattanooga St. Louis Railway, or its assigns, the right, title and interest of the State of Georgia in and to the land and right-of-way from which said relocated main tracks are removed; Provided that the State of Georgia shall not assume or be charged with any part of the cost of the construction,

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reconstruction or enlargement of the said yards or of the relocation of said main tracks. Straightening and relocation of tracks in Fulton County. Section 2. That the Governor and the Chairman of Georgia Public Service Commission be empowered, authorized and directed to execute on behalf of the State of Georgia all necessary contracts and agreements with the City of Chattanooga, the State of Tennessee, the United States, and the Nashville, Chattanooga St. Louis Railway, lessee of the State of Georgia, and other proper parties, which may be required in connection with the relocation of tracks, station facilities and right-of-way of Western Atlantic Railroad within the City of Chattanooga, Tennessee, which the Governor and Chairman of the Public Service Commission shall find and deem to be consistent with the interests of the State of Georgia and Western Atlantic Railroad and proper and appropriate to the accomplishment of any plan approved by the City of Chattanooga and the Highway Department of the State of Tennessee for the elimination of railroad grade crossings within said city. Facilities in Chattanooga. Section 3. That nothing in this resolution shall be construed as authorizing the Governor and Chairman of the Georgia Public Service Commission to enter into any contract or agreement imposing any expense or cost upon the State of Georgia, and that nothing in this resolution, or in any action taken pursuant hereto, shall be construed as reducing the rent or extending the lease of Western Atlantic Railroad beyond the date of termination stated in said lease contract of May 11, 1917. Construction. Section 4. That the Attorney-General shall be the legal advisor of the Governor and the Chairman of Georgia Public Service Commission in the performance of their duties under this resolution and shall examine and approve as to form all documents necessary hereunder. Attorney-General. Approved December 12, 1953.

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STATE PARK IN OKEFENOKEE NATIONAL WILDLIFE REFUGE. No. 104 (Senate Resolution No. 69). A Resolution. Authorizing the Governor and the Director of the State Parks Department to negotiate for the purchase of certain facilities in the Okefenokee National Wildlife Refuge and for the assignment of certain land therein from the Federal Government in connection with the establishment of a State park on said lands; and for other purposes. Whereas, the Fish and Wildlife Service of the United States Department of the Interior has assigned, under a concession contract dated May 20, 1948, to Okefenokee Recreation, Inc., a Georgia corporation, certain lands in the Okefenokee National Wildlife Refuge in Charlton County; and Whereas, pursuant to said contract, said corporation has established a recreational area known as Camp Stephen Foster, and has constructed numerous buildings and facilities in connection with said camp; and Whereas, it would be highly desirable that a State park be established at such place and the buildings and facilities already constructed would be ideally suited for a State park; and Whereas, the description of the land which has been assigned to said corporation is contained in the aforesaid concession contract, which is filed in the office of the Clerk of the Superior Court of Clinch County; and Whereas, a list of the buildings, facilities and equipment owned by Okefenokee Recreation, Inc., and which have been constructed and purchased by said corporation at a cost exceeding $35,000.00, is as follows:

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One administration building with dining room, kitchen and four rooms for tenants quarters. Living quarters has bath with tub and hot water. Dining room with two toilets and lavatorys. Kitchen has sinks and butane-gas cooking stove. Three double cabins with adjoining bath (shower, commode, lavatory and hot water). Each side of cabins has one double bed and one double decker, with innerspring mattress. One dormitory building consisting of nine rooms furnished with double-deck beds, to sleep 32 people, with shower baths and toilet facilities. The above buildings have butane-gas heat and are served with septic tanks. One deep-well water pump and water lines to all buildings. Approximately 45 boats for fishing and sight seeing. Boat basin on Jones Island, with boat run entering into Billys Lake, and from Billys Lake to Minnies Lake and from there to Big Water Lake. One cooking, eating and rest shelter on Big Water Lake. One telephone line (18 miles) from Edith, Georgia, to Camp Stephen Foster. This line connects to the Homerville Telephone Company's system at Edith, Georgia. The line is constructed on REA light poles under rental agreement. One large two-way highway entrance sign located at entrance to highway 441, immediately south of the Suwanee River at Fargo, Georgia. Also, numerous small highway signs on 441; and on road leading from 441 to Camp Stephen Foster; and

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Whereas, said corporation has the right to transfer or assign the aforesaid contract upon the approval of the Director of the Fish and Wildlife Service; Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor and the Director of the State Parks Department are hereby authorized to negotiate with Okefenokee Recreation, Inc., for the purchase of the buildings, facilities and equipment described herein, provided the purchase price thereof shall not exceed the sum of twenty-seven thousand five hundred dollars ($27,500.00) Purchase of facilities. Be it further resolved, that the Governor and Director of the State Parks Department are hereby authorized to negotiate with the Fish and Wildlife Service of the United States Department of the Interior for a long-term lease or assignment of the lands heretofore designated, and that no purchase of the aforesaid buildings, facilities and equipment shall be consummated until such lease or assignment, satisfactory to the Governor and the Director of the State Parks Department, has been finally completed. Lease of land. Be it further resolved, that after the aforesaid negotiations have been satisfactorily completed, the Director of the State Parks Department is hereby authorized to establish a State park on such lands, fully utilizing the aforesaid buildings, facilities and equipment. State park. Be it further resolved that the Budget Bureau is authorized to make such allotment of funds as is necessary for carrying out the provisions of this resolution. Funds. Be it further resolved, that a copy of this resolution be transmitted to the Governor, the Director of the State Parks Department, the Director of the Fish and Wildlife Service of the United States Department of the Interior, and the president of Okefenokee Recreation, Inc. Approved December 12, 1953.

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NATIONAL GUARD UNIT IN MILLEDGEVILLELAND PROVIDED. No. 105 (Senate Resolution No. 76). A Resolution. Authorizing the transfer of certain property from the custody and control of the Georgia Forestry Commission to the custody and control of the State Department of Defense; and for other purposes. Whereas, the Georgia Forestry Commission has under its custody and control 7.29 acres of land in Land Lot 264 of the First District of Baldwin County, Georgia, which is a part of the Old Prison Farm property and a portion of the 619.5 acres of land transferred to said commission from the State Department of Public Welfare by a resolution of the General Assembly of Georgia approved February 15, 1952 (Ga. Laws 1952, p. 553); and Whereas, said property is needed by the State Department of Defense for the purpose of providing facilities for National Guard units located in the City of Milledgeville, and for the construction of an armory on said property by the use of joint State and Federal funds; and Whereas, the Governor, the Georgia Forestry Commission, and the State Department of Defense have agreed and concurred that said project would be of untold benefit to the people of Georgia, and would not curtail or interfere with any of the activities of the Georgia Forestry Commission; Now, therefore, be it resolved by the General Assembly of Georgia that the aforesaid 7.29 acres of land in Land Lot 264 of the First District of Baldwin County, Georgia, which is a part of the Old Prison Farm property and a portion of the 619.5 acres of land under

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custody and control of the Georgia Forestry Commission by virtue of the aforesaid resolution of 1952, said property being more particularly described in a plat attached to an Executive Order of the Governor relating to this same subject, signed by the Governor on the 8th day of April, 1953, and on file in the Governor's office, be and the same is hereby transferred from the custody and control of the Georgia Forestry Commission to the custody and control of the State Department of Defense, to be used for the purpose of providing facilities for National Guard Units located in the City of Milledgeville and for the construction of an armory on said property through the use of joint State and Federal funds. Be it further resolved that a copy of this resolution be sent to the Governor, the Georgia Forestry Commission, and the State Department of Defense. Approved December 12, 1953. KELLOGG FOUNDATION GRANT OF FUNDS TO UNIVERSITY SYSTEM. No. 106 (House Resolution No. 336). A Resolution. Whereas, one of the great needs of Georgia is for better and more adequate programs of continuing education for its citizens and particularly for its adult citizens who have completed their formal schooling, and Whereas, the University of Georgia in Athens is one of the institutions of the University System of Georgia that have placed great emphasis on the development of programs of continuing education, and Whereas, in furtherance of its purpose to develop outstanding programs of this type, the University of

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Georgia recently applied to the Kellogg Foundation of Battle Creek, Michigan, for a grant of funds, and Whereas, the Kellogg Foundation on November 17, 1953 made a grant of $2,144,000.00 to the University of Georgia for the development of programs of continuing education, and Whereas, said grant was made upon the condition that the University of Georgia would match the grant with $1,900,000.00 to be used for similar purposes, and Whereas, the University has been able to provide $300,000.00 from accumulated earnings of its Division of General Extension and from other internal funds of the institution, and Whereas, Governor Herman E. Talmadge, recognizing the great value of such programs to the people of Georgia, has provided the University with the additional $1,600,000.00 needed to meet the terms of the grant by the Kellogg Foundation, and Whereas, the proceeds of the Kellogg Foundation grant and the matching State funds will be used in the following manner: 1. $2,190,000.00 for the construction of an Adult Eduction Center in Athens, 2. $1,000,000.00 for the completion of the 4-H Club Center at Rock Eagle Lake near Eatonton. 3. $400,000.00 for an Educational Film Production Laboratory, Educational Television Station and Communications Center on the University campus in Athens, 4. $454,000.00 for salaries of skilled personnel to operate the center until it becomes self-supporting, and Whereas, these expenditures will provide the State

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of Georgia with the outstanding center of adult education in the nation and the finest and best equipped 4-H Club camp in the country, and Whereas, the work of these centers will contribute immeasurably to the intellectual and cultural progress of the people of Georgia and to their economic progress, Now, therefore, be it resolved by the General Assembly of the State of Georgia 1. That the General Assembly commends the University of Georgia, its officials, faculty members, and governing board for their vision and for their indefatigable efforts to bring about the establishment of a comprehensive and well-planned program of continuing education. 2. That the General Assembly expresses to the Board of Trustees of the Kellogg Foundation, to Dr. Emory W. Morris, the President of the Foundation, and to Dr. Hugh B. Masters, Director of the Division of Education of the Foundation, its profound gratitude for the magnificent grant that they have made to the University of Georgia and for the service that they have rendered to the people of Georgia. 3. That the General Assembly expresses its deep appreciation to Mr. J. P. Nicholson, a former member of the staff of the University of Georgia, for his successful efforts to interest the Kellogg Foundation in the University of Georgia as the logical place for the establishment of a great center for continuing education. 4. That the General Assembly commends Governor Herman E. Talmadge for the interest that he has manifested in the establishment of centers for the continuing education of our people and for the 4-H Club boys and girls of Georgia.

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5. That the General Assembly expresses to Governor Talmadge its deep appreciation of his decision to make possible the establishment of these centers by providing State funds with which to match the grant of the Kellogg Foundation and thanks him for this further contribution that he has made to the development of an outstanding program of public education in Georgia. Approved December 14, 1953. EXCHANGE OF LANDS WITH NEWTON COUNTY BOARD OF EDUCATION. No. 107 (Senate Resolution No. 74). A Resolution. Authorizing the Governor to convey certain property owned by the State in Newton County, and used for military purposes to the Newton County Board of Education in exchange for a conveyance by the Newton County Board of Education to the State of certain other land located in Newton County, Georgia, suitable for use for military purposes and acceptable by the Military Department for such usage. Whereas, the State of Georgia now owns certain land in the City of Covington, County of Newton, under a conveyance of the Newton County Board of Education, recorded in Deed Book Number 37, page 531 of the Records of Newton Superior Court, and such land is being used by the State for military purposes; and Whereas, the Newton County Board of Education is about to construct additional public school facilities and has need of said State-owned land for the construction of such facilities; and Whereas, the Newton County Board of Education

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has agreed to remove and transfer the facilities of the State now located on such property to another location in Newton County, Georgia, equally suitable and acceptable to the State for use for such purposes, and to convey title to such other prperty to the State of Georgia. Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that upon receipt of a conveyance from the Newon County Board of Education conveying to the State of Georgia title to another tract of land located in said county suitable and acceptable to the Military Department for use for military purposes, and upon the agreement in writing of said board of education to transfer present State facilities to such other site without cost to the State, the Governor is hereby authorized and empowered to convey to the Newton County Board of Education all interest now held by the State in the aforesaid property in the City of Covington, County of Newton, presently employed by the State for military purposes. Approved December 12, 1953. CONSTITUTION HILL DESIGNATED. No. 108 (House Resolution No. 269). A Resolution. Whereas, on December 9, 1952 a corporation titled The Hall Of Our History, Inc., was organized in Georgia to promote knowledge and to create in the people of the United States an appreciation of the ideals and achievements of the free men and women who have contributed to our history and, Whereas, this corporation is governed by a board of trustees of seventy-five members, including the Governor

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of Georgia, representing a broad cross-section of our finest Americans, and Whereas, this board of trustees has directed its plans and is now bringing into being a magnificent and ageless memorial to be located on Pine Mountain, Georgia on land donated by the State of Georgia, and Whereas, the General Assembly of the State of Georgia desires to express its deep appreciation and full endorsement of these efforts, Now, therefore, be it resolved by the General Assembly of the State of Georga: 1. The people of Georgia hereby express their deep appreciation for the great purposes and plans of The Hall of Our History, Inc. 2. The people of Georgia fully endorse this magnificent undertaking by the board of trustees of the corporation. 3. Henceforth the lofty prominence on Pine Mountain on which The Hall of Our History is to be erected shall be known as Constitution Hill. Approved December 11, 1953. FULTON COUNTYROAD WORK. PROPOSED AMENDMENT TO THE CONSTITUTION. No. 109 (Senate Resolution No. 27). A Resolution. Proposing an amendment to Paragraph III of the Amendment to Article XI of the Constitution of the State of Georgia of 1945, ratified on the 4th day of November, 1952.

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Be it resolved by the General Assembly of the State of Georgia: Section 1. That Paragraph III of the amendment to Article XI of the Constitution of the State of Georgia of 1945, ratified on the 4th day of November, 1952, be and the same is hereby amended by adding at the end of said paragraph the following: Art. XI, Par. III. Provided, however, that the prohibition of this paragraph shall not apply to highways, bridges, viaducts and underpasses, or the approaches thereto, constructed or to be constructed, relocated or repaired, in whole or in part, with Federal or State funds; nor shall said prohibition apply to the use of State of Federal funds available to Fulton County or the governing authorities thereof for the construction, reconstruction, relocation or repair of highways, bridges, viaducts, and underpasses, or approaches thereto, nor to the acquisition of necessary land therefor; nor shall said prohibition apply to the use of any part of the proceeds of any bond issue voted or to be voted by the people for such purposes. Provided, further, that the governing authorities of Fulton County shall have the right to furnish labor and the use of equipment for road work or other public works in cities or towns having a population of not more than 5,000 inhabitants by the United States census of 1950 or any future Federal census, where the cost to Fulton County for such labor and equipment shall not exceed fifty (50%) percent of the total cost of any such road or other public works constructed in such municipality. Fulton County; road work in certain towns and cities. Section 2. Be it further resolved by the authority aforesaid that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in the Counties

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of Fulton, DeKalb and Clayton for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen. All persons voting in said election in said counties in favor of adopting the amendment to the Constitution, proposed by this resolution, shall have written or printed on their ballots the words: For ratification of amendment to Paragraph III of the amendment to Article XI of the Constitution of the State of Georgia of 1945, ratified on the 4th day of November, 1952, permitting Fulton County to participate in the construction and repair of highways and appurtenances in municipalities located in whole or in part in that county and all persons voting at said election in said counties against adopting the amendment to the Constitution proposed by this resolution shall have written or printed on their ballots the words: Against ratification of amendment to Paragraph III of the amendment to Article XI of the Constitution of the State of Georgia of 1945, ratified on the 4th day of November, 1952, permitting Fulton County to participate in the construction and repair of highways and appurtenances in municipalities located in whole or in part in that county. Said amendment shall be submitted to the voters of Fulton County, DeKalb County and Clayton County in conformity with the requirement of the terms and provisions of the amendment to Article XIII, Section I, Paragraph I of the Constitution of 1945, ratified November 4, 1952. If a majority of the electors qualified to vote, and voting thereon, shall vote in favor of the adoption of said amendment in each of the counties affected, when the returns shall be consolidated as required by law in elections for members of the General Assembly, the said amendment shall become a part of Article XI, of the Constitution of 1945 and a part of Paragraph III of the amendment to said article ratified on the 4th day of November, 1952 and the Governor shall make proclamation thereof accordingly.

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FULTON COUNTYHOMESTEAD EXEMPTION, SCHOOL TAXES. PROPOSED AMENDMENT TO THE CONSTITUTION. No. 110 (Senate Resolution No. 70). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the homestead exemption shall not apply to taxes which are limited in their application to the Fulton County School District and which are assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education as recommended by the Fulton County Board of Education. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section I, Paragraph IV, of the Constitution of Georgia be amended by adding thereto the following: Art. VII, Sec. I, Par. IV. Notwithstanding anything elsewhere provided in this Constitution, the homestead exemption shall not apply to taxes which are limited in their application to the Fulton County School District, and which are assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education as recommended by the Fulton County Board of Education. Section 2. Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment

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to be published in one or more newspapers in Fulton County for two months previous to the time of holding the next general election, and also to be advertised in the area to be directly affected thereby. Section 3. Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of Fulton County at the next general election to be held after the publication as provided for in the second section of this resolution, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption shall not apply to taxes limited to the Fulton County School District for the support and maintenance of education as recommended by the Fulton County Board of Education; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption shall not apply to taxes limited to the Fulton County School District for the support and maintenance of education as recommended by the Fulton County Board of Education. If such amendment is ratified in accordance with the Constitution of this State, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

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FULTON COUNTYSCHOOL DEBT. PROPOSED AMENDMENT TO THE CONSTITUTION. No. 111 (Senate Resolution No. 71). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property in said school district, but shall not exceed 10% thereof. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section VII, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto the following: Art. VII, Sec. VII, Par. I. Notwithstanding the 7% limitation herein provided, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property therein, but shall not exceed 10% of such assessed value. Section 2. Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two houses of the General Assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in Fulton County for two months previous to the time of

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holding the next general election, and also to be advertised in the area to be directly affected thereby. Section 3. Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of Fulton County at the next general election to be held after the publication as provided for in the second section of this resolution, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, providing that the debt incurred by the Fulton County Board of Education for the Fulton County School District shall not exceed 10% of the assessed value of all the taxable property therein; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, providing that the debt incurred by the Fulton County Board of Education for the Fulton County School District shall not exceed 10% of the assessed value of all the taxable property therein. If such amendment is ratified in accordance with the Constitution of this State, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

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BAR EXAMINATIONSQUESTIONS ON LEGAL AND JUDICIAL ETHICS. No. 112 (House Resolution No. 254). A Resolution. Requesting the State Board of Bar Examiners to require law students to successfully pass a course on legal and judicial ethics; and for other purposes. Whereas, the legal profession is a noble profession and one in which the members thereof should at all times display the highest standards of ethics, in order that said profession enjoy the confidence of the entire public; and Whereas, it is extremely desirable that all persons entering such profession should be imbued with a knowledge of what constitutes legal and judicial ethics; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Board of Bar Examiners be requested to include on each bar examination questions which involve a knowledge of legal and judicial ethics. Be it further resolved, that a copy of this resolution be transmitted to each member of the State Board of Bar Examiners. Approved December 12, 1953.

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LAND CONVEYANCE TO CITY OF ALBANY CONFIRMED. No. 113 (House Resolution No. 249-790h). A Resolution. Confirming a deed by the Governor of Georgia, acting for the State of Georgia, to the City of Albany of certain property in Cheehaw State Park; and for other purposes. Whereas, the General Assembly at the January-February Session of 1953 passed a resolution authorizing the Governor to convey on behalf of the State of Georgia two acres, more or less, of certain property in Cheehaw State Park, in Dougherty County, to the City of Albany; and Whereas, pursuant to said resolution the Governor on behalf of the State of Georgia, by quitclaim deed of April 14, 1953, conveyed certain described property in Cheehaw State Park to the City of Albany; and Whereas, said property contained six acres, more or less; and Whereas, it is desired by both the State of Georgia and the City of Albany that no question of the sufficiency of said deed ever arise; Now, therefore, be it resolved by the General Assembly of Georgia, that the action of the Governor, acting for and on behalf of the State of Georgia, in conveying the property described in the aforesaid deed of April 14, 1953, to the City of Albany, is hereby confirmed and ratified, and that said deed is hereby considered sufficient to convey the interest specified therein to the property specified therein. Be it further resolved, that a copy of this resolution

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be sent to the Governor of Georgia, the Director of the Department of State Parks, and the Mayor of the City of Albany. Approved December 12, 1953. FOURTH CLASS POST OFFICES IN GEORGIA. No. 116 (House Resolution No. 283). A Resolution. Whereas, there are many fourth class post offices throughout the State of Georgia that are a great asset and mean much to the community where they are located, both through service and convenience to the citizens of these communities; Whereas, many of these fourth class post offices have been in service 80 to 100 years and if they are closed it will work a great hardship on many people in the communities where these post offices are located; Whereas, we believe that post offices are operated for the service and the convenience of the people and not to show a profit for the post office department; Whereas, we believe that postal service in the State of Georgia will suffer if these fourth class offices are closed Therefore, be it resolved by the House of Representatives, the Senate concurring, that the present Republican administration in Washington be asked to not to proceed with its plans to close fourth class post offices in Georgia. Be it further resolved that a copy of this resolution be addressed to the President of the United States, the Postmaster General, each and every Congressman from

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Georgia, our two United States Senators, Hon. Walter F. George, Hon. Richard B. Russell, and to the Governor of Georgia and that these officials be asked to do everything within their power to stop any large scale closing of fourth class post offices in Georgia. Approved December 11, 1953. LEGISLATIVE COUNCILCOMMITTEE TO STUDY. No. 117 (Senate Resolution No. 80). A Resolution. Providing for a committee to make a study of the advisability of establishing a legislative council; to provide for procedure connected therewith; and for other purposes. Whereas, problems facing the General Assembly are becoming increasingly complex and it is extremely important that information relating to such problems upon which the General Assembly may rely with utmost confidence be provided; and Whereas, research reports on major issues and studies on various proposals to be presented to the General Assembly are among the many needed functions which should be expanded and coordinated; and Whereas, the legislatures of at least twenty-nine states have created legislative councils in order to more efficiently cope with such problems and provide such needed services; Now, therefore, be it resolved by General Assembly of Georgia, that there is hereby created a committee to make a study of the advisability of establishing a legislative council. The Committee shall be composed of five members; Lieutenant-Governor, Speaker

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of the House of Representatives, a member of the Senate to be appointed by the Lieutenant-Governor, a member of the House to be appointed by the Speaker, and the Deputy Director of the Bill Drafting Unit. The Lieutenant-Governor may appoint a member of the Senate to serve in his place and the Speaker may appoint a member of the House to serve in his place. The committee shall study councils which have been created, gather information and data regarding the successful operation of councils, ascertain the purposes and objectives of councils, and collect material and other available information relative to councils. It shall make a report of its study by December 1, 1954, and distribute a copy thereof to each member of the General Assembly elected to take office in January, 1955, and any other persons whom the committee thinks should have a copy. The report shall contain the committee's recommendations as to the advisability of establishing a legislative council and if such be deemed advisable, a draft of the proposed legislation shall accompany the report. The committee is authorized to employ necessary clerical help. The legislative members of the committee shall receive the compensation and allowances provided for interim service. The Deputy Director of the Bill Drafting Unit shall receive no additional compensation but shall be paid for all expenses incurred by virtue of service on the committee. The funds for carrying out the provisions of this resolution shall be paid from the funds appropriated to or available to the legislative branch of the government. The committee shall meet at the State Capitol within sixty days from the adjournment of the November-December 1953 session of the General Assembly for the purpose of organizing and electing a chairman, vice-chairman and secretary. It shall be the duty of the Lieutenant-Governor and the Speaker of the House

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to set the date of the initial meeting and give notice thereof to the members of the committee. If only one of such persons is serving on the committee, he shall set the date and give the notice. If neither is serving, the Deputy Director of the Bill Drafting Unit shall set the date and give the notice. Approved December 12, 1953. LAND EXCHANGE WITH SUMTER COUNTY. No. 118 (Senate Resolution No. 35). A Resolution. A resolution authorizing the Board of Education of the State of Georgia to trade lands sufficient for an airplane runway or runways for other lands owned by Sumter County and used by Americus and Sumter County in connection with airport at South Georgia Trade Vocational School; and for other purposes. Whereas, the State of Georgia, through its agent the Board of Education of the State of Georgia holds title to certain real estate fully described in a deed from Sumter County, Georgia to said board, said deed dated December 1, 1947 and recorded in Deed Book 36, page 221 of the records of the Clerk's Office Superior Court, Sumter County, Georgia, and, Whereas, Sumter County holds title to and ownership of lands adjacent to and surrounding the land held by said board, upon which adjacent land there is a runway or runways for airplanes, and, Whereas, the lands at present used as runways by the Americus Sumter County Airport are inadequate and insufficient and do not meet with the approval of the Civil Aeronautical Authority,

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Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Board of Education of the State of Georgia be and they are hereby authorized to deed to Sumter County, a political subdivision of the State of Georgia, a sufficient tract of land now held by said board as above referred to for an airplane runway or runways, as may be approved by the Civil Aeronautical Authority, the Board of Education of the State of Georgia and Sumter County, acting by and through its board of commissioners of roads and revenues, a corporate authority of said county. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Board of Education of the State of Georgia be and they are hereby authorized to deed to Sumter County, a political subdivision of the State of Georgia, a sufficient tract of land now held by said board as above referred to for an airplane runway or runways, as may be approved by the Civil Aeronautical Authority, the Board of Education of the State of Georgia and Sumter County, acting by and through its board of commissioners of roads and revenues, a corporate authority of said county. Be it further resolved, that Sumter County for and in consideration of the property to be deeded to it by said board, with the reversionary clause as now appears in the deed herein referred to, in exchange therefor deed to said Board of Education of the State of Georgia the lands owned by said county which are now being used by it for an airplane runway or runways on the lands adjacent to the property owned by said board. Be it further resolved, that all property deeded and exchanged by authority of this resolution, as between said board and said county, shall be the subject matter of accurate surveys to be approved by said Civil Aeronautical Authority, Sumter County and the Board of Education of the State of Georgia and said surveys

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attached to the deeds of exchange and recorded on the Plat Book in the Clerk's Office of Sumter County, Georgia. Approved December 12, 1953. LAND SALE AUTHORIZED. No. 119 (House Resolution No. 250-790i). A Resolution. Authorizing the sale by the State of Georgia of a onefourth undivided interest in a small tract of land located in Harris County, Georgia, and hereinafter more particularly described. Whereas, the State of Georgia acquired a one-fourth undivided interest in 6.0 acres of land, hereinafter more particularly described, by deed dated January 7, 1946, from the United States of America, which deed is recorded in Deed Book No. 16, page 369 of the records of Harris County, Georgia; and Whereas, in said deed it was intended to convey to the State of Georgia, property of Pine Mountain Recreational Demonstration Area for park purposes and said interest in said tract not being particularly described in said deed but was inadvertently conveyed by reference to a prior deed; and Whereas, said one-fourth undivided interest is not and can not be used advantageously by the State for park purposes and that said track is not now included in the F. D. Roosevelt State Park but lies outside of said park and west of a railroad right-of-way which divides said property from said park; and Whereas, Ida Cason Calloway Foundation of Hamilton,

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Harris County, Georgia, owns the remaining three-fourths undivided interest in said tract and for the purpose of clearing the title to the same so that it can be advantageously used by him, he desires to purchase the interest owned by the State in said property; and Whereas, three impartial and reputable citizens of Harris County, Georgia, namely: Hon. Zade Kenimer, Honorable L. E. Foster and Honorable B. W. Williams, did on the 23rd day of October, 1953, appraise the value of the one-fourth undivided interest of the State of Georgia in said property to be of the value of $150.00; and Whereas, it has been determined by the Department of State Parks, Historic Sites and Monuments that the interest in said tract is and can be of no value to the State for park purposes and the United States through its National Parks Service has agreed it would, and by an instrument dated September 22, 1953, did release said one-fourth undivided interest from a reversionary clause contained in the instrument herein referred to by which the State of Georgia acquired said interest, for the purpose of allowing the State of Georgia to dispose of said interest, on the condition that such money that may be derived from the sale thereof may be expended on permanent improvements on other properties of the F. D. Roosevelt State Park. Now therefore, be it resolved by the General Assembly of the State of Georgia and it is hereby resolved by authority of the same that his Excellency the Governor of the State of Georgia be and he is hereby authorized and empowered to sell and convey the one-fourth undivided interest which the State of Georgia now owns in and to the property hereinafter described to the Ida Cason Calloway Foundation for the sum for which its value has been appraised as herein set out to wit: $150.00, and that said sum to be paid to the Department of State Parks, Historic Sites and Monuments to

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be used by it for permanent improvements on the F. D. Roosevelt State Park as provided in the release from the United States hereinabove referred to. The subject property is described as follows: A certain lot or parcel of land being a portion of Land Lot No. 25 in the 3rd District of Harris County, Georgia, bounded and described as follows: Beginning at a point where the Columbus-Atlanta paved highway intersects the right-of-way of the Central of Georgia Railway, at or near the northwest corner of said Lot No. 25, and running from thence south along the east side of the Columbus-Atlanta paved highway to the lands of Cason J. Calloway bought from Henry Zachry and J. D. Miller, and running from thence due east to the Central of Georgia right-of-way; thence in a northwesterly direction along said right-of-way to the beginning point, containing six (6) acres, more or less. Bounded on the east by the Central of Georgia Railway, on the south by Cason J. Calloway land (formerly Allen Cameron place), on the west by the Atlanta-Columbus highway, and on the north in a point at the intersection of said highway and railroad. Description. Being a part of the land conveyed to the State of Georgia by the United States of America by deed dated January 7, 1946, recorded in Deed Book 16, page 369, of the records of Harris County, Georgia. Approved December 12, 1953. EMPLOYEES' RETIREMENT SYSTEMAMENDMENTS. No. 636 (Senate Bill No. 153). An Act to amend the Employees' Retirement System Act, approved February 3, 1949 (Ga. Laws 1949, p. 138),

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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), s amended by an Act approved March 2, 1953 (Ga. Laws 1953, p. 349), so as to define involuntary separation for the purpose of this Act; to provide any member serving in year representing ninety-five percent of time required shall be deemed qualified for number of years under Section 5 of this Act; to establish qualifying requirements for time served in the Armed Forces of the United States; to amend condition for employment or continued employment; to provide a method for equalizing the computation of prior service accumulation and to provide minimum service retirement allowance after thirty-five years service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That the Act approved February 3, 1949 (Ga. Laws 1949, p. 138), known as the Employees' Retirement System Act, as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 416), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 175), as amended by an Act approved March 2, 1953 (Ga. Laws 1953, p. 349), be and the same is hereby amended by amending Section 1 thereof by inserting a new paragraph to be known as paragraph (25) and to read as follows: Acts amended. Involuntary separation from employment without prejudice, for the purpose of this Act, shall mean separation or release from service not willingly by choice of member who has not been convicted in a court of competent jurisdiction of embezzlement or larceny of public funds or property or malfeasance in office, or who has not been forced to make restitution for any funds or property

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criminally taken by said employee at the time of separation. Involuntary separation. Involuntary separation from employment with prejudice, for the purpose of this Act, shall mean separation or release from service not willingly by choice of member who has been convicted in a court of competent jurisdiction of embezzlement or larceny of public funds or property or malfeasance in office, or who has been forced to make restitution for any funds or property criminally taken by said employee at the time of separation. Section 2. That said Act is further amended by amending Section 5, Paragraph (4) thereof, by adding a new subparagraph (e) to read as follows: Sec. 5 amended. (e) Any member who is serving in the year which represents 95% of the required time under Paragraph (10) of this section, or any of the subparagraphs of Paragraph 4 of this section, shall be deemed to qualify for the required number of years. Computation of service. Section 3. That said Act is further amended by repealing in its entirety Paragraph (4) of Section 4 of said Act and inserting in lieu thereof a new Paragraph (4) to read as follows: Sec. 4 amended. Anything in this Act to the contrary notwithstanding, any employee who entered the Armed Forces of the United States during the time of war or who has been inducted into such Armed Forces in time of peace, shall be entitled to a prior service certificate for creditable service rendered prior to his service in the Armed Forces provided he becomes an employee within one year after his discharge from the Armed Forces and elected to become a member within ninety (90) days after the effective date of this Act, or subsequent to the effective date of this Act, within sixty (60) days after the date of his employment. In addition to such prior service credit, he shall also be entitled to creditable service for all time he shall have served in the Armed Forces of the United States subject to a maximum period for such additional

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creditable service of five years. Where any portion of the last five years of service immediately prior to July 1, 1949, is represented by creditable service in the Armed Forces, earnable compensation during that period shall be considered as equal to that to which the employee was earning in his position immediately after his return from the Armed Forces. Service with Armed Forces. Section 4. That said Act is further amended by repealing in its entirety Subparagraph (b) of Paragraph (1) of Section 5 and inserting in lieu thereof a new subparagraph (b) to read as follows: Sec. 5 amended. (b) From and after July 1, 1950, until June 30, 1955, every employee covered under the terms of this Act shall be retired on the first day of the calendar month next succeeding that in which he attains the age of seventyfive (75) years. Every such employee who has attained the age of seventy-five (75) years, shall be retired forthwith. On and after June 30, 1955, every such employee who at that time has attained the age of seventy (70) years, shall be retired forthwith, and thereafter every such employee must be retired on the first day of the calendar month next succeeding that in which he attains the age of seventy (70) years, provided that nothing in this Act shall preclude the employment or continued employment of persons in either age category with professional, scientific and/or technical skills who are so certified to the board of trustees by their department head. Compulsory retirement ages. That said Act is further amended by inserting a new paragraph immediately after Paragraph 3 in Section 4 to be appropriately numbered and to read as follows: Sec. 4 amended. Anything in this Act to the contrary notwithstanding the prior service accumulations of a member shall be computed to July 1, 1953, in the manner as now provided in Section 4 and any contributions by a member made prior to January 1, 1954, shall be considered in computing the pension. Prior service accumulations. That said Act is further amended by inserting at end of

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Section 5 a new subsection to be numbered Subsection (11) to read as follows: Sec. 5 amended. Anything in this Act to the contrary notwithstanding any member with thirty-five years service and not less than sixty years of age shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age sixty-five had he continued in service without further change in compensation. Provided, further, that the limitations as to age and length of service provided in Section 5 Subsection (1) (a) of this Act shall not apply to the provisions of Subsections (3) and (4) of Section 5 of this Act. Section 5. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. CAPITOL SQUARE DESIGNATED. No. 637 (Senate Bill No. 165). An Act to define and designate the property owned by the State of Georgia and the sidewalks and streets within the area bounded by Washington Street, Trinity Avenue, Memorial Drive, Capitol Avenue, Central Place and Hunter Street in the City of Atlanta as The Capitol Square; to fix control and jurisdiction over use of said State-owned property therein including the public streets and sidewalks within the boundaries of the property to be known as The Capitol Square; to authorize the closing and/or relocating of any public street or sidewalk therein so that the property can be developed as part of the Capitol grounds; to authorize conveyance by the Governor to the City of Atlanta such part of the Capitol grounds facing Capitol Avenue, or other property owned by the State upon unanimous approval of the Governor, Attorney-General and State Auditor that said conveyance of the property is necessary

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and essential to aid in the movement of traffic around the said Capitol Square; to repeal conflicting laws; and for other purposes. Be it enacted by the Genera Assembly of Georgia as follows: Section 1. That property owned by the State of Georgia and the sidewalks and streets within the area in the City of Atlanta bounded by Washington Street, Trinity Avenue, Memorial Drive, Capitol Avenue, Central Place and Hunter Street, is hereby designated as The Capitol Square. Capitol Square. Section 2. That the State of Georgia shall have the same control and jurisdiction over the use of the buildings and grounds owned by the State and designated as The Capitol Square as has been heretofore authorized by law for the control and supervision of the public property known as the State Capitol Buildings and Grounds. Section 3. The Governor of Georgia is hereby authorized and empowered to deed, upon unanimous approval of the Governor, Attorney-General, and State Auditor, upon such terms and conditions as they may deem to be to the best interests of the State, to the City of Atlanta such part of the grounds owned by the State and facing Capitol Avenue that is deemed necessary and essential to widen and straighten Capitol Avenue at the entrance to Hunter Street so as to route traffic into Piedmont Avenue and such other property owned by the State which is essential or necessary to aid in the movement of traffic around said The Capitol Square. Deeds to City of Atlanta. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953.

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HUNTING, FISHING OR TRAPPING WITHOUT LICENSE. No. 638 (House Bill No. 326). An Act to make it a misdemeanor to hunt, fish or trap without obtaining a proper license or for failure to carry a proper license while hunting, fishing or trapping; 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 this State for any person to hunt, fish or trap without obtaining a proper license or for failure to carry a proper license while hunting, fishing or trapping. Section 2. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) and not more than two hundred dollars ($200.00) and all costs of court, and sentenced to work on the public works not less than thirty (30) days nor more than sixty (60) days, either or both of these punishments in the discretion of the court. Punishment. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. REAL ESTATE BROKERS AND SALESMEN-LICENSE. Code 84-1401 Amended. No. 641 (House Bill No. 851). An Act to amend Section 84-1401 of the Code of Georgia of 1933, as amended, relating to counties to which the

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Real Estate Law is applicable, so as to include counties having a city therein having a population in excess of 17,500 by the United States census of 1950 or any future census, and to provide that certain persons may obtain a license without examination when such counties come under the jurisdiction of the Real Estate Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 84-1401 of the Code of Georgia of 1933, as amended, which relates to counties to which the Real Estate Law is applicable, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 84-1401 which shall read as follows: Code 84-1401 amended. It shall be unlawful for any person, firm, partnership, association, co-partnership or corporation, whether operating under an assumed name or otherwise, to engage in the business or capacity, either directly or indirectly, of a real estate broker or real estate salesman within any county in this state having a population of 30,000 or more, according to the United States census of 1950, or any future census, or any county which has a city within its limits having a population in excess of 17,500 by the United States census of 1950, or any future census, without first obtaining a license under the provisions of this Chapter. Provided that any person who has been actively engaged in the real estate business, either as broker or salesman, in counties with a population of not less than 30,000 nor more than 70,000 according to the United States census of 1950, or any future census, or any county which has a city within its limits having a population in excess of 17,500 by the United States census of 1950, or any future census, and who is actively engaged in such business at the time the county in which he is a resident comes under the jurisdiction of the Real Estate Commission and who makes application for a license within twelve months from the date such county comes under

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such jurisdiction, shall be entitled to a license either as broker or as salesman upon the payment of the fee for a license required by law and shall not be required to stand an examination. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. TAX LIENS. Code 92-5707, 92-5708 Amended. No. 642 (House Bill No. 647). An Act to provide for the superiority of the title and operation of security deeds over certain taxes, tax liens, notices and recordings, by amending Section 92-5707, Georgia Code 1933, providing for taxes to be paid before other claims, and by amending Section 92-5708 providing for priority of tax liens; and by amending an Act approved January 3, 1938 (Ga. Laws 1937-38, Extra Session, p. 98); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 92-5707 of the 1933 Code of Georgia, providing for taxes to be paid before other claims, is amended by making the period at the end of said section a comma and adding at the end of said section the following: except that the lien of a security deed shall be superior to taxes assessed against the owner of property when such tax represents an assessment upon the property of such owner other than that property specifically covered by the title and operation of the security deed, so that said section when so amended shall read as follows: Code 92-5707 amended.

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92-5707. Taxes shall be paid before any other debt, lien or claim whatsoever and the property returned or held at the time of returning them, or thereafter, shall always be subject, except the title and operation of a security deed shall be superior to the taxes assessed against the owner of property when such tax represents an assessment upon property of such owner other than that property specifically subject to the title and operation of the security deed. Section 2. Section 92-5708 of the 1933 Code of Georgia, relating to the time liens for taxes attach to property of taxpayers and tax collectors and the priority of such tax liens, is amended by inserting after the words such liens for taxes are hereby declared superior to all other liens, the words, except that the title and operation of a security deed shall be superior to the lien for taxes assessed against the owner of property when such lien for taxes represents an assessment upon property of such owner other than that property specifically covered by the title and operation of the security deed, so that said section when so amended shall read as follows: Code 92-5708 amended. 92-5708. Liens for taxes, whether ad valorem, specific, or occupation, due the State, any county thereof, or municipal corporation therein, shall cover the property of taxpayers liable to tax, from the time fixed by law for valuation of the same in each year until such taxes are paid, and the property of tax collectors and their sureties from the time of giving bond until all taxes for which they are responsible shall be paid. Such liens for taxes are hereby declared superior to all other liens, except that the title and operation of a security deed shall be superior to the lien for taxes assessed against the owner of property when such lien for taxes represents an assessment upon property of such owner other than that property specifically covered by the title and operation of the security deed, and shall rank among themselves as follows: First, taxes due the State; second, taxes due the counties of the State; third, taxes due to municipal corporations of the State.

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Section 3. Section 42 of an Act approved January 3, 1938 (Ga. Laws 1937-38, Extra Session, p. 98), is amended by adding at the end of such section the following: and provided further that the lien for any ad valorem tax shall not be superior to the title and operation of a security deed when such tax represents an assessment upon property of such taxpayer other than that property specifically covered by the title and operation of a security deed, and that lien of a specific or occupation tax shall not be superior to the title and operation of a security deed title recorded prior to the time the execution for such tax shall have been entered on the general execution docket in the office of the clerk of the superior court of the county in which the property affected is located, so that said section when so amended shall read as follows: Sec. 42, Act of 1938, amended. Section 42. Liens for taxes. Liens for taxes, whether ad valorem, specific, or occupation, due the State, any county thereof, or municipal corporation therein, shall cover the property of taxpayers liable to tax, from the time fixed by law for valuation of the same in each year until such taxes are paid, and the property of tax collectors and their sureties from the time of giving bond until all the taxes for which they are responsible shall be paid. Such liens for taxes are hereby declared superior to all other liens, and shall rank among themselves as follows: first, taxes due the State; second, taxes due counties of the State; third, taxes due school or other special tax districts of the State; fourth, taxes due to municipal corporations of the State. Provided, however, that the lien for taxes imposed by the provisions of the Motor-Fuel Tax Law, approved March 18, 1937 (Ga. Laws 1937, pp. 167-207, inclusive), shall not have priority as against any bona fide mortgagee, holder or transferee of a deed to secure debt, pledgee, judgment creditor, or purchaser of or from persons liable for the tax imposed by said Act, where the rights of such mortgagee, holder or transferee of a deed to secure debt, pledgee, judgement creditor or purchaser shall have attached prior to the time notice of such lien shall have been filed by the State Revenue Commissioner in the office of the superior

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court of the county in which the principal place of business or in the county where the property of such person liable for payment of the motor-fuel tax is located. Provided, however, that the lien for taxes shall not be changed by any provisions of this Act and shall be the same as existing prior to the passage of this Act; and provided further that the lien for any ad valorem tax shall not be superior to the title and operation of a security deed when such tax represents an assessment upon property of such taxpayer other than that property specifically covered by the title and operation of a security deed, and that lien of a specific or occupation tax shall not be superior to the title and operation of a security deed title recorded prior to the time the execution for such tax shall have been entered on the general execution docket in the office of the clerk of the superior court of the county in which the property affected is located. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. CIVIL DEFENSE ACT AMENDED. No. 643 (House Bill No. 630). An Act to amend an Act entitled An Act relating to the establishment of a civil defense agency and other organizations for civil defense within this State; granting certain executive powers with respect thereto and for other and related purposes., approved February 19, 1951 (Ga. Laws 1951, p. 224), so as to include common natural disasters within the policy and purpose of said Act; to provide that the Civil Defense Director shall be the Disaster Coordinator; 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 relating to the establishment of a civil defense agency and other organizations for civil defense within this State; granting certain executive powers with respect thereto and for other and related purposes., approved February 19, 1951 (Ga. Laws 1951, p. 224), is hereby amended by inserting in Section 2 (a) after the words resulting from enemy attack, sabotage or other hostile action, the words and from common natural disasters, so that said section when so amended shall read as follows: Sec. 2, Act of 1951, amended. Section 2. Policy and purpose . (a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, and from common natural disasters, and in order to insure that preparations of this State will be adequate to deal with such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives the property of the people of the State of Georgia, it is hereby found and declared to be necessary: (1) to create a State Civil Defense Agency, and to authorize the creation of local organizations for civil defense in the political subdivisions of the State; (2) to confer upon the Governor and upon the executive heads or governing bodies of the political subdivisions of the State the emergency powers provided herein; and (3) to provide for the rendering of mutual aid among the political subdivisions of the State, and with other States, and with the Federal Government with respect to the carrying out of civil defense functions; and (4) to authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this Act. Policy and purpose. Section 2. Said Act is further amended by adding onto Section 4 a new subsection, which shall be known as Subsection (f), which shall read as follows: (f) The Civil Defense Director shall also be the Disaster

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Coordinator and shall Act for the Governor when requested to do so. Disaster Coordinator. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. NONRESIDENT FISHING LICENSES AND PERMITS. Code 45-222 Amended. No. 645 (House Bill No. 948). An Act to amend an Act relating to fishing licenses for nonresidents, approved March 28, 1935 (Ga. Laws 1935, p. 379), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1188), and an Act approved February 15, 1952 (Ga. Laws 1952, p. 258), and codified as Section 45-222 of the Annotated Code of Georgia, so as to provide for a fishing permit for nonresidents at a fee of $1.00 per three days; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act relating to fishing licenses for non-residents, approved March 28, 1935 (Ga. Laws 1935, p. 379), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1188), and an Act approved February 15, 1952 (Ga. Laws 1952, p. 258), and codified as Section 45-222 of the Annotated Code of Georgia, is hereby amended by striking the aforesaid Code Section 45-222 in its entirety and inserting in lieu thereof a new Section 45-222 to read as follows: Code 45-222, amended. 45-222. Each nonresident of this State who desires to exercise the privilege of fishing in any of the waters of this State shall obtain from the Director of Game and

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Fish Commission a license and pay therefor a license fee in the same amount as the State in which such nonresident of Georgia resides charges for a nonresident fishing license, and such license shall bear the date of April 1 of the year in which issued and shall expire on March 31 of the following year: Provided, that nonresidents may purchase permits to fish within the waters of the State of Georgia open to fishing upon exhibiting a current fishing license issued by the State of his residence and upon the payment of the sum of one dollar for each three days for which a permit is desired. In the event the State in which a nonresident applicant resides has no provision for a fixed nonresident fishing license fee, then such applicant shall be charged the sum of $5.25 for a nonresident fishing license. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. COUNTY BOARDS OF EDUCATIONCONDEMNATION PROCEEDINGS. No. 647 (House Bill No. 924). An Act to amend an Act authorizing county boards of education to condemn private property for public school purposes, approved March 27, 1947 (Ga. Laws 1947, p. 1130), so as to provide for an additional method of condemnation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act authorizing county boards of education to condemn private property for public school purposes, approved March 27, 1947 (Ga. Laws 1947, p. 1130), is hereby amended by changing the period at the

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end of Section 2 to a comma, and adding the words or the form provided in Chapter 36-11 of the Code of Georgia of 1933, as amended., so that when so amended Section 2 shall read as follows: Sec. 2, Act of 1947, amended. Section 2. Be it further enacted that condemnation proceedings by the county boards of education as authorized by this Act shall take the form provided in Chapters 36-1 through 36-6 of the Code of Georgia of 1933, as amended, or the form provided in Chapter 36-11 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 December 17, 1953. BRANDS AND MARKS. Code Ch. 62-1 Amended. No. 649 (House Bill No. 640). An Act to amend Code of 1933, Chapter 62-1, known as the marks and brands laws of Georgia; to provide that all marks, brands or tattooes shall be recorded in the office of the Commissioner of Agriculture, and in the office of the ordinary of the county; to provide for the enforcement and carrying out the provisions of this chapter by the Commissioner of Agriculture; and for other purposes. Be it enacted by the General Assembly of Georgia and under the authority of the same, as follows: Section 1. On and after the passage of this Act, Code of Georgia, Chapter 62-1, known as the marks and brands laws of Georgia are hereby amended by adding new sections to be appropriately numbered, to read as follows: Code Ch. 62-1, amended.

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Section 2. All persons having marks, brands or tatooes shall have them recorded in the office of the Commissioner of Agriculture, and, by the ordinary of the county where the owner resides, or if nonresident, where the cattle frequents. In a book kept for that purpose. Recording. Section 3. It shall be the duty of the Commissioner of Agriculture to carry out and enforce the provisions of this chapter. Section 4. All laws, and parts of laws, in conflict herewith are hereby repealed. Approved December 17, 1953. COUNTY TREASURERSCOMPENSATION. Code 23-1013 Amended. No. 650 (House Bill No. 756). An Act to amend Section 23-1013 of the Code of Georgia of 1933 relating to compensation of county treasurers, as amended by an Act approved March 24, 1939 (Ga. Laws 1939, p. 277) so as to give discretion to county governing authorities to increase such compensation; to repeal conflicting laws; and for other purposes. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same; Section 1. Section 23-1013 of the Code of Georgia of 1933 relating to compensation of county treasurers as amended by an Act approved March 24, 1939 (Ga. Laws 1939, p. 277) is hereby amended by adding at the end of the first paragraph the words unless within the sole discretion of the proper governing authorities of the county the compensation may be increased to a sum not to exceed $3,600.00 per annum, so that after amendment the

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first paragraph of Section 23-1013 of the Code of Georgia aforesaid shall read: Code 23-1013 amended. County treasurers in the several counties are entitled to receive two and one-half percent commission for receiving, and two and one-half percent commission for paying out, all sums up to $10,000; and one and one-fourth percent for receiving, and one and one-fourth percent for paying out, the excess over $10,000, for receiving and paying out county funds; Provided, that in no case shall the compensation of county treasurers exceed the sum of $3,000 per annum, unless within the sole discretion of the proper governing authorities of the county the compensation may be increased to a sum not to exceed $3,600 per annum. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 17, 1953. TEACHERS' RETIREMENT SYSTEM AMENDED. No. 653 (House Bill No. 1042). An Act to amend an Act establishing a retirement system for certain teachers in the public and State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to make provision for teachers who are over age, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing a retirement system for certain teachers in the public and State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding a new paragraph relating to age of teachers and adding a new section to read as follows: All teachers in 3 teacher schools in counties with population

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of 62,800-63,000 according to 1950 census shall not be retired because of age if the local board of education unanimously approve the hiring of the teachers. Certain counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. EXECUTORS AND ADMINISTRATORSINVESTMENTS. Code 113-1518 Amended. No. 657 (House Bill No. 855). An Act to amend Section 113-1518 of the Code of Georgia of 1933, which section regulates and limits investments by executors and administrators, by adding thereto, in line three thereof between the words State and bearing, the words or the Regents of the University System of Georgia; 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. Section 113-1518 of the Code of Georgia of 1933, which section regulates and limits investments by executors and administrators, is hereby amended by adding thereto, in line three thereof between the words State and bearing, the words or the Regents of the University System of Georgia, so that said Code section, as amended, shall read as follows: Code 113-1518 amended. 113-1518. (3764) Investment in State bonds and other securities. Executors and administrators may invest trust funds in bonds and other securities issued by this State, or the Regents of the University System of Georgia, bearing a lower rate of interest than seven percent

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per annum, and shall, in the settlement of their accounts on the funds so invested, be chargeable with no greater interest than that received from the State. Executors and administrators are also authorized to invest trust funds in the bonds or other obligations issued by the United States Government, and in the bonds of any corporation created by an Act of Congress, the bonds of which said corporations so created by the said Act of Congress are guaranteed by the United States Government. No person, firm, corporation, or association shall be liable to account for a greater rate of interest than the amount actually received on said investment. Investments. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby expressly repealed. Approved December 17, 1953. ALIENSLICENSE TO PRACTICE MEDICINE. Code 84-927 Amended. No. 659 (Senate Bill No. 221). An Act to amend an Act relating to the licensing of aliens to practice medicine or pharmacy in this State, approved March 23, 1939 (Ga. Laws 1939, p. 319), as amended by Section 1 of an Act approved February 18, 1950 (Ga. Laws 1950, pp. 362, 363), so as to provide that any alien employed as a physician by the State or any agencies or departments thereof may continue to operate and practice under the temporary license so long as such physician is employed by the State, agencies or departments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act relating to the licensing of aliens to practice medicine or pharmacy in this State, approved

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March 23, 1939 (Ga. Laws 1939, p. 319), as amended by Section 1 of an Act approved February 18, 1950 (Ga. Laws 1950, pp. 362, 363), is hereby amended by adding at the end of Section 2 of said Act, as amended (referred to in the amendatory Act of 1950 as Code Section 84-927), the following: Acts of 1939, 1950, amended. Provided, however, any alien physician who is employed by the State or any agencies or departments thereof shall be entitled to renew his license under the preceding provisions of this Act indefinitely without regard to the six year limitation hereinbefore provided, but only so long as such physician is employed by the State or any agencies or departments thereof. so that said section when so amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid that any person who was not born or naturalized in the United States or who is not a citizen of the United States and who obtains, after the passage of this Act, a license to practice medicine or pharmacy in this State shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933. Notwithstanding the foregoing provisions, any person residing in Georgia who has been a resident of Georgia not less than three months, and can show that he is of good moral character and that he is a graduate of a medical school approved by the Association of American Medical Colleges, and/or the State Board of Medical Examiners of Georgia, and who shall have filed his declaration of intention to become a citizen of the United States of America may be granted a temporary license to practice medicine in a State institution under proper medical supervision, which temporary license, at the sound discretion of the State Board of Medical Examiners may be renewed each twelve months for not more than six years; when such person shall have become a naturalized citizen of the United States he will be eligible for examination for permanent license provided his moral and educational standards are still acceptable to

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the State Board of Medical Examiners; and at the end of six years if such person has not become a naturalized citizen he shall not be permitted to take the examination nor shall further temporary license be issued to him; provided, however, any alien physician who is employed by the State or any agencies or departments thereof shall be entitled to renew his license under the preceding provisions of this Act indefinitely without regard to the six year limitation hereinbefore provided, but only so long as such physician is employed by the State or any agencies or departments thereof. Temporary license for State-employed aliens. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. ILLEGAL KILLING OF FISH. Code 45-507 Amended. No. 660 (House Bill No. 235). An Act to amend Section 45-507 of the Code of Georgia of 1933, as amended by an Act approved February 15, 1952, which section relates to unlawful devices used in killing fish, so as to provide that the possession of any such devices shall be deemed prima facie evidence of intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 45-507 of the Code of Georgia of 1933, as amended by an Act approved February 15, 1952, which section relates to unlawful devices used in killing fish, is hereby amended by adding before the proviso the following: The possession of any of the aforesaid devices in any boat on the fresh waters of Georgia shall be

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deemed prima facie evidence of intent to perform the acts set out above, provided this does not apply to batteries used to run motor or lights., so that Section 45-507 when so amended shall read as follows: Code 45-507 amended. Any person who shall use in this State any battery, generator, or other similar device, or any dynamite or explosives or other destructive substances for the purpose of catching, killing, or harming fish shall be guilty of a felony, and shall upon conviction thereof, be punished or confined in the penitentiary for not less than one nor more than three years, or by a fine of not less than $250.00 nor more than $1,000.00, or by both fine and imprisonment. The possession of any of the aforesaid devices in any boat on the fresh waters of Georgia shall be deemed prima facie evidence of intent to perform the acts set out above, provided this does not apply to batteries used to run motor or lights. Provided, that the provisions of this section shall not apply to mills, dyeplants or other industries of this State emptying refuse into waters necessary in the operation of said mills, dyeplants or other industries. Illegal devices and methods. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. ORDINARIESWHO SERVES WHEN ORDINARY DISQUALIFIED. Code 24-1710 Amended. No. 661 (House Bill No. 656). An Act to amend Section 24-1710 of the Code of Georgia of 1933, relating to who shall serve as ordinary when the ordinary is disqualified, as amended by an Act approved February 14, 1951 (Ga. Laws 1951, p. 129), so as to clarify the provisions relating to who

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may serve; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 24-1710 of the Code of Georgia of 1933, relating to who shall serve as ordinary when the ordinary is disqualified, as amended by an Act approved February 14, 1951 (Ga. Laws 1951, p. 129), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 24-1710 to read as follows: Code of 24-1710 amended. 24-1710. Whenever an ordinary is disqualified to act in any cause or because of sickness, absence, or for any other reason is unable to act in any cause, the judge of the city court or the county court, as the case may be, shall exercise all the jurisdiction of the ordinary in such cause. If there be no judge or if for some reason such judge cannot serve in such cause, the clerk of the superior court shall exercise all the jurisdiction of the ordinary in such cause. If for any reason the clerk of the superior court cannot serve in such cause, the judge of the superior court shall appoint a person to serve and exercise the jurisdiction of the ordinary in such cause. The compensation of the person serving as herein provided shall be fixed by the board of county commissioners, or, in those counties which have no county commissioners, by the judge of the superior court. Such compensation shall be paid from the general funds of the county. All fees collected during such service shall be paid into the general funds of the county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953.

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STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS. No. 663 (House Bill No. 468). An Act to amend an Act entitled An Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists., approved February 21, 1951 (Ga. Laws 1951, p. 408), so as to provide for a per diem for board members while in attendance at the meetings 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 entitled An Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists., approved February 21, 1951 (Ga. Laws 1951, p. 408), is hereby amended by adding at the end of Section 5, relating to the organization of the board, expenses, meetings, seal, rules and regulations and examinations, the following: In addition to the expenses which are provided in this section to be paid to the members of the board, each member of the board shall also receive fifteen ($15.00) dollars per diem while in attendance at the meetings of the board., so that Section 5 when so amended shall read as follows: Sec. 5, Act of 1951, amended. The Board of Examiners of Psychologists shall elect annually a president and vice-president. Said board shall operate under the terms of Chapter 84-1, providing for a joint-secretary for the several State examining boards and said joint-secretary shall serve said board as provided by law. Each member shall receive all necessary expenses incident to holding meetings: provided, however, that expenses shall in no case exceed the fees collected by said joint-secretary for said board. The board shall hold at least one regular meeting each year, said required meeting to be held at the State Capitol. Call

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meetings may be held at the discretion of the president or at the written request of any two members of the board. Said board shall adopt a seal, which must be affixed to all licenses issued by the board. The board shall, from time to time, adopt such rules and regulations as they may deem necessary for the performance of their duties, and shall examine and pass upon the qualifications of the applicants for the practice of applied psychology as herein provided. Three members of the board shall at all times constitute a quorum. The board shall be empowered to hire such clerical assistance as is necessary to carry on its activities, within the limits of funds available to the board. In addition to the expenses which are provided in this section to be paid to the members of the board, each member of the board shall also receive fifteen ($15.00) dollars per diem while in attendance at the meetings of the board. Board. Per diem. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. WELCOME STATIONS AT HIGHWAY ENTRANCES TO STATE. No. 669 (House Bill No. 752). An Act to repeal an Act providing for the erection and operation of welcome stations at the main highway entrances into this State, approved February 21, 1951 (Ga. Laws 1951, p. 747); to provide for the erection of such welcome stations at the entrance of Federal highways into the State by the Department of Corrections or by private contract upon direction from the Governor; to provide for maintenance of such stations by the State Highway Department and confer upon said department the power of eminent domain to acquire suitable sites for the erection of such stations; to authorize and direct the Department of Commerce

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to operate such stations and provide suitable personnel and literature for advertising the attractions of this State; to prohibit the leasing of said stations to any private person or the sale of any article or commodity therein; to provide that the Governor shall have authority, in his discretion, to use any available funds and the contingent appropriations fund for carrying out the provisions 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 authorizing and directing the Georgia Department of Commerce to establish and maintain welcome information stations at the main highway entrances into this State, approved February 21, 1951 (Ga. Laws 1951, p. 747), is hereby repealed in its entirety. Act of 1951 repealed. Section 2. The Governor shall have authority to direct and provide for the construction and building at or near the point of entrance into this State of any Federal highway, welcome stations, which shall perform the functions hereinafter prescribed. The Governor in his discretion may direct that such construction be let by private contract or be performed by the Department of Corrections. Welcome stations. Section 3. In carrying out the provisions of this Act, the Department of Corrections shall have authority to engage the services of skilled architects for the preparation of plans for such welcome stations, and all other technical or engineering assistance as may be necessary to the proper construction thereof. Plans and construction. Section 4. It shall be the duty of the State Highway Department to maintain said welcome stations in a neat, modern, and attractive condition. The State Highway Department shall also exercise the powers of eminent domain in acquiring suitable locations and sites for the erection of any such welcome stations, which the Governor

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may direct to be constructed, or hereinbefore referred to. Maintenance. Eminent domain. Section 5. The Department of Commerce shall operate such welcome stations, and shall advise and assist the Department of Corrections in the construction thereof, and shall advise and direct the State Highway Department as to the maintenance, repair and upkeep thereof. The Department of Commerce shall furnish suitable personnel for the operation of such stations, and shall keep said stations supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this State. Operation. Section 6. Such welcome stations shall not be leased nor let to any private person, nor shall any such station sell or offer for sale, any article or commodity. Section 7. The Governor in his discretion, is authorized to use any available funds and the Contingent Appropriations Fund for the purpose of carrying out the provisions of this Act. Funds. Section 8. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1953. ESCAPES. No. 670 (Senate Bill No. 205). An Act to amend Chapter 26-45 of the Code relating to rescues and escapes so as to provide that it shall be a misdemeanor for any person to escape or attempt to escape prior to conviction after having been lawfully arrested by any peace officer of this State or county thereof; 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. Any person who after having been lawfully arrested for the alleged violation of any law of this State, by any peace officer of this State or any county thereof, escapes or attempts to escape prior conviction shall be guilty of a misdemeanor, without regard to whether such person was arrested with or without a warrant. Provided however, no person shall be convicted under this section unless he shall have been convicted of the crime for which he was arrested, and such arrest determined to be legal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. CONVICTSCONTROL OF. No. 672 (House Bill No. 657). An Act to amend an Act relating to the control of convicts by the Prison Commission (now Department of Corrections), approved March 3, 1937 (Ga. Laws 1937, p. 758) by providing that the superior court clerks shall furnish the Department of Corrections with a copy of the accusation, or indictment upon which the accused was convicted; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act relating to the control of convicts by the Prison Commission (now Department of Corrections) approved March 3, 1937 (Ga. Laws 1937, p. 758) is hereby amended by striking therefrom Section 2 and substituting in lieu therefor the following: Sec. 2, Act of 1937, amended.

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Section 2. The clerks of the superior courts shall furnish to the Department of Corrections a full and complete history of each person convicted upon forms provided by the Director of Corrections. Such history shall include a copy of the indictment, accusation, or both, upon which such person was tried and convicted, and shall be forwarded at the same time that the notice of sentence is furnished. For this service the clerk shall be paid the sum of one ($1.00) dollar by the county authorities where such person is convicted, except where such clerks are on salaries. Information by clerk of superior court. Section 2. That all laws and parts of law in conflict with this Act are hereby repealed. Approved December 17, 1953. NAHUNTATAX FOR PROMOTION OF INDUSTRIES. Proposed Amendment to The Constitution. No. 129 (House Resolution No. 260-843f). 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 Nahunta 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 Nahunta, and authorizing the city officials in charge of the fiscal 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.

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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: Art. VII, Sec. IV, Par. I. Provided, however, that the City of Nahunta, in Brantley 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 Nahunta, 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 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 Nahunta 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 Nahunta. Against ratification of amendment to Article VII, Section IV, Paragraph I of the

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Constitution so as to provide that the City of Nahunta 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 Nahunta. 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. HARALSON COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 130 (House Resolution No. 274-867b). A Resolution. Proposing to the qualified voters an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Haralson County by the people; to provide for the election of the County School Superintendent of Haralson County by the board; to provide the procedure connected therewith; 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:

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Section 1. Article VIII, Section V, Paragraph I, of the Constitution, relating to the county boards of education, is hereby amended by adding at the end thereof the following: Art. VIII, Sec. V, Par. I. The members of the Board of Education of Haralson County shall be elected as hereinafter provided. For the purposes of this amendment, Haralson County is hereby divided into five education districts, as follows: Education District No. 1 shall be composed of Militia District No. 1512 (Berea), Militia District No. 1574 (Steadman), and all that portion of Militia District No. 653 (Tallapoosa) which lies outside the area embraced in the independent school system; Education District No. 2 shall be composed of Militia District No. 1077 (Mountain View), Militia District No. 1078 (Little Creek), and Militia District No. 1335 (Felton); Education District No. 3 shall be composed of Militia District No. 813 (Seventh), and Militia District No. 1475 (Draketown); Education District No. 4 shall be composed of Militia District No. 1143 (Buchanan) and Militia District No. 1585 (Corinth); Education District No. 5 shall be composed of Militia District No. 1225 (Buncombe), Militia District No. 1426 (Waco), and that portion of Militia District No. 1251 (Bremen) which lies outside the area embraced in the independent school system. Any person in Haralson County may offer as a candidate for election as a member of the county board of education to represent any one of the five education districts created herein, regardless of whether such person resides in the education district which he seeks to represent. It shall be necessary that all persons qualifying for election as members of the board specify the education district which they desire to offer as a candidate to represent, and the member of the board for each education district shall be elected only by the voters of the education district as set out herein.

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Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Haralson County to issue a call for an election for the purpose of electing the first members of the Board of Education of Haralson Count as created herein. The date of such election shall be set for a day not less than twenty nor more than thirty days from the date of the issuance of the call thereof. It shall be the duty of the ordinary to publish the date of the election, the purpose thereof, and an explanation of the voting procedure by the education districts herein created, once a week for two weeks immediately preceding the date of the election in the official organ of Haralson County. The members elected by Education Districts Nos. 1 and 2 shall be elected for a term of two years and shall take office January 1, 1955. The members elected by Education Districts Nos. 3, 4 and 5 shall be elected for a term of four years and shall take office January 1, 1955. The term of office of the members elected at such election shall expire on December thirty-first of the last year of their term. The successors to such members, and all future successors, shall be elected for a term of four years, and shall be elected at the general election in the year in which the terms of office of the members they are seeking to succeed expire, and shall take office on the first day of January following their election. In case of a vacancy on said board by death, resignation, or from any other cause other than expiration of term of office, the remaining members of the board shall elect a successor who shall serve the unexpired term. In case any independent school system merges with the county school system, the area which was embraced within such independent school system shall be entitled to representation on such board, and, in such event, the Judge of the Superior Court of Haralson County shall appoint a person to serve on the board until the thirty-first day of December of the year in which the next general election, after the effective date of such merger, is held. At such general election

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a member of the board shall be elected by the voters of the area embraced within such independent school system as it existed prior to such merger, and the same procedure relating to candidates offering for membership on the board shall be followed as set out herein with relation to the education districts. The Board of Education of Haralson County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1954, and the term of office of the members of such board shall expire on such date. The Board of Education of Haralson County shall, by a majority vote, elect a School Superintendent of Haralson County who shall serve at the pleasure of the board. The compensation and qualifications of the superintendent shall be as provided by law. The School Superintendent of Haralson County serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected but all future superintendents shall be elected by the board as provided heretofore. 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 for in said paragraph of the Constitution. The ballot submitting the above proposed amendment

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shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to provide for the electio of the members of the Board of Education of Haralson County by the people, and the election of the county school superintendent by the board. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Haralson County by the people, and the election of the county school superintendent by the board. 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. RECORD OF INSTRUMENTS AFFECTING REAL PROPERTY IN CERTAIN COUNTIES. Code 24-2715 Amended. No. 673 (House Bill No. 941). An Act to amend Section 24-2715 of the Code of Georgia of 1933, as amended, which section relates to additional

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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 18,600 and not more than 18,900, 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 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 which shall read as follows: Code 24-2715 amended. Provided, however, that in all counties of this State having a population of not less than 18,600 and not more than 18,900, 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,

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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 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. Counties. Index books. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. INCOME TAXPERSONAL EXEMPTIONS. Code 92-3106(c) Amended. No. 676 (House Bill No. 899). An Act to amend Section 92-3106 (c) of the Code of Georgia of 1933, as amended, which section relates to personal exemptions allowed certain persons having minor children, so as to provide that in the case of an individual who is single, or married but not living with husband or wife, who maintains a household which constitutes the principal place of abode of himself and at least one of the individuals for whom he is entitled to claim credit for dependent, shall be entitled to a personal exemption of $2,500.00; to provide that such individual shall not be allowed any other exemption or credit for such dependent used for the purposes of qualifying for this exemption; to provide for an effective date; 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:

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Section 1. That Section 92-3106(c) of the Code of Georgia of 1933, as amended, be and the same is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section to be designated 92-3106(c), which shall read as follows: Code 92-3106(c) amended. 92-3106(c). In the case of an individual who is single, or married but not living with husband or wife, who maintains a household which constitutes the principal place of abode of himself and at least one of the individuals for whom he is entitled a claim credit for dependent under Section 92-3106(d), he shall be entitled to a personal exemption of $2,500.00; provided, however, such individual shall not be allowed any other exemption or credit for such dependent used for the purposes of qualifying for the exemption herein provided. Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act shall apply to and be in full force and effect for all taxable years ending on and after the approval date 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 be and the same are hereby repealed. Approved December 17, 1953. CAMDEN SUPERIOR COURTTERMS. No. 684 (House Bill No. 907). An Act to amend an Act creating the Brunswick Judicial Circuit and setting the dates for the terms of the courts thereof, as approved August 14, 1909 (Acts of 1909, pp. 94-96), and the various amendments thereto, in so far as the dates for terms of Camden Superior Court are concerned; to establish a new term of Camden Superior Court to meet on the third (3rd) Monday in June of each year beginning with June, 1954, to

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repeal all Acts in conflict therewith and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. There shall be held in each year three (3) terms of the Superior Court in and for Camden County, Georgia, in the Brunswick Judicial Circuit. Section 2. The terms of the Camden Superior Court shall be designated and held on the following times; the April term shall be held on the first Monday in April of each year; the June term shall be held on the third Monday in June each year; the November term shall be held on th first Monday of November of each year. Terms. Section 3. 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 Camden County has jurisdiction may be legally heard, tried and determined at any of said three (3) terms of said court. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Certificate. State of Georgia. County of Camden. I, Kenneth L. Harrison hereby certify that I am the managing editor of The Camden County Tribune a newspaper published in the County of Camden and which is the newspaper in which sheriff's advertisements for said county are published and that there was published in the said newspaper in its issues of November 6th, 1953, November 13th, 1953 and November 20th, 1953 a copy of the following notice of intention to apply for local legislation, to wit:

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Notice of Intention to Seek Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at the adjourned session which will reconvene on the 16th day of November, 1953, for the passage of a local bill to be entitled: An Act to authorize and establish a third term of Camden County Superior Court to be held on the third Monday in June, beginning on the third Monday in June, 1954; and for other purposes. This 4th day of November, 1953. /s/ A. A. Buie, Representative. Witness my hand and seal this 20th day of November, 1953. /s/ Kenneth L. Harrison Managing Editor, Camden County Tribune. Legal Advertisements. Notice of Intention to Seek Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at the adjourned session which will reconvene on the 16th day of November, 1953, for the passage of a local bill to be entitled: An Act to authorize and establish a third term of Camden County Superior Court to be held on the third Monday in June, beginning on the third Monday in June, 1954; and for other purposes. This 4th day of November, 1953. A. A. Buie, Representative. Approved December 17, 1953.

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GILMER SUPERIOR COURTTERMS. No. 687 (House Bill No. 900). An Act to change the time of holding the Superior Court of Gilmer County from the second Monday in November of each year to the fourth Monday in October of each year; 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 November of each year to the fourth Monday in October of each year. October term. Section 2. 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 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 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce

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at the November 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 November of each year to the fourth (4th) Monday in October of each year. This the 31st day of October, 1953. /s/ Joe P. Holloway, Representative, Gilmer County, Georgia. State of Georgia, Gilmer County. Before me, the undersigned attesting officer, duly authorized to administer oaths, personally appeared 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 5, November 12 and November 19 of the year 1953. /s/ C. F. Owen C. F. Owen Sworn to and subscribed before me, this 19th day of November, 1953. /s/ Bill Westmoreland Bill Westmoreland. Clerk, Superior Court, Gilmer County, Ga. (Seal affixed) Approved December 17, 1953.

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REAL ESTATE BROKERSLICENSE AND BOND. Code 84-1409 Amended. No. 693 (Senate Bill No. 191). An Act to amend Section 84-1409 of the Code of Georgia of 1933, relating to the qualifications of applicants for license to act as real estate brokers or salesmen and the bond to be given so as to change the requirements of the bond; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 84-1409 of the Code of Georgia of 1933, relating to the qualifications of applicants for license to act as real estate brokers or salesmen and the bond to be given, is hereby amended by striking the following: and provided that all licensed brokers shall give bond in the sum of $1,000, acceptable to and to be approved by said commission to abide by all laws enacted in reference to such brokers., and inserting in lieu thereof the following: and such licensed brokers shall give an indemnity bond in the amount of $1,000, in a form approved by the commission, and such shall be an indemnity bond in which the broker and his surety are held and firmly bound to the Governor of the State of Georgia, in his official capacity as such and his successors in office; and the condition of this obligation is that the bond shall be subject to suit by action thereon by any person who shall sustain actionable injuries or loss or damage, and it shall be for the purpose of indemnifying any person injured, or damaged, or who may suffer loss, due to any wrongful act of any broker, his agents or employees. Said broker shall be bound under said bond to faithfully perform all of his duties as such broker so far as public citizens are concerned., so that Section 84-1409 when so amended shall read as follows: Code 84-1409 amended. Licenses shall be granted only to persons who are

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trustworthy and bear a good reputation for honesty and fair dealing and are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public and only after satisfactory proof thereof has been presented to the Georgia Real Estate Commission. Before any individual may be granted a broker's license he may have had a salesman's license in the State for at least 12 months and must have been actively engaged in the real estate business for such period of time, and must have passed an examination provided by the commission; except that in extraordinary cases the commission may in its discretion grant a temporary certificate; and except when the applicant has previously held a broker's license in this State he will be eligible for reinstatement of his license upon satisfactory proof being furnished the commission that he was in good standing with the Georgia Real Estate Commission at the time of his retirement from the real estate business, and conditioned upon his passing an examination to be given by the commission, and such licensed brokers shall give an indemnity bond, in the amount of $1000 in a form approved by the commission, and such shall be an indemnity bond in which the broker and his surety are held and firmly bound to the Governor of the State of Georgia, in his official capacity as such and his successors in office; and the condition of this obligation is that the bond shall be subject to suit by action thereon by any person who shall sustain actionable injuries or loss or damage, and it shall be for the purpose of indemnifying any person injured, or damaged, or who may suffer loss, due to any wrongful act of any broker, his agents or employees. Said broker shall be bound under said bond to faithfully perform all of his duties as such broker so far as public citizens are concerned. Licenses. Bond. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953.

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GROUP LIFE INSURANCELIMIT ON TERM INSURANCE. No. 694 (Senate Bill No. 170). An Act to establish limits on the amount of term insurance which may be issued under group life insurance policies delivered in this State. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section 1. On or after the effective date of this Act, no policy of group life insurance may be delivered in this State to an employer, or to a labor union, or to the trustees of a fund established in whole or in part by an employer or a labor union, which provides term insurance on any person which together with any other term insurance under any group life insurance policy or policies issued to the employer or employers of such person or to a labor union or labor unions of which such person is a member or to the trustees of a fund or funds established in whole or in part by such employer or employers or such labor union or labor unions, exceeds $20,000, unless 150% of the annual compensation of such person from his employer or employers exceeds $20,000, in which event all such term insurance shall not exceed $40,000 or 150% of such annual compensation, whichever is the lesser, except that a group policy which is issued by the same or another carrier to replace another group policy may provide term insurance not to exceed the amounts provided by the policy which it replaces, or the amounts provided above, whichever are greater. Limit on term insurance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall take effect thirty (30) days after its approval. Approved December 17, 1953.

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MINIMUM FOUNDATION ACT AMENDED. No. 695 (House Bill No. 1034). An Act to amend an Act approved February 25, 1949, and known as the Minimum Foundation Program of Education Act (Ga. Laws, 1949, pp. 1406 et seq.), and particularly Section 13 of said Act, so as to provide that in the calculation of the local financial ability the State school tax digest for the year 1952 shall be the maximum amount hereafter employed in such calculation; 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 Section 13 of the Minimum Foundation Program of Education Act approved February 25, 1949 (Ga. Laws, 1949, pp. 1406 et. seq.), be and the same is hereby amended by adding at the end of Paragraph (b) of said section, the following: Provided, however, the State school tax digest employed in this calculation shall not hereafter exceed the State school tax digest for the year 1952. so that said Paragraph (b) of Section 13 of said Act, when amended shall read as follows: Sec. 13, Act of 1949, amended. (b) Calculate the return of a seven-mill tax levy on the State school tax digest. The State school tax digest shall be composed of the actual tax digests upon which the several county and independent school systems and municipalities levy taxes for the local support of education; Provided, however, the State school tax digest employed in this calculation shall not hereafter exceed the State school tax digest for the year 1952. State school tax digest. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 17, 1953.

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FINES IN TRAFFIC CASESDISPOSITION OF. No. 698 (House Bill No. 791). An Act to amend an Act dfining 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, particularly by an Act approved March 3, 1953 (Ga. Laws 1953, January-February Session, p. 416), so as to provide for the procedure relating to the payment of fines into the treasury and the list which must accompany same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. 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, particularly by an Act approved March 3, 1953 (Ga. Laws 1953, January-February Session, p. 416), is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Sec. 7, Act of 1938 as amended, 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

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and the offense occurs outside of such municipality, the fine shall be paid into the county treasury. The ordinary or the person presiding over the municipal court or police court, must pay into the county treasury or municipal treasury by the fifteenth day of each month the remainder of all fines for the preceding month. Such payment must be accompanied by a list which must show thereon the name of the defendant in each case, the fine imposed in each case, the costs in each case and to whom paid, and the balance which is being paid into the treasury. The official making such payment must be given a written receipt by the person receiving the same. No officer receiving a salary will receive any fees for arresting or attending court in any case arising under this Act, but the usual fees must be assessed, and if the arresting officer is not entitled to the costs, the same must go to the county or city to which the fine is paid. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. ILLEGAL HUNTING AND FISHINGJURISDICTION OF COURT OF ORDINARY IN CERTAIN COUNTIES. No. 699 (House Bill No. 732). An Act to provide in any county of this State having a population of not less than 14,450 nor more than 14,650 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:

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Section 1. In any county of this State having a population of not less than 14,450 nor more than 14,650 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. Counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. PIEDMONT JUDICIAL CIRCUITTERMS. No. 700 (House Bill No. 987). An Act to amend an Act approved August 8, 1923 (Ga. Laws 1923, p. 76) creating the Piedmont Judicial Circuit, as amended by an Act approved March 15, 1935 (Ga. Laws 1935, p. 311) by an Act approved March 28, 1935 (Ga. Laws 1935, p. 312) by an Act approved March 27, 1941 (Ga. Laws 1941, p. 607) by an Act approved February 20, 1945 (Ga. Laws 1945, p. 692) by an Act approved March 6, 1945 (Ga. Laws 1945, p. 877) by an Act approved February 18, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 111) so as to provide for the terms of court of the Superior Courts of the Piedmont Judicial Circuit including the Counties of Gwinnett, Barrow, Jackson and Banks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act approved March 15, 1935 (Ga.

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Laws 1935, p. 311) by an Act approved March 28, 1935 (Ga. Laws 1935, p. 312) by an Act approved March 27, 1941 (Ga. Laws 1941, p. 607) by an Act approved February 20, 1945 (Ga. Laws 1945, p. 692) by an Act approved March 6, 1945 (Ga. Laws 1945, p. 877), by an Act approved February 18, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 111), is hereby amended by striking Section 5 thereof in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. The courts of the counties of the Piedmont Judicial Circuit shall be held as follows: Gwinnett County on the first Mondays in March, June and December, and the second Monday in September; Barrow County on the third and fourth Mondays in February and August, and on the first Mondays in May and November; Jackson County on the first Mondays in February and August; Banks County on the third Monday in March and the second Monday in November. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. STATE BOARD OF PARDONS AND PAROLES. ACT AMENDED. No. 701 (House Bill No. 959). An Act to amend an Act approved February 5, 1943 (Ga. Laws 1943, p. 185) known as an Act to create the State Board of Pardons and Paroles and provide for its personnel, powers and duties; to provide that all information, all books, all documents and all records of the State Board of Pardons and Paroles shall be classified as confidential State secrets; to provide for penalty for those who divulge State secrets; to announce the policy of the legislature with regard to the State Board

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of Pardons and Paroles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act approved February 5, 1943 (Ga. Laws 1943, p. 185) known as an Act to create the State Board of Pardons and Paroles and provide for its personnel, powers and duties, is hereby amended by striking Section 33 in its entirety and substituting in lieu thereof a new section to be known as Section 33 and to read as follows: Sec. 33, Act of 1943, amended. Section 33. (a) All information both oral and written received by the State Board of Pardons and Paroles in the performance of their duties under this Act and all records, papers and documents coming into their possession by reason of the performance of their duties under this Act shall be classified as confidential State secrets until declassified by a resolution of the board passed at a duly constituted session of the board. Confidential information. (b) No person shall divulge or cause to be divulged in any manner any confidential State secret. Any person violating the provisions of this section or any person who causes or procures a violation of this section or conspires to violate this section shall be guilty of a misdemeanor and punished as for a misdemeanor. Violations. (c) All hearings required by this Act to be held shall be public, and the transcript thereof exempt from Subsection (a) above. All records and documents which were public records at the time they were received by the State Board of Pardons and Paroles are exempt from Subsection (a) above. All information, reports, and documents heretofore required by law to be made available to the General Assembly, the Governor, or the State Auditor, are exempt from Subsection (a) above. Hearings, records. Section 2. Said Act is further amended by adding a

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new section to be known as Section 34 and to read as follows: Section 34. Legislative policy . In recognition of the doctrine contained in the Constitution of this State requiring the three branches of government to be separate, it is hereby declared the policy of the General Assembly that the duties and powers and functions of the State Board of Pardons and Paroles are executive in character and in the performance of their duties under this Act, no other body is authorized to usurp or substitute their functions for the functions herein imposed upon the State Board of Pardons and Paroles. Legislative policy. Section 3. Said Act is further amended by adding a new section to be known as Section 35 and to read as follows: Section 35. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. FEMALE WITNESSES IN CIVIL CASES. No. 703 (House Bill No. 303). An Act requiring the attendance in person of female witnesses in civil cases pending in the courts of this State under the same conditions and under the same requirements that apply to male witnesses; and for 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. Hereafter female witnesses in civil cases pending in the courts of this State shall be required to

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attend in person under the same conditions and requirements that apply to male witnesses. Female witnesses. Section 2. All laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved December 17, 1953. RAILROAD CORPORATIONSDISSOLUTION. No. 705 (House Bill No. 660). An Act to provide for the dissolution by the Secretary of State of railroad corporations organized under the laws of this State and chartered by the Secretary of State; and to provide for a method of accomplishment of such dissolution; and to provide for the continued existence of such corporations after dissolution for the purpose of winding up the affairs; and to provide that after dissolution the directors shall be trustees of the assets; and to provide for the manner of distribution of assets; and to provide for the appointment of receivers for dissolved railroad corporations in certain described instances; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. A railroad corporation organized under the laws of this State and chartered by the Secretary of State which has surrendered its franchises to the State in accordance with the provisions of Sections 94-324 through 94-327, inclusive, of the Code of Georgia or which has sold its property, rights, and franchises to another corporation in accordance with the provisions of Section 94-328 of the Code of Georgia, and which has satisfied all its outstanding debts and obligations, or has arranged for all its outstanding debts and obligations to be assumed by the transferee of its property, rights, and franchises may be dissolved in the following manner.

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Section 2. If it should be deemed desirable in the judgment of the board of directors or for the benefit of the corporation that it be dissolved, the board of directors may adopt a resolution to that effect and call a meeting of the stockholders having voting powers on a proposal to dissolve and take action upon the resolution so adopted. Such meeting of the stockholders shall be held upon notice given in the manner provided for notice of organization meetings of railroad corporations, or upon written waiver of notice, and if at such meeting or any adjournment thereof the holders of record of two-thirds of all the stock entitled to vote thereon shall determine that the dissolution shall take place, a petition for dissolution shall be filed in triplicate with the Secretary of State. Petition for dissolution. Section 3. The petition for dissolution shall include the name of the corporation; the date upon which its charter was granted; a statement that it no longer is possessed of any franchises to operate in this or any other State; a statement that all of its debts, liabilities, and obligations have been satisfied or that such debts, liabilities, and obligations have been assumed by the transferee of its property, rights, and franchises; and a statement that the transfer or surrender of its franchises has been completed in accordance with as order of the Public Service Commission of the State of Georgia. A copy of the stockholders' resolution recommending dissolution shall be certified by the secretary of the corporation and attached to the said petition, and the said petition shall be verified by the president and treasurer of the corporation. On filing such application, the corporation shall pay to the Secretary of State a fee of $25.00 to be covered by him into the State treasury. Requirements. Section 4. When the said petition is filed, the Secretary of State shall certify one of the copies thereof and deliver the same to the corporation, which shall cause the said certified copy to be published in the newspaper in which sheriff's advertisements, in the county in which the corporation has its principal office, are published, once a week for four (4) weeks. Publication.

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Section 5. Immediately upon the filing of the petition for dissolution, the Secretary of State shall transmit one copy thereof to the Public Service Commission of the State of Georgia for investigation. Section 6. Upon receipt of the said copy of the petition for dissolution the Public Service Commission shall immediately investigate or cause an investigation to be made, and shall satisfy itself that the surrender of the charter and the dissolution of the corporation may be allowed without injustice to any stockholder or to any person or corporation having any claim or demand of any character against the said corporation, and that creditors are paid or properly provided for, and that the surrender of the charter and franchises has been authorized by proper corporate action, and that all requirements of law have been complied with. Within thirty (30) days after the copy of the petition for dissolution shall have been filed with the Public Service Commission, it shall issue under the commission's hand and official seal a certificate either approving the application or disapproving the application, depending upon the results of the investigation, and shall transmit a copy of the same to the Secretary of State, who shall enter the same of record in his office. The Public Service Commission shall also keep of file a duplicate of the said certificate in its own office. In the event that the Public Service Commission should not approve the said application, no order shall be granted by the Secretary of State dissolving the corporation or authorizing the surrender of its charter. Investigation by Public Service Commission. Section 7. When the copy of the petition for dissolution shall have been published as required by law, the corporation may apply to the ordinary of the county in which its principal office is situated to certify the fact of such publication, and the ordinary shall certify the fact, which certificate shall be filed by the corporation in the office of the Secretary of State. Certificate of publication. Section 8. When the certificate of the ordinary to the fact of publication shall be filed with the Secretary of State and when the certificate of the Public Service Commission

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approving the application shall likewise be filed with the Secretary of State, the Secretary of State shall pass an order under the seal of the State accepting the surrender of the charter and franchises and dissolving the corporation, and the Secretary of State shall record the petition, the certificate of approval of the Public Service Commission, the certificate of the ordinary as to the publication, and an order accepting the surrender of the charter and franchises and dissolving the corporation in the order named. Order of dissolution. Section 9. After the order of dissolution shall have been issued and after all fees for filing and certificates shall have been paid, the corporation shall be dissolved and shall have no further existence, except as hereinafter provided. Effect. Section 10. The provisions of Sections 22-1874 through 22-1879, inclusive, of the Code of Georgia shall be applied to railroad corporations dissolved under this Act. Section 11. If any portion of this Act should be declared invalid, the remainder shall still be valid and of full force and effect. Section 12. All laws and parts of laws in conflict herewith are repealed. Approved December 17, 1953. PUTNAM SUPERIOR COURTTERMS. No. 706 (House Bill No. 878). An Act to provide for the terms of the Superior Court of Putnam County; to provide for grand juries; 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 as follows: Section 1. Effective January 1, 1954, the terms of the Superior Court of Putnam County shall be on the third Monday in each of the months of March, June, September, and December. Section 2. The judge of said court shall only draw a grand jury for the March and September terms of said court; provided, however, that he may, in his discretion, draw a grand jury for either of the other two terms. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953. BRANTLEY COUNTYTAX FOR PROMOTION OF INDUSTRIES AND AGRICULTURE. Proposed Amendment to the constitution. No. 131 (House Resolution No. 261-843g). A Resolution. Proposing to the qualified voters an amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, authorizing Brantley 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 and the development of agriculture in Brantley 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

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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: Art. VII, Sec. IV, Pur. I. Provided, however, that Brantley 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 and the development of agriculture in Brantley 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 Brantley County may levy a tax not to exceed one mill for the purpose of creating a fund to

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be used in assisting, promoting and encouraging the location of new industries and the development of agriculture in Brantley County. Against ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution so as to provide that Brantley 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 and the development of agriculture in Brantley 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 aginst 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. LINCOLN COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 132 (House Resolution No. 286-916a). A Resolution. Proposing to the qualified voters an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Lincoln County by the people; to provide for the procedure connected therewith; to provide for the submission of this amendment

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for ratification or rejection; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VIII, Section V, Paragraph I, of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following: Art. VIII, Sec. V. Par. I. The County Board of Education of Lincoln County shall be composed of five members, who shall be elected by the people of said county. Not less than five nor more than ten days after the date of the ratification of this amendment, the Oridnary of Lincoln County shall issue a call for an election for the purpose of electing the members of the county board of education. The date of such election shall be fixed to be held on a date not less than twenty nor more than thirty days from the date of the call thereof. The date and purpose of such election shall be published in the official organ of Lincoln County once a week for two weeks immediately preceding the date of the election. The five persons receiving the highest number of votes at said election shall take office January 1, 1955, and their terms shall expire December 31, 1956. Their successors and all future successors shall be elected in the year in which their terms of office expire at the same time that county officers of Lincoln County are elected, and they shall take office on the first day of January following their election. The term of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said board, the remaining members shall elect a person to fill the unexpired term. 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

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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 the Constitution so as to provide for the election of the members of the Board of Education of Lincoln County by the people. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Lincoln County by the people. 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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RABUN COUNTYTAX FOR PROMOTION OF INDUSTRIES. Proposed Amendment to the Constitution. No. 134 (House Resolution No. 252-791a). A Resolution. Proposing to the qualified voters of Rabun County an amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, authorizing Rabun 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 Rabun County, and in encouraging tourist trade; directing the ordinary of the county to select a board of citizens from the county to sit with him and advise him 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: Art. VII, Sec. IV, Par. I. Provided, however, that Rabun 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 Rabun County, and in assisting, promoting and encouraging the tourist trade in said county. The ordinary of said county shall select a committee of five citizens of the county to sit with him and advise him in the handling

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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 VIII, Section IV, Paragraph I, of the Constitution so as to provide that Rabun 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, and in assisting, promoting and encouraging the tourist trade, in Rabun County. Against ratification of amendment to Article VIII, Section IV, Paragraph I, of the Constitution so as to provide that Rabun 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, and in assisting, promoting and encouraging the tourist trade, in Rabun 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. STEWART COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 135 (House Resolution No. 315-1001f). A Resolution. Proposing to the qualified voters an amendment to Article VIII of the Constitution, relating to education, so as to provide the procedure for consolidation of schools in Stewart County; 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 VIII of the Constitution, relating to education, is hereby amended by adding at the end thereof the following: The Board of Education of Stewart County shall have the right, if in its opinion the welfare of the schools of the county and the best interest of the pupils require, and if the provisions of this section are followed, to consolidate two or more schools into one school to be located by said board at a place convenient to the pupils attending the same, the school house to be located as near the center of the district or districts as possible. No consolidation shall become effective

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however, until voted upon favorably by a majority of the voters voting in an election to be held for that purpose under the procedure as hereinafter provided. When a consolidation is decided upon, it shall be the duty of the board to give notice to the ordinary of the county on intention of such consolidation, with the names and locations of the affected schools. It shall then be the duty of the ordinary within ten days of such notice by the board, to issue the call of an election to be held not less than fifteen nor more than thirty days from the date of such call. The date of such election and the purpose thereof, including the names of the schools affected, shall be published in the official organ of the county once a week for two weeks immediately preceding the date of the election. Only those persons living in the attendance area of the affected schools, and who are qualified to vote for members of the General Assembly of Georgia, shall be eligible to vote in this election. The votes in each area shall be counted separately and a majority of those persons voting in every affected attendance area must vote in favor of consolidation before it shall become effective. If a majority of those persons voting in one or more affected attendance areas vote against consolidation, it shall not be effective, and no consolidation of any of the schools involved may be effected within a period of one year from the date of the election. It shall be the duty of the ordinary to canvass the ballots and certify the results of the election. It shall be the further duty of the ordinary to certify such results to the State Board of Education and to the Secretary of State. The expense of the election shall be borne by the county. Provided, that no election for the purpose of consolidating a particular school district or districts shall be held more than once every twelve months. 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

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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 Constitution, so as to provide the procedure for the consolidation of schools in Stewart County. Against ratification of amendment to Constitution, so as to provide the procedure for the consolidation of schools in Stewart 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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MARCH OF DIMES. No. 136 (House Resolution No. 338). A Resolution. Whereas, the National Foundation for Infantile Paralysis is nearing the achievement of its greatest objective, the provision of a safe and certain vaccine against polio, and Whereas, for the completion of this program and for its normal objectives of caring for and rehabilitating those who have been victims of poliomyelitis, the National Foundation will conduct its annual campaign, the March of Dimes, in January, Resolved that the House of Representatives and the Senate of Georgia do approve of the objective of this appeal, and urge the citizens of our State to contribute to its support and to fulfill their share of the effort on its behalf. Approved December 17, 1953. CLAYTON COUNTYWATERWORKS AND SEWERAGE BONDS. Proposed Amendment to the Constitution. No. 146 (House Resolution No. 288-916c). A Resolution. Proposing to the qualified voters an amendment to Article VII, Section VII, Paragraph I, of the Constitution, relating to the debt limitation of counties, so as to authorize Clayton County to incur an additional indebtedness and issue bonds for the purpose of establishing and maintaining a system of waterworks and sewerage

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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 VII, Paragraph I, of the Constitution, relating to the debt limitation of counties, is hereby amended by adding at the end thereof the following: Anything in this Constitution to the contrary notwithstanding, Clayton County, Georgia, is hereby authorized to acquire, construct, maintain and operate a system of waterworks and sewerage in said county, and to accomplish the foregoing is hereby authorized to create indebtednesses and evidence same by the issuance of its direct obligation bonds, but the amount of such bonds outstanding at any one time shall not exceed seven percent (7%) of the assessed value of all taxable property in said county subject to taxation for bond purposes in addition to the seven percent (7%) limitation now imposed by this Constitution. The governing authority of said county is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates, the interest rates, the date of issue and other details incident to the issuance and sale of said bonds. The issuance or non-issuance of said bonds shall be submitted to the registered, qualified voters of the county for their determination in the same manner and under the same provisions as contained in this Constitution. If any such bonds are so authorized pursuant to said election, the governing authority of said county shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and interest on said bonds as same mature. 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

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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 Constitution, so as to authorize Clayton County to incur debt not to exceed seven percent of the assessed value of taxable property therein, in addition to the seven percent limitation now imposed by the Constitution, by the issuance of bonds for the establishment of a system of waterworks and sewerage. Against ratification of amendment to Constitution, so as to authorize Clayton County to incur debt not to exceed seven percent of the assessed value of taxable property therein, in addition to the seven percent limitation now imposed by the Constitution, by the issuance of bonds for the establishment of a system of waterworks and sewerage. 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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EXCHANGE OF LAND IN HARRIS COUNTY AUTHORIZED. No. 152 (House Resolution No. 293-916h). A Resolution. Authorizing the Governor to negotiate with the proper parties for the swapping of land owned by the State in Land Lot 13 in the 2nd District of Harris County for all of the land contained in Land Lot 18 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 13 in the 2nd District of Harris County, Georgia; and Whereas, Mrs. J. B. Peavy owns all of the land contained in Land Lot 18 in the 2nd Land District of Harris County, Georgia; and Whereas, said land owned by Mrs. J. B. Peavy is necessary for the proper development of present State park property; and Whereas, it is to the best interest to the State to swap or exchange all of the lands contained in said Land Lot 13 now owned by the State for all of the land contained in said Land Lot 18 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 13 of the 2nd District of Harris County, Georgia owned by the State of Georgia for all of the land contained

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in Land Lot 18 in the 2nd District of Harris County, Georgia owned by Mrs. J. B. Peavy, upon the basis of an even swap, dollar for dollar value, or 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 December 17, 1953. CHEROKEE COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 153 (Senate Resolution No. 85). A Resolution. Proposing to the qualified voters of Cherokee County an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system; to create a board of education having authority to operate said school system; to provide for the members of said board; 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 certain new paragraphs to read as follows: Art. VIII, Sec. V, Par. I. That the existing independent school system of the

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City of Canton and the existing school system in the County of Cherokee outside the corporate limits of said city, are hereby merged into one school system, co-extensive with the limits of Cherokee County, and the said existing independent school system of the City of Canton and the school system of Cherokee County outside the corporate limits of said City of Canton are hereby abolished. Said merged school districts shall constitute a new school system and districts, and shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Canton and the County of Cherokee, and shall be known as the Cherokee County School System. The school system so created is authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor. The said Cherokee County School System is hereby vested with the power to conduct a system of public education throughout the limits of Cherokee County and with all powers and authorities granted to public school systems and districts by the Constitution and laws of the State of Georgia. The administration of said Cherokee County School System shall be vested in a board, to be known as the Cherokee County Board of Education. Said board shall have the power to employ and fix the salaries of any and all personnel necessary to effectuate the purposes of this amendment, except the County School Superintendent. Said board shall consist of seven members, three of whom shall reside within the Canton Militia District and four of whom shall reside in that portion of Cherokee County lying outside the Canton Militia District in the school districts as hereinafter provided. For the purposes of electing the members of the

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Board of Education, Cherokee County is hereby divided into five (5) districts, as follows: (1) The Canton District, comprising the Canton Militia District; (2) The North Section, comprising the Clayton, Ball Ground, and Conns Creek Militia Districts; (3) The East Section, comprising the Cross Roads, Little River, Mullins, and Hickory Flat Militia Districts; (4) The South Section, comprising the Woodstock, Wildcat, Lickskillet, Bells, and Sixes Militia Districts; and (5) The West Section, comprising the Salacoa, Harbins, and Fair Play Militia Districts. Thereafter, the boundaries of each district shall be changed by the General Assembly of Georgia. No person shall be elected to said board who does not reside within the district which such person is to represent. The grand jury of Cherokee County shall select from the citizens of the respective districts seven freeholders who shall constitute the Cherokee County Board of Education. Said members shall be elected for a term of seven years, except that the first election of board members under this provision shall be for such terms that will provide for the expiration of the term each year of one member of the Cherokee County Board of Education. The last grand jury to convene in each year shall make appointments for members of the board of education as hereinbefore provided, but in the event such grand jury fails to make an appointment, or in case of a vacancy on said board by death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot

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elect a successor who shall hold office until the next grand jury convenes, at which time said grand jury shall appoint the successor member of the board for the unexpired term. With respect to the unitial operations of the school system herein created, the County Board of Education of Cherokee County, as provided for before this amendment becomes a part of this Constitution, shall exercise all powers necessary in order to effectuate the purposes of this amendment until the next grand jury convenes, at which time said grand jury shall select the seven members of the Cherokee County Board of Education herein created. The General Assembly is authorized to pass such laws and legislation as may be necessary to the operation, conduct and control of said Cherokee County school system and its fiscal affairs, including the right and authority to create indebtedness not in conflict with the Constitution of Georgia, and to enable said Cherokee County school system to contract, and be contracted with, and to do any and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Cherokee County, and to effectuate the purposes of this amendment. The General Assembly may authorize the City of Canton and the County of Cherokee to appropriate money from the general funds to the Cherokee County Board of Education for educational purposes, and may grant unto said board of education all the powers of eminent domain, with all the remedies to execute such powers provided by any other laws of Georgia. The property of the Independent School System of the City of Canton and the property of the existing school system in the County of Cherokee outside the corporate limits of said city shall become the property of the Cherokee County School System as of the effective date of this amendment.

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The specification of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers granted herein 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 Cherokee County. 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 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 merger of the independent school system of Canton and the existing school system of the County of Cherokee. Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the merger of the independent school system of Canton and the existing school system of the County of Cherokee. 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. CHATHAM COUNTYSCHOOL TAX. Proposed Amendment to the Constitution. No. 154 (House Resolution No. 312-1001c). A Resolution. Proposing to the qualified voters of Chatham County an amendment to that portion of Paragraph IV, Section I of Article VII of the Constitution of the State of Georgia which relates to exemption from ad valorem taxation for State, county and school purposes, the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead to the extent of $2,000 of its value, by adding at the end of said constitutional provision a provision to read as follows: Provided, however, that such homestead property in Chatham County shall not be exempt from taxation for school purposes; and to provide for the submission of this amendment for ratification or rejection by the qualified voters of Chatham County. Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same: Section 1. Upon approval of this resolution by the qualified voters of the County of Chatham in the manner hereinafter provided, that portion of Paragraph IV, Section I of Article VII of the Constitution of the State of Georgia which relates to the exemption from

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ad valorem taxation for State, county and school purposes, the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead to the extent of $2,000.00 of its value, shall be and it is hereby amended by adding at the end of said constitutional provision a provision to read as follows: Provided, however, that such homestead property in Chatham County shall not be exempt from taxation for school purposes. Art. VII, Sec. I, Par. IV. Section 2. Be it further enacted by the authority aforesaid that, when said amendment shall be agreed to by the requisite two thirds of the members elected to each of the two houses of the General Assembly, said amendment shall be entered on their journals with the ayes and nays thereon and shall be published by the Governor in one newspaper in the County of Chatham for two months previous to the time for holding the next general election at which proposed amendments to the Constitution of this State may be voted on and shall at said general election be submitted to the qualified voters of the County of Chatham for ratification or rejection. At said election the ballots shall have printed thereon For amendment of the Constitution so that homestead property in Chatham County shall not be exempt from taxation for school purposes and Against amendment of the Constitution so that homestead property in Chatham County shall not be exempt from taxation for school purposes. If a majority of the electors qualified to vote for members of the General Assembly who vote thereon vote for ratification of this proposed amendment, the same shall become a part of the Constitution and the Governor shall make a proclamation therefor as provided by law. Section 3. A copy of the notice of intention to introduce this resolution in the General Assembly and an affidavit showing the publication of this notice are attached hereto and made a part of this resolution.

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Section 4. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia. Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Esther Zittrauer who on oath deposes and says that she 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 is hereby given of an intention to apply to the session of the General Assembly of the State of Georgia, which begins November, 1953, for the passage of a resolution to be entitled: `Proposing to the qualified voters of Chatham County an amendment to that portion of Paragraph IV, Section I of Article VII of the Constitution of the State of Georgia, which relates to exemption from ad valorem taxation for State, county and school purposes, the homestead of each resident of Georgia actually occupied by the owner as a residence and homestead to the extent of $2,000 of its value, by adding at the end of said constitutional provision a provision to read as follows: Provided, however, that such homestead property in Chatham County shall not be exempt from taxation for school purposes; and to provide for the submission of this amendment for ratification or rejection by the qualified voters of Chatham County.' C. S. Sanford, President of the Board of Public 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 Nov. 4-11-18-1953. /s/ Esther Zittrauer.

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Sworn to and subscribed before me this 18th day of November, 1953. /s/ Flournoy J. Mulling Notary Public, Chatham County, Ga. Notarial seal affixed. LAURENS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 155 (House Resolution No. 246-790e). A Resolution. Proposing to the qualified voters of Laurens County an amendment to Article VIII, Section V, Paragraph I of the Constitution, relating to the county system of public schools by providing that in the County of Laurens the grand jury shall select two members of the Board of Education from the east side of the Oconee River and three members thereof from the west side of said river; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to the county system of public schools is hereby amended by adding thereto the following proviso: Provided, however, in the County of Laurens, the grand jury shall select two members of the Laurens Board of Education from the east side of the Oconee River, and three members thereof from the west side of said river. Art. VIII, Sec. V, Par. I. 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 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 providing that in Laurens County the grand jury shall select two members of the county board of education from the east side of the Oconee River and three members thereof from the west side of said river. Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing that in Laurens County the grand jury shall select two members of the county board of education from the east side of the Oconee River and three members thereof from the west side of said river. 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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GRANTS FOR EDUCATION. Proposed Amendment to the Constitution. No. 156 (House Resolution No. 225-743k). A Resolution. Proposing to the people, for ratification or rejection, an amendment to Article VIII of the Constitution of the State of Georgia, adding a new section relating to education. Be it resolved by the General Assembly of Georgia: Section 1. That Article VIII of the Constitution of Georgia be amended by adding thereto a new section, to be numbered Section XIII, as follows: Section XIII, Paragraph I, Grants for Education: Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens. Art. VIII, Sec. XIII, Par. I. Section 2. When this amendment shall have been agreed to by two thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon. The Governor shall cause the same to be published in one or more newspapers in each Congressional district for two months previous to the next general election at which members of the General Assembly are chosen, and it shall be submitted to the people for ratification or rejection at such election. Those desiring to vote in favor of ratifying the amendment shall have written or printed on their ballots: For the amendment to Article VIII of the Constitution adding a new section relating to education. Those desiring to vote against ratifying the

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amendment shall have written or printed on their ballots: Against the amendment to Article VIII of the Constitution adding a new section relating to education. If, at said election, a majority of the qualified voters voting thereon shall vote in favor of the amendment, the same shall become a part of the Constitution of Georgia, and the Governor shall make proclamation thereof upon the certification of the result of said election by the Secretary of State. Section. 3. All laws and parts of laws in conflict with this resolution are hereby repealed. LAND CONVEYANCE TO SUMTER COUNTY AUTHORIZED. No. 158 (House Resolution No. 280-881c). A Resolution. Authorizing the conveyance of certain lands to Sumter County; and for other purposes. Whereas, the State of Georgia owns a certain strip of land in Sumter County which has now become a part of the new right-of-way of the Americus Nursery Road; and Whereas, Sumter County is maintaining said road and will maintain that portion now belonging to the State which is within the new right-of-way thereof; and Whereas, it has been agreed by all parties concerned that the county should have title to said strip of land; and Whereas, said strip of land is described as follows:

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That certain strip of land situated in Sumter County, Georgia, in the 27th Land District, containing 0.29 acres, and being more particularly described as follows: Beginning at a point on the east side of U. S. Highway No. 19 and continuing therefrom to a stake, which stake is 2,520 feet east of said highway; thence north 5 feet, which direction is further identified as north 1 degree 45 minutes west; thence east along a line parallel to the old Americus Nursery Road for a distance of 421 feet to a stake located on the east line of Lot 117; thence south 5 feet; thence in a westerly direction along a line established by the State Highway Department of Georgia for a distance of 421 feet to the point of beginning. Description. This strip of land is 5 feet in width and 421 feet in length, more or less; and being the same land shown by a surveyor plat made by Kendall Wooten, Georgia Registration No. 547, as now recorded in the plat records of Sumter County, Georgia. This strip of land is further identified as that improved portion which lies north of the old right-of-way of the Americus Nursery Road and which now forms a part of the improved Americus Nursery Road; further being identified as a strip off of the south portion of Lot of Land No. 117 in the aforesaid district. Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor, acting for and on behalf of the State, is hereby authorized and directed to execute a deed conveying said land as described above to Sumter County. Approved December 17, 1953.

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COMMITTEE TO PROMOTE SCIENCE CENTER AT UNIVERSITY. No. 159 (Senate Resolution No. 99). A Resolution. Whereas, during the past century the extent of economic development of the various States has largely depended upon the extent of their facilities for developing scientific knowledge and upon the manpower needed for useful application of such knowledge, and Whereas, though the State of Georgia and this region made lengthy strides during that period and now enjoy a forward position in present national economic development, our progress during the past century was greatly delayed and hampered due to inadequacy of scientific teaching and research facilities, and Whereas, for many years a great number of the ablest young people of our State and region have moved to other sections of the country in order to get scientific training which was not available here, and after obtaining their education they remained away so that the great benefits from their lives and talents enured principally to the benefit of other regions, and Whereas, due to recent accomplishments in the field of nuclear physics it appears that the world is now on the threshhold of a great new scientific era, and Whereas, the General Assembly desires that the State of Georgia consider taking necessary and desirable steps so that (a) the State will be in a position to take a leading role in this great new scientific era, and (b) through availability of scientific facilities we will encourage the ablest young people of our State to remain here and those from other regions come here to develop and apply their lives and talents, and (c) we will attract to Georgia and this region new industries whose location depends largely on the availability

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of modern scientific training and research facilities and availability of properly trained manpower, and Whereas, it has been uggested that the first step toward the State accomplishing such objectives would be the establishment of a great center of science at the University of Georgia and having the benefit of State financial assistance. Now, therefore, be it resolved: 1. A committee is hereby established, consisting of the following members: 2 members of the State Senate and 2 members of the general public to be appointed by the President of the Senate; 2 members of the House of Representatives and 2 members of the general public to be appointed by the Speaker of the House of Representatives; 2 members of the Board of Regents to be appointed by the chairman of the Board of Regents. The chairman of the committee shall be chosen from the members of such committee by the President of the Senate and Speaker of the House. 2. This committee shall make a thorough study of the need and desirability of establishing a great science center at the University of Georgia with State financial assistance. Such committee shall make a report to the next regular session of the General Assembly of the results of such study, including specific recommendations as to the nature and extent of any such center and including a general plan and program whereby such a center might be established and put into operation. 3. This committee is authorized to do whatever it deems necessary to accomplish its purpose. Legislative members of the committee shall receive regular per diem plus actual expenses while performing such service. Approved December 17, 1953.

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PRICES OF AGRICULTURAL PRODUCTSMEMORIAL TO CONGRESS. No. 160 (House Resolution No. 326-1015h). A Resolution. To the Senators and House of Representatives, the White House and the Secretary of Agriculture: Whereas, the Congress and the President since 1933 have recognized the importance of agriculture not only as a source of food and fiber but also as a controlling factor in the national monetary economy and national income, and Whereas, through the years national legislation has been acted to sustain the monetary income of agriculture as a national policy, and Whereas, since 1934 there has been in effect a reciprocal trade act under which agreements have been entered into bringing into this country a maximum amount of agricultural products supplementary and complementary of American products, and which imports defeat the purpose of reduction of products of American farmers and thereby tend to force prices down of American farmers, and Whereas, failure to maintain the support prices and loans would result in a continually decreasing agricultural income which would have the effect of reducing the national income and bring about serious recession or depression for the entire nation, and Whereas, such decrease in farm income and national income would result in nation-wide poverty, distress and business failure, and Whereas, Georgia is among the leading agricultural States of the Union.

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Therefore, be it resolved that the House of Representatives and the Senate concurring, hereby petitions Congress to pass permanent legislation to maintain a floor of not less than 90% parity on all basic farm crops, to protect such floor prices with commodity loans of like amount and to prescribe such import duties, excise taxes, or quotas on competitive imports as may be needed to maintain these price levels and our national income and to equalize the differential between the dollar value of our production and that of foreign countries. Be it resolved that a copy of this resolution be mailed to the President of the United States, Secretary of Agriculture, and to each United States Senator and Congressman. Approved December 17, 1953. GWINNETT COUNTYWATER, SANITATION, SEWERAGE AND FIRE PROTECTION AUTHORITY. Proposed Amendment to the Constitution. No. 161 (House Resolution No. 320-1015b). A Resolution. Proposing to the qualified voters of Gwinnett County, Georgia (under the provisions of Article 13, Section 1, Paragraph 1, as amended), an amendment to Article XI, Section 1 of the Constitution of the State of Georgia, so as to provide that the governing authority of Gwinnett County, may establish a water, sanitation, sewerage and fire protection district in Gwinnett County; may administer water, sanitation sewerage and fire protection systems in said district; levy taxes, issue bonds and revenue certificates to operate, maintain and administer such district and systems; provide

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what property shall be taxed for such purposes; to provide for the appointment of a water district authority for said county, and fix the power and authority thereof; to fix the terms of office, the salaries, powers and duties of the members thereof; to provide a method for submission of this amendment to said voters for ratification; 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 XI, Section 1 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: Art, XI, Sec. I. The governing authority of the County of Gwinnett is hereby given the authority and power to establish a water, sanitation, sewerage and fire protection district, comprising all the territory in Gwinnett County, and to establish and administer water, sanitation, sewerage and fire protection systems therein; to levy taxes or assessments on all property in said county therefor. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of Gwinnett County. Any other provision of this Constitution to the contrary, notwithstanding, such district may issue bonds in an amount up to ten (10%) percent of the assessed valuation of property located therein subject to taxation for bond purposes and any such bonds issued by said district shall not affect the amount of bonds Gwinnett County may issue under Article VII, Section VII Paragraph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for the operation and maintenance of the systems, or for debt service. Provided further, the planning, construction and establishing of

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such systems may be financed in whole or in part by the issuance of revenue certificates. The governing authority of said County of Gwinnett may appoint a water distict authority, composed of three members, all residents of said county, and delegate to said authority the power and authority to establish and administer water, sanitation, sewerage and fire protection systems for said county; to make necessary plans and surveys for said purpose; to hire necessary employees; to make recommendations to the county authority for the levy of taxes and the issuance of bonds and revenue certificates for the construction and maintenance of such systems; to enter into contracts with private persons, firms, partnerships, corporations and with municipal corporations. The original members of said authority shall be appointed as aforesaid, one for a term of two years, one for a term of three years and one for a term of four years, and the successors of the original three members shall each be appointed for a term of four years. In case of a vacancy, the county commissioners shall appoint a member for the unexpired term. The salaries of the members of said authority shall be fixed by the county commissioners of said county. 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, 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

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shall have written or printed thereon the following: For ratification of the amendment to Article XI, Section I, providing for a water, sanitation, sewerage and fire protection systems for Gwinnett County, and Against ratification of the amendment to Article XI, Section I, providing for a water, sanitation, sewerage and fire protection systems for Gwinnett 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 SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 162 (House Resolution No. 304-957c). 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 that the Board of Education of Coffee County, or any person or board who may hereafter be charged by law with the duties and powers of such board, shall be authorized and empowered to reorganize the schools within its jurisdiction and to determine and fix the number of grades to be taught

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at each school in its system; 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 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: Art. VIII, Sec. V, Par. I. The Board of Education of Coffee County, or any person or board who may hereafter be charged by law with the duties and powers of such board, shall be authorized and empowered, if, in its opinion, the welfare of the schools of the county and the best interests of the pupils require, to reorganize the schools within its jurisdiction and to determine and fix the number of grades to be taught at each school in its system. 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 V, Paragraph I of the Constitution of Georgia, so as to provide that the Board of Education of Coffee County shall be authorized to reorganize the schools within its jurisdiction and to fix the number of

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grades to be taught at each school. and, Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide that the Board of Education of Coffee County shall be authorized to reorganize the schools within its jurisdiction and to fix the number of grades to be taught at each school. 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. COUNTY EDUCATION TAXES. Proposed Amendment to the Constitution. No. 163 (House Resolution No. 229-743o). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section XII, Paragraph 1, of the Constitution, relating to taxation by counties for education, so as to provide for a procedure by which a county may remove or increase the limitation of the tax levy for education; to provide for the submission of this amendment to the voters for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VIII, Section XII, Paragraph 1, of the Constitution, relating to taxation by counties for education, is hereby amended by adding a new paragraph to read as follows: The fifteen mill limitation provided in this paragraph may be removed or increased in a county under the procedure set out hereinafter. The county board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary it shall be his duty, within ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county and the county board of education may recommend any number of mills not less than five for the purposes set out above. In lieu of recommending that the limitation be removed entirely, the board may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the board may recommend up to the specified amount. It shall be the duty of the ordinary to hold the election, to canvass the returns and declare the results. It shall also be his duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county., so that when so amended said Paragraph 1 shall read as follows:

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Paragraph 1. Taxation by counties for education . The fiscal authority of the several counties shall levy a tax for the support and maintenance of education not less than five mills nor greater than fifteen mills (as recommended by the county board of education) upon the dollar of all taxable property in the county located outside independent school systems. The independent school system of Chatham County and the City of Savannah, being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. Art, VIII, Sec. XII, Par. I. The fifteen mill limitation provided in this paragraph may be removed or increased in a county under the procedure set out hereinafter. The county board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary it shall be his duty, within ten days of the receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. He shall set the election to be held on a date not less than twenty nor more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county and the county board of education may recommend any number of mills not less than five for the purposes set out above. In lieu of recommending that the limitation be removed entirely, the board may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the board may recommend up to the specified amout. It shall be the duty of the ordinary to hold the election, to canvass the returns and declare the results. It shall also be his duty to certify

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the results to the Secretary of State. The expense of the election shall be borne by the county. 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, 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 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 the Constitution so as to provide for a procedure by which a county may remove or increase the limitation of the tax levy for education. Against ratification of amendment to the Constitution so as to provide for a procedure by which a county may remove or increase the limitation of the tax levy for 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 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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MACON-BIBB COUNTY BOARD OF HEALTH. Proposed Amendment to the Constitution. No. 164 (House Resolution No. 258-843d). A Resolution. Proposing to the qualified voters an amendment to Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia; to enlarge the membership of the Macon-Bibb County Board of Health; to re-state and enlarge the duties and powers of that board; to empower the governing authorities of the City of Macon and the County of Bibb to enact health, sanitation, plumbing and garbage collection and disposal regulations and other related matters; and to contract pursuant thereto for the enforcement of the same and for performing the facilities or services affected or provided thereby; to fix and collect fees for inspection services pursuant to such regulations and for enforcement of such regulations; and to provide penalties for violations of such regulations; and for other purposes. Be it resolved by the General Assembly of the State of Georgia and it is hereby resolved by authority of the same, as follows: Section 1. That Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia of 1945, as amended, be further amended by deleting therefrom the provisions proposed in Georgia Laws 1947, page 1565, and ratified by the voters on November 2, 1948, which provisions read as follows: And except that the County of Bibb and the City of Macon may regulate the health of the county and city by and through a joint board of health created and existing under and by virtue of an Act of the General Assembly of Georgia (Ga. Laws 1923, pp. 735-739) entitled `An Act to amend the charter of the City of Macon,' and an Act approved February 6th, 1873, creating a Board of County Commissioners of Bibb County, to create a

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Board of Health in and for the City of Macon and County of Bibb, defining their jurisdiction, rights, powers, and privileges, and for other purposes, and Sections 119-126, both inclusive, of an Act of the General Assembly of Georgia (Ga. Laws 1927, pp. 1283-1357) entitled `An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, and which Act and any and all Acts amendatory thereof, together with all rules and regulations promulgated thereunder, are ratified, validated and confirmed as of the respective dates of such enactments, rules and regulations; and an Act of the General Assembly of Georgia (Ga. Laws 1943, pp. 265-266) entitled `An Act amending Chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to county boards of health, by adding to said chapter a new section to be known as Section 88-207, and providing that there be excepted from the provisions of this chapter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to Acts of the General Assembly for combined county and city health departments, or county-wide health departments, whether or not such Acts refer to the provisions of this chapter or to the Act from which it is codified and providing that they be authorized to maintain and operate such health departments pursuant to said respective Acts, and upon a budget first approved by both the municipal and county taxing authorities of the cities and counties so combining and by the county taxing authorities of the counties operating a county-wide health department; providing for ratification of all such Acts heretofore

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enacted by the General Assembly; providing that such combined or county-wide health departments shall, in all other respects conform to Chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the State Department of Public Health and for other purposes, which Acts, as amended, together with all rules and regulations prescribed and promulgated pursuant to such authority are ratified, approved and confirmed as of the respective dates of their enactment and adoption. Art. XI, Sec. 1, Par. VI. Section 2. That Article XI, Section 1, Paragraph VI, of the Constitution of the State of Georgia of 1945 be further amended by adding at the end thereof the following provisions: Art. XI, Sec. I, Par. VI. Paragraph The City of Macon and Bibb County are hereby empowered to act jointly in maintaining a board of health and to provide the necessary funds therefor. Board. Paragraph There is hereby created a joint Macon-Bibb County Board of Health (hereafter referred to as the board), which shall consist of the following members (all of whom shall have full voting powers): (1) Chairman, County Board of Commissioners for the County of Bibb; (2) Mayor of the City of Macon; (3) Chairman of Finance Committee of City Council of the City of Macon, or, in the event that a committee is renamed or abolished, a member of that council selected by vote of a majority of its members; (4) Chairman of Health and Charities Committee of City Council of the City of Macon, or in the event that committee is renamed or abolished, a member of that council selected by vote of a majority of its members; (5) Superintendent, Board of Public Education and Orphanage for Bibb County; (6) A physician selected by the Bibb County Medical Society; (7) A dentist selected by the Central District Dental Society (Georgia); (8) A registered pharmacist selected by Bibb County Pharmaceutical Assn.; (9) A resident of the City of Macon selected by (but not from the membership of) the City Council

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of the City of Macon; and, (10) A resident of Bibb County residing outside the limits of the City of Macon, selected by (but not from the membership of) the County Board of Commissioners for the County of Bibb. The member appointed by the Medical Society, the member appointed by the Bibb County Pharmaceutical Assn. and the member appointed by the Dental Society shall each hold office for the term of two years from the date of appointment and until a successor is selected and qualifies. The resident of the City of Macon selected by the city council and the resident of Bibb County selected by the county board of commissioners shall hold office for a term concurrent wth that of the body appointing them and until their successors are selected and qualified. The other members of the board shall continue in office so long as they occupy the offices by virtue of which they are members of the board. All members of said board shall be a resident of Bibb County. Paragraph The board shall hold regular monthly meetings, and special meeting of the board may be called at any reasonable time by the chairman or by any three members. Any five members of the board shall constitute a quorum for the transaction of business. The act of the majority of the board members present, provided a quorum exists, shall be the act of the board. The board shall select a chairman from among its membership, and he shall serve for the term of one year and until his successor is selected and qualifies. Meetings. Paragraph The board shall have the power to (1) maintain and supervise a joint Macon-Bibb County Health Department (hereafter referred to as the department), employ a health officer, and fix the number and qualifications of assistant health officers and other persons to be employed in the department; (2) receive appropriations from the City of Macon and Bibb County and appropriations and gifts from other sources and allocate the money to the various expenses of the department; (3) fix compensation of board members, but

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the compensation shall not exceed five ($5.00) dollars per member for each meeting attended. Powers of board. Paragraph The department, under the supervision and control of the board, shall have the power to: (1) Administer and enforce in the City of Macon and in Bibb County health, sanitation, and plumbing rules and regulations enacted by authorized agencies of the United States, the State of Georgia, Bibb County, and the City of Macon; (2) Take samples of water, food, and other substances which may affect health and require persons having such substances in their possession to furnish samples; (3) Go on the premises of any person to make inspections or to capture specimen insects, rodents, or other pests whose presence may endanger health; (4) Condemn or confiscate any food, drink, or other substance which is intended for human consumption but is unfit for human consumption or endangers health; and, (5) Quarantine persons or premises to prevent the spread of contagious disease. Until superseded by regulations adopted hereunder, all rules and regulations heretofore adopted by the Macon-Bibb County Board of Health as it existed prior to the adoption of this amendment, shall continue in full force and effect. Powers of department. Paragraph The board shall annually make to the Mayor and City Council of the City of Macon and to the County Board of Commissioners for the County of Bibb full and complete reports of the work performed by the board during the previous year and the cost thereof and shall describe the work planned for the coming year and the estimated cost thereof. A report on plans for the coming year, however, shall not preclude the subsequent modification of those plans. Reports. Paragraph The City Council of the City of Macon is hereby empowered to adopt reasonable health, sanitation, plumbing, and garbage collection and disposal regulations for the the City of Macon (including regulations supplementary to or more detailed and more specific than State statutes or regulations covering the

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same subject matter and including regulations governing the issuance and revocation of permits to operate or engage in businesses or activities that may affect public health), to fix and collect fees for inspection services provided under such, regulations, to make violations of the health, sanitation, plumbing, or garbage collection and disposal regulations thus adopted criminal offenses, and to fix the penalties for violation of the regulations. Rules and regulations. Health, sanitation, plumbing and garbage collection and disposal regulations recommended by the board and adopted by the City Council of the City of Macon shall be promulgated by entrance on the minutes of the city council, by printing and making copies readily available in the office of the department, and by publication of a brief notice in a newspaper of general circulation in Bibb County announcing that regulations on specified subjects have been passed and that copies thereof are available in the office of the department. They need be given no additional publication, and personal service of such regulations on offenders shall not be a condition precedent to prosecution. Persons accused of violating such regulations shall be tried in recorder's court, and, upon conviction, may be punished as provided by the Acts of Georgia pertaining to that court. Paragraph The County Board of Commissioners of the County of Bibb are hereby empowered to adopt reasonable health, sanitation, plumbing, and garbage collection and disposal regulations (and to enter into contracts pursuant thereto for the enforcement of the same and for performing the facilities or services affected or provided thereby) for that portion of Bibb County lying outside of the corporate limits of the City of Macon (including regulations supplementary to and more detailed and more specific than State statutes or regulations covering the same subject matter and including regulations governing the issuance and revocation of permits to operate or engage in businesses or activities that may affect public health), to fix and

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collect fees for inspection services provided under such regulations, to make violation of health, sanitation, plumbing, or garbage collection and disposal regulations thus adopted criminal offenses, and to fix the penalties for violation of the regulation. Health, sanitation, plumbing and garbage collection and disposal regulations recommended by the board and adopted by the County Board of Commissioners for the County of Bibb shall be promulgated by entrance on the minutes of the commissioners, by printing and making copies readily available in the office of the department, and by publication of a brief notice in a newspaper of general circulation in Bibb County announcing that regulations on specified subjects have been passed and that copies thereof are available in the office of the department. They need be given no other publication, and personal service of such regulations on offenders shall not be a condition precedent to prosecution. Persons accused of violating such regulations shall be tried in the City Court of Macon and, upon conviction, may be punished as provided by the Acts of Georgia pertaining to that court, except that penalties and punishment shall not exceed sixty (60) days in the Bibb County jail and a fine of three hundred dollars ($300.00), either or both, each day's violation constituting a separate offense. Paragraph Except as otherwise provided in this article, the statutes of the State of Georgia affecting health, sanitation, plumbing, and garbage collection and disposal regulations of the Board of Health of the State of Georgia, as those statutes and regulations shall exist at any particular time through amendments or new enactments, shall retain force and effect in Macon and Bibb County, and the Macon-Bibb County Board of Health is charged with enforcing them. Paragraph Nothing contained in this amendment is to be construed to limit the powers of the City Council of the City of Macon or of the County Board of Commissioners for the County of Bibb as they now or may hereafter exist. The powers given those two agencies

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by this amendment are intended to be in addition to the other powers they now have or may hereafter be given. Section 3. That when this amendment shall have been agreed to by the requisite two thirds of the members of each House of the General Assembly, with the ayes and nays entered thereon, it shall be published as required by law and submitted to the qualified voters for ratification or rejection at the next general election at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, For ratification of the amendment to Article XI, Section 1, Paragraph VI of the Constitution of the State of Georgia of 1945, enlarging the membership of the Macon-Bibb County Health Board, re-stating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations, and covering other related matters, and the words, Against ratification of the amendment to Article XI, Section 1, Paragraph VI of the Constitution of the State of Georgia of 1945, enlarging the membership of the Macon-Bibb County Health Board, re-stating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations, and covering other related matters. 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 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. Georgia. Fulton County. Before me, the undersigned officer duly authorized

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to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953. /s/ Andrew W. McKenna /s/ John B. Harris, Jr. /s/ Denmark Groover, Jr. Sworn to and subscribed before me this the 19 day of November 1953. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Seal affixed. Public Notice. Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows: (1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, page 1371, and as amended) preserving, however, the vested rights of employees in such pension laws; (2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social

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Security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits; (3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith; (4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a non-resident of Bibb County to authorize payment in the discretion of the county commissioners, of expense actually incurred by such person in so presiding; (5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators; (6) A Constitutional amendment to authorize the General Assembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions. (7) A Constitutional amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and

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methods for enforcement and punishment for violators; (8) A Constitutional amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them. Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb. WAYCROSS AND WARE COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 165 (House Resolution No. 237-743w). A Resolution. Proposing to the qualified voters an amendment to Article V of the Constitution of the State of Georgia by adding, at the end thereof a new section and paragraph, creating the Waycross and Ware County Development Authority as a constitutional authority and public corporation, providing for the appointment, eligibility and tenure of members and officers and conferring on the General Assembly the authority to prescribe by law additional powers and duties for said

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authority; providing for the submission of this amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of the State of Georgia as follows: Section 1. That Article V of the Constitution of the State of Georgia is hereby amended by adding to the end thereof a new section and paragraph to be known as Section VIII, Paragraph I, which shall read as follows, to wit: Art. V, Sec. VIII, Par. I. Article V, Section VIII, Paragraph I. There is hereby created a body corporate and politic to be known as the `Waycross and Ware County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Ware County and the corporate limits of the City of Waycross. The County of Ware and the City of Waycross may contract with the Authority as a public corporation as provided by the Constitution of Georgia. The Authority shall consist of eight members who shall have such control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Ware and the City of Waycross. Members of the Authority shall be residents of Ware County within or without the corporate limits of the City of Waycross. The first appointments shall be for terms of one, two, three and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of members of the Authority. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority.

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All lands and improvements thereon the title to which is vested in the Authority, and all debentures and revenue-anticipation certificates issued by the Authority, shall be exempt from State and local taxation. Said Authority is created for the purpose of developing and promoting for the public good and general welfare industry, agriculture, commerce, natural resources, and vocational training and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Ware or the City of Waycross. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. 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, 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 V of the Constitution of Georgia, creating the Waycross and Ware County Development Authority. Against ratification of amendment to Article V of the Constitution

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of Georgia, creating the Waycross and Ware County Development Authority. 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 a majority of the electors qualified to vote for members of the General Assembly voting thereon in Ware County and also a majority of said electors voting thereon in the City of Waycross shall vote for ratification thereof, this amendment shall become a part of the Constitution of the State of Georgia. The returns of the election shall be made in like manner as returns for 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. GENERAL ASSEMBLYCANDIDACY FOR HOUSE IN COUNTIES HAVING TWO REPRESENTATIVES. No. 708 (House Bill No. 169). An Act to require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia in all counties of this State entitled to two or more such Representatives 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

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of the General Assembly of Georgia in all counties of this State entitled to two or more such Representatives, 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. COUNTY TAX RETURNS. Code 92-6201 Amended. No. 709 (Senate Bill No. 214). An Act to amend Section 92-6201, Chapter 92-62, of the Code of Georgia of 1933, relating to the time of making tax returns, by striking the following language appearing in the last sentence of said Act, except that in counties of over 200,000 or more according to the 1940 or any future census, the time of closing the books for the return of taxes shall be May 1 of each year; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that Section 92-6201, Chapter 92-62 of the Code of Georgia of 1933 relating to the time of making tax returns,

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be and the same is hereby amended by striking therefrom the following language appearing in the last sentence of said Code Section, except that in counties of over 200,000 or more according to the 1940 or any future census, the time of closin the books for the return of taxes shall be May 1 of each year., so that said Code Section when so amended shall read as follows: Code 92-6201 amended. Section 92-6201 . Time for making tax returns. The several tax receivers shall open their books for return of taxes on the first day of January and shall close same on the first day of April of each year. Time for making returns. 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 December 21, 1953. LEGAL ADVERTISING. Code 39-1103, 39-1105 Amended. No. 711 (Senate Bill No. 202). An Act to amend Chapter 39-11 of the Code relating to legal advertising by increasing the rate therefor from $1.00 per hundred words to $1.50 per hundred words, or any part thereof; to provide that any newspaper, to qualify as the official organ of any county, must have 85% of its circulation as paid circulation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 39-1103 of the Code relating to the circulation of the official newspapers of the various counties is hereby amended by striking said section in its entirety

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and substituting in lieu thereof a new section to read as follows: Code 39-1103 amended. Section 39-1103. No journal or newspaper published in this State shall be declared or made the official organ of any county for the publication of sheriff's sales, ordinary's citations or any other advertising commonly known and termed `official or legal advertising' and required by law to be published in such county official newspaper, unless such newspaper shall have been continuously published and mailed to a list of bona fide subscribers for a period of two years, or is the direct successor of such journal or newspaper, and unless 85% of the circulation of such newspaper or journal is paid circulation. No change shall be made in the official organ of any county except upon the concurrent action of the ordinary, sheriff and clerk of the superior court of said county or a majority of said officers: Provided, that in counties where no journal or newspaper has been established for two years the official organ may be designated by the ordinary, sheriff and clerk of the superior court, a majority of these officers governing. Official organ for publication. Section 2. Section 39-1105 of the Code relating to the fees for advertising, as amended by an Act approved February 15, 1949 (Ga. Laws 1949, p. 566), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Code 39-1105 amended. Section 39-1105. The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, the sum of $1.50 for each insertion for the first four insertions; for each subsequent insertion, the sum of 75 cents per 100 words. In all cases fractional parts shall be charged for at the same rates; and no ordinary, sheriff, coroner, clerk, marshal or other officer shall receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth. Rates. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953.

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ABANDONED REFRIGERATORS, ETC.LEAVING ACCESSIBLE TO CHILDREN. No. 712 (House Bill No. 803). An Act to declare it to be a misdemeanor to leave in any place accessible to children abandoned, unattended or discarded ice-boxes, refrigerators and the like without removing locks or doors from same; to provide for punishment of such acts; to declare such ice-boxes, and the like public nuisances and to provide for abatement of the same; to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. It shall be unlawful for any person, firm or corporation to leave in any place accessible to children any abandoned, unattended or discarded ice-box, refrigerator or other container of any kind which has an air-tight snap-lock or other device thereon without first removing the said snap-lock or doors from said ice-box, refrigerator or container. Misdemeanor. Section 2. Any person, firm or corporation violating any of the provisions of Section 1 of this Act shall upon conviction be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Punishment. Section 3. Any abandoned, discarded or unattended ice-box, refrigerator or other container of any kind which has an air-tight door or lock which may not be released for opening from the inside of such ice-box, refrigerator or container is hereby declared to be a public nuisance subject to abatement as in other cases. Nuisances. Section 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved December 18, 1953.

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ELECTIONSWHEN COUNT OF VOTES TO BEGIN. Code 34-1303 Amended. No. 714 (Senate Bill No. 7). An Act to repeal Paragraph 6 of Section 34-1303 of the Code of Georgia of 1933 in its entirety, and substitute a new paragraph, to be designated as Paragraph 6 of Code section 34-1303; to provide that election managers may not begin to count the votes in any election until the polls are closed; 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 6 of Section 34-1303 of the Code of Georgia of 1933, which reads as follows: 6. Count, when to begin.The managers may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed, if a candidate in person or by written authority, objects, is repealed, and a new Paragraph 6 is substituted therefor, so that Paragraph 6 of said Code Section will read as follows: Code 34-1303 amended. 6. Count, when to begin.The managers shall not begin to count the votes in any election until the polls are closed. 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 December 21, 1953.

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MECHANICS' LIEN ON PERSONALTY. Code 67-2003 Amended. No. 715 (Senate Bill No. 218). An Act to amend Section 67-2003 of the Code relating to mechanics' lien on personalty, so as to provide that such lien may be foreclosed by surrendering possession of the property and recording said lien within thirty days after the work is done rather than 10 days as now provided by law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 67-2003 of the Code relating to the mechanics' lien on personalty is hereby amended by striking from the 10th line thereof the words and figures ten days (10 days) and substituting in lieu thereof the figures and words thirty days (30 days), so that said section when so amended shall read as follows: Code 67-2003 amended. 67-2003. All mechanics of every sort, for work done and material furnished in manufacturing or repairing personal property, shall have a special lien on the same, which may be asserted by retention of such property, or the mechanic may surrender such personal property and give credit, when the same shall be enforced in accordance with the provisions of Section 67-2401, and shall be superior to all liens except liens for taxes and such other liens as the mechanic may have had actual notice of before the work was done or material furnished. When they surrender possession of the property to the debtor, such mechanics shall record their claims of lien, within thirty days (30) days after such work is done and material furnished in the office of the clerk of the superior court of the county where the owner of such property resides, which claim shall be in substance as follows: A. B., mechanic, claims a lien on(here describe the property) of C. B., for work done and

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material furnished in manufacturing or repairing (as the case may be) the same. Lien. Recording. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 21, 1953. TRUST COMPANIESCAPITAL STOCK. Code 109-105 Amended. No. 720 (Senate Bill No. 195). An Act to amend Section 109-105 (2820) of the Code of 1933 by striking out the entire section and adding in lieu thereof a new section, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that Section 109-105 of the Code of 1933, as follows: 109-105 Capital stock; increase: transfer of shares.The capital stock of the trust company may be increased from time to time by a vote of two-thirds of the shareholders present at any regular annual meeting or special meeting called for that purpose: Provided, said two-thirds of the stockholders so voting represents a majority of the capital stock. The capital stock shall be divided into shares of $100 each, which shares shall be deemed personal property and shall be transferable in such manner as prescribed by the bylaws of the company; be stricken and repealed and a new section added in lieu thereof and substituted therefor to be known as Section 109-105A, as follows: Code 109-105 amended. 109-105A. Capital stock, increase; transfer of shares.The capital stock of the trust company may be increased from time to time by a vote of two-thirds of the shareholders present at any regular annual meeting or special meeting called for that purpose; Provided, said

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two-thirds of the stockholders so voting represents a majority of the capital stock. The capital stock may be divided into shares of not less than $10.00 each and the value of such shares shall be shown on the company statement, and which shares shall be deemed personal property and shall be transferable in such manner as shall be prescribed by the bylaws of the company. Increase of capital stock. Section 2. Be it further enacted by authority of the same that all laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved December 21, 1953. EASTERN JUDICIAL CIRCUITJUDGES. No. 723 (Senate Bill No. 239). An Act to add one additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia; to provide for the election of said judge and to fix the time at which he shall begin his term of office; to prescribe the powers of said judge; to prescribe the compensation or salary of said judge; to authorize the judges of said court to formulate, promulgate, amend and enforce rules of procedure in said court; to provide for the judge senior in term of continuous service to be the presiding judge, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments; 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 under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945, one additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia is hereby added, thereby increasing

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to two the number of the judges of the superior court for said circuit. Additional judge. Section 2. Be it further enacted by the authority aforesaid that said additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia shall be elected in the manner now provided by law for the selection of judges of the superior courts of this State at the general election for members of the General Assembly to be held in 1954, for a term of four years, beginning on the first day of January, 1955, and until his successor shall have been elected and qualified. All subsequent elections for such judge shall be for a term of four years and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Election term. Section 3. Be it further enacted by the authority aforesaid that said additional Judge of the Superior Court of the Eastern Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges and immunities of a judge of said court. Either of the two judges of said court may preside over any cause therein and perform any official act as judge thereof. Powers and duties. Section 4. Be it further enacted by the authority aforesaid that the compensation, salary and contingent expense allowance of said additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. Also he shall receive such additional compensation as may be paid by Chatham County to the judges of said superior court. Compensation. Section 5. Be it further enacted, by the authority aforesaid, that upon and after qualification of the additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia, the two judges of said court shall be and are authorized to adopt, promulgate, amend and enforce such rules of practice and procedure in consonance

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with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court. Rules of practice and procedure. Section 6. Be it further enacted, by the authority aforesaid, that said two Judges of the Superior Court for the Eastern Judicial Circuit of Georgia in transacting the business of said court and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of disagreement between said judges in respect hereof, the decision of the senior judge in point of service shall be controlling. Allocation of work. Section 7. Be it further enacted by the authority aforesaid, that the judge of said court, senior in term of continuous service, shall be the presiding judge of said court, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments. Presiding judge. Section 8. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Section 9. A publisher's certificate and affidavit is hereto attached and made a part hereof. Approved December 21, 1953. BILLS OF EXCEPTIONTIME OF TENDER. Code 6-902,6-903, 6-905, 87-304, 87-405 Amended. No. 724 (Senate Bill No. 208). An Act to extend the time within which bills of exception shall be tendered to the judge who presided in the case from 20 days to 30 days from the date of the decision

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complained of; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Rule 6 of the Rules of Practice and Procedure for Appeal or Review, ratified by resolution of the General Assembly (Ga. Laws 1946, p. 726) is hereby amended by striking the words, 20 days, as contained in the said rule, and by substituting in lieu thereof the words, 30 days, so that the said rule, as amended, shall read as follows: Code 6-902 amended. Section 6-902.Bills of exception shall be tendered to the judge who presided in the cause within 30 days from the date of the decision complained of. This provision as to time shall apply to bills of exception in all classes of cases and shall so apply irrespective of whether or not the term at which the decision was rendered had adjourned, and irrespective of whether the decision complained of was rendered in vacation or at chambers or during a term of court, except that nothing herein contained shall change any provision of Section 27-1201 of the Code of 1933 providing the time within which direct bills of exceptions must be taken to denials of motions for change of venue. Section 2. Rule 8 of the Rules of Practice and Procedure for Appeal or Review, ratified by resolution of the General Assembly (Ga. Laws 1946, p. 726) is hereby amended by striking the words, 20 days, as contained in the said rule, and by substituting in lieu thereof the words, 30 days, so that the said rule, as amended, shall read as follows: Code 6-903 amended. Section 6-903.In all applications for discharge in bail trover and contempt cases; in all criminal cases; and in all cases granting or refusing applications for injunction or receiver; granting or refusing applications for alimony, mandamus, or other extraordinary remedy; granting or refusing applications for attachment against

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fraudulent debtors; and granting or refusing applications for dissolution of corporation created by the superior court, the bill of exceptions shall be tendered within 30 days from the rendition of the decision. The bill of exceptions shall be served and filed as provided in Sections 6-911 and 6-1001 of the Code, and thereafter the duties of the clerk in such case shall be the same as prescribed in Section 6-1001 of the Code. Section 3. Rule 10 of the Rules of Practice and Procerure for Appeal or Review, ratified by resolution of the General Assembly (Ga. Laws 1946, p. 726) is hereby amended by striking the words, 20 days, as contained in the said rule, and by substituting in lieu thereof the words, 30 days, so that the said rule, as amended, shall read as follows: Code 6-905 amended. Section 6-905. Exceptions tendered before the final judgment, for the mere purpose of being made a part of the record, shall be certified to be true by the judge and ordered to be placed on the record. Such exceptions shall be tendered within 30 days from the date of the order, decision or ruling complained of. Exceptions pendente lite. Section 4. Rule 26 of the Rules of Practice and Procedure for Appeal or Review, ratified by resolution of the General Assembly (Ga. Laws 1946, p. 726) is hereby amended by striking the words, 20 days, as contained in the said rule, and by substituting in lieu thereof the words, 30 days, so that the said rule, as amended, shall read as follows: Code 87-304 amended. Section 87-304.Within the time prescribed in the order, the judge of said superior court shall proceed to hear and determine all of the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of the bonds, a judgment and order shall be entered to that effect, and any citizen of this State, resident in such county, municipality, or political division, so desiring to issue said bonds, may become a party to said proceedings, and if dissatisfied with the judgment

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of the court confirming and validating the issuance of the bonds, may except thereto within 30 days from the judgment. Validation. Section 5. Rule 27 of the Rules of Practice and Procedure for Appeal or Review, ratified by resolution of the General Assembly (Ga. Laws 1946, p. 726) is hereby amended by striking the words, 20 days, as contained in the said rule, and by substituting in lieu thereof the words, 30 days, so that the said rule, as amended, shall read as follows: Code 87-405 amended. Section 87-405.Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shall be entered to that effect, and any citizens of this State, resident in such county or municipality which issued said bonds sought to be validated, may become a party to said proceedings, and any party thereto dissatisfied with the judgment of said court confirming and validating said bonds, or refusing to confirm and validate said bonds, may except thereto within 30 days from the date of said judgment as in other cases. Validation. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 21, 1953. BOARDS OF EDUCATIONREORGANIZATION OF SCHOOL SYSTEMS. No. 726 (House Bill No. 872). An Act to authorize and empower the board of education of any county or independent school system to reorganize

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the schools within their jurisdiction and to determine and fix the number of grades to be taught at each school in the respective systems; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The board of education of any county or independent school system is hereby authorized and empowered, if, in their opinion, the welfare of the schools of the county or independent system and the best interests of the pupils require, to reorganize the schools within their jurisdiction and to determine and fix the number of grades to be taught at each school in their respective systems. Powers of boards. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. FURNISHING LIQUOR TO MINORS. Code 58-612 Amended. No. 727 (House Bill No. 845). An Act to amend Code Section 58-612 of the Code of Georgia by striking from said section the words shall be guilty of a misdemeanor and inserting in lieu thereof the words shall be guilty of a felony and shall be punished by confinement and labor in the penitentiary for not less than one year nor more than five 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 of the same:

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Section 1. Code Section 58-612 of the Code of Georgia Furnishing liquor to minors is hereby amended by striking the words at the end of said section which read shall be guilty of a misdemeanor and inserting in lieu thereof shall be guilty of a felony and shall be punished by confinement and labor in the penitentiary for not less than one year nor more than five years so that said section when so amended shall read: Code 58-612 amended. 58-612. Furnishing liquor to minors Any person who knowingly, by himself or another, shall furnish or cause to be furnished, or permit any other person in his employ to furnish any minor spirituous or intoxicating or malt liquors, without first obtaining written authority from the parent or guardian of said minor, shall be guilty of a felony and shall be punished by confinement and labor in the penitentiary for not less than one year nor more than five years. Felony. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 21, 1953. JURY SERVICE OF WOMEN. Code 59-106, 59-112, 59-201 Amended. No. 728 (House Bill No. 111). An Act to amend Section 59-106 of the Code of Georgia of 1933, relating to the revision of jury lists and the selection of grand and traverse jurors; to amend Section 59-112 of the Code of Georgia of 1933, relating to persons exempt from jury duty; to amend Section 59-201 of the Code of Georgia of 1933, relating to the qualifications of grand jurors, so as to remove the prohibition against women serving as jurors; to provide that mothers engaged in the raising of children under sixteen years of age, and nurses engaged in the practice

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of their profession shall be exempt from all jury duty; to provide that any woman who desires not to serve upon juries shall not have her name placed upon any jury list; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 59-106 of the Code of Georgia of 1933, relating to the revision of jury lists and the selection of grand and traverse jurors, is hereby amended by striking the word men from line five and inserting in lieu thereof the word citizens, and by striking the word men from line eight and inserting in lieu thereof the word citizens, so that said section when so amended shall read as follows: Code 59-106 amended. Biennially, or, if the judge of the superior court shall direct, triennially on the first Monday in August, or within 30 days thereafter, the board of jury commissioners shall revise the jury lists. Jury lists. The jury commissioners shall select from the books of the tax receiver upright and intelligent citizens to serve as jurors, and shall write the names of the persons so selected on tickets. They shall select from these a sufficient number, not exceeding two-fifths of the whole number, of the most experienced, intelligent, and upright citizens to serve as grand jurors, whose names they shall write upon other tickets. The entire number first selected, including those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, to be drawn for service as provided by law, except that when in drawing juries a name which has already been drawn for the same term as a grand juror shall be drawn as a traverse juror, such name shall be returned to the box and another drawn in its stead. Selection of jurors. Section 2. Section 59-112 of the Code of Georgia of 1933, relating to persons exempt from jury duty, is hereby amended by striking said section in its entirety and

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substituting in lieu thereof a new Section 59-112 to read as follows: Code 59-112 amended. The following persons shall be exempt from all jury duty, civil and criminal: Ministers of the gospel, engaged regularly in discharging ministerial duties. All physicians (except as provided in Section 49-604 and 49-615) and apothecaries in the practice of their professions. Persons exempt from jury duty. School teachers engaged in teaching school. Millers and ferrymen engaged in their occupations. All railroad employees whom the superintendent of a railroad shall certify to the judge are necessary and are actually engaged in the work of running railroad trains. All persons over sixty years of age. All nurses engaged in the practice of their profession. All mothers engaged in the raising of children under sixteen years of age. All telegraph operators. Officers and members of each fire company to the number of 25, doing actual duty as firemen, whose names shall be filed in the office of the clerk of the superior court by the secretary of such company on or before the first day of January of each year. Clerks connected with the several State departments at the capitol. Persons employed at the Milledgeville State Hospital. Persons practicing dentistry: Provided, that this exemption

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shall not operate to disqualify those dentists who may wish to serve as jurors. Regularly licensed pilots, together with one boatkeeper for each pilot boat, actually engaged in the regular management of their boats. Members of the various police forces and town marshals of the several cities and towns, while so employed on such police forces. Telegraph line repairers whom the manager or superintendent of the telegraph company shall certify to the court to be line repairers and actually engaged in repairing telegraph lines. Regularly licensed stationary engineers actually engaged in the regular management of engines at their places of occupation. Railway postal clerks. Special pay members of any company of the volunteer forces of this State, whose certificate of membership, signed by the company commander and attested by the first sergeant, when produced in any court, shall be evidence of the right to the exemption. Licensed embalmers actually engaged in the practice of embalming. Nothing herein contained shall be construed to work a disqualification of any of the classes named, or to exclude them from the jury box. Section 3. Section 59-201 of the Code of Georgia of 1933, relating to the qualification of grand jurors, is hereby amended by striking the word male in the first line, so that said section when so amended shall read as follows: Code 59-201 amended. All citizens of this State, above the age of 21 years,

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being neither idiots, lunatics, nor insane, who have resided in the county for six months preceding the time of serving, and who are the most experienced, intelligent, and upright persons, are qualified and liable to serve as grand jurors, unless exempted by law: Provided, however, that county commissioners, tax receivers, tax collectors, members of the county board of education, county school commissioners, ordinaries, and county treasurers shall be incompetent to serve as grand jurors during their respective terms of office. Qualifications of grand jurors. Section 4. Any woman of this State who does not desire to serve upon juries shall notify the jury commissioners of the county in which she resides in writing to that effect, and thereupon the jury commissioners shall not place the name of such woman in the jury box for said county. Women not desiring to serve. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 21, 1953. FEMALE WITNESSES. Code 38-2101, 38-2403 Amended. No. 729. (Senate Bill No. 172). An Act to amend Section 38-2101 of the Code of Georgia of 1933, relating to who may be examined on interrogatories, and Section 38-2403 of the Code of Georgia of 1933, relating to the procedure when the witness is a female or attendance is inconvenient in cases as relates to depositions in cases tried on affidavits, so as to remove the reference to females in said Code sections; 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 38-2101 of the Code of Georgia of 1933, relating to who may be examined on interrogatories, is hereby amended by striking therefrom subsection 4, which reads as follows: Code 38-2101 amended. 4. All female witnesses. Section 2. Section 38-2403 of the Code of Georgia of 1933, relating to the procedure when the witness is a female or attendance is inconvenient in cases as relates to depositions in cases tried on affidavits, is hereby amended by striking the words, the witness is a female, or from, and inserting in lieu thereof the words due to, so that said Section 38-2403 when so amended shall read as follows: 38-2403. If, due to the condition of his health or the nature of his business it is not possible to secure the attendance of the witness without manifest inconvenience to the public and to himself, the officer on the day named in the subpoena shall proceed to the residence of the witness and take the answers to the questions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 21, 1953. FELONIESPENALTY ON CONVICTION OF SECOND OR SUBSEQUENT OFFENSES. Code 27-2511 Amended. No. 730 (House Bill No. 585). An Act to amend Section 27-2511, Georgia Code 1933, relating to the punishment for the conviction of a second or subsequent criminal offense, so as to provide for punishment of persons upon conviction of a fourth felony or of subsequent felonies; 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 27-2511 of the Code of Georgia of 1933 relating to the punishment for the conviction of a second or subsequent criminal offense, is hereby amended by adding at the end thereof the following: Provided, however, any person who, after having been three times convicted under the laws of this State of felonies, or under the laws of any other State or of the United States, of crimes which, if committed within this State would be felonious, commits a felony within this State other than a capital felony, must, upon conviction of such fourth offense, or of subsequent offenses, serve the maximum time provided in the sentence of the jury or the judge based upon such conviction, and shall not be eligible for parole until the maximum sentence has been served. For the purposes of this section conviction of two or more crimes charged on separate counts of one indictment or information or in two or more indictments or informations consolidated for trial, shall be deemed to be only one conviction. so that Section 27-2511, when so amended, shall read as follows: Section 27-2511. If any person who has been convicted of an offense and sentenced to confinement and labor in the penitentiary shall afterwards commit a crime punishable by confinement and labor in the penitentiary, he shall be sentenced to undergo the longest period of time and labor prescribed for the punishment of the offense of which he stands convicted. Provided, however, any person who, after having been three times convicted under the laws of this State of felonies, or under the laws of any other State or of the United States, of crimes which, if committed within this State would be felonies, commits a felony within this State other than a capital felony, must, upon conviction of such fourth offense, or of subsequent offenses, serve the maximum time provided in the sentence of the jury or the judge based upon such conviction, and shall not be eligible for parole until the maximum sentence has been served. For the purpose of this section conviction of two or more crimes

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charged on separate counts of one indictment or information or in two or more indictments or informations consolidated for trial, shall be deemed to be only one conviction. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 21, 1953. INCOME TAXDEDUCTION FOR CHILD CARE EXPENSES. Code 92-3109 Amended. No. 733 (House Bill No. 755). An Act to amend Section 92-3109 of the Code of Georgia of 1933 as amended, by adding a new subsection thereto, so as to provide for the deduction, as a business expense, of the cost of providing for the care of children under sixteen years of age, when such care is for the purpose of enabling the taxpayer to be gainfully employed; to provide for limitations of such deduction as to who shall be entitled thereto and the amount the taxpayer can receive from other sources than personal services, and the amount taxpayer's spouse can receive in order to entitle the taxpayer to the deduction; to define the care for which expenditure shall be made; 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 Section 92-3109 of the Code of Georgia of 1933 as amended, be further amended by adding a new subsection thereto, to be designated as Subsection (n), so as to provide, as a business expense, for the deduction of the cost of providing care for children under

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sixteen years of age, if such care is for the purpose of enabling the taxpayer to be gainfully employed, said deduction being limited and restricted so as to allow it only to the person ordinarily charged with the personal care of such children and to the extent of such person's income from personal services, and to place a limitation on the gross income of the taxpayer and his spouse where such taxpayer would otherwise be entitled to such deduction, and to define and limit the expenses allowable, said sub-section to read as follows: Code 92-3109. Section 92-3109(n). Child Care Expenses.In addition to other deductions allowed by this law, there shall be allowed, as a business expense, expenses actually paid for the care of a child or children, subject to the following rules and limitations: (1) The child for whom such care is provided must not have attained the age of sixteen years on or before the last day of the taxable year, and must be the child, natural or adopted or the stepchild of the taxpayer. Child care expenses. (2) The care for the child must be provided in order to enable the taxpayer to be gainfully employed. (3) The deduction shall be claimed only by the person who would ordinarily care for the child, and whose absence from the child in gainful employment necessitates the payment for such care. The amount of the deduction shall not exceed the amount of the taxable gross income from personal services of the person entitled to the deduction. (4) The person to whom compensation for such care is paid shall not be claimed as a dependent by the taxpayer, his spouse, or by any other person related to the taxpayer in any of the degrees stated in Section 92-3106 (d) (1) of the Code of Georgia, which defines an allowable dependent. (5) In the case of taxpayer who is married and living

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with husband or wife, the deduction for child care shall not be allowed if the taxpayer's spouse has taxable gross income, less business expenses, in excess of $4,000.00 plus credit for dependents to which both are entitled. (6) The deduction for child care expenses shall not be allowed if the taxpayer has gross income, less business expenses, from sources other than personal services, in excess of $4,000.00 plus credit for dependents to which he is entitled. (7) The expenses allowed by this section shall include personal care or supervision only, and shall not include cost of food, clothing, shelter, medical care, education, cash allowances to the child, or other similar expenditures for the usual support and maintenance of the child. Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act shall apply to and be in full force and effect for all taxable years ending on or 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 insofar as they may affect the provisions of this Act. Approved December 21, 1953.

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FEDERAL SOCIAL SECURITY ACTEMPLOYEES OF POLITICAL SUBDIVISIONS OF STATE. No. 734 (House Bill No. 800). 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Declaration of policy . In order to extend to employees of the political subdivisions of the State and to the dependents and survivors of such employees, who are not members of the existing retirement or pensions systems, the benefits of social security provided under Public Law 734, enacted by the Congress of the United States, it is hereby declared to be the policy of the General Assembly, subject to the limitations of this Act, that such steps be taken as to provide such protection to employees of the political subdivisions of the State on as board a basis as is permitted under the Social Security Act. Declaration of policy. Section 2. Definitions . For the purpose of this Act: (a) The term wages means all remuneration for employment as defined herein, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such

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remuneration which, even if it were for employment within the meaning of the Federal Insurance Contributions Act, would not constitute wages within the meaning of that Act. (b) The term employment means any service performed by an employee in the employ of any political subdivision of the State, for such employer, except (1) service which in the absence of an agreement entered into under this Act would constitute employment as defined in the Social Security Act; or (2) employment in positions covered by any retirement system supported wholly or in part by the State or any of its subdivisions may not be included in such agreement. Definitions. (c) The term employee includes an officer of a political subdivision of the State. (d) The term State agency means the Employees Retirement System of Georgia. (e) The term Federal Security Administrator includes any individual to whom the Federal Security Administrator has delegated any of his functions under the Social Security Act with respect to coverage under such Act of employees of States and their political subdivisions. (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. (g) The term Social Security Act means the Act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the Social Security Act, (including regulations and requirements issued pursuant thereto), as such Act has been and may from time to time be amended.

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(h) The term Federal Insurance Contributions Act means Subchapter A of Chapter 9 of the Federal Internal Revenue Code as such Code has been and may from time to time be amended. Section 3. (a) Federal - State agreement . The State agency, with the approval of the Governor, is hereby authorized to enter on behalf of the State into an agreement with the Federal Security Administrator, consistent with the terms and provisions of this Act, for the purpose of extending the benefits of the Federal old-age and survivors insurance system to employees of the political subdivisions of the State with respect to services specified in such agreement which constitute employment as defined in Section 2 of this Act. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration, and other appropriate provisions as the State agency and Federal Security Administrator shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that: Federal-State agreement. (1) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act; (2) The State Agency will remit to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in Section 2 of this Act), equal to the sum of the taxes which would be imposed by Sections 1400 and 1410 of the Federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of that Act: (3) 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

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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; (4) All services which (A) constitute employment as defined in Section 2, (B) are performed in the employ of a political subdivision of the State, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the State agency under Section 5, shall be covered by the agreement. (b) Interstate instrumentalities . Any instrumentality jointly created by this State and any other State or States is hereby authorized, upon the granting of like authority by such other State or States, (1) to enter into an agreement with the Federal Security Administrator whereby the benefits of the Federal old-age and survivors insurance system shall be extended to employees of such instrumentality, (2) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under Section 4 (a) if they were covered by an agreement made pursuant to Subsection (a) of this section, and (3) to make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of Subsection (a) and other provisions of this Act. Interstate instrumentalities. Section 4. Plans for coverage of employees of political subdivisions . (a) Each political subdivision of the State is hereby authorized to submit for approval by the State agency a plan for extending the benefits of Title II of the Social

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Security Act, in conformity with applicable provisions of such Act, to employees of such political subdivision. Each such plan and any amendment thereof shall be approved by the State agency if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the State agency, except that no such plan shall be approved unless: Plans for coverage of employees of political subdivisions. (1) It is in conformity with the requirements of the Social Security Act and with the agreement entered into under Section 3; (2) It provides that all services which constitute employment as defined in Section 2 and are performed in the employ of the political subdivision by employees thereof, shall be covered by the plan; (3) It specifies the source or sources from which the funds necessary to make the payments required by Paragraph (1) of Subsection (c) and by Subsection (d) are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose; (4) It provides for such methods of administration of the plan by the political subdivision as are found by the State agency to be necessary for the proper and efficient administration of the plan; (5) It provides that the political subdivision will make such reports, in such form and containing such information, as the State agency may from time to time require, and comply with such provisions as the State agency or the Federal Security Administrator may from time to time find necessary to assure the correctness and verification of such reports; and (6) It authorizes the State Agency to terminate the plan in its entirety, in the discretion of the State agency, if it finds that there has been a failure to comply with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such

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conditions as may be provided by regulations of the State agency and may be consistent with the provisions of the Social Security Act; provided that such conditions as may be provided by the regulations of the State agency for such termination shall assure that the State shall not incur any debt or loss in relation to any amounts due the State from other provisions of the Social Security Act, including grants in aid for public assistance and for maternal and child welfare. (b) The State agency shall not finally refuse to approve a plan submitted by a political subdivision under Subsection (a), and shall not terminate an approved plan, without reasonable notice and opportunity for hearings to the political subdivision affected thereby. (c) (1) Each political subdivision as to which a plan has been approved under this section shall pay into the contribution fund, with respect to wages (as defined in Section 2 of this Act), at such time or times as the State agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the State agency under Section 3. (2) Each political subdivision required to make payments under Paragraph (1) of this subsection is authorized, in consideration of the employees retention in, or entry upon, employment after enactment of this Act, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to his wages (as defined in Section 2 of this Act), not exceeding the amount of tax which would be imposed by Section 1400 of the Federal Insurance Contributions Act if such services constituted employment within the meaning of this Act, and to deduct the amount of such contributions from his wages as and when paid. Contributions so collected shall be paid into the contribution fund in partial discharge of the liability of such political subdivision or instrumentality under Paragraph (1) of this subsection. Failure to deduct such contribution shall

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not relieve the employee or employer of liability therefor. (d) Delinquent payments due under Paragraph (1) of Subsection (c) may, with interest at the rate of six per centum per annum, be recovered by action in court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the State agency, be deducted from any other moneys payable to such subdivision by any department or agency of the State. (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 alloted 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. (f) Should the governing authority of any county which has entered into a plan of coverage for its employees with the State agency as provided for in this section fail to make collection from its employees and to make reports and payments agreed to in such plan of coverage, it shall be the duty of the State agency to notify the State Highway Board and the State Treasurer of such failure and thereupon, it shall be the duty of the State Highway Board and the State Treasurer to withhold from such county governing authority all appropriations

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for highway and road purposes alloted to such county until such county governing authority has fully complied with the provisions agreed to in its plan of coverage by making reports and remittances of the payment provided for in its plan of coverage entered into with the State agency, and it shall be illegal for the State Highway Board or the State Treasurer to pay out or release such funds, unless the provisions of this section are complied with. Provided, however, the State Highway Board and the State Treasurer are hereby authorized and directed, upon certified request of the State agency, to remit to the State agency from such withheld funds the amount necessary to cover the remittances which such county governing authority has failed to pay to the State agency. Provided further, that the State Highway Board and the State Treasurer are hereby authorized to release all such withheld funds upon authorization from the State agency. Section 5. Contribution fund . (a) There is hereby established a special fund to be known as the contribution fund. Such fund shall consist of and there shall be deposited in such fund: (1) all contributions, interest, and penalties collected under Section 4; (2) all moneys appropriated thereto under this Act; (3) any property or securities and earnings thereof acquired through the use of moneys belonging to the fund; (4) interest earned upon any moneys in the fund, and (5) all sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided. Subject to the provisions of this Act, the State agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of this Act. Contribution fund. (b) The contribution fund shall be established and

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held separate and apart from any other funds or moneys of the State and shall be used and administered exclusively for the purpose of this Act. Withdrawals from such fund shall be made for, and solely for (A) payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under Section 3; (B) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality; and (C) expenses incurred in the administration of this Act. (c) From the contribution fund the custodian of the fund shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the State agency in accordance with any agreement entered into under Section 3 and the Social Security Act. (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. (e) (1) There are hereby authorized to be appropriated annually to the contribution fund, in addition to the contributions collected and paid into the contribution fund under Section 4, to be available for the purposes of Section 5 (b) and (c) until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury which the State is obligated to make pursuant to an agreement entered into under Section 3. Section 6. Rules and regulations . The State agency shall make and publish such rules and regulations, not inconsistent with the provisions of this Act, as it finds

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necessary or appropriate to the efficient administration of the functions with which it is charged under this Act. Rules and regulations. Section 7. Studies and reports . The State agency shall make studies concernig the problem of old-age and survivors insurance protection for employees of the political subdivisions of the State and concerning the operation of agreements made and plans approved under this Act and shall submit a report to the legislature at the beginning of each regular session, covering the administration and operation of this Act during the period since the last session or report, including such recommendations for amendments to this Act as it considers proper. Studies and reports. Section 8. Expenses. Administrative costs . All expenses of the State agency relative to and incidential to the administration of this Act shall be paid from funds paid into the State agency by participating subdivisions for such purpose as shall be provided by the rules and regulations of such State agency. Expenses administrative costs. Section 9. Separability . If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. Section 10. Repeal . All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. Section 11. Effective date . This Act shall take effect immediately upon its passage and approval by the Governor. Approved December 21, 1953.

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SUPERIOR COURTSSUBPOENA DOCKETS. Code 24-2714 Amended. No. 735 (House Bill No. 200). An Act to amend subparagraph numbered 3 of Paragraph of Section 24-2714 of the Code of Georgia adopted in 1933, which relates to the duty of the clerks of the superior courts to keep in their offices two subpoena dockets, one for criminal and one for civil cases, in which to show the name of the person for whom the subpoena was issued, its date, at whose instance issued and to whom delivered, and to show all commissions for interrogatories issued, by inserting between the word person and the word for in the second line thereof a comma and the following: unless issued with such name in blank, and to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Subparagraph 3 of Paragraph 5 of Section 24-2714 of the Code of Georgia adopted in 1933 is amended by inserting between the word person and the word for in the second line thereof a comma and the following: unless issued with such name in blank, so that said section as amended shall provide as follows: Code 24-2714 amended. (3) Two subpoena docketsone for civil, the other for criminal cases; such dockets shall show the name of the person, unless issued with such name in blank, for whom subpoena issued, its date, at whose instance it was issued and to whom delivered, and shall likewise show all commissions for interrogatories which may have been issued. Section 2. That all laws and parts of laws in conflict be and are hereby repealed. Approved December 21, 1953.

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CITY COURT MERIT AND RETIREMENT SYSTEMS. No. 739 (House Bill No. 27). An Act to amend an Act entitled An Act to establish an employees retirement system, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 416), as amended by an Act approved February 20, 1951 (Ga. L. 1951, p. 394), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 175) so as to authorize all judges, solicitors, and other employees of any city court in any county of this State to become members of the Employees Retirement System of Georgia; to declare that the city courts of this State are adjuncts of the superior courts of this State; to authorize the payment of contributions under said system; to provide for the time of retirement; to provide for full credit for all the years of service rendered as judge and/or solicitor; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. The city courts of this State are hereby declared to be adjuncts of the superior courts of this State, the city courts having concurrent jurisdiction in all civil and criminal matters except those exclusively vested in the superior courts. Section 2. All judges, solicitors and other employees of any city court in this State shall be subject to a merit system of employment as promulgated by each city court, under which all such officers and employees shall perform services on the basis of merit, fitness and efficiency. All such officers and employees are hereby authorized to become and be members of the Employees Retirement of Georgia, in accordance with the provisions as established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, and to include the provisions contained herein. The governing authority of each county of this State shall deduct or collect

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from each member the employee contributions required by the Retirement Act and shall monthly remit same to the retirement system, and the State Treasurer of Georgia is hereby authorized and directed to pay from the funds appropriated for the operation of the superior courts of this State the employer contribution required by the Retirement Act, said employer contribution shall be paid by State Treasurer upon receipt of invoice from the employees retirement system. City court merit and retirement systems. Section 3. All judges, solicitors and other employees of any city court who were in service on December 1, 1952, shall be entitled to all benefits authorized under the terms of the Employees Retirement Act in the same manner as if they had been a member of the retirement system on said date. Who eligible. Section 4. Be it further enacted that Section 5, Sub-section (1)b, of the Employees Retirement System Act (Ga. L. 1949, p. 138) shall not apply to the judges and solicitors of any city court, but that any judge or solicitor of any city court may retire at his discretion at any time after becoming eligibel to retire. Act of 1949. Section 5. Be it further enacted that Section 3, Georgia Laws of 1952, page 175, shall not apply to judges and solicitors of the city courts who participate in the retirement system in the capacity of judges and solicitors; but be it enacted that all judges and solicitors so participating shall be entitled to credit for all their prior years of service rendered as judge and/or solicitor. Act of 1952. Section 6. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved December 21, 1953.

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CONSOLIDATION OF SCHOOLS IN CERTAIN COUNTIES. No. 741 (House Bill No. 1028). An Act to provide for the consolidation of schools in counties having a population of not less than 9,150 and not more than 9,210 according to the United States census of 1950, or any future census; 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. In all counties of the State having a population of not less than 9,150 and not more than 9,210, according to the United States census of 1950, or any future census, the board of education of any county shall have the right, if in their opinion the welfare of the schools of the county and the best interest of the pupils require, and if the provisions of this section are followed, to consolidate two or more schools into one school to be located by said board at a place convenient to the pupils attending the same, the school house to be located as near center of the district or districts as possible. No consolidation shall become effective, however, until voted upon favorably by a majority of the voters voting in an election to be held for that purpose under the procedure as hereinafter provided. When a consolidation is decided upon, it shall be the duty of the board to give notice to the ordinary of the county of intention of such consolidation, with the names and locations of the affected schools. It shall then be the duty of the ordinary, within ten days of such notice by the board, to issue the call of an election to be held not less than fifteen nor more than thirty days from the date of such call. The date of such election and the purpose thereof, including the names of the schools affected, shall be published in the official organ of the county once a week for two weeks immediately preceding the date of the election. Only those persons living in the attendance area of the

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affected schools, and who are qualified to vote for members of the General Assembly of Georgia, shall be eligible to vote in this election. The votes in each area shall be counted separately and a majority of those persons voting in every affected attendance area must vote in favor of consolidation before it shall become effective. If a majority of those persons voting in one or more affected attendance areas vote against consolidation, it shall not be effective, and no consolidation of any of the schools involved may be effected within a period of one year from the date of the election. It shall be the duty of the ordinary to canvass the ballots and certify the results of the election. It shall be the further duty of the ordinary to certify such results to the State Board of Education and to the Secretary of State. The expense of the election shall be borne by the county. Provided, that no election for the purpose of consolidating a particular school district or districts shall be held more than once every twelve months. Counties. Procedure. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 21, 1953. MILLEDGEVILLE STATE HOSPITALEXAMINATIONS TO DETERMINE ELIGIBILITY FOR DISCHARGE. No. 744 (House Bill No. 936). An Act to provide for the periodic examination of inmates of the Milledgeville State Hospital for the purpose of determining eligibility for discharge; to provide that any inmate eligible for discharge shall be given an opportunity to decline to accept discharge; 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 Superintendent of the Milledgeville State Hospital is hereby directed to cause periodic examinations to be made by members of his staff of all inmates of said institution for the purpose of determining whether any of such inmates have recovered or been restored to sanity sufficiently to authorize their discharge from said hospital. The results of such examinations and the diagnosis made in each case shall be reduced to writing and filed with the Superintendent, whose duty it shall be, if he finds the results and diagnosis made at such examination to be correct, to authorize the discharge or release of every inmate found to be recovered and restored to sanity. Examinations. Discharge. Section 2. Any inmate who is offered his discharge or release from said institution by virtue of Section 1 of this Act or for any other reasons, and who has no guardian, friend or next of kin willing or able to care for him, and is unable to care for himself, shall be given an opportunity to decline to accept such discharge or release and to remain in the care and custody of the officials of said hospital. Patient may refuse discharge, when. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. TWIGGS SUPERIOR COURTTERMS. No. 746 (House Bill No. 913). An Act to amend an Act creating the Dublin Judicial Circuit, approved August 18, 1911 (Ga. Laws 1911, p. 81) as amended by Acts approved August 16, 1912 (Ga. Laws 1912, p. 101) and March 15, 1935 (Ga. Laws 1935, p. 856) so as to change the terms of holding superior court in Twiggs County from two terms to four terms; to prescribe the times for such terms; 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 approved August 18, 1911 (Ga. Laws 1911, p. 81) as amended by Acts approved August 16, 1912 (Ga. Laws 1912, p. 101) and March 15, 1935 (Ga. Laws 1935, p. 856) is hereby amended by striking from Section 6 of said Act, so much thereof as relates to Twiggs County, and by substituting in lieu thereof the following: The terms of Court of Twiggs County shall be the second Monday in January, April, July and October. The judge of said court shall draw a jury for only two terms thereof for each year. Terms. 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 local bill to change the terms of the Superior Court of Twiggs from two terms thereof to four terms thereof each year. Same to be held on second Monday in January, April, July October. Judge of said court to draw jury for two terms thereof. This the 2nd day of Nov. 1953. J. Brady Johnson, Representative Twiggs County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Brady Johnson, who, on oath, deposes and says that he is Representative of Twiggs county, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era, which is the official

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organ of Twiggs County on the following dates: November 5, 12, and 19, 1953. /s/ J. Brady Johnson Representative, Twiggs County. Sworn to and subscribed before me, this 23 day of Nov., 1953. /s/ Frank H. Edwards Notary Public Notary Public, Georgia, State at Large. My commission expires October 18, 1955. Notarial seal affixed. Approved December 18, 1953. FORTUNE TELLING, ETC.COUNTY CONTROL. No. 755 (House Bill No. 686). An Act to authorize the governing authorities of the various counties to prohibit, regulate or levy a tax upon fortune telling and similar businesses; 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 revenues, or other governing authority of any county, may by proper order or resolution, prohibit, regulate or tax the practice of fortune telling, phrenology, astrology, clairvoyance, palmistry, or other kindred practices, businesses or professions, where a charge is made or a donation accepted for such services, and where such practice is carried on outside the corporate limits of the municipality. The tax, if any, which is imposed shall not exceed the sum of one thousand dollars per year. Regulation. Tax.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. JURORS IN JUSTICE COURTSCOMPENSATION. Code 6-407 Amended. No. 756 (House Bill No. 501). An Act to amend Section 6-407 of the Code of Georgia of 1933, relating to the compensation of jurors for service in the justice court, so as to change the compensation of jurors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 6-407 of the Code of Georgia of 1933, relating to the compensation of jurors for service in the justice court, is hereby amended by striking the figure $2.50 in line three of said section and inserting in lieu thereof the figure $10.00, so that said section when so amended shall read as follows: Code 6-407 amended. The compensation of jurors for services in justice courts shall be as follows: For each verdict, the jury making and returning the same shall be entitled to the sum of $10.00, to be paid by the party in whose favor the verdict is rendered, and divided equally among the jurors, and taxed in the bill of costs; and said jurors shall not receive further compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953.

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DEEDS TO SECURE DEBTREVERSION OF TITLE. Code 67-1308 Amended. No. 758 (House Bill No. 937). An Act to amend an Act of the General Assembly of Georgia approved March 27, 1941 (Ga. Laws 1941, p. 487), appearing as Section 67-1308 of the Annotated Code of Georgia which provides a limit upon enforcing conveyances of real property to secure debt and provides for reversion of title and when powers of sale shall be exercised, by providing a new means of preventing reversion of title after twenty years from maturity and setting forth how the holder and owner of a deed to secure debt or debts may prevent reversion after twenty years from maturity, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia approved March 27, 1941 (Ga. Laws 1941, p. 487), appearing as Section 67-1308 of the Annotated Code of Georgia, be and the same is hereby amended in the following particulars: Section 1. By striking the last sentence of Section 1 of said Act, which reads as follows: It shall be the duty of the clerks of the superior courts to record renewals herein provided for as herein authorized, for which services the clerks shall be entitled to the same fees allowed for recording deeds and adding to said Section in lieu thereof the following as a substitute therefor: ; and provided further that if the grantee, his personal representatives, heirs, successors or assigns, or any of them, if more than one, or an officer of a corporation having an interest, shall, at any time before title reverts as herein provided, make and cause to be recorded upon the record of such conveyance or elsewhere in the public records with a notation of the place of record thereof on the record of such conveyance, or upon the conveyance if not

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recorded, an affidavit setting forth the name and address of the owner and holder of the debt and the deed securing the same, the nature of the claim, the amount due thereon, the date of the last payment thereon, the maturity date of said indebtedness and, if said debt has been renewed or extended, the terms of such renewal or extension, and a description of the property conveyed therein, the conveyance and record thereof shall remain of full force and effect and title shall not revert for twenty years from the maturity of said indebtedness as shown by said affidavit unless the debt or debts be paid sooner. It shall be the duty of the clerks of the superior courts to record renewals and affidavits herein provided for as herein authorized, for which services the clerks shall be entitled to the same fees allowed for recording deeds., so, that said Section 1 of said Act of the General Assembly, when so amended, shall read as follows: Sec. 1, Act of 1941, (Code 67-1308) amended. That title to real property conveyed to secure a debt or debts shall revert to the grantor, his heirs, personal representative, successors, and assigns at the expiration of twenty years from the maturity of such debt or debts, or the maturity of the last installment thereof, as stated or fixed in the record of such conveyance (or in the conveyance if not recorded), or, if the maturity is not stated or fixed, at the expiration of twenty years from the date of the conveyance as stated in the record (or in the conveyance if not recorded), or, if the maturity is not stated or fixed and the conveyance is not dated, at the expiration of twenty years from the date the conveyance is recorded (or is delivered if not recorded); Provided, That foreclosure, by suit or by exercise of power of sale, started prior to reverter of title shall prevent such reverter if such foreclosure be completed without delay chargeable to the grantee, his heirs, personal representatives, successors or assigns: Provided further, That if the grantee, his personal representatives, heirs, successors or assigns, or any one of them if more than one, or an officer of a corporation having an interest, shall, at any time before title reverts as herein provided, make and cause to be recorded upon the record of such conveyance or elsewhere in the public records with notation of the

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place of record of the renewal on the record of such conveyance (or upon the conveyance if not recorded), a written renewal of the debt or debts secured or such part thereof as are not fully paid, and are not barred, the renewal to be signed by the original grantor, his heirs, personal representatives, or successor in title to the real estate conveyed, of which renewal shall be dated, the conveyance and record thereof shall remain of full force and effect and title shall not revert for an additional period of twenty years from the date of such renewal, unless the debt or debts be paid sooner; and provided further that if the grantee, his personal representatives, heirs, successors or assigns, or any of them, if more than one, or an officer of a corporation having an interest, shall, at any time before title reverts as herein provided, make and cause to be recorded upon the record of such conveyance or elsewhere in the public records with a notation of the place of record thereof on the record of such conveyance, or upon the conveyance if not recorded, an affidavit setting forth the name and address of the owner and holder of the debt and the deed securing the same, the nature of the claim, the amount due thereon, the date of the last payment thereon, the maturity date of said indebtedness and, if said debt has been renewed or extended, the terms of such renewal or extension, and a description of the property conveyed therein, the conveyance and record thereof shall remain of full force and effect and title shall not revert for twenty years from the maturity of said indebtedness as shown by said affidavit unless the debt or debts be paid sooner. It shall be the duty of the clerks of the superior courts to record renewals and affidavits herein provided for as herein authorized, for which services the clerks shall be entitled to the same fees allowed for recording deeds. Reversion of title. Section 2. This Act shall be effective on or after the date of its approval by the Governor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953.

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INCOME TAXES. Code 92-3109 Amended. No. 759 (House Bill No. 989). An Act to amend Subsection (m) of Section 92-3109 of the Code of Georgia, as amended, which provides for the deduction of a net operating loss of one year from income of certain other years, and the enactment and amendments of which failed to clearly express the intent of the General Assembly that said subsection should follow the Federal law as nearly as practicable, in order to clearly express the intent of the General Assembly to so follow Federal law and to further limit the deduction and clearly define the scope of the loss carry-back and carry-over applicable to all years since the General Assembly first enacted the law allowing the deduction, by adding a new subparagraph to said subsection, to be designated as Paragraph (1) (A), which shall define net income for the purposes of said subsection as income computed without benefit of deduction for income taxes, personal exemption and credit for dependents, said definition to apply to the year of loss and the year to which such loss is carried; by striking Paragraph (2) of said subsection in its entirety and substituting in lieu thereof a new paragraph, applicable to a gain in the first effective year, to provide for adjustments to the net carry-over for two years next preceding such first year; by striking Subparagraph (B) of Paragraph (3) and substituting a new subparagraph in lieu thereof, to provide for the elimination of certain deductions otherwise allowable but not attributable to a trade or business and for elimination of personal exemption and credit for dependents for the purpose of computing net income or a net loss under said subsection; by adding a new subparagraph to Paragraph (3) of said subsection, to be designated as Subparagraph (3) (F) to provide that no income taxes shall be allowed as a deduction in computing a net operating loss; by adding a new paragraph in 2 parts, to be designated as Subparagraphs

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(6) (A) and (6) (B) to provide that the adjustments provided for in Subparagraphs (3) (A) (C) (D) and (E) of said subsection, as such adjustments are applicable to the year or years to which a net operating loss is carried, shall be made to the net operating loss carried back, in the case of Subparagraph (A), or carried over, in the case of Subparagraph (B); 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, as amended, be further amended, in order to clearly express the original intent of the General Assembly in first enacting into law the deduction of a net operating loss of one year from income of certain other years, and in subsequent amendments, to provide for adjustments to the net operating loss carry-back and carry-over, to bring the adjustments more nearly in accord with adjustments provided in the Federal law relating to the deduction, to provide that certain deductions otherwise allowable shall not be allowed for the purposes of this subsection and that such deductions shall reduce the amount of carry-back and carry-over loss, to provide for a definition of net income for the purposes of this subsection, and for other intents, by adding a new subparagraph to be designated as Subparagraph (1) (A), by striking Paragraph (2) in its entirety and substituting a new Paragraph (2) in lieu thereof, by striking Subparagraph (3) (B) in its entirety and substituting a new Subparagraph (3) (B) in lieu thereof, and by adding new subparagraphs to be designated as Subparagraphs (3) (F), (6) (A) and (6) (B), said new paragraph and new subparagraphs to read as follows: Code 92-3109 amended. (m) (1) (A) As used herein the term taxable income, or net income shall be deemed to be the net income computed without benefit of the deduction for income taxes, personal exemption and credit for dependents. The net income of the taxable period to which the

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net operating loss deduction, as adjusted, is carried, shall be the net income before the deduction of Federal income taxes, personal exemption and credit for dependents, and such income taxes, exemption and credits shall not be used to increase the net operating loss which may be carried to any other taxable period. Taxable income. (m) (2) With respect to the first year ending on or after February 15, 1952, in the event of a net operating gain in such year there shall be allowed as a deduction the net operating loss carry-over for the two taxable years next preceding, except, that the carry-over shall be further adjusted by subtracting therefrom the amounts, for the three such taxable years, as provided for in Paragraphs (3), (A), (C), (D), and (E), of this subsection. (m) (3) (B) In the case of a taxpayer other than a corporation, deductions, not including Federal income taxes, not attributable to the operation of the trade or business shall be eliminated from the deductions otherwise allowable for the taxable year to the extent that they exceed gross income not derived from such trade or business. Personal exemption and credit for dependents shall not be a deduction for the purpose of computing a net operating loss. (m) (3) (F) Effective for all taxable years ending on or after February 15, 1952, no income taxes shall be allowed as a deduction in computing a net operating loss. (m) (6) (A) Net operating loss carry-back.If, for any taxable year ending on or after February 15, 1952, the taxpayer has a net operating loss, such net operating loss shall be a net operating loss carry-back for the preceding taxable year, except, that the carry-back shall be further adjusted by subtracting therefrom the amounts, for such preceding taxable year, as provided for in Paragraphs (3), (A), (C), (D), and (E), of this subsection. Net operating loss carry-back.

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(m) (6) (B) Net operating loss carry-overif, for any taxable year ending on or after February 15, 1952, the taxpayer has a net operating loss, such net operating loss shall be a net operating loss carry-over for each of the five succeeding taxable years, except, that the carry-over shall be further adjusted by subtracting therefrom the amounts, for each such succeeding taxable year, as provided for in paragraphs (3), (A), (C), (D), and (E), of this subsection. Net operating loss carry-over. Section 2. Be it further enacted that, inasmuch as this Act expresses original intent of the General Assembly in first enacting into law this Subsection 92-3109 (m) of the Georgia Code, the provisions of this Act shall be in full force and effect for all taxable years ending on or after February 15, 1952, which was the date of the first enactment of said subsection. Section 3. Be it further enacted by the authority aforesaid, that if any part of this Act shall be unconstitutional, the remaining parts or portions 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 this Act be and the same are hereby repealed. Approved December 18, 1953. EVIDENCE OF COMMUNICATIONS WITH INSANE PERSON OR ONE SINCE DECEASED. Code 38-1603 Amended. No. 760 (Senate Bill No. 162). An Act to amend Paragraph 3 of Secton 38-1603 of the Code of Georgia relating to the competency of witnesses in suits instituted or defended by a corporation, by providing that no officer or agent of a corporation

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shall be admitted to testify to transactions or communications with an opposite party who is insane at the time of trial; nor shall such officer or agent be permitted to testify, against an opposite party who is the personal representative of a deceased person, as to transactions or communications with such deceased person. Be it enacted by the General Assembly of Georgia as follows: Section 1. That Paragraph 3 of Section 38-1603 of the Code of Georgia relating to the competency of witnesses in suits instituted or defended by a corporation is hereby amended by adding to said paragraph at the end thereof the following: Nor shall an officer or agent of a corporation be admitted to testify to transactions or communications with an opposite party who is insane at the time of trial; nor shall such officer or agent be admitted to testify, against an opposite party who is the personal representative of a deceased person, as to transactions or communications with such deceased person. so that said paragraph of said section, when so amended, shall read as follows: Code 38-1603 amended. 3. Where any suit shall be instituted or defended by a corporation, the opposite party shall not be admitted to testify in his own behalf to transactions or communications solely with a deceased or insane officer or agent of the corporation; nor shall an officer or agent of a corporation be admitted to testify to transactions or communications with an opposite party who is insane at the time of trial; nor shall such officer or agent be admitted to testify, against an opposite party who is the personal representative of a deceased person, as to transactions or communications with such deceased person. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953.

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MINORSCONTRIBUTION TO DELINQUENCY OF. No. 761 (House Bill No. 886). An Act to provide for a penal statute making it a misdemeanor for anyone to contribute to the delinquency of a minor; 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. When any parent, guardian, or person having the custody, control or supervision of any delinquent or neglected child, or any other person has knowingly and wilfully encouraged, aided, caused, abetted or connived at such state of delinquency or neglect, or has wilfully done any act or acts which he knew or should have known would produce, promote or contribute to, or tend to produce, promote or contribute to the conditions which render such a child delinquent or neglected, such parent, guardian or other person shall be guilty of a misdemeanor and may be punished as for a misdemeanor. Misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. MILLEDGEVILLE STATE HOSPITALTRIAL AS TO LUNACY OF PATIENTS. Code 35-236, 35-237 Amended. No. 762 (House Bill No. 795). An Act to amend Section 35-236 of the Code of Georgia of 1933, relating to a lunacy trial of persons at Milledgeville State Hospital, so as to provide that such

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trial may be demanded by all patients; to provide that it may be had in the Superior Court or the Court of Ordinary of Baldwin County; to provide the method for impaneling a jury in the ordinary's court; to amend Section 35-237 of the Code of Georgia of 1933, relating to how such trial may be demanded, so as to provide for grounds and procedure; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 35-236 of the Code of Georgia of 1933, relating to a lunacy trial of persons at Milledgeville State Hospital, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 35-236 to read as follows: Code 35-236 amended. 35-236. Before or after admission of a patient, resident or nonresident, by certificate, the person alleged to be a lunatic, or his friend or relative, may make a demand of the superintendent for a trial of the question of lunacy by jury, which shall be had without delay, according to law, in the county of Baldwin. Such trial may be had in the superior court or the court of ordinary of said county and a hearing must be set for a date within fifteen days after filing of petition provided by law. Trial as to lunacy. If the trial is had in the court of ordinary, the ordinary shall draw 100 names from the jury box of Baldwin County and place them in a box from which 24 names shall be drawn to make up the jury panel. If any of the 24 shall be excused, the ordinary shall draw a sufficient number of names to make up the panel. Each side shall be allowed six strikes. Jury in court of ordinary. Section 2. Section 35-237 of the Code of Georgia of 1933, relating to how such trial may be demanded, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Section 35-237 to read as follows: Code 35-237 amended.

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35-237. The like demand and trial may be had by all patients who have been adjudged lunatics, if the person demanding it, being relative or friend, will follow the procedure set out hereinafter. A verified petition must be filed which must allege any one or more of these grounds: (1) The alleged cause of commitment did not exist; (2) the alleged cause of commitment does not exist; (3) the conviction was obtained by fraud, collusion or mistake. Regardless of how many grounds are alleged, it shall only be necessary to prove one. Demand for trial. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL COMMISSIONAPPROPRIATION. No. 763 (House Bill No. 848). An Act to amend the General Appropriations Act 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 (Acts 1953, pp. 151 through 174) so as to provide an appropriation of $75,000.00 to aid in carrying out the provisions set out in an Act entitled Franklin D. Roosevelt Warm Springs Memorial Commission; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. The General Appropriations Act approved February 20, 1953, as set out in the Acts of 1953, pages 151 through 174, be, and the same is, hereby amended by adding another subsection to said Act to be known as Section, to read as follows:

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Franklin D. Roosevelt Warm Springs Memorial Commission. To aid in carrying out the provisions set out in an Act entitled `Franklin D. Roosevelt Warm Springs Memorial Commission'$75,000.00. Appropriation. Section 2. It is hereby provided that said funds may be used by the commission in carrying out its duties and for the purpose of acquiring land as provided in said Act. Section 3. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 18, 1953. MONEY FROM FEDERAL GOVERNMENT FOR LEASE OF LAND IN ALLATOONA RESERVOIR BASIN. No. 764 (House Bill No. 962). An Act to provide for disbursement of money received by the State of Georgia from the United States of America from leasing of lands in the Allatoona Reservoir Basin. Be it enacted by the General Assembly of Georgia: That whereas pursuant to the provisions of United States Code Title 33, Section 701c (3) the Secretary of the Treasury of the United States is directed to pay 75 per centum of all moneys received and deposited in the treasury of the United States during any fiscal year on account of the leasing of lands acquired by the United States for flood-control purposes to the State in which such property is situated to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county, or counties, in which such property is situated: Provided, That when such property is situated in more than one State or county, the distributive share to each from the proceeds of such property shall be proportional to its area therein.

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Therefore the Treasurer of the State of Georgia be and he is hereby directed to pay and disburse such funds as have heretofore been received by the State of Georgia, and which may hereinafter be received by the State of Georgia from the United States of America in connection with the Allatoona Lake and Reservoir Basin situated in Cobb, Cherokee and Bartow Counties, to such respective counties, the distributive share to each from the proceeds of such property shall be as follows: Each of said counties shall receive such part of such funds as is proportionate to the amount of land acquired by the United States of America in each of said respective counties in connection with the construction of the said Allatoona Lake and Reservoir; as shown by the records of the Corps of Engineers of the U. S. Army. Said moneys so received by said counties to be expended by them solely for the benefit of the public schools and public roads of said counties. Distribution. Approved December 18, 1953. RECORD OF INSTRUMENTS AFFECTING REAL AND PERSONAL PROPERTY IN CERTAIN COUNTIES. Code 24-2715 Amended. No. 765 (House Bill No. 969). 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 20,500 and not more than 20,900, 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

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index; to provide 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 which shall read as follows: Code 24-2715 amended. Provided, however, that in all counties of this State having a population of not less than 20,500 and not more than 20,900, 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 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

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time of filing and the book and page where recorded. Counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. HUNTING WHILE INTOXICATED. No. 766 (House Bill No. 792). An Act to provide that it shall be unlawful for any person while hunting in the woods of this State to carry firearms while under the influence of any intoxicating beers, wines or liquors; to provide that such act shall be punishable by misdemeanors; 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 for any person to hunt in the woods of this State with firearms while under the influence of any intoxicating wines, beers or liquors. Any person convicted of violating this law shall be guilty of misdemeanor. Misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby amended. Approved December 18, 1953.

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JURY DUTYATTORNEYS AT LAW EXEMPT. Code 59-112 Amended. No. 767 (House Bill No. 797). An Act to exempt attorneys at law from jury duty in any of the courts of this State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 59-112 of the Code, relating to persons who are exempt from jury duty, is hereby amended by adding thereto a new paragraph, immediately preceding the last paragraph, and to read as follows: Code 59-112 amended. Any person admitted to practice law in this State is hereby exempt from all jury duty, civil and criminal, in any of the courts of this State, provided, however, that this exemption shall not operate to disqualify those attorneys at law who may wish to serve as jurors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. BANK LOANS UPON COLLATERAL. Code 13-2017 Amended. No. 768 (Senate Bill No. 169). An Act to amend Article XIX, Section 17, of the Banking Laws of Georgia (Acts 1919, p. 135, approved August 16, 1919) codified in Section 13-2017 of the Georgia Code of 1933, relating to loans upon collateral, by repealing the last sentence in said section which

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prohibits loans secured by the stock of another corporation where stock of such corporation held as collateral exceeds in the aggregate twenty (20) percent of the capital stock of such corporation. Be it enacted by the General Assembly of Georgia, as follows: Section 1. Section 17 of Article XIX of the Banking Laws of Georgia, enacted August 16, 1919 (Acts 1919, pp. 135, 199), as codified in Section 13-2017, in the Georgia Code of 1933, is hereby amended by striking and repealing the last sentence if said section, reading as follows: No bank shall make a loan secured by the stock of another corporation if by the making of such loan the total stock of such corporation held by it as collateral will exceed in the aggregate twenty (20) percent of the capital stock of such corporation. So that as so amended said Section 13-2017 of the Code of Georgia, 1933, shall read as follows: Code 13-2017 amended. No bank shall lend more than thirty (30) percent of its capital and unimpaired surplus on the stock of any corporation, although such stock may be pledged to it by several separate borrowers, and where loans are made direct to the corporation, without ample security, these direct loans shall be included in such total of thirty (30) percent. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953.

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NOTARIES PUBLICQUALIFICATIONS. Code 71-102 Amended. No. 770 (House Bill No. 504). An Act to amend Section 71-102 of the Code of Georgia, relating to qualifications of a notary public, as provided in an Act approved March 27, 1947 (Ga. Laws 1947, p. 1108), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1940), so as to change the age of a notary public; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 71-102 of the Code of Georgia, relating to qualifications of a notary public, as provided in an Act approved March 27, 1947 (Ga. Laws 1947, p. 1108), is hereby amended by striking the figure 21 and inserting in lieu thereof the figure 18, so that Section 71-102 when so amended shall read as follows: Code 71-102 amended. Section 71-102. A notary must be 18 years old, or an attorney at law; a citizen of the United States; a resident of Georgia, and a resident of the county from which he is appointed; and of good moral character. Qualifications. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. BLUE RIDGE JUDICIAL CIRCUITJUDGE'S SALARY. No. 771 (House Bill No. 918). An Act to amend an Act approved February 8th, 1950,

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entitled: An Act to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Circuit in the amount of $2,000.00 per annum, and to apportion the cost of the same among the several counties of said circuit by striking Section One of said Act and by reapportioning the same among the five counties now in said circuit based upon the population of each county according to the 1950 U. S. census, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. By striking Section one of said Act and inserting in lieu thereof the following section: That the commissioner of roads and revenues, board of county commissioners of roads and revenues, or other authority having control of the expenditure of county funds, of the counties of Cherokee, Fannin, Forsyth, Gilmer and Pickens, are hereby required to supplement the salary of the Judge of the Superior Court of the Blue Ridge Judicial Circuit in the following amounts: Cherokee will pay the sum of $632.00; Fannin will pay the sum of $462.00; Forsyth will pay the sum of $336.00; Gilmer will pay the sum of $300.00; Pickens will pay the sum of $270.00 per annum. Apportionment among counties. Section 2. Be it further enacted that this Act shall become effective on the 1st day of January, 1954. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved December 18, 1953.

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SUPERIOR COURT CLERKS' RETIREMENT SYSTEM AMENDED. No. 773 (House Bill No. 854). An Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), so as to provide for the filling of vacancies on the board of commissioners; to provide for a quorum; to provide for payment into the fund by the clerks; to provide 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 providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. Laws 1952, p. 238), is hereby amended by adding a new paragraph to Section 1, to read as follows: Sec. 1, Act of 1952, amended. In case a vacancy occurs on the board in the seat occupied by the chairman of the superior court clerks' group, the remaining members shall elect a person to fill the vacancy until the position of chairman of the clerk's group is filled, at which time the person who fills such position shall become a member of the board. In case a vacancy occurs in either of the two seats occupied by the two clerks who are elected for a term of two years, the remaining members of the board shall elect a person to fill the unexpired portion of the term. In case a vacancy occurs in either of the two seats occupied by the Governor and the Attorney-General, the person who serves as Governor or Attorney-General, as the case may be, shall become a member of the board. Three members of the board shall constitute a quorum for the conducting of business. Vacancies on board. Section 2. Said Act is further amended by striking

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Section 7, relating to payment into the fund by the clerks, and inserting in lieu thereof a new Section 7 to read as follows: Sec. 7 amended. Section 7. Any clerk in order to participate in the benefits provided for in this Act shall make application to the superior court clerks' retirement fund of Georgia upon blanks to be furnished for that purpose by the board, giving such information as may be required by the board. He shall pay a monthly sum into the fund which shall be either 5% of the money received for official services as clerk, or $15.00 per month, whichever is the smaller sum. In computing the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of his office so that said 5% shall be based on his net income from said office. All clerks who make application and are accepted for membership in the fund shall furnish the board under oath with a statement of their monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due hereunder. No payments shall be made to the board earlier than for the month of April, 1952. Provided, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income for his services the sum of $3600.00 or more per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than $180.00 for each year. If the sum paid in by such clerk through monthly remittances does not amount to $180.00, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. Provided further, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income from his services a sum less than $3600.00 per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than 5% of the sum which he receives for each year. If the sum paid in by such clerk through monthly remittances does not amount to such 5%, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. Payments into fund by clerks.

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Section 3. Said Act is further amended by striking Section 16, relating to retirement, and inserting in lieu thereof a new Section 16 to read as follows: Sec. 16 amended. Section 16. Any other provisions of this Act to the contrary notwithstanding, a clerk may terminate his official duties as clerk and be eligible for retirement benefits if he has fulfilled the qualifications necessary therefor in the preceding provisions of this Act, but if he has not reached the age of fifty-five at the time he terminates his official duties, he shall not commence receiving his retirement benefits until he reaches that age. Retirement. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. COUNTY BOARDS OF EDUCATIONSELECTION IN CERTAIN COUNTIES. No. 775 (House Bill No. 253). An Act to provide that the members of county boards of education shall be selected by the last grand jury immediately preceding the expiration of the term of the member that the member to be selected will replace; 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 county boards of education in those counties in which the grand jury selects such members pursuant to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, as amended, shall be selected by the last grand jury immediately preceding the expiration of the term of the member that the member to be selected will replace.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1953. ABSENTEE VOTING BY MEMBERS OF MILITARY FORCES. No. 782 (House Bill No. 661). An Act to amend an Act providing for absentee voting by members of the military, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), so as to provide for definitions; to provide for qualification dates; to provide the time for holding primary elections; to provide for the furnishing of ballots; 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 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 duties and authorities thereof; to make provisions relating to registration and voting by the military; to provide for the costs thereof; to provide for the termination of this Act; to repeal conflicting laws; and for other purposes., approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 244), is hereby amended by inserting after the words Army of the United States in Section 4, the

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words the United States Air Force, so that when so amended Section 4 shall read as follows: Sec. 4, Act of 1953, amended. 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 Air Force, 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 2. Said Act is further amended by striking Section 8, relating to notice of candidacy and dates for primaries, in its entirety and inserting in lieu thereof a new Section to read as follows: Sec. 8 amended. 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 forty-five days prior to the general election, except in cases where a second primary election is necessary, and in such event notice of candidacy shall be filed as soon thereafter as possible, but not later than five days after such second primary. Notice of candidacy and dates for primaries. 2. Whenever any political party shall hold primary elections for nomination of candidates for 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, the same shall be held on one and the same day throughout the State, which shall be on the second Wednesday in September of each year in which there is a regular general election.

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3. All candidates for nomination 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 shall qualify as such candidates in accordance with the rules of the party calling the primary and within such time as may be provided by such rules, but not less than forty-five days prior to the date of the holding of such primary, except that this provision shall not apply to special primary elections to fill vacancies. Section 3. Said Act is further amended by striking Section 18, relating to expense, in its entirety and inserting in lieu thereof a new Section 18 to read as follows: Sec. 18 amended. 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. In every case where the use of air mail will facilitate voting by such members of the military, the officials administering this Act shall use such air mail. Expenses. Section 4. Said Act is further amended by striking Section 19, relating to expiration date, in its entirety and inserting in lieu thereof a new Section 19 to read as follows: Sec. 19 amended. Section 19. This Act shall continue of force until repealed or modified by the General Assembly. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953.

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DAMAGE ACTIONS AGAINST MUNICIPAL CORPORATIONSDEMAND PREREQUISITE. Code 69-308 Amended. No. 783 (House Bill No. 255). An Act to amend Section 69-308 of the 1933 Code of Georgia, relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to person or property and the suspension of the running of the statute of limitations during the time that the demand for payment is pending, by adding at the end of the fourth line of said section immediately following the word first and immediately preceding the word presenting the following: and within six (6) months of the happening of the event upon which such claim is predicated; providing for exceptions to the provisions hereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That Section 69-308 of the 1933 Code of Georgia be and the same is hereby amended by adding at the end of the fourth line of said section, immediately following the word first and immediately preceding the word presenting the following: and within six (6) months of the happening of the event upon which such claim is predicated, and by adding the following sentence at the end of said section: nothing in this section shall apply to those municipal corporations whose present or future charters require the presentation of such claims within a less period of time than six (6) months. so that, as amended, said section shall read as follows: Code 69-308 amended. 69-308. Demand prerequisite to suit for injury to person or property: suspension of limitations.No person, firm or corporation, having a claim for money damages

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against any municipal corporation on account of injuries to person or property, shall bring any suit at law or equity against said municipal corporation for the same, without first, and within six (6) months of the happening of the event upon which such claim is predicated, presenting in writing such claim to the governing authority of said municipality for adjustment, stating the time, place, and extent of such injury, as nearly as practicable, and the negligence which caused the same, and no such suit shall be entertained by the courts against such municipality until the cause of action therein shall have been first presented to said governing authority, for adjustment; Provided, that upon the presentation of such claim said governing authority shall consider and act upon the same within 30 days from said presentation, and that the action of said governing authority unless it results in the settlement thereof, shall in no sense be a bar to a suit therefor in the courts: Provided, that the running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part. Nothing in this section shall apply to those municipal corporations whose present or future charters require the presentation of such claims within a less period of time than six (6) months. Demand. Suspension of limitations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. DRIVER'S LICENSEAPPLICATION BY PERSONS UNDER 18. No. 785 (House Bill No. 958). An Act to provide that the application of all minors under the age of 18 years for a motor vehicle driver's license shall be signed by one of the minor's parents, if living, or if not, by his guardian, or if married by

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his employer, or by teacher, or minister or if not that such application must be accompanied by a certified birth certificate; to provide that the Director of Public Safety shall not issue such a license unless application meets one of those requirements of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The application of any minor under the age of 18 years for an operator's license to drive a motor vehicle upon the streets, roads, and highways within this State shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if living and have custody of such applicant, or in the event neither parent is living then by the person or guardian having such custody, or if such applicant is married by applicant's employer, or in the event there is no guardian or employer then by applicant's licensed school teacher or licensed minister. Section 2. In the event the provisions of Section 1 are not complied with, said application of a minor under the age of 18 years for an operator's license to drive a motor vehicle upon the streets, roads, and highways, within this State shall be accompanied by and have attached thereto a certified copy of such applicant's birth certificate showing the date of his birth. Section 3. The Director of Public Safety shall not issue an operator's license to any minor under the age of 18 years unless and until the requirements of Section 1 or in lieu thereof the requirements of Section 2, hereof have been complied with and met. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 22, 1953.

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TEACHERS' RETIREMENT SYSTEM AMENDED. No. 789 (House Bill No. 896). An Act to amend an Act establishing retirement system for certain teachers in the public and State-supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to make provisions for teachers becoming members and continuing as of the teachers' retirement system of Georgia who are employed by employers operating a local retirement fund; to provide for procedure; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing a retirement system for certain teachers in the public and State supported schools, approved March 15, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding a new paragraph to Section 9 relating to members of local retirement funds, to be known as Paragraph (8) to read as follows: Sec. 9, Act of 1943, amended. (8) Any teacher who, at the time this paragraph becomes law, is employed by an employer operating a local retirement fund and any teacher who is employed by such an employer subsequent to the time this paragraph becomes law, may elect to become a contributing member of the teachers' retirement system of Georgia only, however, if such employer authorizes the teacher so employed to become such a member. If such a teacher does so elect and becomes a contributing member, the credits which he has accumulated prior to the date he becomes such member shall be credited to his account with the teachers' retirement system of Georgia as a contributing member. Any teacher who is a contributing member of the teachers' retirement system of Georgia and who is employed by an employer operating a local retirement fund subsequent to the time this paragraph becomes law may elect to continue as a contributing member of the

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teachers' retirement system of Georgia upon authorization of such employer. No employer who operates a local retirement fund shall make the authorization specified in this paragraph if the authorization conflicts with the statutes setting up such local retirement system. Once a teacher has elected to become and becomes a contributing member of the teachers' retirement system of Georgia or continues as a contributing member of the teachers' retirement system of Georgia under the provisions of this paragraph, he shall not then be allowed to return to membership in the local retirement fund. Any teacher who becomes a contributing member or continues as a contributing member of the teachers' retirement system of Georgia, as provided in this paragraph, shall be subject to the provisions of this Act, as amended, as are other teachers who are contributing members of the teachers' retirement system of Georgia and the employer of any such teacher shall be subject to the provisions of this Act, as amended, as are other employers. Where local retirement system. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. INACTIVE ACTIONSDISMISSAL. No. 790 (House Bill No. 746). An Act to provide for the dismissal of suits in the courts of this State when they have been pending for a period of five years or longer; to provide for the dismissal of suits which have already pended in any of the courts of this State for a period of five years or longer; to provide how such suits may be continued as pending suits; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same:

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Section 1. From and after the passage and approval of this Act, any suit filed in any of the courts of this State in which no written order is taken for a period of five years the same shall automatically stand dismissed with costs to be taxed against the prty plaintiff. For the purposes of this bill an order of continuance will be deemed an order. Automatic, when. Section 2. All suits which are pending upon the effective date of this Act shall automatically stand dismissed five years from the date of the approval of this Act unless an order shall be taken therein as provided above. Section 3. The sections of this Act are declared to be severable, and the invalidity of one or more portions of this Act shall not be held to affect the remainder thereof. Section 4. All laws or parts of laws in conflict herewith are hereby repealed. Approved December 22, 1953. AUTOMOBILE LICENSE PLATES, ETC. Code 68-214 Amended. No. 791 (House Bill No. 961). An Act to amend Section 68-214 of the 1933 Code of Georgia, as amended, especially as amended by an Act approved March 20, 1943 (Ga. Laws 1943, pp. 314-343), relating to vehicle license plates, descriptions, transfers, duplicates, fees and penalties for violation; so as to change the size of the metal license plates; to provide effective dates; to require the issuance of permits for out-of-state motor trucks; to provide for fees to be paid for such permits; to provide for a highway use tax on out-of-state motor trucks; to provide for

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reciprocal agreements; to provide for regulations by the State Revenue Commissioner; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: PART I. Section 1. Section 68-214 of the 1933 Code of Georgia as amended, especially as amended by an Act approved March 20, 1943 (Ga. Laws 1943, pp. 314-343) relating to vehicle license plates, descriptions, transfers, duplicates, fees and penalties for violation, is hereby amended by striking the figures 5- and 12- from the third sentence of said section and inserting in lieu thereof the figures 6 and 12, so that said section when amended shall read as follows: Code 68-214 amended. Upon receipt of the application and the payment of the required fee, the State Revenue Commissioner shall file the application, register the vehicle, assign to it a distinctive serial number, and make the same a matter of record. The Commissioner shall furnish also without cost one metal number plate showing thereon the serial number designated to such vehicle. Number plates shall be of metal at least 6 inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number and abbreviation of the name of the State, and such other distinctive markings as in the judgment of the Commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the number plates were issued. The said number plats may also bear such figures, characters, letters, or combinations thereof, as in the judgment of the Commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as `The Peach State.' Duplicate number plates, when one of the originals has been lost, defaced, or destroyed, may be obtained from the Commissioner upon filing affidavit setting forth the facts of such loss or destruction,

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and the payment of a fee of $1. A number, when issued, shall not be transferred from one vehicle to another, and shall not be used by any other person or upon any motor vehicle other than the one to which it is assigned, and any use of said number by an other person or persons in any manner not provided for in this law shall be a violation of said law; Provided, however, that where a motor vehicle has been duly registered in the office of the State Revenue Commissioner, and the number assigned to said vehicle for the year, the owner of said motor vehicle to which said number has been assigned may, upon sale or exchange of said motor vehicle, transfer and assign the number assigned to said motor vehicle to the purchaser of said machine, by registering such transfer in the office of the State Revenue Commissioner and by paying 50 cents, which shall accompany said transfer of registration, and upon said transfer the assignee of said number shall stand in the position of the original person in whose name such number is recorded. Plates, descriptions, etc. Any automobile operated in the State of Georgia after April 1, of that year, that does not have attached to the rear thereof a tag showing the payment of license for said year said motor vehicle shall be stored at the owner's risk and expense by any law enforcing officer of the State of Georgia: Provided that where the owner of said vehicle does present to said officer evidence that a tag has been ordered, and the purchase price thereof sent to the State Revenue Commissioner, but that said tag has not been delivered to said owner, then said owner shall not be subject to the penalty aforesaid. Section 2. The effective date of Part I of this Act shall be January 1, 1955. Effective date. PART II. Section 1. Motor truck permit, application fee. In addition to any other provision of law relating to registration of motor vehicles, or fees paid therefor, a person owning and/or operating a motor truck, as herein defined,

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upon the highways of the State, which is not registered in this State, shall apply to the State Revenue Commissioner for a highway use permit, for each such motor truck to be so operated. Application shall be made upon a form prescribed by such Commissioner and shall set forth such information as the Commissioner may require. The application shall be accompanied by a permit fee of $10.00 for each motor truck listed in the application. The Commissioner shall issue a permit and an identification tag, plate or sticker for each such motor truck, which tag, plate or sticker shall be of such size and design and contain such information as the Commissioner shall prescribe. Any such permit and tag, plate or sticker shall be valid for the same period of time as provided by law for license tags issued to motor vehicles in Georgia. Such permits shall be carried in the motor truck and the tag, plate or sticker shall be affixed to said motor truck and at all times be visible and legible. Motor truck permit, application fee. Section 2. Additional tax, fee or toll. In addition to the permit fee herein provided, a person operating a motor truck on the highways of this State, which truck is registered in a state or province which imposes upon motor trucks registered in this State a tax, fee or toll for the privilege of operating such truck upon the highways of such state or province, which is in addition to any tax, fee or toll imposed upon gasoline or other motor fuel purchased within such state or province, or registration fee, shall pay a fee of $10.00 for each round trip into this State in lieu of a tax computed and applied in the same manner as the tax, fee or toll of such other state or province so long as such tax, fee or toll imposed by such other state or province shall remain in force. Additional tax, fee or toll. Section 3. The State Revenue Commissioner shall collect the taxes and fees imposed by this part of this Act and he is authorized to make such rules and regulations and prescribe such forms as are necessary to carry out the provisions of this part of this Act. Rules and regulations. Section 4. The Reciprocal Commission of Georgia is authorized to enter into reciprocal agreements with appropriate

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officials of any other state or province under which such commission may waive all or any part of the tax, fee or toll herein imposed upon a similar waiver by such other state or province. Reciprocal agreements. Section 5. Definition: motor truck. As used in this Act, the words motor truck shall include any motor vehicle having a gross weight of 18,000 pounds or over, designed and used for the transportation of merchandise or freight. Motor truck defined. Section 6. Penalties. It shall be unlawful for any person: A. To operate a motor truck subject to the provisions of this Act upon any public highway in the State without first obtaining the permit required under Section 1 of this Act; or B. To violate any regulation issued by the Commissioner pursuant to the authority granted hereunder; or C. To fail to file any return or report required by said Commissioner; or D. To make a false return or fail to keep records of operations as may be required by the Commissioner. Any person who violates any provision of this section, upon first conviction shall be punishable by a fine of not less than $100.00 or more than $250.00; and upon a second or subsequent conviction, by a fine of not less than $250.00 or more than $500.00, or by imprisonment for not more than thirty days, or both. Section 7. The effective date of Part II of this Act shall be January 1, 1954. PART III. Section 1. If any part or section of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the

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remaining parts, sections or portions of the Act, it being the legislative intent to enact each part and each section hereof separately. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. PERSONS WITH CONTAGIOUS TUBERCULOSIS. No. 792 (House Bill No. 802). An Act to define contagious tuberculosis; to require the State Board of Health to promulgate rules and regulations relating to the control of contagious tuberculosis; to empower the county boards of health to enforce these rules and regulations and require isolation of any person having contagious tuberculosis who endangers public health by violating such rules and regulations; to provide for commitment to the State Tuberculosis Hospital or such other hospital as may be approved and supported by the State Board of Health for the care of tuberculosis patients of any person who endangers public health by violating such rules, regulations, or orders after having been notified to desist; to prescribe the procedure on the hearing for commitment; to provide for an examination of such persons prior to the hearing; to provide for confinement pending hearing; to provide for enforcement of such orders as may be issued by the court by attachment for contempt; to provide for discharge of such persons from the State Tuberculosis Hospital; to provide that the provisions of this Act shall not apply to anyone who observes the rules, regulations and orders for the control of contagious tuberculosis; to provide for the return of such persons to the State Tuberculosis Hospital who have left such hospital without having been discharged by the superintendent or the officer in charge; 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. Contagious tuberculosis as used in this Act is tuberculosis in form where tubercle bacilli are being discharged whether continuously or at irregular intervals. Such contagious tuberculosis shall have the same meaning as infectious tuberculosis and communicable tuberculosis and is hereby declared to be dangerous to the public health. Contagious tuberculosis. Section 2. The State Board of Health shall promulgate such rules and regulations as are deemed necessary to protect the public health against contagious tuberculosis and such other rules and orders as will provide for necessary isolation of persons known to have contagious tuberculosis. State Board of Health, rules and regulations. Section 3. The county boards of health or their duly authorized agents shall enforce rules and regulations for the protection of public health in their respective limits and shall require such isolation as is deemed necessary of any person who has contagious tuberculosis and who endangers public health by violating the rules and regulations promulgated by the State Board of Health to protect the public health against contagious tuberculosis. Rules of county boards. Section 4. When it is brought to the attention of any local board of health or the State Board of Health or any of their duly authorized agents that any person known to have or suspected of having contagious tuberculosis is violating the rules, regulations or orders promulgated by the State Board of Health, and is thereby conducting himself so as to expose other persons to danger of infection, after having been directed by the State, or local board to comply with such rules, regulations or orders, the local board or State Board of Health or their duly authorized agents shall institute proceedings by petition, for commitment, returnable to the superior court of the county wherein such person resides, or if such person be a non-resident or has no fixed place of abode, then in

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the county wherein such person may be found. Strictness of pleading shall not be required and a general allegation that the public health requires commitment of the person named therein shall be sufficient. Petition to commit infected persons. Section 5. Immediately upon such petition being filed, the judge of the superior court shall set the matter down for a hearing either during term time or in vacation, which time of hearing shall be not less than 5 days nor more than 15 days subsequent to filing. Where prayed for in the petition, the judge shall also provide as a part of such order, for the examination of such person named in said petition by a licensed physician, which shall include sputum examinations by a laboratory approved by the Georgia Department of Public Health, and a recent chest X-ray picture of good diagnostic quality interpreted by a licensed physician. Such order shall require the person named in the petition to appear for examination at the time and place required by due and proper notice from the person or persons named in said order to make such examination. Any X-ray picture and report or any written report as to sputum examinations, certified by the Georgia Department of Public Health shall be admissible in evidence without the necessity of the personal testimony of the person or persons making such examination and report. All court costs incurred in proceedings under this Act, including examinations required by order of court, but excluding any examinations procured by the person named in the petition, shall be borne by the county wherein the proceedings are brought. Hearing, examinations, etc. Section 6. Where danger exists that the person named in the petition may abscond or conceal himself, or where the danger to public health is imminent, the court may, as a part of the order hereinbefore referred to, direct the sheriff or his deputies to take such person into custody pending hearing, and confine him in such suitable quarters as will not endanger other persons. Arrests. Section 7. A copy of the petition and order shall be served on the person named in such petition, and any

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failure of such person to comply with said order or the notice by the persons appointed therein to make said examinations shall be enforceable by attachment for contempt. Service of petition and order. Section 8. The person or persons appointed by said order to make the examination shall file a report thereof, in triplicate, in the court wherein the proceeding is pending. The clerk of the superior court shall forthwith make service of one copy on the party instituting the proceeding and one copy on the party named as defendant therein, which services may be by mail or such other means as will reasonably insure delivery. Report of examination. Section 9. Upon the hearing set in the order, the court, after considering the petition, the report of the examination, if any, and such other evidence as may be produced by the parties, shall pass an order, either dismissing the petition or committing the defendant to the custody of the sheriff of said county or his deputies to be delivered to the Superintendent of the Battey State Hospital or such other institution as may be approved and supported by the State Board of Health for the care of tuberculosis patients. The costs of transporting such person to said hospital shall be paid out of general county funds. Commitment hearing. Section 10. Such order shall be subject to review at the instance of either party, by direct bill of exceptions. Bill of exceptions. Section 11. Upon commitment, the patient shall be confined in Battey State Hospital, or such other hospitals as may be approved and supported by the State Board of Health for the care of tuberculosis patients until such time as the superintendent thereof determines that the patient no longer has contagious tuberculosis or that his discharge will not endanger public health. Commitment. Section 12. Anytime after commitment the patient, or any friend or relative having reason to believe that such patient no longer has contagious tuberculosis or that his discharge will not endanger public health, may

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institute proceedings by petition, in the superior court of the county wherein the confinement exists, whereupon the judge of said court shall set the matter down for a hearing before him within 15 days requiring the person or persons to whose care the patient was committed, or their duly authorized agents, to show cause on a day certain why the patient should not be released. The judge shall also require that the patient be allowed the right to be examined prior to the hearing by a licensed physician of his own choice, if so desired and at his own personal expense. Thereafter all proceedings shall be conducted the same as on proceedings for commitment with the right of appeal by either party by direct bill of exceptions; Provided, however, such petition for discharge shall not be brought or renewed oftener than once every six months. Proceedings to discharge from hospital. Section 13. No person having contagious tuberculosis who in his home or other place obeys the rules and regulations of the State Board of Health for the control of contagious tuberculosis or who voluntarily accepts care in a tuberculosis institution, sanatorium, hospital, his home, or other place and obeys the rules and regulations of the State Board of Health for the control of contagious tuberculosis shall be committed as hereinbefore prescribed. Voluntary compliance with rules and regulations. Section 14. Any person committed as hereinbefore provided who leaves the State Tuberculosis Hospital or such other institution to which he has been committed without having been discharged by the superintendent or other officer in charge shall be taken into custody and returned thereto by the sheriff of any county where such person may be found, upon affidavit being filed with said sheriff by the superintendent of the hospital or duly authorized officer in charge thereof, to which said person had been committed. Unauthorized leaving of hospital. Section 15. 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

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such court shall not affect or impair any of the remaining provisions. Section 16. The provisions of this Act shall become effective thirty (30) days after the State Board of Health shall have adopted the rules and regulations provided for in Section 2 of this Act. Effective date. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. INSANE PERSONSRESTORATION TO SANITY. No. 794 (House Bill No. 892). An Act to amend an Act, relating to the method by which restoration of sanity may be established, approved March 27, 1947 (Ga. Laws 1947, p. 1174), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 188), so as to provide that a petition may be brough while the person is still in the Milledgeville State Hospital; to provide that the ordinary shall transmit a certified copy of the verdict to the Superintendent of the Milledgeville State Hospital; 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 means whereby restoration to sanity and capacity may be established by judgment of the court of ordinary; the procedure therefor and the effect thereof; and for appeal to the superior court by parties at interest dissatisfied with the judgment of the court of ordinary in such cases; to prescribe the duties of the persons commissioned by the ordinary in such cases; to provide for the attendance of

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witnesses and examination on oath and for compulsory process to compel attendance of witnesses; to fix the costs payable in such cases and the manner of payment thereof; to repeal Sections 49-609 and 49-610; and for other purposes., approved March 27, 1947 (Ga. Laws 1947, p. 1174), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 188), is hereby amended by adding to Section 1 the following: Such petition may be brought even though such person is still in the custody and control of the authorities at Milledgeville State Hospital and confined therein., so that Section 1 when so amended shall read as follows: Section 1. Any person who has been restored to sanity and capacity after having been adjudged a lunatic or a person of unsound mind may, personally or by attorney, petition the ordinary of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment of restoration to sanity. Such petition may be brought even though such person is still in the custody and control of the authorities at Milledgeville State Hospital and confined therein. Petition. Section 2. Said Act, as amended, is further amended by adding to Section 3 the following: It shall be the duty of the ordinary to transmit a certified copy of the verdict to the Superintendent of the Milledgeville State Hospital, who shall keep a permanent file and record of all such verdicts., so that Section 3 when so amended shall read as follows: Section 3. Said commission shall convene after the expiration of the ten-day notice herein provided, shall examine the petitioner and hear such testimony as it deems necessary and return its verdict and findings to the court within a period of thirty (30) days from the issuance of said commission. Said verdict, if it complies with the law as to form, shall be approved by the ordinary and immediately filed and recorded by the ordinary upon his minutes, and, in the absence of appeal, shall constitute a final judgment, binding upon all parties, as to the mental condition of the applicant on the date of

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the return of said verdict by said commission. It shall be the duty of the ordinary to transmit a certified copy of the verdict to the Superintendent of the Milledgeville State Hospital, who shall keep a permanent file and record of all such verdicts. Commission. Judgment. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. SUPERIOR COURT REPORTER EMERITUS ACT AMENDED. No. 795 (House Bill No. 747). An Act to amend an Act entitled An Act to provide for the creation of the office of Superior Court Reporter Emeritus, to prescribe eligibility for the incumbent, to provide the term, duties and compensation of incumbent, and for other purposes, approved February 12, 1952 (Ga. L. 1952, p. 79.) Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: An Act entitled An Act to provide for the creation of the office of Superior Court Reporter Emeritus, to prescribe eligibility for the incumbent, to provide the term, duties and compensation of incumbent, and for other purposes, approved February 12, 1952 (Ga. L. 1952, p. 79) is hereby amended by striking in its entirety Section 2 of said Act, and substituting therefor the following, to be known and numbered as Section 2 of said Act: Sec. 2, Act of 1952, amended. Section 2. Any reporter or court stenographer in any superior court judicial circuit who has served as court reporter for forty (40) or more consecutive years in the same circuit shall be eligible for appointment, and shall

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be appointed by the judge of the superior court of the circuit upon application by him for such appointment, as court reporter emeritus. A year shall be construed to mean, for the purposes of this Act, all or any portion of a calendar year during which such reporter served as official reporter under appointment by the presiding judge of the circuit. Service requirement. Be it further enacted, that all laws and parts of laws in conflict with this Act as hereby amended are hereby repealed. Approved December 22, 1953. STATE ART COMMISSION. No. 796 (House Bill No. 876). An Act to create an Art Commission for the State of Georgia; to provide for the composition for such commission; to provide for disqualification of members; to provide for an annual report; to provide for definitions; to provide for the approval of works of art becoming property of the State; to provide for the acceptance of works of art; to provide for review of presently owned works of art; to provide for compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Establishment; members and officers; quorum.There shall be an Art Commission for the State of Georgia, in the executive branch of the government, composed of the Governor, ex officio, and five persons appointed by him. One shall be appointed from the Department of Art, Division of Fine Arts, University of Georgia; one from a list of at least three (3) nominated by the Telfair Academy, Savannah, Georgia; one from

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a list of at least three (3) architects nominated by the governing board of the Chapter of the American Institute of Architects existing within the State; one from a list of painters and sculptors nominated by the officers of the Association of Georgia Artists; and one from the State at large. The first commission shall hold office as follows: Two members to serve for a term of three years; one member to serve for a term of four years; two members to serve for a term of five years. The Governor in making said appointments shall designate the holders of the respective terms. Successors to the persons so appointed shall hold terms of office for four years from the expiration of the previous term except appointments to fill vacancies, which shall be for unexpired terms. The Governor shall have authority to fill all vacancies in the manner of the original appointments. From their own members they shall elect such officers as may be deemed proper. Three commissioners shall constitute a quorum. Commission. Members and officers. Quorum. Section 2. Disqualification of members. Any member of the commission who shall be employed by the State to execute a work of art or structure of any kind requiring submission to the commission, or who shall take part in a competition for such work of art or structure, shall be disqualified from voting thereon, and the temporary vacancy thereby created shall be filled in the manner prescribed in the preceding section for filling vacancies. Disqualification of members. Section 3. Annual report. The commission shall make an annual report of its proceedings to the Governor, who shall lay it before the General Assembly. Annual report. Section 4. Meaning of term work of art. The term work of art as used in this chapter shall apply to and include all paintings, mural decorations, stained glass, statues, bas-reliefs, tablets, sculptures and monuments of a permanent character intended for ornament or commemoration. Work of art. Section 5. The Governor, with advice of Art Commission, to approve works of art becoming property of

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State; removal, etc.; structures and fixtures. (1) Works of art. Hereafter no work of art shall become the property of the State by purchase, gift or otherwise, unless such work of art or a design thereof, together with its proposed location, shall have been submitted to and approved by the Governor acting with the advice and counsel of the Art Commission; nor shall any work of art, until so submitted and approved, be contracted for, placed in or upon or allowed to extend over any property belonging to the State. No existing work of art owned by the State shall be removed, relocated or altered in any way without submission to the Governor. Approval of works or art to be acquired. Section 6. When requested by the Governor or by the General Assembly, the commission shall have the authority to review any one or all the works of art already on property of the State and to make recommendations to the Governor as to matters of restoration, removal, relocation, evaluation of the worth, and/or any other disposition of such works of art. Any action on such recommendations shall be within the discretion of the Governor or General Assembly as the case may be. Review of present holdings. Section 7. Works of art accepted by Governor; approval by Art Commission. The Governor is authorized to accept, in the name of the Commonwealth, gifts to the Commonwealth of works of art as defined in Section 4. But no work of art shall be so accepted until submitted to the Art Commission or otherwise brought to its attention provided that the Governor shall have the final authority to accept or reject regardless of the recommendations of the commission. Acceptance. Section 8. Compensation. The members of the commission shall receive no compensation for their services, but shall be entitled to receive actual expenses incurred by them while attending meetings of the commission and for travel to and from said meetings, however, said commission shall be limited to not more than four (4) regular meetings per year, and each of said meetings to be limited to not more than forty-eight hours, provided that the Governor may call the commission into special session

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at any time and for such length of time as specified by the Governor. Expenses. Section 9. All laws or parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. ELECTRIC MEMBERSHIP COOPERATIVES ACT AMENDED. Code 34A-128 Amended. No. 799 (House Bill No. 972). An Act to amend an Act entitled, An Act providing for the formation of cooperative non-profit membership corporations to be known as electric membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services, to its members; providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; Providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing existing corporations organized for the same general purpose to re-incorporate hereunder, and validating certain acts, covenants, contracts, and obligations of such corporations; and for other purposes. approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, especially as amended by an Act approved February 15, 1950 (Ga. Laws 1950, p. 233), so as to provide for changing of the bylaws as to elections and holding of meetings of electric membership corporations; to provide for the sale, mortgage, lease, or other disposition

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of property of an electric membership corporation upon the affirmative vote of the majority of the entire membership of the corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 12 of an Act entitled An Act providing for the formation of cooperative non-profit membership corporations to be known as electric membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities electrical and plumbing equipment and services, to its members; providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing existing corporations organized for the same general purpose to re-incorporate hereunder, and validating certain acts, covenants, contracts, and obligations of such corporations; and for other purposes. approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, especially as amended by an Act approved February 15, 1950 (Ga. Laws 1950, p. 233), is hereby amended by striking Subsection (1) of said section in its entirety and inserting in lieu thereof a new Subsection (1) which shall read as follows: Sec. 12, Act of 1937, amended. (1) The power to adopt and amend bylaws, except bylaws affecting election of the board of directors, and the calling of the regular and special meetings of members of the corporations, these bylaws to be adopted or amended by a majority vote of the members of the corporations present at a regular or special meeting. The bylaws of a corporation may contain any provisions relating to the management and regulation of the affairs of the corporation not inconsistent with law or its charter,

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including, though not by way of limitation, provisions regulating the admission, withdrawal, suspension, or expulsion of members; the transfer of memberships; the fees and dues of members and the termination of memberships for non-payment of fees, dues, or otherwise; the number, times, and manner of choosing, qualifications, terms of office, official designations, powers, duties and compensations of its officers; defining a vacancy in the board or in any office, and the manner of filling it; the number of members to constitute a quorum at meetings, the date of the annual meeting and the giving and waiving of notice thereof and the holding of special meetings and the giving and waiving of notice thereof; the terms and conditions upon which the corporation is to render service to its members, the disposition of the revenues and receipts of the corporation; regular and special meetings of the board and the giving and waiving of notice thereof. Bylaws. Section 2. Section 16 (e) of said Act, as amended, especially as amended by an Act approved February 16, 1950 (Ga. Laws 1950, p. 233) codified as Section 34A-128 of the Code (Supplemental Pocket Part) is hereby amended by striking Paragraph 2 of said Subsection (e) and inserting in lieu thereof a new paragraph, so that Subsection (e) when amended, shall read as follows: Code 34A-128 amended. (e) 1. The board of directors of a corporation shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the corporation, whether acquired or to be acquired, and wherever situated, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the corporation to United States of America or any agency or instrumentality thereof. Encumbrances of property, etc. (e) 2. A corporation may not otherwise sell, mortgage,

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lease or otherwise dispose of or encumber all or a substantial portion of its property to another corporation or a foreign corporation doing business in this State pursuant to this Chapter or to the holder or holders of any notes, bonds or other evidences of indebtedness issued to the United States of America or any agency or instrumentality thereof, unless such sale, mortgage, lease or other disposition or encumbrance is approved by the affirmative vote of the majority of the entire cooperative. The vote is to be held at either a regular or special meeting of the cooperatives. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. ORDINARIES' RETIREMENT SYSTEM. No. 802 (Senate Bill No. 177). An Act to provide for retirement benefits for the ordinaries of Georgia, to provide a retirement fund therefor, to create a board to administer said fund, to fix its powers and duties, to provide for payments into said fund and for disbursements therefrom, and to repeal conflicting laws and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: 1. There is hereby created a board to be known as The Commissioners of the Ordinaries Retirement Fund of Georgia. Said board shall consist of five members. The Governor of Georgia, the Attorney-General of Georgia, and the Chairman of the Ordinaries Group of the County Officers Association of Georgia shall be ex officio members of said board. The other two members of the board shall be elected by the Ordinaries group at their

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annual meeting. The Chairman of the Ordinaries Group of the County Officers Association shall name two members to serve until such time as said group shall meet and elect the other two members of said board. At their annual meeting the Ordinaries Group of the County Officers Association shall elect one member to serve on the board for a term of one year and one member for a term of two years. Thereafter, each person elected to membership on the board shall serve for a term of two years. The terms of the first two members elected, as provided herein, shall begin on January 1, 1955 and all terms thereafter shall begin on the first day of January of the appropriate year. The members of said board shall serve without pay and shall be reimbursed for their actual expenses in attending the meetings of the board. Board. 2. There is hereby created the office of secretary-treasurer of said board and the secretary-treasurer shall be selected and appointed by the board and shall serve at the pleasure of the board. His compensation and duties may be fixed by the board, not to exceed five thousand dollars per annum. Secretary-treasurer. 3. The board shall have control of all funds provided for in this Act and all funds shall be received and disbursed in a special account to the credit of said board. The expenses of administering this fund and the benefits provided for in this Act shall be paid from said funds. The board shall have authority to expend the funds in accordance with the provisions of this Act and to invest any of the funds in any investments which are legal investments for trust funds under the laws of the State of Georgia. Funds. 4. The said board is hereby granted the following powers and duties: To provide for the collection of all monies provided in this Act, to pay the administrative expenses of the board, to hear and decide all applications for retirement benefits provided for herein, to make payment of all retirement benefits that may be determined to be due under the terms of this Act, to make all necessary rules and regulations not inconsistent with

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the laws of the State of Georgia for its government and for the government of the employees of said board, to determine and fix rules of eligibility of persons to receive retirement benefits, to make refunds and repayments to persons who may be entitled to receive same and to keep all records of its meetings and to have all other powers necessary for the purpose of administering the provisions of this Act. Powers and duties of board. 5. The board shall keep permanent records of all persons who qualify to participate in the benefits of this Act and shall keep an accurate record of all payments and disbursements and a detailed record of all the acts and doings of the said board. Records. 6. The board may take by gift, grant or bequest any money, real or personal property, or any other thing of value and hold or invest the same for the use and purposes of said fund in accordance with the provisions of this Act. Property; investments. 7. Before any ordinary shall be eligible to participate in the benefits provided for in this Act, he shall make application to the board hereby created upon blanks to be furnished for that purpose by the board and give such information as may be required by the board. He shall also pay a monthly sum to the board to be deposited in the retirement fund, which shall be five percent of the money received for his official services as an ordinary. In computing the above percentage, the ordinary shall be allowed to deduct any sums which he must spend for the operation of his office so that said sum shall be based on the net income from his office. If an ordinary is on a salary, he shall pay five percent of his salary each month. All ordinaries who have made application for membership in the fund shall furnish the board under oath with a statement of their monthly earnings each month and shall remit the amount due not later than the tenth day of each subsequent month. Payment shall be paid by each ordinary for the month following his acceptance as a member of said fund. Contributions by ordinary to fund.

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8. The sum of one dollar for each marriage license sold in each county of this State in which said ordinary has elected to come under the provisions of this Act shall be paid to the board. This amount shall be deducted from the cost of marriage licenses by each ordinary and retained by him. Then, by the tenth day of each succeeding month each ordinary shall remit the amount so collected and retained to the board. It shall be the duty of each ordinary to keep accurate records of the number of marriage licenses sold and such records may be audited by the board at any time. If any ordinary should fail to accurately report the amounts retained by him and fail to remit the proper amount to the board as provided herein, the board shall have authority to declare such ordinary ineligible for participation in the retirement fund herein created. The sums remitted to the board under this paragraph shall be used for the purpose of paying retirement benefits herein provided for and the cost of administration incurred by the board, provided, however, the sum of $1.00 as provided herein shall be in addition to the fees now prescribed for such services. Fees on marriage licenses. 9. In order to be eligible to receive the retirement benefits provided for in this Act, an ordinary must have served twenty years, and at least eight years of such service must have been as ordinary of his county and four years must have been served continuously as ordinary immediately preceding his retirement. Subject to the restrictions herein set out an ordinary in computing such service may include service as clerk of the superior court, tax collector, tax receiver, sheriff or court reporter, county treasurer and such time as he may have served as a deputy of either of said officials. No person shall be eligible for the retirement benefits provided herein unless he has paid into the fund the amount provided for in this Act for three years' service immediately preceding his retirement. Retirement service requirements. 10. Any ordinary who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to one-half of his salary or compensation as such ordinary based upon his last four years of service

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immediately preceding his retirement. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the board as provided for in this Act, and no person shall be eligible for benefits provided herein until his official duties as ordinary shall have been terminated. Before being eligible for said retirement benefits, such person shall file application for the benefits within ninety days, or as soon thereafter as possible, from the time of the termination of his official duties. Benefits. 11. In the event any ordinary should be defeated for re-election or should die before he has been paid retirement benefits in an amount equal to the five percent of the money received for his official services as ordinary, then he shall be paid the difference between the amount he has received and the total amount of the five percent which he has paid into the fund. Defeat in election, etc. 12. In the event the funds derived from the sources provided for in this Act shall not be sufficient at any time to enable the board to pay in full each person determined to be entitled to the benefits, then the prorated percentage of such payments shall be made to each person until the funds shall be replenished sufficiently to enable the board to resume such payments in accordance with the terms of this Act. Before resuming such payments, all persons who have received deficient payments shall be paid in full. In no event shall the board or a member thereof be liable to any person for any deficiency in payments made under this section. If funds inadequate. 13. No one shall be eligible for retirement benefits under the provisions of this Act until he has reached the age of sixty years. Age requirement. 14. The board shall have authority to require the secretary-treasurer to give a good and sufficient surety bond in an amount to be determined by the board, the bond to be payable to the board and shall be conditioned upon the proper and faithful performance of the duties

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as such secretary-treasurer. The treasurer shall be required to make quarterly reports to the board showing all receipts and disbursements in such form and in such manner as the board may require and he shall likewise be required quarterly to make a full account of all monies or property coming into his hands at any time. Secretary-treasurer. 15. The State Auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the legislature in such detail as he may see fit. The State Auditor shall also have the right to audit the affairs of the board and any of its employees at any time that he may see fit or that he may be requested to do so by the board or by the Governor. Audits. 16. If any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. ROAD SIGNS. No. 803 (Senate Bill No. 217). An Act prohibiting the erection or maintenance of signs used as route markers, or direction signs, for the purpose of guiding traffic in the State of Georgia along any portion of the State-aid system of roads: placing exclusive jurisdiction in the State Highway Board and its representatives for the placing of signs, marking highway, routes and directions over the entire State-aid system of roads; providing a penalty for the violation thereof; repealing all laws in conflict herewith; 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 that from and after the passage of this Act there is hereby vested in the State Highway Board of Georgia and its representatives exclusive authority and jurisdiction for the erection and maintenance of signs along the highways of this State composing the State-aid system of roads as it now or hereafter exists. The State Highway Board and its representatives are hereby vested with the exclusive authority and are hereby directed to place all signs along the State-aid system of roads which are used as route markers, direction signs, or warning signs. No person, firm or corporation other than the State Highway Board and its representatives is authorized to erect or maintain any directional sign, any route marker, or any sign of any character or nature in conflict with signs maintained by the State Highway Board for the purpose of directing traffic, either on the State right-of-way or on private property. Exclusive jurisdiction in Highway Board. Be it further enacted that any person, firm or corporation violating the provisions of this Act shall upon conviction in a court of competent jurisdiction, be punished as for a misdemeanor. Misdemeanor. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved December 22, 1953. BAR EXAMINATIONSAPPLICATIONS. No. 804 (House Bill No. 488). An Act to provide for the presentation of applications for admission to the bar of the State of Georgia. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same:

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Section 1. All applications for admission to the bar by examination must be presented by the applicant to the judge of the superior court of the county in which the applicant resides, or in which he has read law, or if a citizen of this State in which he is stationed in military or naval service, at least ninety days before the first day of the examination at which such applicant desires to be examined. Presentation. Section 2. Said application may be made by mail or in person, provided, however, it must conform with the requirements of the rules promulgated by the Justices of the Supreme Court of the State of Georgia now in force and effect, and must be accompanied by a receipt from the Chairman of the Board of Bar Examiners for a deposit of $5.00, said deposit to be credited against the examination fee set by the Justices of the Supreme Court of the State of Georgia upon the ultimate standing of the examination. Fee. Section 3. This Act shall become effective as to examination for admission to the bar held more than one year after the passage and approval of this Act. Section 4. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved December 22, 1953. SALES TAX ACT AMENDED. No. 805 (House Bill No. 893). An Act to amend Section 10 of the Act known as the Georgia Retailers' and Consumers' Sales Tax and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, pp. 360, 371-372), which provides procedure for credit where similar tax has been paid in another State, so as to provide that no credit shall be given if the other

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State does not give credit for taxes paid in Georgia; 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 known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, pp. 360, 371-372), which provides procedure for credit where similar tax has been paid in another State, is hereby amended by adding at the end of said section the sentence: No credit shall be given under this section for taxes paid in another State, if that State does not grant like credit for taxes paid in Georgia. so that said section when so amended shall read as follows: Sec. 10, Act of 1951, amended. Section 10. The provision of this Act shall not apply in respect to the use or consumption, or distribution, or storage of tangible personal property for use or consumption in this State upon which a like tax equal to or greater than the amount imposed by this Act has been paid in another State, the proof of payment of such tax to be according to rules and regulations made by the Commissioner. If the amount of tax paid in another State is not equal to or greater than the amount of tax imposed by this Act, then the dealer shall pay to the Commissioner an amount sufficient to make the tax paid in the other State and in this State equal to the amount imposed by this Act. No credit shall be given under this section for taxes paid in another State if that State does not grant like credit for taxes paid in Georgia. Credit for taxes paid in another State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953.

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MOTOR VEHICLESOPERATING FEES. Code 92-2902 Amended. No. 806 (House Bill No. 321). An Act to amend Section 92-2902 of the 1933 Code of Georgia, which relates to annual fees for operating motor vehicles, as amended, especially as amended by an Act approved December 24, 1937 (Ga. Laws, Ex. Sess., 1937-38, p. 259), so as to provide for fees for trailers operated exclusively under Class B Certificates issued by the Georgia Public Service Commission for the transportation of household, kitchen, office furniture and store fixtures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 92-2902 of the 1933 Code of Georgia, which relates to annual fees for operating motor vehicles, as amended, especially as amended by an Act approved December 24, 1937 (Ga. Laws, Ex. Sess., 1937-38, p. 259), is hereby amended by adding to the end of this section a new paragraph, which shall read as follows: Code 92-2902 amended. 18. For each trailer or semi-trailer equipped with pneumatic tires operated under the authority of Class B certificates issued by the Georgia Public Service Commission, and when certified by the Georgia Public Service Commission as being used exclusively in transporting household, kitchen, office furniture and store fixtures under authority of Class B Certificates, the rates shall be the same as set out in Paragraph 5 of this section. Trailers and semi-trailers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 23, 1953.

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INCOME TAX DEDUCTIONS. Code 92-3109 Amended. No. 807 (House Bill No. 990). An Act to amend Subsection (g) of Section 92-3109 of the Code of Georgia, as amended, which subsection provides for the deduction of contributions by individuals and corporations, and which has not been clear as to the intent of the General Assembly in amending said subsection in an Act approved February 15, 1952, Act No. 924, Georgia Laws of 1952, in that said Act did not provide for treatment of contributions in cases where the entire income is not taxable by the State, or where the net income is subject to apportionment, so as to provide for apportioning contributions on the same basis as income; to declare the original intent of the General Assembly in so amending said subsection; 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 (g) of Section 92-3109 of the Code of Georgia, as amended, be further amended, in order to clearly express the original intent of the General Assembly in amending said subsection by Act No. 924, Georgia Laws of 1952, that where income of a tax-payer is subject to apportionment, then contributions allowable as a deduction shall also be subject to apportionment or limited to 5% of income after all other deductions, by striking the period at the end thereof and inserting a semi-colon in lieu thereof and adding the following: ...; except that in the case of a corporation whose income is subject to apportionment under Section 92-3113 of the Code of Georgia, as amended, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio used in apportioning income to Georgia, or five per centum (5%) of the net income taxable by Georgia, whichever is smaller. If

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a corporation, whose entire net income is not taxable by Georgia, shall use any other method of apportioning income to Georgia, or which shall reduce its entire taxable income in any manner, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio that the net income taxable by Georgia after all other deductions bears to the entire net income of the corporation, or five per centum (5%) of the net income taxable by Georgia after all other deductions, whichever is smaller.; so that said subsection, when so amended, shall read as follows: Code 92-3109 amended. Section 92-3109 (g) Contributions or gifts.Contributions or gifts made within the income year to corporations or associations, including community chest funds, foundations, and trusts created solely and exclusively for religious, charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, in the case of individuals to an amount not in excess of 15 per centum of the taxpayer's gross income less business expenses, and in the case of corporations to an amount not in excess of 5 per centum of the corporation's net taxable income computed without benefit of this subsection; except that in the case of a corporation whose income is subject to apportionment under Section 92-3113 of the Code of Georgia, as amended, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio used in apportioning income to Georgia, or five per centum (5%) of the net income taxable by Georgia, whichever is smaller. If a corporation, whose entire net income is not taxable by Georgia, shall use any other method of apportioning income to Georgia, or which shall reduce its entire taxable income in any manner, the amount allowable shall not exceed the total amount of contributions multiplied by the ratio that the net income taxable by Georgia after all other deductions bears to the entire net income of the corporation, or five per centum (5%) of the net income taxable by Georgia after all other deductions, whichever is smaller. New section.

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Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act, with the exception of the last sentence of said subsection, shall be in full force and effect for all taxable years since the enactment of the last preceding amendment to said subsection and all future taxable years and that said last sentence of said subsection, as herein amended, shall be in full force and effect for all taxable years ending on or after the passage of this Act. Section 3. Be it further enacted by the authority aforesaid that if any part of this Act shall not apply, or should be declared unconstitutional, the remaining parts or portions 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 this Act be and same are hereby repealed. Approved December 22, 1953. SHRIMP, PRAWN, CRABS AND OYSTERS. Code 45-812, 45-818 Amended; 45-819 Repealed. No. 808 (House Bill No. 689). An Act to amend Chapter 45-8 of the Code relating to oysters, shrimp and prawn by removing the State taxes on shrimp, prawn and crabs caught in this State; to repeal an Act providing for the preparation of weekly reports as to all shrimp, prawn and crabs received in this State approved February 17, 1950 (Ga. Laws 1950, pp. 389, 390); to amend Section 45-812 of the Code, as amended, relating to dealers in oysters, shrimp and prawn, so as to eliminate therefrom certain requirements as to payment of tax and making of reports as to the amount of shrimp caught; to amend

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Section 45-818 of the Code relating to monthly reports so as to provide uniform provisions for the making of reports as to the catching and processing of shrimp, crabs and oysters; to repeal conflicting laws, and for other purposes. Section 1. Section 45-819 of the Code, as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 389), relating to the catching of shrimp, prawn and crabs without bringing same into Georgia ports for weighing and payment of taxes thereon, is hereby repealed in its entirety. Code 45-819 repealed. Section 2. Section 2 of an Act providing for the preparation of weekly reports as to shrimp, prawn, and crabs, approved February 17, 1950 (Ga. Laws 1950, pp. 389, 390), is hereby repealed in its entirety. Sec. 2. Act of 1950, repealed. Section 3. Section 45-812 of the Code, relating to dealers in oysters and shrimp, occupational tax, stamps, report and license, as amended by an Act approved March 24, 1937 (Ga. Laws 1937, p. 622), and an Act approved March 27, 1941 (Ga. Laws 1941, p. 368), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Code 45-812 amended. Section 45-812. All distributors or dealers (including canners who are distributors or dealers) who sell oysters in this State (except those importing and selling the same in the original package in which brought into the State) shall pay thereon an occupation tax as follows: One cent of each 60 ounces of canned oysters; two cents on each gallon of raw shucked oysters; five cents upon each bushel of oysters sold in the shell: Provided that nothing in this law shall be construed to place a tax upon or prohibit the sale of oysters for local consumption by peddlers or hucksters who sell direct to the consumer: Provided that no one person shall take or remove from the public beds more than 10 bushels of oysters in any one day for such purpose. Each package containing oysters canned in this State, or raw shucked oysters, or oysters

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in the shell, gathered in this State shall be stamped by the canner or dealer, or distributor, with quantity of oysters contained in each can, barrel or other package in which the same are offered for sale within the State or shipped therefrom. Each distributor or dealer, including the canners who are distributors or dealers, shall place stamps in the amount necessary upon each of said packages, to comply with the requirements of the payment of the occupation taxes hereinbefore set out. Occupation tax. (a) The inspector of coastal fisheries or any other person or officer of this State, shall not issue a license for any boat to trawl for shrimp in the waters of this State unless and until the following requirements have been complied with: (1) Each such boat shall be assigned a number by the inspector of coastal fisheries, under which such boat shall be licensed and operated, and it shall be the duty of the owner or operator of said boat to paint on each side of the cabin or deckhouse thereof the number so assigned in numerals at least two feet in height, with the barrel of the numerals four inches in width, and the paint used for said purpose shall be different from and in clear contrast in color to the boat on which applied. Shrimp trawlers. (2) The number so painted on said boat shall not be covered at any time while said boat is trawling or fishing for shrimp or prawn by any cloth or other object so as to obscure or make the same invisible to the public or to any inspector or agent. The inspector of coastal fisheries shall have the authority to issue a temporary permit to the owner or operator of any boat not now complying with these provisions under which said boat may be operated for a period not exceeding 15 days, during which time the owner or operator of said boat shall apply to the inspector of coastal fisheries for a license for said boat and said inspector shall assign a number to said boat and the person to whom said number is assigned, shall, within said 15 days and before the license for said boat is granted and delivered by the inspector, paint said number on the boat as above provided. It shall be

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unlawful for any person to trawl for shrimp or prawn without first having complied with the provisions of this Act, unless such person holds a permit which has not expired upon the boat used in such trawling. Any person who shall trawl for shrimp or prawn in the waters of this State without having complied wth, or in violation of, any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 27-2506 of the Code; and in addition to such punishment, the inspector of coastal fisheries, after such conviction, shall have the authority to revoke or suspend, either with or without a hearing, the license of any boat for six months or any part thereof. Any person who shall make any false, fraudulent or wilfully incorrect report to the inspector of coastal fisheries or his duly authorized agent, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided for in Section 27-2506 of the Code. Section 4. Section 45-818 of the Code, relating to monthly reports as to the amount of oysters and shrimp taken from Georgia waters, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Code 45-818 amended. Section 45-818. All persons owning or operating canning factories, shucking plants, or otherwise dealing in catching or supplying shrimp, crabs, or oysters for commercial purposes, shall keep a record in which shall be entered the amount of crabs, oysters, and shrimp taken from Georgia waters, the name of each person from whom they shall purchase crabs, oysters and shrimp, together with the date of purchase and quantity purchased; the name, number and approximate tonnage of the boat in which they were brought to the factory, the quantity canned and packed for shipment, and the date and amount of each shipment, as well as a record of all crabs, oysters and shrimp shipped raw and oysters sold in the shell, and make an itemized written report to the Director

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of the State Game and Fish Commission not later than the fifth day of each month. Such report shall also include such other information as may be required by the Director. They shall also keep on file a copy of the bill of lading for each shipment; said book and said file of bills of lading to be open at all times to the inspection of the Director or to his agents or employees, and they shall, between the first and 15th days of May in each year, make a report to the Director of the number of canned oysters and the number of stamps of each denomination on hand on the first day of May. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than $25 nor more than $200, or be sentenced to labor for not more than six months nor less than 30 days on the public works of the county. Reports. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. SALES TAX ACT AMENDED. No. 809 (House Bill No. 801). An Act to amend Section 11 of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, pp. 360, 372), which section relates to tangible personal property subject to the use tax, so as to provide that the use tax shall not apply to tangible personal property imported or caused to be imported into this State which was owned or acquired prior to the effective date of this Act by the person importing or causing the importing if such person furnishes proof of said ownership; to repeal conflicting laws; and for other related purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. That Section 11 of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1951, pp. 360, 372), relating to tangible personal property subject to the use tax, be and the same is hereby amended by adding at the end of said section the following: or unless proof is furnished that the tangible personal property imported or caused to be imported into this State was owned or acquired prior to the effective date of this Act., so that said section as amended shall read as follows: Sec. 11, Act of 1951, amended. Section 11. It is further specifically provided that the `use tax' shall not apply to tangible personal property owned or acquired in this State, or imported into this State, or held or stored in this State prior to the effective date of this Act. But, the `use tax' will apply to all tangible personal property imported or caused to be imported into this State on or after the effective date of this Act, unless said property has previously borne a sales or use tax in another State equal to or greater than the tax imposed by this Act or unless proof is furnished that the tangible personal property imported or caused to be imported into this State was owned or acquired prior to the effective date of this Act. Tangible personal property imported. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 22, 1953. INTANGIBLE PROPERTY TAX ACT. No. 811 (House Bill No. 354). An Act to levy and provide for the collection of taxes for the support of the government and the institutions of the State and for purposes authorized by the Constitution; to prescribe rates for the taxation for the year 1954, and each succeeding year, of certain property heretofore classified for taxation as intangible property;

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to define and provide for the taxation of long term notes secured by real estate; to levy and provide for the return and collection of a tax on the net worth of State-chartered building and loan associations and Federal savings and loan associations located within this State; to provide that banks incorporated under the laws of this State and State-chartered building and loan associations and Federal savings and loan associations located within this State shall be subject to taxation on an equal basis as, and enjoy the same immunities and exemptions as, banking associations incorporated under the laws of the United States; to provide for taxation of real estate held or owned by such building and loan or savings and loan associations and for the deduction of the value at which real estate is returned from the value of net worth of such building and loan and savings and loan associations; to provide for the distribution of taxes collected hereunder; to provide that if for any reason any long term note secured by real estate does not have placed thereon the stamp tax as provided by this Act, then such note shall be taxed at the rate of $3.00 on each $1,000 of the fair market value thereof; to provide that every instrument conveying encumbering, or creating a lien upon real estate shall set forth the correct amount of the notes secured by such instrument and the dates upon which such note or notes fall due; to provide that existing indebtedness for loans not made on the security of the instrument shall not be required to be set forth therein; to provide for the taxation of accounts receivable and notes not representing credits secured by real estate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: PART I. Section 1. (a) A property tax is hereby levied for the year 1954, and annually thereafter, as of the first day of January of each year at the rate of ten (10) cents on

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each one thousand ($1,000.00) dollars of the fair market value of all personal property classified for taxation as intangible property by the Act of the General Assembly of Georgia, enacted at the extraordinary session of 1937-1938, approved December 27, 1937, entitled An Act to classify property for taxation, as amended. Such property shall be taxed without deduction of any indebtedness or liability of the taxpayer. Tax. (b) The tax imposed by the foregoing shall not apply to any property exempted in Section 7 of the aforesaid Act of the General Assembly of Georgia, approved December 27, 1937, entitled An Act to classify property for taxation, as amended, or to any intangible personal property owned by a trust forming a part of a pension, profit-sharing or stock bonus plan exempt from Federal income tax under Section 165 (a) of the Federal Internal Revenue Code, or to long term notes secured by real estate, as defined in Section 3 of this Act, or to bonds or debentures of all corporations, or to stocks in foreign corporations or in foreign domesticated corporations, or to those classes of intangible personal property explicitly excluded under the provisions of Section 2 of the above entitled Act, approved December 27, 1937, as amended. The tax imposed by the foregoing section shall apply to credits of account holders (however evidenced) with every building and loan association incorporated under the Building and Loan Act approved December 24, 1937, and every building and loan association incorporated under Chapter 16-2 of the Code of Georgia of 1933, and every Federal savings and loan association having its principal office or place of business in this State. Exempt property. (c) The tax imposed by Subsection (a) of this Act shall not apply to accounts receivable and notes receivable not representing credits secured by real estate. (d) A property tax is also hereby levied for the years 1954 and 1955 at the rate of $3.00 of each $1,000.00 of the fair market value of all accounts receivable and notes not representing credits secured by real estate; for

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the year 1956 at the rate of $1.00 of each $1,000.00 of the fair market value of all accounts receivable and notes not representing credits secured by real estate; for the year 1957 and annually thereafter at the rate of 10 of each $1,000.00 of the fair market value of all accounts receivable and notes not representing credits secured by real estate. Any sale or transfer of accounts receivable or notes not representing credits secured by real estate to a non-resident of this State shall be void so far as tax liability hereunder is concerned. Sales or transfers to non-residents of such accounts and notes receivable retaining any interest whatever to the seller shall be void as against tax liability hereundey. The physical removal of such accounts receivable and notes from the State of Georgia by any person doing business in said State shall not avoid liability for the tax herein imposed. Accounts receivable and certain notes. Section 2. (a) A property tax is hereby levied for the year 1954 and annually thereafter as of the first day of January of each year at the rate of $1.00 on each $1,000.00 of the fair market value of all bonds and debentures of all corporations and a property tax is hereby levied for the year 1954 and annually thereafter as of the first day of January of each year at the rate of $1.00 on each $1,000.00 of the fair market value of all stocks in foreign corporations and of all stocks in foreign domesticated corporations (except those hereinafter exempted from taxation by this section) without deduction of any indebtedness or liability of the taxpayer. All stocks in foreign corporations and all stocks in foreign domesticated corporations (except those hereinafter exempted from tax by this section) shall be, and are hereby declared taxable property, except shares of stock explicitly excluded under the terms of Section 2 of the above entitled Act, approved December 27, 1937, as amended: Provided that the stock of domesticated foreign corporations shall not be subject to the tax herein levied if such domesticated foreign corporations pay to the State of Georgia, or its political subdivisions, all taxes as now provided for by law. Stocks and bonds.

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(b) A property tax is hereby levied for the year 1954 and for each and every year thereafter at the rate of 25 cents upon each $1,000 of the fair market value of all loans held by any broker, and representing credits extended in connection with the purchase or sale of stocks, bonds or other securities of a like character held as collateral security for such loans, as of the first day of January, without deduction of any indebtedness or liability of the taxpayer. Loans. Section 3. For the purposes of this Act, the words long term notes secured by real estate shall mean any note or notes representing credits secured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title or by any other form of security instrument by whatever name called, any part of the principal of which note or notes falls due more than three (3) years from the date thereof or from the date of any instrument executed to secure such note or notes and conveying or creating a lien or encumbrance on real estate for such purpose. The words short term notes secured by real estate shall mean any such note or notes the whole of the principal of which falls due within three (3) years from the date thereof or from the date of any such instrument executed to secure the same. Long term notes secured by real estate. Section 4. Every holder of long term notes secured by real estate shall, within ninety (90) days from the date of the instrument executed to secure the same, record such instrument in the county in which is situated the real estate conveyed or encumbered or upon which a lien is created to secure such note or notes, and shall, at the time of filing such instrument for record pay to the clerk of the superior court of such county, a tax measured by the amount of the debt as evidenced in the instrument filed for record at the rate of one dollar and fifty cents ($1.50) for each five hundred ($500.00) dollars or fraction thereof of the face amount of the note or notes secured by such instrument. Provided, however,

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that the maximum amount of any such intangible property tax payable with respect to any instrument when so recorded shall be ten thousand ($10,000.00) dollars. Record of such notes. Tax. Section 5. The clerk of the superior court of the county in which such instrument is recorded shall enter upon such instrument, and upon the record thereof, the fact of the payment of the tax required by the foregoing section, and the amount so paid. Such certificate shall be in such form as the State Revenue Commissioner may require, and may, if the Commissioner so directs, be entered by means of a rubber stamp, but in any event shall bear the signature of the clerk or his deputy. Record of payment. Section 6. Every such instrument conveying, encumbering, or creating a lien upon real estate shall set forth in words and figures the correct amount of the note or notes secured by such instrument, and the dates upon which such note or notes fall due. The inclusion in such instrument of a provision that the instrument secures all other indebtedness then existing or thereafter incurred shall not require the setting forth therein of existing indebtedness for loans not made on the security of the instrument. Section 7. Any vendor of real estate who shall retain title thereto as security for the purchase price and who does not convey title to the vendee and take back a deed to secure debt shall execute and deliver to the vendee a bond for title which shall correctly set forth the unpaid portion of the purchase price and the maturity of such indebtedness. If any part of the purchase price falls due more than three (3) years from the date of such instrument, such vendor shall, before delivery of the bond for title, have the same recorded in the county where the land is situated and pay the tax required by this Act on account thereof. Bonds for title. Section 8. Each clerk of the superior court in this State shall make a report to the State Revenue Commissioner, on forms prescribed by him, on the first and fifteenth of each month, of all sums collected under this

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Act, and shall at the same time remit to the State Revenue Commissioner all sums so collected, less two per centum thereof, which the clerk shall retain as compensation for his services in collecting said tax. All such taxes shall be deemed to have been collected by the clerk of the superior court collecting them in his official capacity and a failure to remit, as herein required, shall constitute a breach of official duty, and of the official bond of such clerk. In each county in which the clerk of the superior court is on a salary, the two per centum allowed the clerk by this section as compensation shall be paid into the county treasury and become county property. Remittance by clerk to Revenue Commissioner. Section 9. If any instrument required to be recorded hereunder shall convey, or encumber, or create a lien upon real estate situated in more than one county, the tax herein required shall be paid to the clerk of the county in which such instrument is first recorded. If any instrument conveying, encumbering or creating a lien on real estate located within and without Georgia as security for long term notes is held by a non-resident of the State when presented for recording under this Act, the tax required hereunder shall be that proportion of the tax which would otherwise be required hereunder that the value of the real estate within Georgia bears to the total value of all the real estate within and without the State described in such instrument, which values shall be certified under oath by the holder presenting the instrument for record. Where land located in more than one county or partly without State. Section 10. Every resident owner of long term notes secured by real estate outside of this State, including domestic corporations and foreign corporations having their principal places of business in Georgia, shall, in lieu of recording the instrument securing any such note or notes, file at such periodic intervals as the State Revenue Commissioner shall by regulation designate, a memorandum thereof with the State Revenue Commissioner, on forms prescribed by him, and, at the same time, pay to the State Revenue Commissioner the amount of the tax required by this Act with respect to such instrument. The

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revenue from such instrument shall be distributed to the State, counties and municipalties as if the real estate securing such instruments were located in the county of the domicile of the taxpayer, or in the county of the principal place of business of the taxpayer, if a corporation. Where land located outside State. Section 11. Failure to pay the tax levied by this Act shall constitute a bar to the collection of the indebtedness secured by any instrument required by this Act to be recorded, by suit, foreclosure, the exercise of any power of sale, or otherwise, whether such instrument be held by an original party thereto or a transferee. Such bar may be removed by the payment of the tax required hereunder, plus interest at six (6%) percent per annum from the time said tax was due, and plus a penalty of twenty-five (25%) percent of the amount of the tax. Provided, however, that the State Revenue Commissioner may waive such penalty if he determines that the failure to pay the tax was through ignorance of the law, or inadvertence, and not in bad faith. Provided, further, that this section shall not apply to instruments acquired prior to the effective date of this Act. Effect of failure to pay tax. Section 12. Short term notes secured by real estate, as defined by Section 3 of this Act, shall be taxed ad valorem at the rate prescribed for other intangible property in Section 1 (a) of this Act. Nothing herein contained, however, shall be construed to require the payment of such ad valorem taxes on such short term notes by banks, by savings and loan associations, or building and loan associations, as described in Section 1 of Part II of this Act, or by any institutions exempted by the above entitled Act, approved December 27, 1937, as amended. Short term notes. Section 13. The tax required by this Act to be paid on account of such long term notes secured by real estate, and ad valorem upon short term notes secured by real estate, shall be exclusive of all other taxes thereon, and such intangible property shall not be taxed in any other manner by the State, or any county or municipality of the State, nor shall the owner or holder thereof be required to pay any other tax thereon: Provided, that

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nothing herein shall be construed to exempt any such owner or holder from income taxes otherwise due on account of income derived from such property. Tax exclusive. Section 14. No further tax or recordation as evidence of the payment thereof shall be necessary with respect to any instrument held as security for such long term notes acquired before the effective date of this Act, but the above entitled Act, approved December 27, 1937, as amended, shall apply to such property to the extent that taxes have accrued thereunder prior to the effective date of this Act, and the payment of such taxes shall be deemed compliance with this Act within the meaning of Section 13. 1937 Act. Section 15. No additional tax hereunder shall be required on account of any instrument which is an extension, transfer, assignment, modification or renewal, of, or which only adds additional security for, any original indebtedness or part thereof, secured by an instrument subject to the tax imposed by Section 4 hereof, and upon which the clerk has made the entry showing payment of the tax under this Act. Extensions, transfers, etc. Section 16. Any person who shall wilfully violate Section 6 of this part of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as provided by law in such cases. Violation of Sec. 6. Section 17. All revenues derived from the tax imposed by Sections 1 and 2 of Part I of this Act shall be distributed as now provided by law for the distribution of revenue collected under the Act of the General Assembly of Georgia, enacted at the extraordinary session of 1937-1938, approved December 27, 1937, entitled An Act to classify property for taxation, as amended. Distribution of revenues. All revenues derived from the tax imposed by Sections 3 through 16 of Part I of this Act, including revenues from any imposition of such tax upon intangible trust property, shall be distributed among the State and municipality in which the real estate is situated and the

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county in which such real estate is situated in the same proportion that revenues derived from the tax imposed by the Act of the General Assembly of Georgia, enacted at the extraordinary session of 1937-1938, approved December 27, 1937, entitled An Act to classify property for taxation, as amended, are divided. If the real estate is situated in more than one county, the appropriate portion of the tax shall be equitably divided among such counties by the State Revenue Commissioner. Legislative intent. Section 18. Notwithstanding any other provision of this Act to the contrary, it is the intention of the General Assembly of Georgia that long term notes secured by real estate shall be taxed. If for any reason any such obligation does not have placed thereon the stamp provided by this Act and the tax paid as provided by this Act, then such obligation shall be taxed per annum at the rate of $3.00 on each $1,000 of the fair market value thereof. Legislative intent. PART II. Section 1. For the calendar year 1954, and each year thereafter, every building and loan association incorporated under the Building and Loan Act approved December 24, 1937, and every building and loan association incorporated under Chapter 16-2 of the Code of Georgia of 1933, and every Federal savings and loan association having its principal office or place of business in this State (all of which associations are referred to hereinafter as savings and loan associations) shall return its net worth at full market value to the tax receiver of the county in which the principal office of such savings and loan association is situated, or to the officer performing the duties of tax receiver, for ad valorem taxation by the State and county, as in the case of other property. For purposes of this provision, net worth shall be defined as all surplus, undivided profit and reserves exclusive of the minimum statutory Federal insurance reserve in the case of federal associations or the minimum State required reserve in the case of State chartered associations. Building and loan associations. Returns to county.

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Section 2. Every such savings and loan association shall, in like manner, return its net worth for taxation by the municipal corporation in which its principal office is situated, as in the case of other property returned for such municipal taxation. Returns to municipality. Section 3. For the calendar year 1954, and each year thereafter, every such return shall set forth the full market value of such net worth as of January first of such year. Section 4. The effect of this part of this Act shall be that from January 1, 1954, the net worth of every savings and loan association described in Section 1 of this part of this Act shall be subject to ad valorem taxation by the State and by the county and municipality in which the principal office of such savings and loan association is located, as provided by the Constitution of this State, in the same manner as other property is subject to taxation, and such property shall no longer be exempt from ad valorem taxation. Ad valorem tax. PART III. Section 1. All banks, banking associations, trust companies doing a banking business, and savings banks created and incorporated under the laws of this State, and all building and loan associations incorporated under the Building and Loan Act, approved December 24, 1937, and all building and loan associations incorporated under Ch. 16-2 of the Code of Georgia of 1933, and all Federal savings and loan associations having their principal offices or places of business in this State, shall have the same immunities and exemptions as national banks and banking associations created and incorporated under the laws of the United States and located in this State. Immunities and exemptions. Section 2. Nothing in Part II of this Act or in Section 1 of Part III of this Act shall be construed to relieve savings and loan associations from the tax on real estate held or owned by them, but they shall return said real

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estate at its ture market value in the county where located. Provided, however, that when real estate is fully paid for, the value at which it is returned for taxation by the savings and loan association which owns it may be deducted from the full market value of their net worth. such savings and loan association, and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the full market value of their net worth. Branch savings and loan associations shall be taxed on the full market value of the net worth arising from their operation, in the counties, municipalities and districts in which they are located, and the parent association shall be relieved of taxation to the extent of such net worth. Section 3. If any section or part of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining sections or portions of the Act, it being the legislative intent to enact each section hereof separately. Section 4. This Act shall become effective January 1, 1954. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. TEACHERS' RETIREMENT SYSTEM AMENDED. No. 812 (House Bill No. 664). An Act amend an Act establishing a retirement system for certain teachers in the public and State-supported schools of this State, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 27, 1947 (Ga. Laws 1947, p. 872), so as to provide for certain qualifications for receiving

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credit for prior service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing a retirement system for certain teachers in the public and State-supported schools of this State, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 27, 1947 (Ga. Laws 1947, p. 872), is hereby amended by adding after the figure 1948 in Paragraph (2) of Section 4 the following: or has taught one year between January 1, 1945, and January 1, 1948, and has fifteen years' service previous to January 1, 1948, so that Paragraph (2) of Section 4, when so amended, shall read as follows: Sec. 4 amended. (2) Under such rules and regulations as the board of trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940, and January 1, 1943, or has taught two years from January 1, 1945, to January 1, 1948, or has taught one year between January 1, 1945, and January 1, 1948, and has fifteen years' service previous to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to July 1, 1943, for which he claims credit. In the event any person who would otherwise have qualified under this subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the board of trustees shall issue a prior service certificate certifying to the member the period of service prior to July 1, 1943, with which he is credited on the basis of his statement of service, and certifying the amount of his `prior service accumulations' as defined in Subsection (3) of this Section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service

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; provided, however, that a member may within one year from the date of issuance or modification of such certificate, request the board of trustees to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void. Prior service certificates. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 23, 1953. STATE PATROL AND BUREAU OF INVESTIGATIONCOMPENSATION FOR SERVICE-CONNECTED INJURIES. No. 815 (House Bill No. 877). An Act to be entitled an Act to authorize the payment of medical and similar expenses incurred by members of the Georgia State Patrol and the Bureau of Investigation as a result of injuries received in line of duty; 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. The Department of Public Safety is hereby authorized to pay all medical, surgical, hospital, nursing and other similar expenses incurred by any member of the Georgia State Patrol or any member of the Georgia Bureau of Investigation, as a result of injuries received in line of duty. The department is authorized to make such payments in addition to any award made by the Workmen's Compensation Board based on such injuries. Such payments shall only be made upon proper presentation of bills to the Treasurer and Disbursing Officer of the Department of Public Safety. The treasurer and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without

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the approval of the Director of the Department of Public Safety. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. HANDICAPPED CHILDRENOUT-OF-STATE EDUCATION. No. 817 (House Bill No. 971). An Act to provide that the State Board of Education may expend funds outside the State for the education and rehabilitation of children of public school age who are deaf, mute and blind, for which there are no facilities for education or rehabilitation in Georgia; 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. The State Board of Education is hereby authorized to expend any available funds for the purpose of sending children of public school age who are deaf, mute and blind for which there are no facilities for education or rehabilitation in this State, to schools, institutions, or other places outside the State of Georgia furnishing proper facilities for education or rehabilitation of such children. Such funds may be spent for room, board, tuition, transportation, and other items which are necessarily relevant to the education and rehabilitation of such children. The State Board of Education is hereby authorized to determine if such children should be sent to such out-of-State places, and the board is hereby authorized to promulgate such rules and regulations as it deems necessary and proper for carrying out the purposes and intents of this Act. Expenditure of funds authorized.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. TEACHERS' RETIREMENT SYSTEM AMENDED. No. 818 (House Bill No. 846). An Act to amend an Act approved March 19, 1943 (Ga. Laws 1943, p. 604) and known as the Teachers' Retirement System Act, so as to provide additional provision for restoration of beneficiaries to membership in said system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved March 19, 1943 (Ga. Law 1943, p. 640) and known as the Teachers' Retirement System Act, is hereby amended by adding at the end of Section 3, Subsection (4), relating to membership in said system by adding at end of said subsection a sentence to read as follows: Sec. 3. Act of 1943 amended. Anything in this Act to the contrary notwithstanding the provisions of this paragraph with reference to break in service, reinstatement of membership and payment of funds into the retirement system, shall apply to any member who has retired and has lost prior service credits prior to the enactment of the law approved February 27, 1953 and each such retirant shall be allowed the prior service credits under the conditions set forth in this paragraph and the retirement allowance shall be adjusted in accordance therewith. Prior service credits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953.

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LIVESTOCK RUNNING AT LARGEACT AMENDED. No. 820 (House Bill No. 655). An Act to amend an Act prohibiting livestock from running at large or straying upon the public roads, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 380), so as to prohibit livestock from running at large or straying upon other property; to change definitions; to provide that the ordinary shall perform the functions of county commissioners under the Act in those counties having no county commissioners; to provide for impoundment by persons other than the sheriff; to clarify section numbers; to provide for the Act becoming effective upon the recommendation of two successive grand juries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act prohibiting livestock from running at large or straying upon the public roads, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 380), is hereby amended by adding after the word roads in Section 1, the words and other property, so that Section 1 when so amended shall read as follows: Sec. 1, Act of 1953, amended. Section 1. There is hereby found and declared a necessity for a statewide livestock law embracing all public roads, and other property, of the State of Georgia and necessity that its application be uniform throughout the State, except as hereinafter provided. Section 2. Said Act is further amended by striking Section 2, relating to definitions, and inserting in lieu thereof a new Section 2 to read as follows: Sec. 2 amended. Section 2. In construing this Act, the following words, phrases, or terms, unless the context indicates otherwise, shall be held to mean:

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(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, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, of this State and not under manual control of a person. Definitions. (4) `Public roads' as used herein shall mean any street, road, highway or way, including the full width of the right-of-way, which is open to the use of the public for vehicular travel. Section 3. Said Act is further amended by adding a new section to be known as Section 2-A, to read as follows: Sec. 2 amended. Section 2-A. In those counties having no county commissioners, the ordinary or other governing authority shall perform any functions or duties required of county commissioners under this Act. Where no county commissioners. Section 4. Said Act is further amended by striking Section 3, relating to livestock on public roads, and inserting in lieu thereof a new Section 3 to read as follows: Sec. 3 amended. Section 3. No owner shall permit livestock to run at large on or stray upon the public roads of this State, or any property not belonging to the owner of the livestock unless by permission of the owner of such property. Permitting stock to stray. Section 5. Said Act is further amended by striking Section 4, relating to impounding, and inserting in lieu thereof a new Section 4 to read as follows: Sec. 4 amended. Section 4. It shall be the duty of the sheriff or his

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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. Owners of farms or persos operating farms for such owners may likewise impound such livestock the same as the sheriff, provided such livestock is kept in a suitable place and cared for properly, and shall receive the same fee for feed and care as is provided for the sheriff under this Act. If such person impounds livestock, it shall be his duty immediately thereafter to notify the owner thereof if known, but if the owner is not known or determined within three days it shall then be his duty to notify the sheriff of such impoundment, and it shall then be the duty of the sheriff to pick up such livestock as soon as possible and he shall then follow the procedure set out herein just as if he had originally impounded such livestock. Impounding of straying livestock. Section 6. Said Act is further amended by striking Section 12, relating to punishment, and inserting in lieu thereof a new Section 12 to read as follows: Sec. 12 amended. Section 12. Any owner of livestock who unlawfully or intentionally or knowingly permits the same to run at large or stray upon the public roads of this State, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, 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. Punishment. Section 7. Said Act is further amended by striking Section 13, relating to applicability in certain counties, and inserting in lieu thereof a new Section 13 to read as follows: Sec. 13 amended. Section 13. The provisions of this Act shall not apply to counties having special laws or general laws of local

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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 roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property, 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. Applicability in certain counties. Section 8. Said Act is further amended by striking from Section 15 the word and figure Section 19 wherever it shall appear, and inserting in lieu thereof the word and figure Section 18, so that when so amended Section 15 shall read as follows: Sec. 15 amended. Section 15. The provisions of Section 18 of this Act shall become effective on April 1, 1953. The remaining provisions of this Act, unless otherwise provided, 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 18, in which counties the remaining provisions of this Act shall become effective as provided in Section 18. Act. effective when. Section 9. Said Act is further amended by striking Section 18, relating to elections, and inserting in lieu thereof a new Section 18 to read as follows: Sec. 18 amended. 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

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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 inCounty of the Act prohibiting livestock from running at large or straying upon public roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property' and `Against adoption inCounty of the Act prohibiting livestock from running at large or straying upon public roads, or any property not belonging to the owner of the livestock unless by permission of the owner of such property.' 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 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 ecetion 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. In all elections subsequent to the general election of 1954, if a county votes to come under the provisions of this Act it 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,

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and it shall be his further duty to certify the results thereof to the Secretary of State. Section 10. Said Act is further amended by adding a new section to be known as Section 18-A, to read as follows: Section 18-A. Any other provisions of this Act to the contrary notwithstanding, the provisions of this Act, excluding the provisions of Section 15 and Section 18, shall become effective immediately in any county of this State upon the recommendation of two successive grand juries. Adoption by grand jury. Section 11. Notwithstanding any other provisions of this Act, in counties of this State in which elections have heretofore been held and the Act of March 2, 1953 approved by the voters, this Act, and the provisions hereof which are amendatory of said Act of March 2, 1953, shall not become effective in any such county until two successive grand juries shall so recommend. It is the intention hereof that the said original Act of March 2, 1953 (Ga. Laws 1953, p. 388) shall continue of force and effect in all counties in this State which have heretofore held referendum elections and adopted the same, and that upon the recommendation of two successive grand juries in any such county, but not otherwise, the amendatory provisions of this Act, and of said Act of March 2, 1953, as amended, shall become of full force and effect to the same extent as if the amendments made by this Act to said Act of March 2, 1953 had been included therein orginally. Where 1953 already adopted. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953.

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STATE BOARD OF VOCATIONAL EDUCATION. No. 823 (House Bill No. 674). An Act to repeal an Act entitled An Act to provide for the development and administration of vocational educational programs for this State and for other purposes, approved February 15, 1952 (Ga. Laws 1952, pp. 393-396); to designate the State Board of Education as the State Board for Vocational Education and define its powers, duties and responsibilities; to establish a division within the State Department of Education to be known as the Division of Vocational Education Service; to provide that the State School Superintedent shall serve as Executive Officer of Vocational Education and define his duties; to provide for a Director of the Division of Vocational Education and define his qualifications, powers and duties; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 32-2204 of the Code, relating to the State Board of Education's powers in representing the State in the distribution and disbursement of money received from the Federal Government is hereby repealed in its entirety. Code 32-2204 repealed. Section 2. Section 6 of an Act approved March 20, 1943 (Ga. Laws 1943, p. 672), as amended by Section 2 of an Act approved March 27, 1947 (Ga. Laws 1947, pp. 1161, 1162), which section, as amended, relates to the authority of the State Board of Education with respect to vocational education, is hereby repealed in its entirety. Sec. 6, Act of 1943, repealed. Section 3. An Act entitled an Act to provide for the development and administration of vocational educational programs for this State and for other purposes, approved February 15, 1952 (Ga. Laws 1952, pp. 393-396) is hereby repealed in its entirety. Act of 1952 repealed.

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Section 4. Definitions . As used in this Act, the following words and terms shall have the following meanings: (a) State Board means the State Board of Education, designated as the State Board for Vocational Education; (b) Division means the Division of Vocational Education established by this Act; (c) Executive Officer means the State Superintendent of Schools, who shall serve as the Executive Officer with duties as set forth in Section 8 of this Act; Definitions. (d) Director means the Director of the Division of Vocational Education Service with duties as set forth in Section 9 of this Act; (e) Federal Vocational Education Acts means the Smith-Hughes Act (Public Law 347, 64th Congress), the George-Barden Act (Public Law 586, 74th Congress), and other Federal Acts pertaining to vocational education which have been or may be enacted, any amendments to present and future laws that have been or may be enacted; (f) Federal funds means funds made available to the State under provisions of Federal vocational education Acts; (g) State funds mean funds appropriated by the General Assembly or allotted by the State Board acting in its capacity as State Board of Education or State Board for Vocational Education to be used for programs of vocational education that meet standards established by the State Board; (h) Vocational education means any form of education of less than college grade, given in school or elsewhere, including training in agriculture, home economics, trades and industry, distributive occupations, business,

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commercial and vocational guidance and any other course as may be designated by the State Board of Education carried on in such a manner as to prepare individuals to pursue effectively a recognized profitable occupation, whether pursued for wages or otherwise, but does not include training in fine arts or other subjects of a general academic educational nature; nor vocational rehabilitation as provided for by the General Assembly of Georgia by the Act approved February 21, 1951 (Ga. Laws 1951, p. 516). Section 5. State Board for Vocational Education . The State Board of Education is hereby designated as the State Board of Vocational Education and is directed and empowered to do all things necessary and proper to plan, develop and administer a sound and effective program of vocational education for this State. To this end the State Board shall recognize and preserve insofar as practicable its distinct responsibilities for vocational education as distinguished from its activities in the field of general education. The State Board shall keep separate board minutes of its activities as the State Board for Vocational Education. State Board for Vocational Education. Section 6. Powers and Duties of the State Board . The State Board of Education, acting in its capacity as the State Board for Vocational Education, shall, among other things, exercise the following powers, duties and responsibilities: (1) Deal with Federal and State agencies and officials on matters involvingvocational education; (2) Prepare, approve and submit to Federal authorities State plans and reports for vocational education as required by Federal laws; Powers and duties. (3) On the recommendation of the Executive Officer appoint necessary personnel to administer and carry out the program for vocational education; (4) Approve budgets;

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(5) Prescribe the duties of the Executive Officer and Director of Vocational Education in keeping with Sections 8 and 9 of this Act; (6) Establish standards, in keeping with approved State plans, to be met and maintained by schools in order to receive State and Federal aid for vocational education; (7) Approve applications from local school units within the State, and to apportion and distribute thereto any and all special or additional funds which may be made available by appropriation, or otherwise, to aid and assist local units in paying the cost of training persons enrolled in the vocational courses; (8) Have control of all State-operated vocational schools now in operation or that may be established in the future and provide for the inspection of courses or training programs to determine if approved standards are being met; (9) Discontinue special or additional aid to a local school unit, if, in the discretion of the State Board of Education, approved standards are not being maintained or other prescribed rules and regulations are not being followed; (10) Maintain an adequate and effective system of teacher training in each of the several phases of vocational education; (11) Establish a program of State supervision of vocational education; (12) Conduct studies and investigations for the purpose of promoting and improving vocational education; (13) Make reports to the Governor and General Assembly, at least biannually, dealing exclusively with the progress and needs of vocational education; (14) Submit to the General Assembly and to the Budget Commission estimates of expenditures necessary for

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establishing and maintaining an adequate program of vocational education; (15) Exercise every reasonable effort to establish adequate programs of vocational education wherever a justified need can be established; and (16) Exercise other authority necessary to the maintenance of a sound and effective program of vocational education in the State as a regular and integral part of the total secondary school program. Section 7. Establishment of Division of Vocational Education Service . There is hereby created within the State Department of Education a division that shall be known as the Division of Vocational Education Service with a Director responsible directly to the Executive Officer and through him to the State Board. Division of Vocational Education Service. Section 8. Executive Officer of Vocational Education . The State School Superintendent shall serve as Executive Officer. In addition to duties that may be designated by the State Board, he shall perform the following duties: (1) Serve as secretary to the State Board for Vocational Education and keep appropriate minutes; (2) Be responsible to the State Board for carrying out plans, policies and regulations approved by the State Board; Executive officer. (3) Sign all checks expending state vocational funds and all vouchers authorizing the State Treasurer to expend Federal vocational funds; and (4) Be responsible for maintaining an approved bookkeeping system on all vocational funds and for making necessary financial and statistical reports to Federal authorities as required by Federal laws and regulations. Section 9. Director of Division of Vocational Education Service . The State Board shall employ, upon the

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recommendation of the Executive Director, a Director of Vocational Education Service who must have had at least five years of successful experience as a vocational educator in an approved program of vocational education, and be a graduate of an accredited college with a major in vocational education. The Director shall be responsible to the State Board through the Executive Officer. The Director shall be charged with the following duties: (1) Submit names of qualified personnel for employment in the Vocational Division; (2) Provide professional leadership for vocational education and direct the work of the staff of the vocational division in accordance with policies approved by the State Board; (3) Prepare the state plan for vocational education as required by Federal laws and regulations; (4) Subject to the approval of the State Board, delegate authority to personnel of the Division of Vocational Education Service; (5) With the approval of the State Board establish appropriate administrative subdivisions or branches of the Division of Vocational Education Service; (6) Be responsible for the preparation of reports for Federal authorities and for the Governor and General Assembly as required by this Act and Federal laws; and (7) Perform other reasonable duties. Section 10. Cooperation with Federal Government . The State Board is granted full power to represent the State in any and all matters with reference to the distribution and disbursement of all funds for vocational education received from the Federal Government and to appropriate, apportion and use said moneys in whatever way, in its discretion, best serves the vocational training needs of the State and in conformity with the spirit and

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intent of the Acts of Congress and the provisions of the approved State plan for vocational education. Section 11. Disclaimer . Nothing herein shall be construed as repealing, modifying, or amending the Vocational Rehabilitation Act approved February 21, 1951, (Ga. Laws 1951, p. 516). Section 12. Effective Date . This Act shall take effect and be in force from and after the date of its passage. Section 13. All laws and parts of law in conflict with this Act are hereby repealed. Approved December 22, 1953. BONDS OF CUSTODIAL OFFICERS OF PRISONS AND WORK CAMPS. No. 828 (House Bill No. 897). An Act to require that all wardens and certain other custodial officers of State penal institutions and public works camps execute a bond conditioned in such manner and made in such form as the State Board of Corrections may require; to make it a misdemeanor for a custodial officer to negligently suffer a prisoner to escape; to provide that bonds for county wardens and assistant county wardens shall be paid for by county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Before any penal institution, penitentiary, public works camp, or other correctional institution in this State under the supervision of the State Board of Corrections may be approved to receive prisoners, the State Board of Corrections is hereby required to have the warden or chief custodial officer of such institution execute

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a bond in such form and amount as the State Board of Corrections deems necessary, not to be less than ten thousand dollars ($10,000.00), and conditioned upon the faithful discharge of the duties imposed upon such person in carrying out the laws of this State and the rules and regulations of the State Board of Corrections. The State Board of Corrections shall require that deputy wardens and such other custodial officers as deemed advisable shall execute a bond in such form and amount as the State Board of Corrections shall require, but in the case of deputy wardens to be not less than five thousand dollars ($5,000.00). Bonds. Section 2. In the case of custodial officers employed at correctional institutions under the supervision of the State Board of Corrections, proof of failure to comply with the rules and regulations of the State Board of Corrections shall be prima facie evidence of negligence. Section 3. Bonds for county wardens and assistant county wardens shall be paid for by county. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. MOLESTATION OF CHILDREN. No. 833 (House Bill No. 659). An Act to amend an Act approved February 17, 1950 (Ga. Laws, 1950, pp. 387-388), entitled an Act to make it a criminal offense for any person to take, or attempt to take any immoral, improper or indecent liberties with a child of either sex, under the age of 16 years; to provide penalties for violation of this Act; to repeal all laws in conflict herewith; and for other purposes, so as to reduce the age from sixteen years to fourteen

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years, and to increase the maximum penalties provided in said Act from five years to twenty years; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That Sections 1 and 2 of the Act described in the caption hereof be amended to read as follows: Section 1. Any person who shall take, or attempt to take any immoral, improper, or indecent liberties with any child of either sex, under the age of fourteen years, with intent of arousing, appealing to, or gratifying the lust or passions or sexual desires, either of such person or of such child, or of both such person and such child, or who shall commit, or attempt to commit, any lewd or lascivious act upon or with the body, or any part or member thereof, of such child, with the intent or arousing, appealing to, or gratifying the lust or passions or sexual desires, either of such person or of such child, or of both such person and such child shall be imprisoned in a penitentiary, not less than one year nor more than twenty years. Molestation. Punishment. Section 2. Any such person who shall, in the State of Georgia, take any such child or shall entice, allure, or persuade any such child, to any place whatever for the purpose either of taking any such immoral, improper, or indecent liberties with such child, with said intention of committing any such lewd, or lascivious act upon or with the body, or any part or member thereof, of such child with said intent, shall be imprisoned in the penitentiary not less than one year nor more than twenty years. Enticing child. Punishment. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 22, 1953.

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WESTERN ATLANTIC RAILROADLEASES. No. 835 (House Bill No. 849). An Act to amend an Act approved February 17, 1950 (Ga. Laws 1950, pp. 408-412) entitled An Act to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes, of the Western Atlantic Railroad; for the creation of a commission to effectuate such lease; to define its powers and duties, to make appropriation for the cost of the work required; to provide for the term of the lease or leases; to authorize the commission to appoint a secretary and legal counsel; to provide that the commission may agree upon details of a formal lease, the terms not to interfere with any contract now existing between the State and present lessees; to provide for a deposit of bonds as collateral security for the faithful performance of all terms of said lease; to provide for a penalty for failure or refusal to pay monthly rental; to prohibit lessee from subletting without approval of Governor; to provide that if any part of said Act be held invalid or unconstitutional such decision shall not affect the validity of the remaining portion of this Act; to repeal all laws or parts of laws in conflict with this Act, and for other purposes; by striking the words forty years from Line 2 in Paragraph numbered 1 of Section 3 and insert in lieu thereof the words ninety-nine years; to authorize the commission to reduce rentals when the leasehold interest is damaged by the exercise of powers of eminent domain; 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 paragraph numbered 1 of Section 3 of said Act approved February 17, 1950 (Ga. Laws 1950, pp. 408-412) which is as follows: Section 3. The commission shall, among other things, consider and determine,

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subject to the provisions of this Act, the following: 1. The term of years for which the lease or leases should run, which shall not be more than forty years from the date of said lease, and when the lease or leases become operative, be amended by striking from line 2 in Paragraph numbered 1 thereof the words forty years and inserting in lieu thereof the words ninety-nine years so that the same when amended shall read as follows: Section 3. The commission shall, among other things, consider and determine, subject to the provisions of this Act the following: 1. The term of years for which the lease or leases should run, which shall not be more than ninety-nine years from the date of said lease, and when the leases become operative. Section 2. That a new paragraph be added to the aforesaid Act approved February 17, 1950, (Ga. Laws 1950, pp. 408-412) which said paragraph shall be numbered Section 12 of said Act to read as follows: Section 12. In the event any portion of the Western Atlantic Railroad property which has previously been, or in the future may be, leased by the Western Atlantic Railroad Commission in accordance with the terms of the Act approved February 17, 1950, shall be taken by any public authority under the power of eminent domain, the said Western Atlantic Railroad Commission is hereby authorized and empowered to reduce the rental of such lease in proportion to the leasehold damage sustained by the loss of the property so condemned. If any portion of property taken under eminent domain. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 22, 1953.

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STATE WAREHOUSE ACT. No. 838 (House Bill No. 651). An Act to be known as the Georgia State Warehouse Act; to establish a system of State bonded and inspected warehouses; to define certain terms used in the Act; to provide for the inspection of all public warehouses; to appoint a warehouse director; to authorize investigation, storage and weighing of agricultural products; to authorize the inspection of all warehouses covered by this Act and all agricultural products stored therein; to provide for promulgating rules and regulations regarding the issuance of warehouse receipts; to authorize rules and regulations to carry out the provisions of this Act; to provide for the licensing of warehouses in this State; to provide for the execution of a good and sufficient bond by a surety corporation qualified under the laws of this State to secure the faithful performance of the obligations of a warehouseman under the terms of the Act and the rules and regulations prescribed thereunder; to provide for suits on such bonds; to provide for the designation of warehouses complying with this Act as State bonded warehouses; to provide for inspection of public warehouses and the agricultural products contained therein; to provide for the levy and collection of license and inspection fees and fees for warehouse receipts; to provide for the issuance of warehouse receipts and to regulate the issuance thereof; to provide for the form of such receipts; to provide for a method of issuing duplicate receipts; to establish an obligation on every warehouseman to deliver the agricultural products stored in his warehouse; to provide for the return and cancellation of receipts; to require the keeping of records and reports; to provide for the publication of investigations and inspection; to provide for the inspection of records; to require the warehouseman to keep insurance covering agricultural products deposited or stored therein; to provide for the maintenance of a schedule of charges; to provide for certified public weighers; to require the

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maintenance of suitable scales in good order; to provide penalties against the conversion of any agricultural products stored in such a warehouse; to provide penalties for alteration or misrepresentation or making fraudulent receipt or certificate; to provide penalties for violating any provisions of this Act or regulation promulgated thereunder; to provide for the administration of this Act by the Commissioner of Agriculture; to prescribe the procedure to be followed in the adoption and promulgation of rules and regulations; to provide for the uniform application of all orders, rules and regulations; to provide for an administrative remedy; to provide for the suspension, revocation or denial of a license and the procedure therefor; to exempt herefrom warehouses licensed under the United States Warehouse Act, or supervised by Commodity Credit Corporation or other Federal agencies and storing only under such supervision; to provide for the procedure for securing judicial review of any administrative decision and to define the scope of such review; to provide for the appropriation and expenditure of funds to carry out the provisions of this Act; to repeal conflicting laws; to provide for an effective date; to provide a separability clause; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. Short title . This Act shall be cited as the Georgia State Warehouse Act. Title. Section 2. Definitions . For the purposes of this Act. Definitions. (a) The term public warehouse or warehouse means any building, structure or other enclosure other than refrigerated building or structure in this State at which any agricultural product as hereinafter defined is received from the public for storage for hire. (b) The term person means any individual, partnership,

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firm, corporation, association, or other organized group having a joint or common interest. (c) The term warehouseman means a person engaged in the business of operating a warehouse, or any person who uses or undertakes to use a warehouse for the purpose of storing agricultural products, as defined herein, for compensation for more than one person. Provided, however, any person operating a warehouse not covered by the provisions of this Act may elect to come under the provisions of this Act. (d) The term agricultural product means, individually and collectively, all grains, cotton, peanuts, meat, fruits, vegetables, and other farm products offered or accepted for storage in their raw or natural state; provided, however, that products which have been processed only to the extent to shelling, cleaning, and grading shall be included, and, provided further, that any warehouseman storing refrigerated and/or processed agricultural products may, at his option, come under the operation of this Act. (e) The term grain means all products commonly classed as grain, such as wheat, corn, oats, barley, rye, rice, field peas, soy beans, clover, grain sorghum, and other products as are ordinarily stored in grain warehouses. (f) The term receipt means a warehouse receipt issued under this Act. (g) The term Commissioner as used in this Act means the Commissioner of Agriculture. (h) The term storer as used in this Act means the depositor of agricultural products stored under a non-negotiable receipt, or the holder of a negotiable receipt for such products issued by a warehouseman licensed under this Act.

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(i) The term producer means a farmer or grower of agricultural products. Section 3. Powers and duties of the Commissioner: Regulations . The Commissioner is authorized to investigate the storage and weighing of agricultural products; at any time, to examine or cause to be examined all warehouses under this Act and all agricultural products stored therein; to determine whether such warehouses are suitable for the proper storage of the agricultural product or products stored or proposed to be stored therein; and to classify such warehouses in accordance with their ownership, location, surroundings, capacity, conditions and other qualities, and as to the kinds of licenses issued or that may be issued for them pursuant to this Act. The Commissioner may make such rules and regulations as are necessary or appropriate governing the operation of warehouses under this Act with respect to their receipt, care and delivery of and responsibility for agricultural products received at such warehouses for storage; the issuance, cancellation, division, and consolidation of receipts, and other matters relative to the management of the business of such warehouses; and such other rules and regulations as are necessary or appropriate to carry out the provisions of this Act, to the end that any farmer or producer or storer of agricultural commodities may be assured that agricultural products stored by him are maintained in as nearly the same status as practicable according to the grade, standard and condition as when stored. All rules and regulations shall be promulgated in accordance with the procedure set forth in Sections 24 and 25 of this Act. Powers and duties of commissioner. Regulations. Section 4. That within the police powers of the State and for the general welfare there is established, as hereinafter provided, a Warehouse System for the State of Georgia as a Division of the Department of Agriculture under the supervision and control of the Commissioner of Agriculture, who shall appoint forthwith a suitable person to be known as the State Warehouse Director, salary to be fixed by the Commissioner of Agriculture,

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and whose term of office shall be for the period of four years commencing on the effective date of this Act. Said Director shall give bond in such amount as the Commissioner shall direct for faithful performance of his duties and proper accounting for all funds coming into his hands. State Warehouse Director. Section 5. Licenses . No person shall operate a warehouse as defined under this Act in this State unless he has a valid, effective license issued by the Commissioner pursuant to this Act for such warehouse; provided, however, that this provision shall not prohibit the delivery of property received at a warehouse prior to the effective date of this Act or during the effective period of any license issued hereunder for such warehouse. All such licenses shall expire on the first day of July of each year. No license so issued shall describe more than one warehouse nor grant permission to operate any warehouse other than the one described therein, except that if a warehouseman operates two or more warehouses in the same city or village or on the same railroad siding, in conjunction with each other, and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses. The Commissioner is authorized to issue to any warehouseman a license for the conduct of a warehouse or warehouses in accordance with this Act and with such rules and regulations as may be made hereunder; provided, that each such warehouse be found suitable for the proper storage of the particular agricultural product or products for which a license is to be issued, and that such warehouseman agree, as a condition to the granting of the license, to comply with all the terms of this Act and the rules and regulations prescribed hereunder. It shall be the duty of the Commissioner to issue a license to any responsible person applying therefor, who can show that he is ready, willing and able to meet the requirements of the Act, and the regulations thereunder. Licenses.

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Section 6. Bonds . Every person intending to engage in business as a warehouseman under the provisions of this Act shall, prior to commencing such business, and periodically thereafter, as the Commissioner may require, execute and file with the Commissioner a good and sufficient bond to the State executed only by a surety corporation of the warehouseman's choice qualified under the laws of the State to secure the faithful performance of his obligations as a warehouseman under the terms of this Act and the rules and regulations prescribed hereunder. Said bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded; and, to be in a minimum amount of not less than $1,000.00 and the Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used but in no event shall the amount of bond required exceed 6% of the value of products stored, and shall be in such form and amount, shall have such surety or surieties, subject to service of process in suits on the bond with this State, as the Commissioner may prescribe. Whenever the Commissioner shall determine that a previously approved bond is, for any cause has become insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this section, and unless the same be given within the time fixed by a written demand therefor, the license of such warehouseman shall be suspended or revoked; Provided, however, that the provisions of Sections 26 and 27 shall apply to this as well as all other sections of this Act. Bonds. Section 7. Suits on bonds . Any person injured by the breach of any obligation to secure which a bond is given under this Act shall be entitled to sue on the bond in his own name in any court of competent jurisdiction in the county in which the warehouse is located to recover the damages he may have sustained by such breach; provided, however, that nothing in this section shall prevent the Commissioner of Agriculture from suing on such bond in behalf of the State and for the benefit of the injured party when requested to do so by the storer. Suits on bonds.

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Section 8. Designation as State bonded warehouses . Upon the filing with and approval by the Commissioner of a bond, in compliance with this Act, for the conduct of a warehouse under this Act, such warehouse may be designated as State bonded hereunder, but no warehouse shall be designated as a State bonded warehouse under this Act, and no name or description conveying the impression that it is so bonded shall be used unless a bond, as provided for in Section 6, has been filed with and approved by the Commissioner, and unless a license issued under this Act for the conduct of such warehouse is valid and effective. State bonded warehouses. Section 9. Inspection . In addition to the general powers conferred by Section 3, the Commissioner and his duly authorized agents or employees shall have full power and authority to inspect public warehouses operated under the provisions of this Act, to inventory, and to check the agricultural products stored so as to ascertain the conditions of such products and to determine whether or not the business is conducted in such a manner as to protect the interest of persons who are storing or may store such products. The inspectors shall make sworn reports to the Commissioner of their findings, who shall hold and keep same in the records of his office. Such reports when sworn to shall be public records and shall be admissible as evidence. Such inspections shall be made as often as deemed necessary by the Commissioner but not less than twice during any license period, and in addition as often as requested by the warehouseman. Inspections. Section 10. Fees . (a) License fee . Every warehouseman under this Act shall pay an annual license fee of $10.00 for each license issued to him. Each license so issued shall expire on July 1 of each year, and each application for license must be accompanied by the license fee. Fees. (b) Fee for receipts issued . There is hereby levied a fee not to exceed the actual cost of receipts for each receipt required to be issued by Section 12 of this Act, and the Commissioner shall cause the same to be collected

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from each warehouseman in advance of the issuance of the receipts. (c) Inspection fees . Each licensed warehouse storing peanuts shall pay a fee of 3 per ton for each ton of peanuts stored; each licensed warehouse storing grain shall pay a fee of 3 per ton for each ton of grain stored; each licensed warehouse storing cotton, cotton linters, and mill waste in bales shall pay a fee of 2 on each warehouse receipt issued; and all other warehouses shall pay a fee based on storing capacity, which fee shall be set by the Commissioner; Provided, however, that the Commissioner shall have the power to lower the fees provided by this subparagraph and the regulations issued hereunder for any particular kind or kinds of warehouses should he find that the total sum collected under this section exceeds the cost of operation of the State warehouse system, it being the purpose of this section to provide a sufficient sum of money to discharge, but only to discharge, the actual costs of administration and inspection imposed by this Act. (d) Additional inspection fees . Providing that in the event the warehouseman requests the Commissioner to make additional inspection of his warehouse, then the warehouseman will be charged $25.00 per inspector day for the inspection service. Section 11. Presumption against sale . Any agricultural product delivered to a warehouse under this Act shall be presumed to be delivered for storage. Presumption against sale. Section 12. Receipts required . For all agricultural products stored by a warehouseman under this Act, original receipts shall be issued promptly by the warehouseman, but no receipt shall be issued except for agricultural products actually stored in the warehouse at the time of the issuance thereof. Receipts required. The Commissioner is authorized to have printed all the warehouse receipts to be issued by warehousemen under this Act. Such warehouse receipts shall be distributed

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upon the payment of the fee therefor as prescribed by Section 10. It shall be unlawful for any warehouseman to issue any warehouse receipts for any agricultural product except upon warehouse receipts furnished by the Commissioner. Section 13. Form of receipts. Essential terms . Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms. (a) The location of the warehouse where the goods are stored. (b) The date of issue of the receipt. (c) The consecutive number of the receipt. (d) A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order. Form of receipts. (e) The rate of storage charges. (f) A description of the goods or of the packages containing them. (g) The signature of the warehousemen, which may be made by his authorized agent. (h) If the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership, and (i) A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient.

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(j) The amount and rate of insurance on the goods, provided that if there is no insurance thereon by reason of an agreement with the depositor, the receipt shall be so stamped. A warehouseman shall be liable to any person injured thereby, for all damage caused by the omission from a negotiable receipt of any of the terms herein required. Section 14. Lost or destroyed receipts . Where a negotiable receipt has been lost or destroyed, a court of competent jurisdiction may during term or vacation order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties to be approved by the court to protect the warehouseman from any liability or expense, which he or any person injured by such delivery may incur by reason of the original receipt remaining outstanding. The court may also in its discretion under the payment of the warehouseman's reasonable costs and counsel fees. Lost or destroyed receipts. The delivery of the goods under an order of the court as provided in this section shall not relieve the warehouseman from liability to a person to whom the negotiable receipt has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods. Section 15. Obligation to deliver . Every warehouseman conducting a warehouse under this Act shall, without unnecessary delay, deliver the agricultural product as described on each warehouse receipt issued by him upon a demand made by the holder of a receipt for such agricultural product if such demand be accompanied by (a) an offer to satisfy the warehouseman's lien; (b) an offer to surrender the receipt, and if negotiable with such indorsements as would be necessary for the negotiation of the receipt, and (c) an offer to sign, when the product is delivered, an acknowledgement that it has been delivered if such signature is requested by the warehouseman; Provided, however, that where an agricultural

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product is stored identity preserved, the actual agricultural product shall be delivered. Provided, further, that no warehouseman shall be deemed to have violated this section by failure to deliver any agricultural product in accordance with its provisions, if such failure is due to loss or damage of the product from a hazard against which insurance is not required under Section 20 of this Act and the regulations issued by the Commissioner pursuant thereto and where such loss or damage does not result from a failure of such warehouseman to exercise that degree of care which an ordinarily prudent person would exercise in the care and protection of his own property, and, Provided, further, that in case of an insured loss such demand may be satisfied by payment of the market value of the product lost or damaged. Obligation to deliver. Section 16. Return and cancellation of receipts . Except as provided in Section 14 of this Act, no warehouseman conducting a warehouse under this Act shall deliver any agricultural product for which a warehouse receipt has been issued by him unless such receipt has been first surrendered to him. Immediately upon delivery by him of the agricultural product cancel upon the face thereof such receipt surrendered to him. Return and cancellation of receipts. Section 17. Records and reports . Every warehouseman conducting a warehouse under this Act shall keep for inspection for such period as the Commissioner may prescribe, in a place of safety, complete and correct records of all agricultural products received at the warehouse for storage or delivered therefrom including a separate account of all such agricultural products owned by the warehouseman, of all warehouse receipts issued by him, and of the receipts returned to and cancelled by him. Records and reports. Section 18. Publication . The Commissioner shall publish the names and locations of warehouses licensed and bonded, the names and addresses of persons licensed under this Act, and lists of all licenses terminated under this Act and the causes therefor. Whenever it is found,

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after opportunity for hearing has been given to the warehouseman conducting any warehouse under this Act, that such warehouseman is not performing the duties imposed on him by this Act and the rules and regulations made hereunder, the Commissioner may publish its findings. Publication. Section 19. Inspection of records . The Commissioner is authorized through officials, employees or agents designated by him to inspect all receipt records and inventory records of warehouses under this Act. In the event of suspension, revocation or other termination of a license issued under this Act, the former licensee or his successor in interest, if any, shall preserve, for such period of time as may be prescribed by the Commissioner, all such books, papers, accounts and other records relating to the operation of the warehouse during the effective period of the license, and such books, papers, accounts, and other records shall be subject to inspection by the Commissioner or his agents, during such period of time as the Commissioner may prescribe. Inspection of records. Section 20. Insurance . All agricultural products stored for the producer in their raw or natural state, and cotton in any form stored for the producer, in storage in a warehouse under this Act or deposited temporarily in such a warehouse pending storage shall be kept insured at full market value by the warehouseman against loss or damage by fire, lightning and extended coverage, except that cotton shall be insured against loss or damage by fire and lightning only. Such insurance shall be carried in an insurance company or companies of the warehouseman's choice authorized to do business in this State, and evidence of such insurance coverage in form to be approved by the Insurance Commissioner shall be filed with the Commissioner. Such insurance shall be provided by, and carried in the name of, the warehouseman; provided, however, that a producer depositing or storing agricultural products who does not wish to have his products insured by the warehouseman may relieve the warehouseman of that duty by notifying the warehouseman in writing that he does not wish his agricultural

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products insured; provided, further, that on agricultural products stored for other than producers the provisions of the Uniform Warehouse Receipts Act on the subject of insurance shall apply. Insurance. Section 21. Schedule of charges . (a) Prior to transaction of any warehouse business at any warehouse under this Act and annually thereafter, the warehouseman shall file with the Commissioner a schedule of charges to be made by the warehouse. All charges and regulations affecting such charges made by any warehouse licensed hereunder for the storage of agricultural products shall be just, fair, and reasonable. No additional charge shall be made by any such warehouse other than as specified in its filed schedule. No change shall be made in a filed schedule of charges during a current year unless the Commissioner consents thereto. Any upward revision of charges of any such warehouse during any current year shall be applicable only to products received at such warehouse or services performed pursuant to instructions received from the storer after the Commissioner's approval of the upward revisions. Schedule of charges. (b) Notwithstanding the provisions of Paragraph a, any warehouseman under this Act may establish and charge special rates as required by contract with the United States, or any agency of or corporation controlled by the United States, and none of the restrictions or requirements of said paragraph shall apply to such rates. Section 22. Certified public weighers : All warehouses licensed under the provisions of this Act shall provide not less than one certified public weigher for each warehouse in accordance with Georgia Laws, Extra Session 1948, Regular Session 1949, pages 1179-1183, known as Certified Public Weighers Act and the provisions of said Act. Certified public weighers. Section 23. Scales . Each warehouse under this Act must be equipped with suitable scales in good order and so arranged that all agricultural products for storage

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can be weighed by the warehouseman. The scales in any such warehouse shall be subject to examination by representatives of the Commissioner and to disapproval by the Commissioner. If the Commissioner disapproves any weighing apparatus, it shall not thereafter be used in ascertaining the weight of agricultural products for the purposes of this Act, until such disapproval be withdrawn. Scales. Section 24. Penalties . (a) Every person who, without lawful authority, shall convert to his own use, or use for purposes of securing a loan, or remove from a warehouse under this Act, contrary to this Act or the regulations promulgated hereunder, any agricultural product received at such warehouse for storage, or who shall forge, alter, counterfeit, simulate, or falsely misrepresent, or without proper authority use any license issued by the Commissioner under this Act; or who shall issue or utter a false or fraudulent receipt or certificate of weight or grade or other class for any agricultural product under this Act; or change with fraudulent intent in any manner an original receipt or such a certificate subsequent to issuance, shall be guilty of a felony and shall be fined not less than $2,000.00 nor more than $20,000.00 or double the value of the products involved if such double value exceeds $20,000.00 or imprisoned for not less than 2 years, nor more than 10 years, or both. Penalties. (b) Every person who shall fraudulently alter or falsely represent a sample drawn under this Act; or who shall fraudulently grade, otherwise classify, or weigh, or draw with intent to deceive, a false sample of, any agricultural product received at any warehouse under this Act for storage, or who otherwise shall violate any provision of this Act or of the regulations promulgated hereunder, shall be deemed guilty of a misdemeanor and punished as for a misdemeanor. For the purposes of this section the bondsman, bonding such person or warehouseman, shall not be liable for the criminal penalties provided in this section.

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Section 25. Administration . It shall be the duty of the Commissioner to foster and promote in every possible way good warehousing practices so as to afford proper storage of agricultural products; to enforce with vigilance the provisions of this Act; to promulgate such rules and regulations having the force and effect of law as will effectuate the purposes of this Act. The Commissioner shall, on or before the first day of January, prepare and submit to the Governor and legislature a report covering all the activities of the Commissioner for the preceding year which shall, among other things, show the number of licenses issued, the number of warehouse examinations made on application for license, and the number of examinations of warehouses to ascertain whether their operation, condition and business are in compliance with the provisions of this Act and the rules and regulations promulgated hereunder. The report shall account for all fees collected and money expended, and indicate the fiscal needs for administration of this Act for the succeeding year. Such report may be printed by the Commissioner and distributed to such persons, organizations, and public officials as may be interested. Administration. Section 26. Rules and regulation; Procedure . (a) Prior to the adoption or change of any rules and regulation, the Commissioner shall promulgate the proposed promulgation or change and afford interested persons opportunity to be heard and submit data and views, orally or in writing. (b) Any person with a real and substantial interest who is affected by a rule or regulation of the Commissioner, who believes that the Commissioner, in the promulgation or enforcement of such rule or regulation, has exceeded authority vested in him by the legislature under the Constitution of Georgia or of the United States, shall have the right to petition the Commissioner of Agriculture for the repeal or revision of such rule by pointing out in what respect and for what reasons he contends the rule to be unlawful or unconstitutional. The Commissioner is required to consider every such petition and

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afford the petitioner an opportunity to be heard within thirty days, and, after argument, the Commissioner shall determine the merits of the petition. If the Commissioner decides in whole or in part in favor of the petitioner, the Commissioner shall take corrective measures within thirty days after the hearing to give the petitioner relief in every respect from any unlawful or unconstitutional rule or regulation. The foregoing is expressly made an administrative remedy, and every person affected by any rule or regulation or any act of the Commissioner is required to exhaust this remedy before taking any other steps. Rules and regulations. (c) All hearings before the Commissioner shall be stenographically reported by a qualified court reporter, and shall be available to any interested party upon payment of the stenographic costs. Section 27. Uniform application of all orders, rules and regulations . All rules and regulations, orders, schedules of charges and fees approved or promulgated, or issued by the Commissioner under the terms of this Act shall be of uniform application to all warehouses of the same class throughout the State. Uniform application. Section 28. Suspension, revocation and denial of license . (a) The Commissioner may, after hearing has been afforded to the licensee concerned, suspend or revoke any license issued to any warehouseman to conduct a public warehouse under this Act for any violation of or failure to comply with any provision of this Act or the rules and regulations made thereunder. Suspension, revocation, or denial of license. (b) In the event that the Commissioner, after a hearing, finds and determines that a public warehouse is being operated in violation of the laws and regulations and in jeopardy of the public interest, he, in addition to revoking the license to operate such public warehouse, may, in his discretion, file a petition for receivership and liquidation in the superior court of the county in which the warehouse is located.

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Section 29. Judicial review of administrative determination, or decision . (a) Procedure . 1. Any person aggrieved by a final decision or determination in any matter in which a hearing is required or authorized by this Act or by the State or Federal Constitution is entitled to judicial review thereof, provided that the judicial review herein afforded shall be exclusive judicial remedy for review of such decision or determination. Judicial review. 2. Proceedings for review shall be instituted by filing a petition in the superior court of the county in which the licensee resides, within 30 days after service of the final decision or determination of the Commissioner. Copies of the petition shall be served upon the Commissioner and all other parties of record. The court in its discretion may permit other interested persons to intervene. 3. The filing of the petition shall not stay enforcement of the Commissioner's decision; but the Commissioner may do so, or the reviewing court may order a stay upon such terms as it deems proper. 4. Within thirty days after service of the petition, or within such further time as the court may allow, the Commissioner shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review; but, by stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record when deemed desirable. 5. If, before the date set for hearing, application is made to the court for leave to present additional evidence to the issues in the case, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Commissioner, the

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court may order that the additional evidence be taken before the Commissioner upon such conditions as the court may deem proper. The Commissioner may modify its findings and decision by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modification or new findings or decision. (b) Scope of review . 1. The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the Commissioner, not shown in the record, testimony thereon may be taken in the court. The court shall, upon request, hear oral argument and receive written briefs. Scope of review. 2. The court may affirm the decision of the Commissioner or remand the case for further proceedings before the Commissioner; or it may reverse or modify the decision or compel action unlawfully withheld, if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions or decisions are: (a) in violation of constitutional provisions; or (b) in excess of the statutory authority or jurisdiction of the Commissioner or affected by other error of law; or (c) made upon unlawful procedure; or (d) unsupported by substantial evidence as weighed in view of the entire record as submitted; or (e) arbitrary or capricious. (c) Appeals procedure . An aggrieved party may secure a review of any final judgment of the superior court under this Act by writ of error to the appropriate appellate court. Such writ of error from the superior court. Writ of error.

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Section 30. Exemption . (a) The provisions of this Act shall not be construed to apply to any warehouse which is or may hereafter be licensed under the United States Warehouse Act, as amended or under contract with the Commodity Credit Corporation or other Federal agencies or any agency designated by them and storing only under such contract; Provided, however, that this exemption shall apply only to those operations of the warehouse with respect to the agricultural product or products for which the warehouse is licensed under the United States Warehouse Act, as amended or under contract with said Corporation or such agency; Provided, further, however, any warehouseman wishing to be licensed by the State may be so licensed upon compliance with this Act, irrespective of a license he might hold under the United States Warehouse Act or a contract with the Commodity Credit Corporation or other Federal agency. Exemptions. (b) Any warehouse kept or maintained by any warehouseman on the premises of any other person under a contract between such warehousemen and such other person for the primary purpose of storage therein of agricultural products of such other person provided that no agricultural products are stored therein for the account of any producer other than such other person; provided, however, that such warehouseman may come under the provisions of this Act, at his option. (c) Any person, firm, corporation, or association storing peanuts, cottonseed, or tobacco, may be required only, at their option, by application, to qualify and come under the provisions of this Act. Section 31. Existing regulations . Nothing contained in this Act shall be interpreted so as to conflict with any existing regulations of the Federal government, or of the Federal and State governments jointly, governing inspection of goods in interstate commerce. Existing regulations. Section 32. Appropriation . For the fiscal year commencing

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July 1, 1954, there is hereby appropriated a sum of money equivalent to the license fees and inspection fees collected by Section 10 of this Act. The budget authorities are authorized and directed to transfer funds in that amount to Department of Agriculture for the purpose of carrying out the provisions of this Act. Appropriation. Section 33. Separability clause . If any provision of this Act or the applicability thereof to any person or circumstances shall be held invalid, the validity of other provisions of the Act and the applicability of the Act to other persons and circumstances shall not be affected thereby. Section 34. Repeal . All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Section 35. Effective date . This Act shall become effective July 1, 1954. Approved December 22, 1953. BUSINESS LICENSE TAXESDISABLED PERSONS EXEMPT. No. 839 (House Bill No. 602). An Act to repeal Section 84-2011 of the 1933 Code of Georgia, as amended, especially as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p.1151) and an Act approved March 27, 1947 (Ga. Laws 1947, p. 1163), relating to the issuance of certificates exempting certain disabled or injured veterans and blind persons from payment of business license tax; to repeal an Act entitled, An Act to amend an Act approved August 18, 1919, to provide rules of eligibility for applicants for disabled veterans' license; to provide for the issuance by the State Revenue Commissioner of Georgia certificates of exemption from payment of

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peddlers and business license tax to the holders of such disabled veterans' licenses; to authorize the State Revenue Commissioner of Georgia to cancel such license for cause; and for other purposes., approved March 15, 1935 (Ga. Laws 1935, p. 163); to repeal an Act entitled, An Act to amend an Act approved March 15, 1935 (Ga. Laws 1935, pp. 163-166) providing for the issuance of certificates of exemption from the payment of peddlers and business license tax holders of disability veterans' license; to establish rules of eligibility for certificates of exemption from the payment of such license tax; to make veterans of the present war eligible for certificates of exemption along with veterans of the first World War; to provide that no veteran shall receive a certificate of exemption for the operation of more than one place of business; to restrict and limit the use of veterans certificates of exemption to veterans as herein classified; to provide a penalty for the violation of this Act; and for other purposes., approved March 20, 1943 (Ga. Laws 1943, p. 617), so as to provide that certain disabled veterans, blind persons and disabled peacetime veterans may peddle, conduct business or practice the professions or semi-professions in any town, city, county or municipality of this State without paying a license for the privilege of so doing when such a person has a certificate of exemption issued by the State Revenue Commissioner; to provide the qualifications necessary to receive a certificate of exemption; to provide that application and affidavit must be made to the ordinary of the county in which the applicant resides; to provide for the issuance of a certificate of eligibility by the ordinary; to provide that certificates of eligibility issued by the ordinary shall be prima facie evidence of the right of the holder to receive a certificate of exemption issued by the State Revenue Commissioner; to provide authority for the State Revenue Commissioner to issue certificates of exemption; to provide that the State Revenue Commissioner may prescribe rules for the issuance of certificates of exemptions; to provide that the State Revenue Commissioner may cancel or suspend certificates of exemption

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for cause; to provide for notice and hearings before any certificate of exemption may be suspended or cancelled; to provide that applicants must state on their application the kind of business and the place where such proposed business is to be operated and to limit the business such person operates to the business decribed in the application filed with the State Revenue Commissioner; to provide that no person receiving a certificate of exemption under this Act shall allow the use of his or her name by any other person for the purpose of avoiding any license tax levied by the State or any county or municipality in this State; to provide that the State Revenue Commissioner shall furnish upon request of executive officers of municipalities of this State information as to payment of income taxes by applicants for exemption under this Act; to provide that certain occupations and businesses shall be excluded from this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 84-2011 of the 1933 Code of Georgia, as amended, especially as amended by an Act approved March 27, 1947 (Ga. Laws 1947, p. 1151) and an Act approved March 27, 1947 (Ga. Laws 1947, p. 1163), relating to the issuance of certificates exempting certain disabled or injured veterans and blind persons from payment of business license tax, is hereby repealed in its entirety; an Act entitled, An Act to amend an Act approved August 18, 1919, to provide rules of eligibility for applicants for disabled veterans' license; to provide for the issuance by the State Revenue Commissioner of Georgia certificates of exemption from payment of peddlers and business license tax to the holders of such disabled veterans' licenses; to authorize the State Revenue Commissioner of Georgia to cancel such license for cause; and for other purposes., approved March 15, 1935 (Ga. Laws 1935, p. 163), is hereby repealed in its entirety; and an Act entitled, An Act to amend an Act approved March

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15, 1935 (Ga. Laws 1935, pp. 163-166) providing for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disability veterans' license; to establish rules of eligibility for certificates of exemption from the payment of such license tax; to make veterans of the present war eligible for certificates of exemption along with veterans of the first World War; to provide that no veteran shall receive a certificate of exemption for the operation of more than one place of business; to restrict and limit the use of veterans certificates of exemption to veterans as herein classified; to provide a penalty for the violation of this Act; and for other purposes., approved March 20, 1943 (Ga. Laws 1943, p. 617), is hereby repealed in its entirety. Code 84-2011 repealed. Acts repealed. Section 2. The following classes of persons subject to the limitations hereinafter provided may peddle, conduct business, or practice the professions and semi-professions in any town, city, county or municipality in this State without paying a license for the privilege of so doing, provided such person receives a certificate of exemption issued by the State Revenue Commissioner as hereinafter provided: Persons eligible. (a) Any disabled veteran of any one or more of the following wars: (1) Spanish-American War. (2) World War I. (3) World War II. (4) Korean Conflict. (b) Any blind person. (c) Any veteran of peace-time service in the United States armed forces who has a physical disability incurred during the period of said service.

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Section 3. (a) No person shall be entitled to a license to peddle, conduct business or practice the professions or semi-professions under this Act until it has been made to appear to the issuing authority that the person making application therefor is a resident of this State; that the income of such person is such that he or she is not liable for the payment of State income taxes. What applicants must show. (b) Blind persons must furnish satisfactory proof of their blindness to the issuing authority. (c) A war veteran must furnish satisfactory proof that he or she has a physical handicap disabling to the extent of 10% or more; that his or her service in the armed forces of the United States was terminated under conditions other than dishonorable; and that his or her service or some part thereof were rendered during a war period as defined by an Act of the Congress of the United States, approved March 20, 1933, entitled An Act to Maintain the Credit of the United States, and commonly known as Public #2, 73rd Congress; or that some part of his or her service was rendered on or after December 7, 1941 and before December 31, 1946; or that some part of his or her service was rendered on or after June 27, 1950 and before that date which is fixed by proclamation of the President of the United States as the date of termination of the present conflict in Korea. Proof of such 10% disability shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Veterans Administration stating the degree of disability, or written evidence from the branch of the armed forces of the United States in which such veteran served. (d) A veteran of peace-time service in the United States armed forces must furnish proof that he or she has a physical disability to the extent of 25% or more incurred in line of duty during the period of said service by a letter or other written evidence from the United States Veterans Administration stating the degree of disability, or by written evidence from the branch of the armed

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forces of the United States in which such veteran served; that his or her service in the armed forces of the United States was terminated under conditions other than dishonorable. Section 4. That all persons within the groups enumerated in Section 2 of this Act seeking a certificate of exemption from the payment of a license for peddling, conducting a business or practicing a profession or semi-profession must first make application to the ordinary of the county in which he or she resides for a certificate of eligibility. Each applicant shall make an affidavit before the ordinary that he or she is not subject to payment of any income taxes to the State of Georgia. Upon receipt of the evidence required in Section 3 of this Act and the execution of the affidavit required by this section, the ordinary shall issue a certificate of eligibility stating that the applicant has furnished the proof required for the issuance of a certificate of exemption required by the State Revenue Commissioner. Applications. Certificates of eligibility. Section 5. The certificates of eligibility issued by any of the ordinaries of this State shall be prima facie evidence of the right of the holder thereof to a certificate of exemption to be issued by the State Revenue Commissioner. However, the State Revenue Commissioner may require additional proof when he has reason to believe that any applicant is not entitled to the exemptions provided for in this Act. The State Revenue Commissioner shall make and prescribe reasonable rules and regulations not inconsistent with this Act governing the issuance of certificates of exemption. Certificates of exemption. Section 6. The State Revenue Commissioner may cancel or suspend certificates of exemption at any time when it shall appear that the holder has become physically or financially ineligible to claim the exemption; that the certificate of exemption was procured through fraud or mistake or that the person to whom such certificate was issued has permitted another to enjoy the benefits of such exemption. Cancellation or suspension of certificates of exemption.

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Any suspension or cancellation of the certificate of exemption may be made only after affording the person concerned an opportunity to be heard either by counsel or in propria persona. Service of ten days' written notice of the time and place the State Revenue Commissioner expects to hear and determine the question of such suspension or cancellation shall be deemed sufficient notice when delivered by registered mail or by any sheriff, deputy sheriff, marshal, constable or police officer of any county or municipality of this State and evidence of such service shall be deemed sufficient on proof of the receipt by the person concerned of the registered package in which notice has been mailed or the return of service of any other officer. Section 7. All persons eligible for a certificate of exemption to be issued by the State Revenue Commissioner shall state in their application filed with the State Revenue Commissioner the kind of business to be operated and the place where such business is proposed to be carried on, and only the business described in the application shall be exempt from the payment of State, county and municipal business or occupation license taxes, and no person shall operate in his own name any other business than that described in his application filed with the State Revenue Commissioner as herein provided. Coverage of exemption certificate. Section 8. No person receiving a certificate of exemption from the State Revenue Commissioner shall allow the use of his name or the use of his certificate by any other person for carrying on any business or profession in this State for the purpose of avoiding any tax levied by the State or any county or municipality in this State, and any person allowing his certificate of exemption to be used in violation of this provision shall be subject to have his certificate cancelled by the State Revenue Commissioner. Any person attempting to operate any business or profession under a certificate of exemption issued under the provisions of this Act who is not the true and lawful holder of such certificate shall be guilty of a misdemeanor and shall, upon conviction, be punished as for a misdemeanor. Violations.

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Section 9. The State Revenue Commissioner, upon request of the mayor or other executive officer of municipalities of this State, shall furnish such municipalities of this State with information as to the payment of income taxes by applicants for exemption under the terms of this Act. Information as to income taxes. Section 10. No person qualifying under this Act shall be licensed to peddle any item, conduct any business or practice any profession or semi-profession which is prohibited by law. No person shall be licensed under this Act to deal in or peddle ardent or intoxicating drinks, to operate a billiard, pool or other table of like character, to deal in futures, to carry on a business of pawnbroker or auctioneer, or to sell fireworks. Businesses not covered. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 22, 1953. ALEXANDER H. STEPHENSBUST IN CAPITOL AUTHORIZED. No. 167. (House Resolution No. 247-790f). A Resolution. Authorizing the placing of a marble bust of Alexander Hamilton Stephens, Vice-President of the Confederate States of America, in the State Capitol; to provide the procedure therefor; and for other purposes. Whereas, the General Assembly of Georgia in 1952 authorized the placing of a marble bust of Alexander Hamilton Stephens, Vice-President of the Confederate States of America, in the State Hall of Fame of Virginia; and

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Whereas, pursuant to said resolution such marble bust was presented on February 11, 1953, by the State of Georgia to the Commonwealth of Virginia in impressive unveiling ceremonies in the Old Hall of the House of Delegates where the Congress of the Confederate States of America met in the Capitol at Richmond, Virginia; and Whereas, as was stated in the aforesaid resolution of 1952, the great sovereign State of Georgia was once one of the Confederate States of America and Alexander Hamilton Stephens, one of the greatest of all Georgians, served as Vice-President of the Confederate States of America, and it is earnestly desired that his memory be properly perpetuated for posterity; and Whereas, the Georgia Division of the United Daughters of the Confederacy has expressed the desire that a marble bust of Alexander Hamilton Stephens, similar to the one presented to the Commonwealth of Virginia, be placed in the State Capitol in Atlanta, Georgia; Now, therefore, be it resolved by the General Assembly of Georgia, that a marble bust of Alexander Hamilton Stephens, Vice-President of the Confederate States of America, be placed at a suitable location in the State Capitol in Atlanta, Georgia. Be it further resolved, that a committee be appointed, composed of three members of the House of Representatives and two members of the Senate, and said committee is hereby empowered and directed to ascertain the various types and descriptions of the aforesaid marble bust and to investigate the costs of obtaining such bust along with the person or persons to sculpture such bust, and said committee is directed to turn over this information to the Department of Archives of the State of Georgia in order that they might contract with the proper person or persons for the making and placing of the aforesaid bust of Alexander Hamilton Stephens in an appropriate location in the

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State Capitol. Provided, however, that the contract price shall not exceed the sum of three thousand dollars ($3,000.00). Be it further resolved, that the aforesaid joint committee shall be entitled to the same compensation, expenses and incidental expense allowances while carrying out their duties, as set forth herein, which they receive during the regular session of the General Assembly. Approved December 18, 1953. RULES OF PRACTICE AND PROCEDURE AMENDED. No. 168. (House Resolution 295-919a). A Resolution. To ratify and confirm rules of practice and procedure for appeal or review in all cases, civil or criminal, to or from any of the courts of this State, as adopted and prescribed by the Supreme Court of Georgia on November 23, 1953, in pursuance of an Act approved February 16, 1945 (Ga. Laws 1945, p. 145); to ratify and confirm the date on which said rules of practice and procedure shall become effective; to repeal conflicting laws; and for other purposes. Whereas, the General Assembly of Georgia enacted an Act entitled: An Act to provide for the making of procedure and practice in the courts of this State simpler and more expeditious, and to make litigation less expensive and cumbersome; to that end to vest in the Supreme Court of Georgia and the Justices thereof the power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil action and civil proceedings of all kinds in the courts of this State,

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and of the practice and procedure for appeal or review in all cases, civil and criminal to or from any of the courts of this State; to provide for the taking effect of such rules, and for other purposes., which was approved February 16, 1945; and Whereas, in conformity with the provisions of Section 4 of the Act, the Supreme Court appointed a committee from the Bar of this State to aid in the preparation of rules falling within the purview of Section 1 of said Act; and Whereas, said committee has filed with the Supreme Court its report containing eight numbered parts or paragraphs, and being signed by Charles J. Bloch, Chairman, and attested by Claude Joiner, Jr., as Secretary, recommending the adoption of certain rules with respect to practice and procedure in the courts of this State; and Whereas, the Supreme Court, by an order dated November 23, 1953, adopted and prescribed the rules as recommended in said committee's report, which report is further identified in the said order of the Supreme Court, a certified copy of said order being attached hereto and a certified copy of the committee's report being attached hereto, and both of said attachments being made a part of this resolution; and Whereas, the Supreme Court did in its said order provide for a report of its action to this session of the General Assembly of Georgia, which has been done; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the acts of the Supreme Court in adopting and prescribing said rules and the said rules themselves as thus adopted by the court, be and the same are hereby ratified and confirmed, and that said rules shall take effect January 1, 1954.

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Be it further resolved, that all laws and parts of laws in conflict with this resolution are hereby repealed. Supreme Court of Georgia. Atlanta, November 23, 1953. The Honorable Supreme Court met pursuant to adjournment. The following order was passed: Whereas, the General Assembly, at its session held in 1945, passed an Act entitled An Act to provide for the making of procedure and practice in the courts of this State simpler and more expeditious, and to make litigation less expensive and cumbersome; to that end to vest in the Supreme Court of Georgia and the Justices thereof the power to prescribe, modify, and repeal rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the courts of this State, and of the practice and procedure for appeal or review in all cases, civil and criminal, to or from any of the courts of this State; to provide for the taking effect of such rules, and for other purposes, which Act was approved February 16, 1945 (Ga. L. 1945, pp. 145 et seq.). Whereas this Court did thereafter, in pursuance of said Act, appoint a committee from the Bar of this State to aid in preparation of rules falling within the purview of Section 1; and Whereas, the said committee has made a report to this court recommending rules of procedure and pleading and practice, which report is identified as containing eight numbered parts or paragraphs, and as having been signed by Charles J. Bloch, Chairman, and attested by Claude Joiner, Jr., as Secretary, and as having been filed in the office of the clerk of this court on November 23, 1953. It is hereby ordered that the said report be accepted and approved, and that all of the rules of practice and

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procedure as therein recommended be and the same are adopted and prescribed by this court in terms of the said Act, the same to become effective on January 1, 1954, subject nevertheless to ratification and confirmation by the General Assembly of Georgia as in said Act provided. Ordered further, that the said rules of practice and procedure as thus adopted and prescribed by this court be reported to the General Assembly now in session, which convened on Monday, November 16, 1953, for such action as that body may see fit to take with respect to ratifying and confirming the same. To that end, let the clerk of this court prepare two certified copies of this order, and of the said committee's report as above described, containing such rules; and thereupon let the sheriff of this court deliver one of such certified copies of this order, together with one of said certified copies of the said committee's report, to the President of the Senate, and deliver in like manner one of each of said certified copies to the Speaker of the House of Representatives, for such action as the General Assembly may see fit to take in the premises. Supreme Court of Georgia Atlanta, November 23, 1953. I certify that the above is a true copy of an order of the Supreme Court passed on November 23, 1953. Witness my signature and the seal of this court hereto affixed the day and year above written. /s/ Henry H. Cobb Deputy Clerk, Supreme Court. (State Supreme Court Seal) To the Honorable The Supreme Court of Georgia: The Committee from the Bar of this State appointed by the Supreme Court pursuant to the provisions of an

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Act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, pages 145 et. seq.) to aid in the preparation, modification and amendment of rules of procedure and pleading in civil actions and civil proceedings of all kinds in the court of this State, and of practice and procedure for appeal or review in all cases, civil and criminal to or from any of the courts or tribunals of this State, recommends to the court the following: 1. Pleading in Counts . That Section 81-103 of the Code of Georgia of 1933 be amended by adding at the end thereof the following sentence: Where a petition contains separate counts, it is permissible for paragraphs of one count to be adopted in and made a part of another count merely by reference to the same., so that said Section 81-103 of the Code of 1933 shall read, as follows: Code 81-103 amended. 81-103Petition to be paragraphed; averments not denied taken as prima facie true. All petitions in the superior courts for legal or equitable relief or both shall set forth the cause of action in orderly and distinct paragraphs, numbered consecutively; and any averment distinctly and plainly made therein, which is not denied by the defendant's answer, shall be taken as prima facie true, unless the defendant shall state in his answer that he can neither admit nor deny such averment because of the want of sufficient information. When a petition contains separate counts it is permissible for paragraphs of one count to be adopted in and made a part of another count merely by reference to the same. Petitions. Counts. 2. Judgment Notwithstanding the Verdict . That there be adopted, prescribed and enacted the following: Whenever a motion for a directed verdict, made at the close of all the evidence, is denied, or for any reason is not granted, a party who has moved for a directed

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verdict, within 30 days after the reception of verdict, may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with his motion for directed verdict; or, if a verdict was not returned, such party, within 30 days after the jury before which the case was tried has been discharged, may move for judgment in accordance wtih his motion for a directed verdict. To the overruling of this motion, the party making the same may take specific exception in the final bill of exceptions, and if the exception is sustained by the appellate court, direction shall be given that verdict be entered in accordance with the motion. A motion for a new trial may be joined with this motion, or may be filed separately. If a motion for judgment notwithstanding verdict is filed, and no motion for new trial is filed, the trial judge, before entering final order, shall give the moving party reasonable time in which to present for approval such a transcript or brief of the evidence as is required in motions for new trial. Judgment notwithstanding the verdict. 3. Clarification of Law as to Brief of Evidence . (a) That Section 70-301 of the Code of 1933 which reads: All applications for a new trial, except in extraordinary cases, shall be made during the term at which the trial was had; and when the term shall continue longer than 30 days, the application shall be filed within 30 days from the trial, together with a brief of evidence, subject to the approval of the judge and subject to the right of amendment allowed in applications for a new trial; but all applications herein provided for may be heard, determined, and returned in vacation., be amended by inserting therein after the words brief of evidence the words or stenographic report and copies or a summary of documentary evidence, so that the said section when amended will read as follows: Code 70-301 amended. All applications for a new trial, except in extraordinary cases, shall be made during the term at which the trial was had; and when the term shall continue

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longer than 30 days, the application shall be filed within 30 days from the trial, together with a brief of evidence or stenographic report and copies or a summary of documentary evidence, subject to the approval of the judge and subject to the right of amendment allowed in applications for a new trial; but all applications herein provided for may be heard, determined, and returned in vacation. Motion for new trial. (b) That Section 70-305 of the Code of 1933, which reads, as follows: The brief of evidence required on motions for new trial shall be a condensed and succint brief of the material portions of the oral testimony, including a similar brief of interrogatories read on the trial. In such brief there shall be included the substance of all material portions of all documentary evidence. Documentary evidence copied as an exhibit or set out in the pleadings, and introduced in evidence, shall not be set out in the brief except by reference to the same. In all cases in which the testimony has been stenographically reported, the same may be reduced to narrative form, or the stenographic report may be used in whole or in part in making up the brief, with immaterial questions and answers and parts thereof stricken, so as in every case to shorten the brief, and include therein only material evidence., be amended by striking the last sentence thereof and inserting in lieu thereof the following: Code 70-305 amended. Brief of evidence. The stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies of a summary of documentary evidence introduced at the trial may be used in place of a brief of evidence. (c) That Section 24-3347 of the Code of 1933, which is: In every application for a new trial, a brief of the testimony in the cause shall be filed by the party applying for such new trial, under the revision and approval of the court. If, pending the motion, the presiding judge shall die or a vacancy otherwise occur, then

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his successor shall hear and determine the motion from the best evidence at his command., be amended by adding after the words, a brief of the testimony, the words, or a stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies or a summary of documentary evidence introduced at the trial, and by striking the words in the cause; so that the section, when amended, shall read as follows: Code 24-3347 amended. In every application for a new trial, a brief of the testimony or a stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies of a summary of documentary evidence introduced at the trial shall be filed by the party applying for such new trial, under the revision and approval of the court. If, pending the motion, the presiding judge shall die, or a vacancy otherwise occur, then his successor shall hear and determine the motion from the best evidence at his command. (d) That Subsection 1 of Section 6-801 of the Code of 1933, which reads: If the case is not one in which a judgment on a motion for new trial is to be reviewed, the plaintiff in error shall plainly and specifically set forth the errors alleged to have been committed, and shall incorporate in the bill of exceptions a brief of so much of the written and oral evidence as is material to a clear understanding of the errors complained of, and shall specify therein such portions of the record as are material to such understanding., be amended by adding after the words errors complained of in the fifth line thereof the words a stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies or a summary of documentary evidence introduced at the trial, so that said subsection, when amended, shall read as follows: Code 6-801 amended. If the case is not one in which a judgment on a motion for new trial is to be reviewed, the plaintiff in error shall plainly and specifically set forth the errors

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alleged to have been committed, and shall incorporate in the bill of exceptions a brief of such of the written and oral evidence as is material to a clear understanding of the errors complained of, or a stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies of a summary of documentary evidence introduced at the trial, and shall specify therein such portions of the record as are material to such understanding. (e) That Section 6-802 of the Code of 1933, which reads as follows: If the plaintiff in error shall so elect, he may have the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions., be amended by adding thereto the following: If the plaintiff in error shall so elect, he may have the stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies or a summary of documentary evidence introduced at the trial approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions, so that, Section 6-802, when amended, shall read, as follows: Code 6-802 amended. If the plaintiff in error shall so elect, he may have the brief of so much of the evidence as is necessary to a clear understanding of the errors complained of approved by the judge and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions. If the plaintiff in error shall so elect, he may have the stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies or a summary of documentary evidence introduced at the trial approved by the judge

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and made a part of the record and sent up by the clerk as a part thereof, rather than have the same incorporated in the bill of exceptions. (f) That Section 6-803 of the Code of Georgia of 1933, which is as follows: When a party shall desire to review the judgment of the court in granting or refusing a new trial, the plaintiff in error shall specifically set out the errors complained of, and shall specify only so much of the brief of evidence and such other parts of the record as are material to a clear understanding of the errors complained of. The judge to whom such bill of exceptions is tendered shall, by any needful alteration, cause the same to conform to the truth and to refer to so much of the evidence and such other parts of the record as are material to a clear understanding of the errors complained of; and he shall cause the clerk to send up only so much of the evidence and such other parts of the record as he may certify are material, be amended by striking the period at the end of the first sentence, inserting a comma in lieu of the period, and adding the following: or he may specify the stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies or a summary of documentary evidence introduced at the trial; so that said section, when amended, shall read as follows: Code 6-803 amended. When a party shall desire to review the judgment of the court in granting or refusing a new trial, the plaintiff in error shall specifically set out the errors complained of, and shall specify only so much of the brief of evidence and such other parts of the record as are material to a clear understanding of the errors complained of, or he may specify the entire transcript of the record on the trial of the case, with immaterial questions and answers and parts thereof stricken. The judge to whom such bill of exceptions is tendered shall, by any needful alteration, cause the same to conform to the truth and to refer to so much of the evidence and such other parts of the record as are material to a

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clear understanding of the errors complained of; and he shall cause the clerk to send up only so much of the evidence and other parts of the record as he may certify are material, or he may specify the stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies or a summary of documentary evidence introduced at the trial. (g) That the following rule be adopted, prescribed and enacted: That in all cases or situations in which a brief of evidence is now permitted or required under the laws of this State, it shall be deemed a compliance with such permission or requirement that a stenographic report of the trial of the case, with immaterial questions and answers and parts thereof stricken, and copies or a summary of documentary evidence introduced at the trial be supplied or used. Brief of evidence. (4) Amendment to Rule 6 of Rules of Procedure of 1946, (p. 769) (which amended Code Section 81-202 as to service of process and leaving and signing a copy). That there be adopted, prescribed and enacted the following: That Section 81-202 of the Code of 1933, which, as amended by the Acts of 1946, pages 769-70, is: The clerk shall immediately deliver the original petition with process annexed, together with a copy of the petition and process for each defendant, to the sheriff or his deputy, who shall serve such copy upon each defendant residing in the county immediately or within five days from the time of receiving it. The officer serving the petition and process shall make an entry of such service upon the original petition and return it to the clerk. The entry of service shall show the date of service. Each copy served on a defendant shall show a date of service signed by the officer serving. Leaving a copy at defendant's residence shall be a sufficient service, be amended by inserting the words: provided however, that the failure of the copy served on the

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defendant to show thereon a date of service signed by the officer serving shall not invalidate any service otherwise legally made in the next to the last line of said section and following the words: Each copy served on a defendant shall show a date of service signed by the officer serving., so that, said section, when amended, will read: Code 81-202 amended. The clerk shall immediately deliver the original petition, with process annexed, together with a copy of the petition and process for each defendant, to the sheriff or his deputy, who shall serve such copy upon each defendant residing in the county immediately or within five days from the time of receiving it. The officer serving the petition and process shall make an entry of such service upon the original petition and return it to the clerk. The entry of service shall show the date of service. Each copy served on a defendant shall show a date of service signed by the officer serving, provided, however, that the failure of the copy served on the defendant to show thereon a date of service signed by the officer serving shall not invalidate any service otherwise legally made. Leaving a copy at defendant's residence shall be a sufficient service. Service of process. (5) Amendments to Sections 110-401 and 110-406 of the Code of 1933 As Amended Heretofore by Rules of Procedure 18 and 23 . (a) That Section 110-401 of the Code of 1933, as amended by Rule 18 of the Rules of Procedure of 1946 (Ga. Laws 1946, pp. 777-8) be stricken and repealed, and in lieu thereof the following be adopted, prescribed and enacted: Code 110-401 amended. 110-401. Default; automatic on failure to file answer in time; opening as matter of right, issues in default cases. If any case is not answered on or before its appearance day, such case shall automatically become in default unless the time has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15

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days after the appearance day, upon the payment of costs. If the case is still in default after the expiration of such period of 15 days, the plaintiff, at any time thereafter shall be entitled to verdict and judgment by default as if every item and paragraph of the petition were supported by proper evidence, and his claim, allegation or demand may at any time thereafter be tried without the intervention of a jury unless the suit is one for unliquidated damages, whether ex contractu or ex delicto, in either of which events the plaintiff shall be required to introduce evidence and establish the amount of damages before a jury, with the right to move for a new trial in respect to such damges, and also to except as in other cases. (b) That Section 110-406 of the Code of 1933, as amended by Rule 23 of the Rules of Procedure of 1946 (Ga. Laws 1946, p. 779) be stricken and repealed and, in lieu thereof, the following be adopted, prescribed and enacted: Code 110-406 amended. 110-406. Judgment without a jury, when.The court, either in open court or at chambers, shall render judgment without the verdict of a jury in all civil cases founded on unconditional contracts in writing where an issuable defense is not filed under oath or affirmation on or before the appearance day as to such case and where the period allowed by law for opening defaults as a matter of right has expired, and where the case is still in default. Judgment without jury. (6) Rule Permitting Parties to File Joint Motions for New Trial and Bills of Exceptions . (a) That the following rule be adopted, prescribed and enacted: Whenever two or more persons are defendants in an action and there is a judgment or decree against each of them which may be carried to the Supreme Court or Court of Appeals upon a bill of exceptions, they may jointly present, have certified, and file, as joint plaintiffs in error, a bill of exceptions specifying

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in said joint bill of exceptions the errors complained of by each separately or by both or all jointly. This rule shall also apply where two or more persons shall have sued jointly, and there has been a judgment or decree adverse to them. Joint bill of exceptions. (b) That the following rule be adopted, prescribed and enacted: Wherever two or more persons are defendants in an action and there is a verdict or judgment or decree against each of them, they may jointly apply for a new trial, and jointly amend and perfect such application or motion, specifying in said joint motion the errors complained of by each separately or by both or all jointly. This rule shall also apply where two or more persons sue as joint plaintiffs, and where two or more cases are consolidated for the purpose of trial. Joint motions for new trial. (7) Abolition of Exceptions Pendente Lite . It is recommended: (a) That Section 6-905 of the Code of 1933, as amended by Georgia Laws 1946, pp. 726, 738, which is: 6-905 (6154) Exceptions pendente lite: certification; time to tender.Exceptions tendered before the final judgment, for the mere purpose of being made a part of the record, shall be certified to be true by the judge and ordered to be placed on the record. Such exceptions shall be tendered within 20 days from the date of the order, decision or ruling complained of., be repealed and, in lieu thereof, there be adopted, prescribed and substituted: Code 6-905 amended. Exceptions pendente lite are hereby abolished, and it shall not be necessary to prepare, have certified and allowed, or file exceptions pending trial in order to assign as error on appeal a court's decision, ruling, sentence or decree, but all exceptions to any antecedent ruling, judgment, sentence or decree may be made in the final bill of exceptions complaining of a final judgment, irrespective of the time elapsing between the date of the ruling complained of and the presentation

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of the final bill of exceptions. This Act shall apply to causes pending in the trial courts at the time of its approval, and to all causes subsequently filed. Exceptions before final judgment. (b) That Section 6-701 of the Code of 1933, as amended by Georgia Laws 1946, pp. 726, 730, which is: 6-701 (6138; 1096 P. C.) Causes pending in lower court; finality of judgments; mandamus and quo warranto cases.No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto; but, at any stage of the cause, either party may file his exception to any decision, sentence, or decree of the superior or city court; and if the same is certified and allowed, it shall be entered of record in the cause; and should the case at its final determination be carried by writ of error to the Supreme Court or Court of Appeals by either party, error may be assigned upon such bill of exceptions, and a reversal and new trial may be allowed thereon, when it shall be manifest that such erroneous decision of the court has or may have affected the final result of the case. No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by a bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of these cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases., be amended by striking the words: but, at any stage of the cause, either party may file his exception to any decision, sentence or decree of the superior or city court; and if the same is certified and allowed, it shall be entered of record in the cause so that, said section, when amended, will read: Code 6-701 amended.

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6-701 (6138; 1096 P. C.) Causes pending in lower court: Finality of judgments: mandamus and quo warranto cases. No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause or final as to some material party thereto, and should the case at its final determination be carried by writ of error to the Supreme Court or Court of Appeals by either party, error may be assigned upon any antecedent ruling and a reversal and a new trial may be allowed thereon, when it shall be manifest that such erroneous decision of the court has or may have affected the final result of the case, irrespective of the time elaspsing between the date of such antecedent ruling and the presentation of the final bill of exceptions. No bill of exceptions as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken to the Supreme Court by a bill of exceptions and writ of error until there has been a final judgment in the trial court. The overruling of a general demurrer in any of these cases shall not be deemed a final judgment subject to review; but the grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases. Final judgment. (c) That Section 6-1305 of the Code of 1933, which is: Exceptions pendente lite: Sufficiency of assignment of errorWhen the final bill of exceptions shall show that exceptions pendente lite were properly filed in the trial court and where the contents of such exceptions pendente lite shall be recited in the bill of exceptions, or a copy thereof shall appear in the transcript of record, an assignment of error in the final bill of exceptions, either upon the exceptions pendente lite or upon the rulings therein excepted to shall be held to be sufficient be repealed. Code 6-1305 repealed. 8. Service of Bill of Exceptions . That Section 6-911

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(1) relating to service of bills of exceptions be amended by adding at the end thereof the following language: Where there is no acknowledgment or waiver of service the return of such service may be either in the form of an affidavit or by an unverified certification of one of counsel for plaintiff in error showing service, indorsed upon or annexed to the bill of exceptions or cross bill., so that, said Section 6-911 (1) of Chapter 6-9 of the Code of 1933, when so amended, shall read as follows: Code 6-911 amended. 6-911. Service of copy on defendants; time; waiver. 1. Within 10 days after the bill of exceptions shall be signed and certified, the party plaintiff therein shall serve a copy thereof upon the opposite party or his attorney; and, if there shall be several parties with different attorneys, upon each, with a return of such service (or acknowledgment of service) indorsed upon or annexed to such bill of exceptions; and they alone are parties defendant in the appellate court who are thus served; Where there is no acknowledgment or waiver of service, the return of such service may be either in the form of an affidavit or by an unverified certification of one of counsel for plaintiff in error showing service, indorsed upon or annexed to the bill of exceptions or cross bill. Service of bill of exceptions. Respectfully submitted, H. W. Nelson, Adel, Alapaha Circuit. S. P. Cain, Cairo, Albany Circuit. Pope F. Brock, Atlanta, Atlanta Circuit. F. M. Bird, Atlanta, Atlanta Circuit. D. F. McClatchey, Atlanta, Atlanta Circuit. J. T. Grice, Glennville, Atlantic Circuit. W. Inman Curry, Augusta, Augusta Circuit. Joseph B. Cumming, Augusta, Augusta Circuit. A. J. Henderson, Canton, Blue Ridge Circuit. J. G. Roberts, Marietta, Blue Ridge Circuit. Charles L. Gowen, Brunswick, Brunswick Cir. Frank D. Foley, Columbus, Chattahoochee Cir. Harvey L. Jay, Fitzgerald, Cordele Circuit.

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E. S. Ault, Cartersville, Cherokee Circuit. W. S. Allen, Greenville, Coweta Circuit. A. A. Lawrence, Savannah, Eastern Circuit. L. R. Goodrich, Griffin, Griffin Circuit. John B. Harris, Macon, Macon Circuit. A. M. Anderson, Perry, Macon Circuit. E. W. Jordan, Sandersville, Middle Circuit. Joseph G. Collins, Gainesville, Northeastern Circuit. Raymonde Stapleton, Elberton, Northern Cir. W. S. Mann, McRae, Oconee Circuit. Fred T. Lanier, Statesboro, Ogeechee Cir. Lowery Stone, Blakely, Pataula Circuit. Clifford Pratt, Winder, Piedmont Circuit. Marvin A. Allison, Lawrenceville, Piedmont Circuit. Omer W. Franklin, Valdosta, Southern Cir. W. W. Dykes, Americus, Southwestern Circ. B. Hugh Burgess, Decatur, Stone Mountain Ct. Hal C. Hutchens, Dallas, Tallapoosa Circ. W. C. Forehand, Sylvester, Tifton Circuit. Earle Norman, Washington, Toombs Circuit. Larry E. Pedrick, Waycross, Waycross Cir. Abit Nix, Athens, Western Circuit. Robt. B. Troutman, Past President Ga. Bar. Vance Custer, Past President, Ga. Bar. Assn. A. Edward Smith, Past President, Ga. Bar. William Butt, Past President, Ga. Bar Assn. Edward A. Dutton, President, Ga. Bar Assn. Charles J. Bloch, Chairman. I, Charles J. Bloch, Chairman of the Committee from the Bar of this State mentioned in the first paragraph of this report do certify that a proposed report embodying substantially the contents of this report was submitted to all members of said committee, as hereinabove listed, and subsequently submitted to a meeting of the committee called for that purpose on October 27, 1953. At that meeting the following members were present: Messrs. Brock, Bird, Cumming, Gowen, Harris, Judge Anderson, Judge Pratt, Messrs. Anderson,

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Judge Pratt, Messrs. Allison, Franklin, Burgess, Pedrick, Troutman, Smith and Bloch. As a result of that meeting, suggestions there made, conferences with the Justices of the Supreme Court and conferences and correspondence with members of a subcommittee, composed of Messrs. Foley, Gowen, Harris, Lawrence, Pedrick and the Chairman, this final report was formulated by the Chairman of the Committee. This 21 day of November, 1953. /s/ Charles J. Bloch Chairman. Attest: /s/ Claude Joiner, Jr. Approved December 22, 1953. VETERANS ADMINISTRATION HOSPITALSADMISSION. No. 169 (House Resolution No. 353). A Resolution. Whereas, the Veterans Administration of the Federal Government has made a ruling that in order to be admitted to a Veterans Administration Hospital, a veteran must take a pauper's oath; and whereas, such a ruling is arbitrary and discriminatory; Now, therefore, be it resolved by the General Assembly of Georgia, that the Veterans Administration is hereby requested to rescind such ruling and abolish V. A. Form 10-P-10a, which is an application for hospitalization and requires veterans to take the pauper's oath. Approved December 22, 1953.

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GEORGIAN CLINICCOMMITTEE TO VISIT AND INSPECT. No. 172 (Senate Resolution No. 75). A Resolution. Whereas, the Georgian Commission on Alcoholism, under the efficient direction of Mr. Paul H. Fraser, as executive director, has established the Georgian Clinic at 1260 Briarcliff Road, N. E., Atlanta, Georgia; and Whereas, the said Paul H. Fraser has requested that a committee from the General Assembly of Georgia visit and inspect said clinic; Therefore, be it resolved by the Senate, the House concurring, that a committee of five, two to be named by the President of the Senate and three to be named by the Speaker of the House, be appointed to visit and inspect the Georgian Clinic; and Be it further resolved that the State Department of Public Health be invited to have representatives make such inspection trip with said committee. Approved December 22, 1953. FULTON COUNTY GRANTED SURPLUS EXPRESSWAY LANDS. No. 177 (House Resolution No. 248-790g). A Resolution. Authorizing the State Highway Department of Georgia by and through the proper officials of the State of Georgia to convey to Fulton County, a political subdivision of the State of Georgia, without cost to said

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county all surplus property purchased by said county with its bond funds in the name of State Highway Department of Georgia. Whereas, Fulton County, a political subdivision of the State of Georgia, by negotiation and by condemnation proceedings, acquired all of the land on the North-South Expressway between University Avenue in Fulton County, Georgia and the Clayton County, Georgia, county line in the name of the State Highway Department of Georgia, being project UI-536 (2) Section 1A and project UI-536 (2) Section 1B of said Highway Department, and; Whereas, said land was purchased by said county entirely with bond funds of said county, the State Highway Department of Georgia paying no part of said purchase price, and; Whereas, all of said land purchased had first been appraised by competent real estate appraisers, and; Whereas, in some instances the said county purchased by negotiation more land than was necessary for the construction of the said North-South Expressway when same could be purchased within the appraised price and title to all land thus purchased was taken in the name of the State Highway Department of Georgia, thereby placing in the name of the State Highway Department of Georgia surplus property which can be sold by said county, the proceeds of which can be applied against the bonded indebtedness of said county. Now, therefore, be it resovled by the General Assembly of the State of Georgia, that the State Highway Department of Georgia, by and through its proper officers, convey to Fulton County, a political subdivision of the State of Georgia, all of the surplus property along the North-South Expressway in Fulton County between University Avenue and the Clayton County line in project UI-536 (2) Section 1A and project UI-536

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(2) Section 1B. If for any reason the officers of the State Highway Department of Georgia cannot execute such deeds, then the proper officials of the State of Georgia are hereby authorized to execute the necessary deeds. Approved December 18, 1953. LOYALTY DAY ESTABLISHED. No. 179 (House Resolution No. 314-1001e). A Resolution. Proposing to direct the Governor to designate May 1 of each year as Loyalty Day. Whereas, there exist on this earth today certain forces dedicated to the despicable proposition that the State is an end in itself, superior to all the traditional concepts of individual liberty; and Whereas, the proponents of this collectivistic and tyrannical philosophy of Bolshevism do by cunning and demagogic displays and expositions, disseminate their false propaganda; and Whereas, it is altogether fitting and proper that the people of this sovereign State combat the base supplications of these godless hordes of socialism by a rededication of our lives to God, county, and the sacred course of individual liberty; Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor be authorized and directed by proclamation to designate May 1 of each year as Loyalty Day, at which time all the citizens of this State shall reaffirm their beliefs, as aforesaid. Approved December 18, 1953.

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TOBACCO SPECIALISTS AUTHORIZED. No. 181 (House Resolution No. 357). A Resolution. Whereas, the flue-cured tobacco crop in Georgia has for a number of years been increasingly important, the sale of which amounted to $98,000,000 in 1953, ranking this crop third in total gross income to Georgia farmers, and Whereas, tobacco farmers are losing an enormous amount of money due to lack of information and assistance on production and marketing practices of their crop, and Whereas, an effective program in tobacco research is being carried on by the University of Georgia, College of Agriculture Experiment Stations, and Whereas, it is the responsibility of the University of Georgia Agricultural Extension Service to carry the findings of this research program to the tobacco growers, and through the county agents assist them with all of their tobacco problems, Now, therefore be it resolved, that adequate funds be made available to the Board of Regents of the University System of Georgia for the employment of a tobacco specialist on the staff of the University of Georgia, College of Agriculture, Extension Service, effective January 1, 1954. Now, therefore be it further resolved, that the Commissioner of Agriculture of the State of Georgia be requested to add two tobacco specialists to his staff for the purpose of thoroughly reporting on the condition of the tobacco crops throughout the State. The Commissioner of Agriculture is requested to have these people report to him whether the crop is early or late in each

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growing season in order that he may advise the growers of Georgia about marketing problems. Approved December 22, 1953. CONFEDERATE SOLDIERS HOME PROPERTY TRANSFERRED TO MILITARY DEPARTMENT. No. 183 (Senate Resolution No. 65). A Resolution. Providing for transfer of certain property being used for the Confederate Soldiers Home to the Military Department of the State of Georgia; and for other purposes. Whereas, on November 20, 1901, the State of Georgia acquired certain lands in the 14th District of originally Henry now Fulton County, Georgia, being parts of Land Lots 9, 10, 23 and 24, for the purpose of maintaining a Confederate Soldiers Home for a period of 20 years or for such period as the number of inmates or applicants may justify or require; and Whereas, the number of inmates of such Confederate Soldiers Home is such that all of said property is no longer required for said purpose, but only a portion thereof; and Whereas, it is necessary that the Military Department of the State of Georgia occupy certain of the vacant buildings and grounds of said property not used for the Confederate Soldiers Home; and Whereas, it is necessary that the Military Department make such improvements and changes in said property as will better fit it for the uses of said department, and in order to make such improvements it is necessary that the Military Department have more definite control and management of said property; and

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Whereas, by executive order dated February 8, 1940, the Governor of this State assigned and set over to the Military Department certain portions of the aforesaid tract of land for military purposes; and Whereas, after a thorough survey and examination of the original deed conveying this property to the State by the firm of Vinson and Company, Inc., registered surveyors, of Atlanta, Georgia, it has been determined that the description of said property as set forth in the aforementioned executive order is grossly in error; and Whereas, by executive order dated September 15, 1953, the Governor amended said 1940 executive order to correct the description of said property; and Whereas, it is desirable that said description be designated by the General Assembly, Now, therefore, be it resolved by the General Assembly of Georgia that the following portions of the aforesaid described property formerly used for the purpose of maintaining the Confederate Soldiers Home, to wit: All that tract or parcel of land situated, lying and being in the 14th District of originally Henry, now Fulton County, Georgia, being parts of land lots 9, 10, 23, and 24, known as parts of the Julius A. Hayden farm, and particularly described as follows: Commencing at a point on the south side of Confederate Avenue in the center of the driveway leading to the Confederate Soldiers Home, and running thence south 9 degrees 39 minutes west a distance of 820 feet to an iron pin; thence south 83 degrees 17 minutes east a distance of 291 feet to an iron pin; thence north 78 degrees 10 minutes east 367 feet, more or less, to the center line of a branch; thence south along the meanderings of said branch a distance of 2320 feet, more or less, to the point where the said branch intersects with Entrenchment Creek; thence westerly along the center of the meanderings of said Entrenchment Creek a distance of

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1950 feet, more or less; thence north 12 degrees west 1700 feet, more or less, to the center of the east prong of Entrenchment Creek; thence northerly in the center of the meanderings of said east prong of Entrenchment Creek a distance of 650 feet, more or less; thence south 80 degrees 38 minutes east 433 feet, more or less, to an iron pipe; thence south 85 degrees 48 minutes east 660 feet to an iron pipe; thence north 5 degrees east 525 feet to an iron pipe on the south side of Confederate Avenue; thence south 87 degrees 04 minutes east along the south side of the Confederate Avenue 299.8 feet to the point of beginning; is hereby assigned and set over, and the custody and control thereof is hereby transferred to the Military Department of the State of Georgia, so that said department may use said property for the purposes of the department. Be it further resolved that a copy of this resolution be sent to the Governor and the Military Department of the State of Georgia. Approved December 21, 1953. MUNICIPAL TAXATIONCOMMITTEE TO STUDY. No. 186 (House Resolution No. 340). A Resolution. Establishing a committee to study the problem of municipal taxation; and for other purposes. Whereas, it has become increasingly apparent that some solution must be found to the problems relating to municipal taxation, due to the fact that municipalities are rapidly being deprived of sources of taxation, and revenues of municipalities are becoming depleted as a result thereof; and

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Whereas, it is essential, not only to municipalities but to the entire State, that municipalities remain strong and solvent; and Whereas, it is essential that the members of the General Assembly have available proper information relating to municipal taxation in order that they might understand the problems connected therewith, and be able to cast their votes on bills relating to taxation with a greater degree of certainty due to such knowledge; Now, therefore, be it resolved by the General Assembly of Georgia, that a committee be created to make a thorough study of all problems relating to municipal taxation. This committee shall be composed of ten members. Three of the members shall be appointed by the Speaker of the House, two by the Lieutenant-Governor, who shall receive a per diem not to exceed twenty days. Five members shall be appointed by the proper authority of the Georgia Municipal Association, and shall draw no compensation from the State. Those five persons shall be selected from cities of various populations and should be familiar with municipal tax problems. The committee shall make a study of the tax laws of this State and the relation which such laws bear to municipalities, and shall make a thorough study of all methods by which municipal taxation can be correlated with Federal, State and county taxation. The committee shall make a report to the 1955 session of the General Assembly, and such report shall include a complete analysis of its study and its recommendations on the subject of municipal taxation. Approved December 22, 1953.

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SMALL LOAN BUSINESSCOMMITTEE TO INVESTIGATE. No. 187 (House Resolution No. 359). A Resolution. It having been suggested that a loan shark racket exists in certain sections of this State and that legislation may be necessary to cure such evil if it in fact exist; it is therefore Resolved by the House of Representatives, the Senate concurring, that a commission to be composed of five members, one to be appointed by the Speaker of the House, from the membership of the House of Representatives, one to be appointed by the President of the Senate from the membership of the Senate, one to be named by the President of the Georgia Bar Association, and two to be named by the Governor, be constituted to investigate the small loan business and to make recommendations to the next General Assembly looking to the correction of any evils found to exist. Be it further resolved that the legislative members of the commission be paid their regular per diem and expenses for the time actually engaged in attending the commission, and that the other members receive their actual expenses, all to be paid from the appropriation for the General Assembly. Approved Decembe 22, 1953.

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UNITED STATES SOIL CONSERVATION SERVICE COMMENDED. No. 189 (House Resolution No. 347). A Resolution. Commending the Soil Conservation Service and the activities of the soil conservation districts. Whereas, the United States is a rapidly growing country with a marked increase in population; and Whereas, food and fiber are necessary to feed and clothe the ever-expanding population; and Whereas, the future production of essential food and fiber has become of grave concern to the people of the United States; and Whereas, it has become a recognized historical fact that in the development and expansion of farm lands, certain farm practices have resulted in great loss of valuable soil from the productive lands which has necessarily reduced the per acre yield of food and fiber crops on these farm lands; and Whereas, this loss has in the past become so pronounced that the Congress of the United States felt compelled to initiate programs to arrest the wasting away of fertility; and Whereas, in advancement of said program, a new agency of the U. S. Department of Agriculture was created known as the Soil Conservation Service; and Whereas, the several States, in recognition of the fact that the problem is a water shed or area problem rather than a county or local problem, have enacted legislation authorizing farmers to establish soil conservation

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districts, controlled and regulated by the farmers residing in the areas affected; and Whereas, the Soil Conservation Service has emphatically approved and recommended the meeting of this problem on a district basis, and has supplied technicians to work with the Farmers' Soil Conservation Districts; and Whereas, it is a recognized fact that erosion occurs without regard to farm boundaries and county or State lines producing a nationwide problem which if not constantly combatted will result in a shortage of food and fiber, causing an exaggerated and disproportionate increase in prices; Now therefore be it resolved by the General Assembly of Georgia as follows: 1. That the action of the Soil Conservation Service of the U. S. Department of Agriculture in assisting soil conservation districts be heartily indorsed and commended by this body. 2. That this body go on record as recognizing that the problem of said conservation is one of the several districts rather than of the counties. 3. That the Congress of the U. S. be memorialized and urged to retain the soil conservation program on a national basis. 4. That Congress be further urged to make all needful provisions for retaining the Soil Conservation Service as a separate service rather than as a service integrated with other programs. Be it further resolved that this resolution be forthwith transmitted to the Governor for his signature, and that copies thereof be sent to the U. S. Secretary of Agriculture, each Governor of the several States, each

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member of the Georgia delegation to Congress, the presiding officers of the several State legislatures and the President of each State Association of Soil Conservation District Supervisors. Approved December 22, 1953. TEACHERS' RETIREMENT SYSTEM AMENDED. No. 843 (House Bill No. 652). An Act to amend an Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to bring within the provisions of said Act full-time employees of the Georgia School Boards Association; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing a retirement system for teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding after the words Georgia Teacher Education Association and any full-time employee thereof, in paragraph (5) of Section 1, relating to the definition of teacher, the words or the Georgia School Boards Association and any full-time employee thereof, so that said Paragraph (5) when so amended shall read as follows: Sec. 1, Act of 1943, amended. (5) `Teacher' shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching or supervisory or clerical

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capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employee employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agricultural Extension Service of the University of Georgia. The word `teacher' shall include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the University System and shall include secretary and treasurer of the Board of Regents. The board of trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Act. In the event the Georgia Educational Association and any full-time employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Education Association and any full-time employee thereof, or the Georgia School Boards Association and any full-time employee thereof requests the board of trustees to permit the association as employer and such employee to make contributions as herein defined to provide retirement benefits for such employee, the board may permit such employee to come under the operation of this Act as a teacher but the State shall make no contributions on account of such employee. The word `teacher' shall not be deemed to include any emergency or temporary employee. Teacher defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 5, 1954. GEORGIA LIVESTOCK DEVELOPMENT AUTHORITY. No. 844 (Senate Bill No. 196). An Act to merge the Livestock Development Authority and the Georgia Rural Rehabilitation Corporation into a new corporation to be known as the Georgia Livestock

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Development Authority; to merge all the property, rights and powers of both constituent corporations and vest them in the Georgia Livestock Development Authority; to expressly divest the stockholders, directors and officers of the Georgia Rural Rehabilitation Corporation of any power now held and to vest such power in the members of the Georgia Livestock Development Authority; to authorize the Georgia Livestock Development Authority to recover funds held in trust for the State of Georgia; to repeal laws in conflict; and for other purposes. Whereas there exist two instrumentalities and agencies of the State, the Livestock Development Authority created by an Act known as the Livestock Development Authority Act (Ga. Laws 1953, Jan.-Feb. Sess., p. 337) which authorizes that Authority to provide additional security for private farm loans, and the Georgia Rural Rehabilitation Corporation, chartered by the Superior Court of Fulton County, October 1, 1934 for a period of twenty years, and amended July 20, 1934 and June 29, 1950, if not de jure, is a de facto public corporation which had as its purpose to administer certain funds received for emergency relief; and Whereas, it is desirable and in the public inerest that these two corporations be merged and become a single body corporate. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Livestock Development Authority and the Georgia Rural Rehabilitation Corporation are hereby merged so that the two corporations become one corporation and the successor corporation is to be known as the Georgia Livestock Development Authority. The governing body of the new corporation shall be the seven members of the Livestock Development Authority as provided for in Section 2 of the Livestock Development Authority Act and their successors in office. Merger of existing corporations.

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Section 2. All the property, assets, choses in action or other things of value of both of the constituent corporations shall be vested in and be the property of the new Georgia Livestock Development Authority herein created. All the rights, powers and duties hereinbefore legally granted to both constituent corporations shall be vested in the Georgia Livestock Development Authority, herein created, subject, however, to all the obligations legally incurred by the two constituent corporations. Property, assets, etc. Section 3. All capital stock of the Georgia Rural Rehabilitation Corporation, in which no person has a property right, be and the same is hereby cancelled. All the offices including directors, agents and other officers of the Georgia Rural Rehabilitation Corporation are hereby expressly abolished and the powers heretofore held by such officers and agents are hereby vested in the members of the Georgia Livestock Development Authority and their successors in office. Stock. Officers. Section 4. The members of the Georgia Livestock Development Authority are hereby expressly directed to recover all funds held in trust for the State of Georgia and to cancel all trust or other agreements now in effect as promptly as may be done by such legal means as are appropriate, but the Georgia Livestock Development Authority is empowered to enter into such other agreements as may be an appropriate exercise of their powers. The members of the Georgia Livestock Development Authority or any duly authorized agent or officer are authorized to release any person who may have acted as trustee or been responsible for the administration of any such trust. It is the intention of this Act to make the Georgia Livestock Development Authority the successor organization to the Georgia Rural Rehabilitation Corporation within the meaning of Public Law 499, 81st Congress, Second Session, and more in particular Section 2(c) thereof. Funds. Intention of Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 5, 1954.

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SPECIAL SCHOOLS OR COURSES FOR DEFECTIVE SPEECH AND HEARING IN CERTAIN COUNTIES. No. 845 (House Bill No. 776). An Act to authorize the boards of education of independent school systems of cities located in whole or in part in counties having a population of more than 300,000, or any county adjoining such a county, and the board of education of any such county or adjoining county, to provide for the operation of speech correction and other specialized schools; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the board of education of any independent school system of any city located in whole or in part in a county having a population of more than 300,000 according to the United States census of 1950, or any future census, or in any county adjoining such a county, and the board of education of any county having a population of more than 300,000 according to the United States census of 1950, or any future census, or of any county adjoining such a county, may provide for, establish and maintain special courses and classes in or schools for speech correction and for the rehabilitation and training of children who are deaf or who have defective hearing or speech or who are handicapped because of cerebral palsy, by oral methods or otherwise, in cooperation with the State Board of Education, or independently, and may use for that purpose any available local funds or any State funds allotted to such school system for such purposes. Any such board of education may provide for such special courses and the operation of such schools by paying teachers employed by any educational corporation conducting or operating such a school, or by grants to such corporation for the purpose of paying such teachers. Counties. Section 2. It is the intention of this Act to supplement the Act of the General Assembly approved March 8,

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1945 (Ga. L. 1945, p. 312) providing for courses for defective speech and hearing in the public schools and not to supersede or repeal the same. It is also the purpose of this Act to enable any local unit of administration or any independent school system referred to in Section One of this Act, to accomplish all of the purposes authorized by said Act and by this Act by operating such schools or by making grants for that purpose out of available public school funds to any such corporation conducting such a school. Intent of Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 5, 1954. TOURISTS COURTSLICENSE AND REGULATION. No. 846 (House Bill No. 196). An Act to define the term tourist court; to provide for the issuance and renewal of permits to operate tourist courts; to provide for the suspension or revocation of such permits; to provide for the right of appeal of such suspension or revocation; to provide for making and promulgating regulations setting reasonable standards for health, sanitation, and safety for tourist courts in order to protect the public; to provide that the State Board of Health and the several county boards of health may enforce the provisions of this Act; to provide that the violation of any rule or regulation shall be a public nuisance per se and may be abated as a nuisance or enjoined in court of equity; to provide for a penalty for operating a tourist court without a permit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The term tourist court shall include tourist

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accommodations such as trailer camps, tourist camps, tourist cottages, tourist homes, motor hotels, and similar facilities by whatever name called consisting of two or more dwelling units, and any food, beverage, laundry, recreational or other establishments operated in connection therewith. Tourist court. Section 2. On and after 90 days from the effective date of this Act, no person, firm or corporation shall operate a tourist court without first obtaining a permit from the State Board of Health or its agent. Said permit shall be valid for the calendar year for which it was issued and thereafter until renewed: Provided that all such permits shall be renewed before April 1st of the following year. State Board of Health permit. Section 3. The State Board of Health, or its duly authorized agent may issue permits to operate tourist courts and may suspend or revoke such permits where the health, sanitation and safety of the public requires such action: Provided, however, that when, in the judgment of the board or its duly authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked the applicant or holder of the permit shall be notified thereof in writing and shall be afforded an opportunity to be heard as to the reasons, if any there be, why such action should not be taken. In the event that such application is finally denied or such permit finally suspended or revoked the applicant or holder of the permit shall be notified thereof in writing, specifically stating any and all reasons why the application or permit has been suspended, revoked, or denied. Denial, suspension and revocation. Section 4. Any applicant or holder of a permit who shall be aggrieved by any order of the board or its duly authorized agent denying any such application or suspending or revoking such permit may appeal direct to the superior court of the county in which the tourist court in question is located for a judicial review of such action within thirty days from the date of notice thereof; Provided,

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however, that the enforcement of the order appealed from shall not be stayed until and unless so ordered and directed by the reviewing court. Appeal. Section 5. The State Board of Health shall have the power to make and promulgate rules and regulations to insure the protection of the public health by setting reasonable standards for health, sanitation and safety of tourist courts as pertains to the location, drainage and maintenance of grounds; size, ventilation and maintenance of sleeping rooms, toilet and wash rooms, laundry rooms where provided, and rooms in which food is stored, prepared and/or served; installation and safety of all exposed electrical wiring and/or equipment; heating appliances, equipment and installation; water supply, plumbing fixtures and installations; sewage disposal; garbage and refuse disposal; storage, handling and serving of food when furnished or offered for sale; control of vermin, accident prevention; and the spacing of trailer coaches and lighting of trailer parks. County boards of health may adopt and promulgate additional rules and regulations not in conflict with those promulgated by the State Board of Health. Rules and regulations. Section 6. The State and/or County Boards of Health and their duly authorized agents are hereby authorized and empowered to enforce compliance with the provisions of this Act and rules and regulations adopted and promulgated hereunder, and in connection therewith to enter upon and inspect the premises at any reasonable time and in a reasonable manner. In addition, county boards of health and their duly authorized agents are hereby authorized and empowered to enforce compliance with the provisions of additional rules and regulations as adopted and promulgated by said boards. Enforcement. Section 7. It is further provided that the violation of this Act or any rules and regulations made and promulgated hereunder shall be subject to be abated or enjoined in a court of equity without the necessity of alleging

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and proving that an adequate remedy at law does not exist. Violations. Section 8. Any person, firm, or corporation, operating a tourist court without a valid permit shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Misdemeanor. Section 9. 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 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 5, 1954. APPOINTED ATTORNEYS FOR DEFENDANTS IN CAPITAL FELONY CHANGES. No. 847 (House Bill No. 874). An Act to provide for the appointment of an attorney or attorneys to represent indigent defendants in criminal cases involving capital felonies and appeals from convictions thereof; to provide for payment of compensation and expenses to such attorney or attorneys therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. A. Whenever it shall appear to the presiding judge of the superior court that a defendant or defendants, indicted for a capital felony, is or are, because of his or her poverty, indigent and unable to pay an attorney for his or her defense, it shall be the duty of the court

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to appoint one or more attorneys for said defendant or defendants, and each of said attorneys so appointed shall receive a reasonable sum in compensation for his services in the superior court to be not less than fifty ($50.00) dollars nor more than one hundred fifty ($150.00) dollars, as determined in the discretion of the court, plus such sums as have been actually and prudently expended or incurred in the necessary preparation and investigation of the case; provided however that the expense shall not exceed $500.00; Provided, that in any case in which a plea of guilty is entered the court may in its discretion reduce the minimum compensation for services as above set out to a sum of not less than fifteen ($15.00) dollars. In superior court. Compensation. B. Upon completion of all services by the attorney or attorneys so appointed under this section, the said attorney or attorneys shall submit to the court an affidavit containing an accurate statement of all services rendered and expenses paid or incurred; the court upon examination of said affidavit and approval thereof shall discharge said attorney or attorneys and shall enter an order directing the county treasurer, wherein the defendant or defendants were indicted, to pay to such attorney or attorneys such amount for said compensation and expenses as the court orders. Statement of services rendered. Section 2. A. In any capital felony case where there is a conviction and the defendant or defendants are desirous of appealing therefrom to the Supreme Court, and it appears to the presiding judge of the superior court that the defendant or defendants, is or are, because of his or their poverty, indigent and unable to obtain an attorney to prosecute his or their appeal, the court; On appeal to Supreme Court. (a) In those cases, where the defendant or defendants has or have been represented by an attorney or attorneys appointed under Section 1 of this Act, shall authorize the said attorney or attorneys to prosecute said appeal; or (b) In those cases, where the defendant or defendants has or have not been previously represented by an attorney

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or attorneys appointed under Section 1 of this Act, shall appoint an attorney or attorneys to prosecute said appeal. B. In all cases where an appeal is filed through an attorney or attorneys appointed to prosecute said appeal under this section, the Supreme Court or the Chief or Presiding Justice thereof, shall determine what reasonable compensation, if any, shall be allowed to the attorney or attorneys for services rendered in said case, not to exceed the sum of two hundred fifty ($250.00) dollars, plus all reasonable and necessary expenses paid or incurred in the prosecution of said appeal provided however that expenses shall not exceed $500.00. The court shall certify the amount to the State Auditor, who shall thereupon draw a warrant for such certified amount on the Treasurer of the State in favor of the person to whom such amount is due, and the Treasurer of the State shall thereupon make payment to such person. Provided, that the attorney or attorneys prosecuting said appeal shall file, along with the bill of exceptions in said case, an affidavit, which shall become a part of the record of the said case, and shall contain a statement by said attorney or attorneys that the said appeal is being sought in good faith and upon reasonable grounds, and the court is satisfied that the said appeal was made in good faith and upon reasonable grounds. Compensation. C. The attorney or attorneys so appointed under this section shall also file an affidavit with the court containing a statement of all services rendered and expenses paid or incurred in the prosecution of the said appeal, which shall be examined and approved by the court or the chief or presiding justice thereof prior to its awarding compensation and expenses in said case. Statement of services. Section 3. Before any attorney or attorneys shall be entitled to such compensation and expenses, as provided for in the foregoing sections, the attorney or attorneys shall also file with the respective court, in which said services were rendered, an affidavit containing a statement

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that he or they has or have not directly or indirectly received, or entered into a contract to receive any compensation for such services or reimbursement for such expenses from any source. In the event the attorney or attorneys shall receive compensation from any source whatsoever for services rendered or expenses incurred in said case subsequent to receiving compensation from the county or the State under the provisions of this Act, such attorney or attorneys shall reimburse the county or State, or both, either on a pro rata basis or in full for all funds that have been paid to said attorney or attorneys. Where other compensation received. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 5, 1954. ELECTIONSCANDIDACY IN CERTAIN CITIES. Code 34-1904 Amended. No. 848. (Senate Bill No. 213). An Act to amend Section 34-1904, Code of Georgia, 1933, as amended, providing for ballots in elections other than primary elections, by adding a proviso applicable to municipal elections in cities having a population of more than 300,000 according to the last or any future Federal decennial census, so as to regulate the time and manner of qualification holding elections, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That Section 34-1904, Code of Georgia, 1933, providing for ballots in elections other than primary

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elections, be and the same is hereby amended by adding at the end of said section the following proviso: Code 34-1904 amended. Provided, however, that candidates for any municipal office to be filled by election by the people shall file notice of their candidacy with the city officer authorized to hold the election, either by themselves or by the proper authorities nominating them in a primary, at least thirty (30) days before the general election. Any candidate not nominated in a city-wide primary, shall file a petition for that purpose signed by not less than two (2%) percent of the registered voters as disclosed by the registration list then available. Any such petition must be filed with the mayor before such candidate files his notice of his candidacy. The governing authorities of the municipal corporation shall provide, by ordinance, for the verification of any such petition by the clerk of such governmental authority or such other officer as the governing authorities may determine. The terms of this proviso shall apply only to cities having more than 300,000 according to any past or future Federal decennial census. Petition in certain cities. Section 2. This Act shall become effective January 1, 1954, with respect to any city within the population classification. It shall become effective in other cities on January 1st following the publication of the Federal decennial census showing a population in excess of 200,000. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 5, 1954.

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STATE DEPOSITORIESBOND AND SECURITY. Code 110-108 Amended. No. 849 (House Bill No. 653). An Act to amend Section 100-108 of the Code of Georgia of 1933, as amended, which section relates to bonds given by State depositories and to the giving of securities in lieu of bonds, so as to provide that bonds of certain Authorities may be given by State depositories; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 100-108 of the Code of Georgia of 1933, as amended, which section relates to bonds given by State depositories and to the giving of securities in lieu of bonds, is hereby amended by adding before the phrase satisfactory to the State Treasurer, the words or bonds of any public Authority created by law if the statute creating such Authority provides that the bonds of such Authority may be used for this purpose, so that Section 100-108, when so amended, shall read as follows: Code 100-108 amended. 100-108. The Treasurer of this State shall not deposit at any one time, or have on deposit at any one time in any one of the depositories for a longer time than 10 days, a sum of money belonging to this State that exceeds the bond given by said depository to the State. The treasurer shall check from any depository the amount of the State's money that said depository holds in excess of its bonds and pay the sum into the treasury: Provided, that a State depository may be allowed to hold a sum greater than $50,000, but not in excess of $100,000, upon such depository giving a new bond to cover the maximum amount to be deposited with it, and when such new bond has been executed and delivered to the Governor the old bond shall be discharged and surrendered. The bond to be given by State depositories, whether State or national

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banks, shall be a surety bond signed by a surety company duly qualified and authorized to transact business in this State, in a sum equal to the amount of money to be deposited with such depository: Provided, that in lieu of such surety bond the State depository may deposit with the State Treasurer bonds of the United States or of this State, or bonds of the counties or municipalities of this State, or bonds of any public Authority created by law if the statute creating such Authority provides that the bonds of such Authority may be used for this purpose, satisfactory to the State Treasurer, which have been duly validated as provided by law, and as to which there has been no default in payment either of principal or interest. A State depository may secure deposits made with it in part by a surety bond and in part by a deposit of any or all of the bonds above mentioned, or by either method. A State depository may deposit with the State Treasurer bonds of a subsidiary corporation of the United States Government, which are fully guaranteed by the United States Government both as to principal and interest, and the guarantee of the Federal Deposit Insurance Corporation shall be accepted as collateral by the State Treasurer to cover State funds on deposit in State depositories to the extent authorized by the Federal law governing the Federal Deposit Insurance Corporation. Bonds of authorities included. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 5, 1954. SUBPOENA OF WITNESSES. Code 38-1501 Amended. No. 850 (House Bill No. 201). An Act to amend Section 38-1501 of the Code of Georgia adopted in 1933, which section relates to attendance of witnesses in court, application to the clerk of the

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court for the issuance of the writ of subpoena for witnesses, the services of the writ, the attendance in court of the witnesses pursuant to the writ and the fee of the witnesses, by inserting at the end of the first sentence of said section a semicolon in lieu of the period and adding thereto the following: provided such clerk (or if there be no clerk, the presiding judge or justice) shall on the request of any party litigant, or his attorney, execute, sign and deliver to such party, or his attorney, the number of witness subpoenas requested, with the name and address of the proposed witness left blank. The name and address of the proposed witness shall be filled in on such subpoena by said party, or his attorney, before service thereof upon such proposed witness; to provide for return of service of said subpoenas, and to repeal all laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Section 38-1501 of the Code of Georgia adopted in 1933 is amended by inserting at the end of the first sentence thereof a semicolon in lieu of the period and adding thereto the following: provided such clerk (or, if there be no clerk, the presiding judge or justice) shall on the request of any party litigant, or his attorney, execute, sign and deliver to such party, or his attorney, the number of witness subpoenas requested, with the name and address of the propsed witness left blank. The name and address of the proposed witness shall be filled in on such subpoena by said party, or his attorney, before service thereof upon such proposed witness, so that said section as amended shall provide as follows: Code 38-1501. 38-1501. Subpoena. Attendance of witnesses from term to term. Witness fee. When the attendance of any person resident in the county shall be required as a witness in any court, the clerk of such court (or, if there be no clerk, the presiding judge or justice) shall, on application

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issue a writ of subpoena, directed to such person, requiring him to appear and testify in the case stated, and at the time stated; provided such clerk (or, if there be no clerk, the presiding judge or justice) shall on the request of any party litigant, or his attorney, execute, sign and deliver to such party, or his attorney, the number of witness subpoenas requested, with the name and address of the proposed witness left blank. The name and address of the proposed witness shall be filled in on such subpoena by said party, or his attorney, before service thereof upon such proposed witness. Such subpoena shall be served on the witness personally, by any person capable of proving the same, at least one day before the trial of the cause. The witness so summoned shall attend the court from term to term until the case is tried. If there be an appeal or new trial, notice of the fact, without a new subpoena, shall be sufficient to require the attendance of the witness. The witness fee shall be 75 cents per diem. Subpoena. Section 1A. Not less than 24 hours before the commencement of the trial of any case in which any witness subpoena has been issued in blank, as permitted in Section 1 hereof, the party, or his attorney at law, obtaining any such subpoena shall present to the clerk of the court (or if there be no clerk, to the presiding judge or justice) the name and address of any witness who has been subpoenaed to appear as a witness in the case by use of any such subpoena issued in blank; and upon failure so to do, said party shall be deprived of any claim for continuance in the case based upon the failure of any such witness to appear in court in answer to such subpoena. Submittal of list of subpoenaed witnesses before trial. Section 2. That all laws and parts of laws in conflict herewith be and are hereby repealed. Approved January 5, 1954.

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GENERAL ASSEMBLYCANDIDACY AS REPRESENTATIVE FROM COWETA COUNTY. No. 851 (House Bill No. 706). An Act to require all candidates for nomination and election to the House of Representatives of the General Assembly of Georgia from Coweta 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 Coweta 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Coweta County. Personally appeared before the undersigned attesting authority, James Thomasson, who after being duly sworn on oath deposes and states that the following is a true and correct copy of notice appearing in the issue of the Newnan Times-Herald appearing on the following dates: October 8th, 15th and 22nd.

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Deponent further states that he is the publisher of the Newnan Times-Herald. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the November, 1953, session of the General Assembly of Georgia a bill requiring candidates for election to the House of Representatives from Coweta County to qualify for a specific seat; and for other purposes. This 6th day of October, 1953. D. Brack Blalock, George W. Potts, Representatives, Coweta County. 10-8-15-22d This the 21st day of December, 1953. James Thomasson. Sworn to and subscribed before me this 21st day of December, 1953. /s/ Mrs. Mildred C. Chambers Notary public State of Georgia. (Seal). Approved January 5, 1954. PEACE OFFICERS' RETIREMENT SYSTEM AMENDED. No. 852 (House Bill No. 888). 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

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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), by an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), and by an Act approved March 11, 1953 (Ga. Laws Jan.-Feb. Session 1953, p. 574), so as to make changes in the qualifications necessary for receiving benefits; to make changes in the amount of benefits; 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 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), by an Act approved February 12, 1952 (Ga. Laws 1952, p. 81), and by an Act approved March 11, 1953 (Ga. Laws Jan.-Feb. Session 1953, p. 574), is hereby amended by striking the provisions of Section 11, which section relates to qualifications necessary to receive benefits and the amount of benefits, and inserting in lieu thereof a new Section 11, to read as follows: Sec. 11 amended. Section 11. That the money so paid into the hands of the Treasurer of the Board of Commissioners of the Peace Officers' Annuity 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 board for annuities or benefits or both, and approval thereof granted by the board, the treasurer shall thereupon pay to such applicant a monthly sum of sixty percent (60%) of the average monthly salary

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or income received by such applicant over a period of three (3) years immediately prior to the date of the application therefor if such applicant has had twenty (20) years' service as a peace officer in Georgia and is 55 years of age or older; provided, however, that the amount paid to such applicant shall in no case exceed the sum of one hundred dollars ($100.00) per month. An applicant who has had twenty-five (25) years' service as a peace officer in Georgia and is 60 years of age or older shall be paid the sum of eighty percent (80%) of the average monthly salary or income received by the applicant over a period of three (3) years immediately prior to the date of the application; provided, however, that the amount paid to such applicant shall in no case exceed the sum of one hundred twenty-five dollars ($125.00) per month. No person shall be eligible for benefits hereunder until his official duties shall have terminated unless otherwise provided in this Act and unless he shall file an application within ninety (90) days or as soon thereafter as possible from the time of termination of his official duties as such peace officer in the State of Georgia. 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. Benefits. Qualifications. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 5, 1954.

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BIBB COUNTY BUILDING REGULATIONS. Proposed Amendment to the Constitution. No. 196 (House Resolution No. 265-843k). A Resolution. Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia so as to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, construction, electrical and plumbing rules, regulations and standards in and for that area of Bibb County lying outside the corporate limits of any incorporated municipality in said county; to authorize said board to vary such rules, regulations and standards in and for different areas of Bibb County; to provide that said board may levy an ad valorem tax and/or fees and collect permit and inspection fees for costs of administering and assuring enforcement of such rules, regulations and standards; to provide for prosecution and punishment of violators of such rules, regulations and standards; and for other purposes. Be it resolved by the General Assembly of the State of Georgia and it is hereby resolved as follows: Section 1. That Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia, as amended, be further amended by adding thereto the following: Art. VI, Sec. XVII, Par. I. Paragraph. The County Board of Commissioners for the County of Bibb are authorized, without further approval or authority other than the action of said board, to prescribe, administer and enforce rules, regulations and standards for building, construction or installation of any kind or character, and for electrical and plumbing fixtures and appliances and the installation

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thereof, and for safe and sanitry maintenance of such building, construction, installation, electrical and plumbing fixtures and appliances, and the installation thereof, in and for that area of Bibb County lying outside the corporate limits of any incorporated municipality in said county. Paragraph. The County Board of Commissioners for the County of Bibb are authorized to vary the application, rigidity and uniformity of such rules, regulations, and standards in different and various areas and locations, in accordance with the needs and hazards of each such area or locality and the welfare of its inhabitants. Paragraph. In administering and enforcing such rules, regulations and standards, the County Board of Commissioners for the County of Bibb are hereby authorized, in their discretion, to utilize employees, officials and facilities of Bibb County, or those of the City of Macon, and/or the Macon-Bibb County Board of Health and/or of the Macon-Bibb County Planning and Zoning Commission or employees, officials or facilities in common with any or all of them. Paragraph. The County Board of Commissioners for the County of Bibb are authorized to levy an ad valorem tax upon the taxable properties within Bibb County and/or to fix and collect permit and inspection fees to pay the expense of administering and enforcing such rules, regulations or standards. Such permit and inspection fees may be collected in the same manner as provided by law for the collection of ad valorem taxes. Paragraph. Violators of such rules, regulations or standards shall be tried in the City Court of Macon, and, upon conviction, shall be punished as provided by the laws of Georgia pertaining to that court, except that penalties and punishment shall not exceed sixty (60) days in the Bibb County jail and a fine of three

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hundred ($300.00) dollars, either or both, each day's violation constituting a separate offense. Paragraph. This amendment is self-executing and upon its adoption, as provided by the Constitution and laws of the State of Georgia, the County Board of Commissioners for the County of Bibb shall be immediately vested with all of the powers herein provided and expressed. Section 2. That when this amendment shall have been agreed to by the requisite two thirds of the members of each House of the General Assembly, with the ayes and nays entered thereon, it shall be published as required by law and submitted to the qualified voters for ratification or rejection at the next general election at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, For ratification of the amendment to Article VI, Section XVII, paragraph I of the Constitution of the State of Georgia authorizing the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, electrical and plumbing regulations within that area of Bibb County lying outside the corporate limits of the City of Macon and covering other related matters, and the words, Against ratification of the amendment to Article VI, Section XVII, Paragraph I of the Constitution of the State of Georgia authorizing the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce building, electrical and plumbing regulations within that area of Bibb County lying outside the corporate limits of the City of Macon and covering other related matters. If the people shall ratify such amendment by a majority of the electors qualified to vote 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

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certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Georgia. Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say: That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953. /s/ Andrew W. McKenna. /s/ John B. Harris, Jr. /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this the 18 day of November, 1953. /s/ Janette Hirsch (Seal) Notary Public Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956. Public Notice. Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows:

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(1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, p. 1371, and as amended) preserving, however, the vested rights of employees in such pension laws; (2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social Security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits; (3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith; (4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a nonresident of Bibb County to authorize payment, in the discretion of the county commissioners, of expense actually incurred by such person in so presiding; (5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators; (6) A constitutional amendment to authorize the General Assembly of Georgia, from time to time, to

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delegate to the governing authority of Bibb County legislative powers and functions. (7) A constitutional amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators; (8) A constitutional amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them. Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb. ELBERT COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 197 (House Resolution No. 259-843e). A Resolution. Proposing to the qualified voters of Elbert County, Georgia (under the provisions of Article XIII, Section 1, Paragraph I, as amended by a vote of the people in the general election in 1952), an amendment to Article

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VIII, Section VII, of the Constitution of Georgia relating to preservation of existing independent school systems, so as to provide that the General Assembly shall be authorized to pass a special Act or Acts so as to effectuate consolidation of the existing independent school system in Elberton, Elbert County, Georgia, and the school system in Elbert County, without the limits of the said City of Elberton; to authorize the General Assembly to provide for the levy of a tax of five mills to support said school system in addition to the maximum of fifteen mills allowed by Article VIII, Section XII, of the Constitution; to provide for the appointment or election of members of the board of education; to provide for its powers and authorities; to provide for the appointment or election of a county school superintendent; to provide for his duties and authorities; to provide a method of submission of this amendment to said voters for ratification; to provide for continued operation before enabling Act; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article VIII, Section VII, Paragraph I, of the Constitution, relating to preservation of existing independent school systems, shall be amended by adding thereto the following: Art. VIII, Sec. VII, Par. I. (a) The General Assembly is hereby authorized to enact all legislation, whether special in nature or otherwise, as is necessary to effectuate a consolidation of the independent school system in the City of Elberton, known as the Board of Education of the City of Elberton and the school system of Elbert County, now in effect and operation in said county outside the corporate limits of said City of Elberton, so that the entire County of Elbert shall thereafter constitute but one school system. (b) Such enabling Act or Acts shall vest the authority

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to tax for educational purposes solely and exclusively in the fiscal authorities of the County of Elbert, which authority shall extend throughout the entire said county, including the City of Elberton. Said fiscal authorities shall also be empowered to levy a tax for the support and maintenance of education in said county in a sum not to exceed five mills, which sum shall be in addition to the maximum fifteen mills not provided by Article VIII, Section XII, Paragraph I, of the Constitution, as amended. (c) The General Assembly shall provide for a board of education of seven members, to bear such name and have such powers as may be provided by said Assembly. The manner of election or appointment of such board members, their qualifications, compensation, manner of removal and the filling of vacancies thereof shall be as fixed by law. Such board shall administer said school system throughout said county, and shall elect all teachers and employees necessary to the administration of said school system, in a manner to be specified by law. (d) The General Assembly shall provide for a county school superintendent and shall specify the manner of election, qualifications, term of office, manner of removal; duties and authorities; provided, however, the present county school superintendent shall continue to perform the duties of this office until the end of the present term December 31, 1956. (e) 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 board created therefor, and the General Assembly may vest in such board, 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.

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(f) The General Assembly may vest said school system with all privileges held by other school systems and districts of this State, including the addition thereto of colleges, and said school system shall be entitled to its pro rata portion of all educational funds now or hereafter provided by the State of Georgia and of the United States. (g) 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 Elbert County in referendums held for that purpose pursuant to general or special statutes of the State heretofore or hereafter enacted. (h) 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 Elbert County. (i) 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. (j) Until such time as such Act or Acts as contemplated herein become effective, the present school systems shall continue to operate under existing laws. 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

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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 such 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, Paragraph I, of the Constitution of Georgia, authorizing the General Assembly to provide for the consolidation of the independent schools now existing in the City of Elberton and the County of Elbert, and for the creation of a board of education, defining its qualifications and powers. Against ratification of amendment to Article VIII, Section VII, Paragraph I, of the Constitution of Georgia, authorizing the General Assembly to provide for the consolidation of the independent schools now existing in the City of Elberton and the County of Elbert, and for the creation of a board of education, defining its qualifications and powers. 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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Notice of Local Legislation. On Monday, October 26, 1953, the Elbert County Board of Education and the City of Elberton Board of Education met with me, upon my request, in my office. I am pleased to announce to the people that the two boards of education agreed upon a plan for submitting the question of school consolidation. I, therefore, take this opportunity to serve notice that local legislation will be introduced in the coming November session of the General Assembly having as its object the consolidation of the city schools with the county schools. All of this in compliance with the request of the Elbert County Board of Education and the City of Elberton Board of Education in joint session. Woodrow W. Lavender, Representative of Elbert County. Georgia, Elbert County: I, G. T. Christian, editor and publisher of the Elberton Star, a newspaper published in Elberton, Elbert County, Georgia, and being the paper in which sheriff's advertisements for said county are published, do hereby certify that the foregoing notice was published by me in said above named newspaper on the following dates, to wit: October 30, November 6, 10, 1953. This the 12 day of November, 1953. /s/ G. T. Christian Witness: /s/ Carolyn E. McMullan Notary Public, Elbert County, Georgia My commission expires Nov. 2, 1955. Seal affixed.

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RICHMOND COUNTYLICENSE AND REGULATION OF BUSINESSES. Proposed Amendment to the Constitution. No. 198 (House Resolution No. 300-935c). A Resolution. Proposing to the qualified voters of Richmond County, Georgia (under the provisions of Article 13, Section 1, Paragraph 1, as amended by a vote of the people in the general election of 1952), an amendment to Article 7, Section 4, paragraph 1 of the Constitution of the State of Georgia, so as to provide that the Board of Commissioners of Roads and Revenues of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cabs for hire in such unincorporated areas, and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business; and so as to provide that the Board of Commissioners of Roads and Revenues of Richmond County shall also have the right and power to license all businesses and business enterprises in any area of Richmond County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Richmond County, and to prescribe rules and regulations concerning the same, and to provide that violation of any license regulation adopted by the Board of Commissioners of Roads and Revenues of Richmond County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia; and for other purposes.

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Section 1. Be it resolved by the General Assembly of the State of Georgia, that Art. 7, Sec. 4, Par. 1, of the Constitution of the State of Georgia, be amended by adding thereto the following new paragraph, to wit: Art. VII, Sec. IV, Par. I. The Board of Commissioners of Roads and Revenues of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas; and the right and power to classify businesses and business enterprises, which are not subject to regulation by the State Public Service Commission, and to assess different license fees and taxes against different classes of business. The Board of Commissioners of Roads and Revenues of Richmond County shall also have the right and power to license all businesses and business enterprises in any area of Richmond County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Richmond County, and to prescribe rules and regulations concerning the same, and to provide that violation of any license regulation adopted by the Board of Commissioners of Roads and Revenues of Richmond County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2. Be it further resolved by the authority aforesaid that when said Amendment shall be agreed to by two-thirds vote of the members elected to each of the two Houses of the General Assembly, said Amendment shall be entered on their Journals with the Yeas and Nays taken thereon, and shall by the Governor be published in one or more newspapers in Richmond County for two months previous to the time for

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holding the next general election at which election members of the General Assembly are chosen, and said Amendment shall be submitted to the people in said next general election. All persons voting at said election in favor of adopting said proposed Amendment to the Constitution shall have written or printed on their ballots the words: For ratification of Amendment to Art. 7, Sec. 4, Par. 1 of the Constitution authorizing Richmond County to assess and collect license taxes upon businesses in Richmond County and to regulate same. And all persons opposed to the adoption of said Amendment shall have written or printed on their ballots the words: Against ratification of Art. 7, Sec. 4, Par. 1 of the Constitution authorizing Richmond County to assess and collect license taxes upon businesses in Richmond County and to regulate same. If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Richmond County, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly the said Amendment shall become a part of Art. 7, Sec. 4, Par. 1 of the Constitution of the State and the Governor shall make proclamation thereof. MUNICIPAL HOME RULE. Proposed Amendment to the Constitution. No. 199 (House Resolution No. 243-790b). A Resolution. Proposing an amendment to Article XV, Section I, Paragraph I, of the Constitution, relating to home rule, so as to authorize the General Assembly to provide for the self-government of municipalities; to provide for the submission of this amendment to the voters for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia as follows: Section 1. Article XV, Section I, Paragraph I, of the Constitution, relating to home rule, is hereby amended by striking the provisions of Paragraph I in their entirety and inserting in lieu thereof new provisions to read as follows: Art. XV, Sec. I, Par. I. Paragraph 1. The General Assembly is authorized to provide by law for the self-government of municipalities and to that end is hereby expressly given the authority to delegate its powers so that matters pertaining to municipalities upon which, prior to the ratification of this amendment, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be exercised subject only to statutes of general application pertaining to municipalities. 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 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 the Constitution so as to authorize the General Assembly to provide for self-government of municipalities. Against

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ratification of amendment to the Constitution so as to authorize the General Assembly to provide for self-government of municipalities. 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. CLAYTON COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 200 (House Resolution No. 216-743b). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution, relating to county boards of education, so as to provide for the election of the members of the Board of Education of Clayton County by the people; to provide for the election of the county school superintendent by the board; to provide the procedure connected therewith; to provide the submission of this amendment for ratification or rejection; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia as follows:

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Section 1. Article VIII, Section V, Paragraph I, of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following: Art. VIII, Sec. V, Par. I. The Board of Education of Clayton County shall be composed of eleven members who shall be elected by the voters of Clayton County. For the purpose of electing such members, Clayton County shall be divided into eight education districts, as follows: Education District No. 1 shall be composed of Militia District No. 1644 (Forest Park); Education District No. 2 shall be composed of Militia District No. 1446 (Oak); Education District No. 3 shall be composed of Militia District No. 1088 (Jonesboro); Education District No. 4 shall be composed of Militia District No. 548 (Riverdale); Education District No. 5 shall be composed of Militia District No. 1651 (Lovejoy) and Militia District No. 538 (Panhandle); Education District No. 6 shall be composed of Militia District No. 1406 (Ellenwood); Education District No. 7 shall be composed of Militia District No. 1189 (Adamson); and Education District No. 8 shall be composed of Militia District No. 1890 (Mountain View). Two members each shall be elected from Education Districts Nos. 1, 2 and 3, and one member each shall be elected from Education Districts Nos. 4, 5, 6, 7, and 8. No person shall be eligible to serve as a member of the Clayton County Board of Education from an education district unless he shall reside in such district; however, all members of the board shall be elected by the voters of the entire County of Clayton. No person who resides in that portion of Clayton County embraced within the territory of an independent school district shall be eligible for election as a member of said board. In order to be eligible to hold office as a member of said board, a person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary

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branch of an English education, and must be qualified to vote for members of the General Assembly. Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Clayton County to issue the call for an election for the purpose of electing the members of the Board of Education of Clayton County. The date of such election shall be set for a day not less than fifteen nor more than twenty days from the date of issuance of the call thereof. It shall be the duty of the ordinary to publish the date of the election, the purpose thereof and a brief description of the procedure connected therewith, once a week for two weeks immediately preceding the date thereof in the official organ of Clayton County. The members elected from Education Districts Nos. 1 and 2 shall serve for a term of six years; the members elected from Education Districts Nos. 3, 4 and 5 shall serve for a term of four years; the members elected from Education Districts No. 6, 7 and 8 shall serve for a term of two years. All members elected at such election shall take office January 1, 1955, and their term of office shall expire on December thirty-first of the last year of such term. The successors to such members shall be elected for a term of six years and shall be elected at the same time members of the General Assembly are elected, in the year in which the term of the person they seek to succeed expires. The Board of Education of Clayton County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1954, and the term of office of the members of such board shall expire on such date. In case of a vacancy on said board by death, resignation, or from any cause other than expiration of a term of office, the remaining members of the board shall elect a successor who shall serve the unexpired term. The Board of Education of Clayton County shall, by a majority vote, elect the School Superintendent of

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Clayton County. No person shall be eligible to hold the office of Clayton County School Superintendent who does not have a master's degree from a recognized educational institution, and at least five years' experience in public school administration. He shall have such additional qualifications as may be fixed by law. The school superintendent serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected, but all future superintendents shall be elected by the board as provided heretofore and shall serve at the pleasure of the board. The compensation of the superintendent shall be fixed by the board. 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 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 the Constitution, so as to provide for the election of the members of the Board of Education of Clayton County by the people, and the election of the county school superintendent by the board. Against ratification of amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Clayton County by the people, and the election of the county school superintendent by the board.

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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. WAYCROSS SCHOOL TAX. Proposed Amendment to the Constitution. No. 201 (House Resolution No. 238-743x). A Resolution. Proposing to the qualified voters of Ware County, Georgia, an amendment to Article 7, Section 1, Paragraph 4 of the Constitution of Georgia to provide for exemption from city school tax the residences of all persons in the City of Waycross, Ware County, Georgia, who have attained the age of sixty-five (65) years and who with their spouse have a combined total income of less than $250.00 per annum. Be it resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 1, Paragraph 4 of the Constitution of Georgia be amended by adding thereto the following paragraph: Art. VII, Sec. I, Par. IV.

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The City of Waycross, Ware County, shall not levy a city school tax on any dwelling house used as a residence by its owner where such owner has attained the age of sixty-five (65) years, provided such owner with his or her spouse has a combined total income of less than $25000.00 per annum. Section 2. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by a two thirds vote of the members elected to each of the two ouses, said amendment shall be entered on their journals with the yeas and nays taken thereon, and shall by the Governor be published in one or more newspapers in Waycross, Ware County, for two months previous to the time of holding the next general election at which members of the General Assembly are chosen, and said amendment shall be submitted to the people at said next general election. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballot the words: For ratification of amendment to Article 7, Section 1, Paragraph 4 of the Constitution, providing that the City of Waycross, Ware County, shall not levy a city school tax on any dwelling house used as a residence by its owner where such owner has attained the age of sixty-five years, provided such owner with his or her spouse has a combined total income of less than $2500.00 per annum; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article 7, Section 1, Paragraph 4 of the Constitution, providing that the City of Waycross, Ware County, shall not levy a city school tax on any dwelling house used as a residence by its owner where such owner has attained the age of sixty-five years, provided such owner with his or her spouse has a combined total income of less than $2500.00 per annum. If the majority of electors qualified to vote for members

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of the General Assembly, voting thereon in the City of Waycross, Ware County, shall vote for ratification thereof, when the return shall be consolidated as required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7 Section 1 Paragraph 4 of the Constitution of the State and the Governor shall make a proclamation thereof. GENERAL ASSEMBLYTIME AND DURATION OF SESSIONS. Proposed Amendment to the Constitution. No. 202 (House Resolution No. 85-289a). A Resolution. Proposing to the qualified voters of Georgia an amendment to Article III, Section IV, Paragraphs I and III of the Constitution of Georgia, relating to the term of office and the meetings of the General Assembly, so as to provide for the time of the convening of the General Assembly; to provide that the General Assembly shall meet in annual sessions not to exceed forty days; to provide for the submission of this proposed amendment to the voters for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia as follows: Section 1. Article III, Section IV, Paragraphs I and III of the Constitution of Georgia, relating to the term of office and the meetings of the General Assembly, be hereby amended by striking said paragraphs in their entirety and inserting in lieu thereof new Paragraphs I and III to read as follows:

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Paragraph I. The members of the General Assembly shall be elected for two years and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office. Paragraph III. The General Assembly shall meet in regular session on the second Monday in January, 1955, and annually thereafter on the same day until the date shall be changed by law. By concurrent resolution adopted by a majority of members elected to both houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty (40) days, in the aggregate, in each year during the term for which the members were elected. All business pending in the Senate or House at the adjournment of any regular session may be considered at any later regular session held in the same year as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three fifths of the members elected to the Senate and the House of Representatives, as provided in Article V, Section I, Paragraph XII of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed. 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 houses 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 amendment to be published in one or more newspapers in each Congressional District of this State for two months previous to the time of

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holding the next general election, at which election members of the General Assembly are elected and the above proposed amendment shall be submitted for ratification or rejection to the electors of this State. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on the ballot the following: For ratification of amendment to Article III, Section IV, Paragraphs I and III of the Constitution so as to provide for annual sessions of the General Assembly not to exceed forty (40) days. All persons opposing the adoption of said amendment shall have written or printed on the ballot the following: Against ratification of amendment to Article III, Section IV, Paragraphs I and III of the Constitution so as to provide for annual sessions of the General Assembly not to exceed forty (40) days. 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 to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

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MUSCOGEE COUNTYSTREET AND SIDEWALK IMPROVEMENTS. Proposed Amendment to the Constitution. No. 203 (House Resolution No. 242-790a). A Resolution. To propose to the qualified voters of Muscogee County (under the provisions of Article XIII, Section I, Paragraph I, as amended) an amendment to Article VII, Section IV, Paragraph II, of the Constitution of the State of Georgia to provide that the General Assembly may grant to the governing authority of Muscogee County, Georgia, the right to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to provide for the issuance and enforcement of executions for the collection of such assessments, and for the creation of liens against the abutting property; and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph II, of the Constitution of Georgia of 1945 be amended by adding thereto the following: Art. VII, Sec. IV, Par. II. The General Assembly may grant to the governing authority of Muscogee County, Georgia, in addition to powers already granted, the power to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting

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property owners, and to issue and enforce executions for the collection of such assessments, thereby creating liens against the abutting property. Section 2. Be it further resolved that when the above proposed amendment to the Constitution shall have been agreed to by the requisite two thirds of the members of each house, with the ayes and nays entered thereon, it shall be published and submitted to the qualified voters of Muscogee County for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to empower the governing authority of Muscogee County, Georgia, to improve streets and to make other public improvements in any unincorporated areas of said county and to assess the costs thereof against abutting property owners, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to empower the governing authority of Muscogee County, Georgia, to improve streets and to make other public improvements in any unincorporated areas of said county and to assess the costs thereof against abutting property owners. If adopted by the vote required under the Constitution, the amendment shall become a part of Article VII, Section IV, Paragraph II of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof, as provided by law.

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THOMAS COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 204 (House Resoluton No. 302-957a). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of the State of Georgia, so as to provide that the General Assembly of Georgia shall be authorized to pass a special Act or Acts to merge the existing Independent School System of the City of Thomasville and the existing School District of Thomas County lying outside the corporate limits of said city, into one school district coextensive with the limits of said county; to increase the maximum tax millage from fifteen to twenty mills; to provide for the termination of the term of office of the existing Thomas County School Superintendent on July 1, 1955, and for the appointment by Thomas County Board of Education of one or more superintendents; to provide for an election; 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 VIII, Section V, Paragraph I, of the Constitution of the State of Georgia, relating to county boards of education, be amended so as to add at the end thereof the following: Art. VIII, Sec. V, Par. I. The General Assembly of Georgia is authorized to pass a special Act or Acts to merge the existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limits of said city, into one school district coextensive with the limits of Thomas County, which shall be known as Thomas County School System.

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The existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limits of said city are abolished. Thomas County School System shall constitute a political subdivision of the State of Georgia, separate from the political entities of the City of Thomasville and Thomas County. Thomas County School System is authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing, improving and equipping school buildings and facilities, and for acquiring the necessary property therefor. Thomas County School System is vested with the power to conduct a system of public education throughout the limits of said county, and with all powers and authority granted to public school systems and districts by the Constitution and laws of the State of Georgia. Thomas County shall be divided into seven school areas as follows: School Area Number One shall include all the land lying within the boundaries of Georgia Militia Districts 1508 (Meigs), 1227 (Ochlocknee), and 1648 (Ellabelle), as now organized. School Area Number Two shall include all of the land lying within the boundaries of Georgia Militia Districts 1212 (Coolidge), 1583 (Pavo), and 1614 (Merrilville), as now organized. School Area Number Three shall include all of the land lying within the boundaries of Georgia Militia Districts 754 (Boston), 1683 (Barwick), and 763 (Ways), as now organized. School Area Number Four shall include all of the land lying within the boundaries of Georgia Militia Districts 1282 (Metcalfe) and 637 (Thomasville), as

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now organized, except that portion which lies within the corporate limits of the City of Thomasville as now existing and later extended. School Area Number Five shall include all of the land lying within the boundaries of the corporate limits of the City of Thomasville as now existing and later extended. The administration of Thomas County School System shall be vested in a board to be known as Thomas County Board of Education. Said board shall consist of seven members. One member shall reside in School Area Number One; one member shall reside in School Area Number Two; one member shall reside in School Area Number Three; one member shall reside in School Area Number Four; and three members shall reside in School Area Number Five. Upon ratification of this amendment by the qualified voters of Thomas County and enactment by the General Assembly of Georgia of enabling legislation, the Board of Commissioners for the City of Thomasville shall appoint from School Area Number Five, one member of said board to serve through December 31, 1956, and two members of said board to serve through December 31, 1958; and the Commissioners of Roads and Revenues of Thomas County shall appoint from School Area One through Four, two members of said board to serve through December 31, 1956, and two members of said board to serve through December 31, 1958. Except in case of vacancies, the successor to each member of said board shall be elected in the year in which the term of office of said member will expire and at the same time and in the same manner as members of the General Assembly of Georgia are elected. The term of office of each member of said board elected by the people shall be for four years beginning with the first day of January following his election. Each member of said board shall serve until his successor is elected and qualified. Vacancies in

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the membership of said board shall be filled for the unexpired term by the remaining members of said board. No person shall be eligible to hold office as a member of said board who has not resided continuously in Thomas County for a period of two years immediately preceding his election, who is not of good moral character, who is not favorable to the common school system, or who is not a qualified voter to vote for members of the General Assembly. The qualified voters of Thomas County shall be authorized to vote for the election of all members of said board. The existing Thomas County Board of Education shall continue to manage and operate the school system under its jurisdiction until the 30th day of June, 1955, at midnight, at which time said board shall be abolished. The existing Board of Education of the City of Thomasville shall continue to manage and operate the school system under its jurisdiction until the 30th day of June, 1955, at midnight, at which time said board shall be abolished. From the ratification of this amendment to the 30th day of June, 1955, at midnight, the new Thomas County Board of Education appointed under this amendment shall have power and authority to do any and all acts which may be necessary or proper in preparation for the operation of a merged school system from and after the 30th day of June, 1955, at midnight. The new Thomas County Board of Education created by this amendment shall operate a school system coextensive with the limits of Thomas County from and after the 30th day of June, 1955, at midnight. The General Assembly is authorized to pass such laws as may be necessary to the operation, conduct and control of said Thomas County School System and its fiscal affairs, including the right and authority to create indebtedness, not in conflict with the Constitution of Georgia, and to enable Thomas County School System to contract and be contracted with, to sue and be sued, and to do all and every act or acts necessary

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for the proper maintenance of a comprehensive school system throughout the limits of Thomas County, and to effectuate the purposes of this amendment. Nothing, however, in this amendment, nor in the Act or Acts of the General Assembly pursuant to this amendment, shall waive the governmental immunity of Thomas County School System. The General Assembly may authorize the City of Thomasville and the County of Thomas to appropriate money from their general funds to Thomas County School System for educational purposes. The General Assembly may grant to Thomas County School System all the powers of eminent domain with all the remedies to execute such powers provided by any and all provisions of the Constitution and laws of Georgia. The property of the independent school system of the City of Thomasville and the property of the school district of Thomas County lying outside the corporate limits of said city shall become the property of Thomas County School System. From and after the 1st day of July, 1955, the term of office of the existing Thomas County School Superintendent shall be abolished, and the voters of Thomas County shall no longer elect a county school superintendent. Thomas County Board of Education shall appoint one or more superintendents for such period of time as said board shall deem advisable. Such superintendent or superintendents shall have such qualifications as shall be fixed by law and by said board, except that it shall not be necessary for said superintendent or superintendents to be residents of Thomas County or the State of Georgia. 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

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and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purposes of establishing and maintaining a comprehensive system of public education throughout the limits of Thomas County. The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this Constitution, or any general or special laws of the State. On and after the 1st day of January, 1955, the fiscal authorities of Thomas County shall levy a tax for the support and maintenance of Thomas County School System of not greater than twenty (20) mills (as recommended by Thomas County Board of Education) upon the dollar of all taxable property in the county, and said tax shall be uniform throughout the county; and on and after that date the City of Thomasville shall cease to levy a tax for school purposes. All school taxes levied before the 1st day of July, 1955, but collected after that date, by Thomas County or the City of Thomasville shall be paid to Thomas County School System. The property located within the corporate limits of the City of Thomasville shall not be subject to taxation for the payment of bonds authorized or issued for school purposes before the 1st day of July, 1955, by Thomas County or Thomas County Board of Education. Thomas County School System shall have authority to assume all debts, contracts, and other obligations of the Board of Education of the City of Thomasville and of the existing Thomas County Board of Education. The General Assembly may from time to time enact special Acts amending the Act or Acts enacted pursuant to this amendment.

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Thomas County School System shall be entitled to its prorated portion of all educational funds now or hereafter provided by the State of Georgia and by the United States for educational purposes. The provisions of this constitutional amendment shall not be self-executing and shall require enabling legislation by the General Assembly before they become effective. None of the preceding provisions of this amendment to Article VIII, Section V, Paragraph I, of the Constitution shall become effective and the existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limits of said city, shall not be merged thereunder unless approved in an election by the voters under the procedure hereinafter described. Not less than five nor more than ten days after the ratification of this amendment, the Ordinary of Thomas County shall issue the call for an election to be held for the purpose of determining whether the preceding provisions of this amendment, relating to the merger of the existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate limits of said city, shall become effective. The date of the election shall be set by the ordinary so that it shall be held on a day not less than twenty nor more than thirty days from the date of the issuance of the call thereof. The ordinary shall have the date of the election and the purpose thereof published once a week for two weeks preceding the date thereof in the official organ of Thomas County. The ballots in such election shall have written or printed thereon the following: `For approval of the merger of the existing Independent School System of the City of Thomasville and the existing School District of Thomas County lying outside the corporate limits of said city, under the provisions of a constitutional amendment relating thereto which was ratified at the last general election.' `Against approval

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of the merger of the existing Independent School System of the City of Thomasville, and the existing School District of Thomas County lying outside the corporate limits of said city, under the provisions of a constitutional amendment relating thereto which was ratified at the last general election. The electors of Thomas County qualified to vote for members of the General Assembly shall be eligible to vote in said election, but the votes of those persons residing within the corporate limits of the City of Thomasville and the votes of those persons residing outside the corporate limits of the City of Thomasville shall be counted separately, and it shall be necessary that a majority of those persons residing within the corporate limits of the City of Thomasville voting in such election, vote for approval of such merger, and a majority of those persons residing outside the corporate limits of the City of Thomasville voting in such election, vote for approval of such merger before the provisions of this constitutional amendment relating thereto become effective. If a majority of those persons voting in such election in each of the aforesaid areas do not vote for approval of such merger, the said provisions of this constitutional amendment shall not be effective and no merger of the existing independent school system of the City of Thomasville and the existing school district of Thomas County lying outside the corporate of said city shall be made thereunder. The ordinary shall hold and conduct the election in the territory outside the corporate limits of the City of Thomasville, and the person or persons who hold and conduct elections in said City of Thomasville shall hold and conduct the election within the corporate limits thereof. It shall be the duty of such person or persons to canvass the returns of said election within the corporate limits of the City of Thomasville, ascertain the results thereof and certify the results thereof to the ordinary. It shall be the duty of the ordinary to canvass the returns of said election outside the corporate limits of the City of Thomasville, ascertain the results thereof

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and certify the results thereof. It shall be the duty of the ordinary to certify such results in both of the aforesaid areas to the Secretary of State. The expense of the aforesaid election shall be borne equally by the City of Thomasville and the County of Thomas. 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 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 the Constitution, so as to authorize the General Assembly to pass legislation merging the existing Independent School System of the City of Thomasville and the existing School District of Thomas County lying outside the corporate limits of said city; providing for an elective school board; providing for the termination of the term of office of the present county school superintendent and the appointment of one or more school superintendents by said board; to increase the maximum tax rate for operation and maintenance of schools to twenty (20) mills; and to provide for an election before such provisions of the amendment to the Constitution become effective. Against ratification of amendment to the Constitution, so as to authorize the General Assembly to pass legislation merging the existing Independent School System of the City of Thomasville and the existing School District of Thomas County lying

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outside the corporate limits of said city; providing for an elective school board; providing for the termination of the term of office of the present county school superintendent and the appointment of one or more school superintendents by said board; to increase the maximum tax rate for operation and maintenance of schools to twenty (20) mills; and to provide for an election before such provisions of the amendment to the Constitution become effective. 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. BIBB COUNTYLEGISLATIVE POWERS, TRAFFIC AND POLICE. Proposed Amendment to the Constitution. No. 205 (House Bill No. 308-985c). A Resolution. Proposing to the qualified voters an amendment to Article VI, Section XVII, Paragraph I of the Constitution of Georgia, so as to authorize the General Assembly of Georgia to delegate to the County Board of Commissioners

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for the County of Bibb legislative powers over matters primarily of local concern; to reasonably vary or permit reasonable variation in the application of such powers in and for different areas of Bibb County according to the need of such area and the welfare of its inhabitants; to provide that the powers delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants: to provide for the submission of the amendment for ratification; and for other purposes. Be it resolved by the General Assembly of the State of Georgia, and it is so resolved as follows: Section 1. That Article VI, Section XVII, Paragraph I of the Constitution of Georgia, as the same may have heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. VI, Sec. XVII, Par. I. The General Assembly shall have power to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern and to reasonably vary or to permit the County Board of Commissioners for the County of Bibb to reasonably vary the application of such powers in and for different areas of Bibb County lying outside the corporate limits of Macon according to the need of such area and the welfare of its inhabitants; provided that the powers delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants. Section 2. That when this amendment shall have been agreed to by the requisite two thirds of the members of each House of the General Assembly with the ayes and nays entered thereon, it shall be published as required by the law and submitted to the qualified voters for ratification or rejection at the next

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general election at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words For ratification of amendment of Article VI, Section XVII, Paragraph I of the Constitution authorizing the General Assembly to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern, and to vary or permit variation in the application of such powers in and for different areas of Bibb County, lying outside the corporate limits of Macon, provided that the powers so delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words Against ratification of amendment of Article VI, Section XVII, Paragraph I of the Constitution authorizing the General Assembly to delegate to the County Board of Commissioners for the County of Bibb legislative powers over matters primarily of local concern, and to vary or permit variation in the application of such powers in and for different areas of Bibb County lying outside the corporate limits of Macon, provided that the powers so delegated shall be restricted to traffic problems and to the exercise of police powers affecting the security of Bibb County and of its inhabitants. 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 results and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof. Georgia, Fulton County, Before me, the undersigned officer duly authorized

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to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say: That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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 and is the newspaper in which the Sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953. /s/ Andrew W. McKenna. /s/ John B. Harris, Jr. /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this the 25 day of November, 1953. /s/ Janette Hirsch Notary. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial seal affixed. 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. October 23, 1953. October 30, 1953. November 6, 1953. Signed Florence J. Scott

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Sworn to and subscribed to before me this 11th day of November, 1953. /s/ Anna J. Harris Notary Public, Bibb County, Georgia. Notarial seal affixed. Public Notice. Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows: (1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, p. 1371, and as amended) preserving, however, the vested rights of employees in such pension laws; (2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social Security system, and, in connection therewith, authority to Bibb County to make contact commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits; (3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith; (4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a nonresident of Bibb County to authorize payment, in the discretion of the county commissioners, of expense actually incurred by such person in so presiding; (5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce

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or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators; (6) A constitutional amendment to authorize the General Assembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions. (7) A constitutional amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators; (8) A constitutional amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them. Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb. $$Missing$$

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TAXATION FOR FIREMEN'S PENSIONS. Proposed Amendment to the Constitution. No. 206 (Senate Resolution No. 23). A Resolution. Proposing to the qualified voters of Georgia an amendment to Article VII, Section II, of the 1945 Constitution of Georgia authorizing taxation for the purpose of paying pensions to firemen; to provide for an assistant to collect such taxes; to provide for the disbursement of said pensions from such system; 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 II, of the 1945 Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph, to be known as paragraph 5, which shall read as follows: 5. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes herein authorized. 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 in 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

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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 VII, Section II, of the 1945 Constitution of Georgia, so as to provide that taxation may be exercised for the purpose of paying pensions under a firemen's pension system. Against ratification of amendment to Article VII, Section II, of the 1945 Constitution of Georgia, so as to provide that taxation may be exercised for the purpose of paying pensions under a firemen's pension system. 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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BULLOCH COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 207 (House Resolution No. 289-916d). A Resolution. Proposing an amendment to the Constitution so as to provide for the compensation of the Board of Education of Bulloch County, and to provide that the board elect the county school superintendent; to provide for 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 VIII, Section V, Paragraph I, of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following: Art. VIII, Sec. V, Par. I. The Board of Education of Bulloch County shall be elected by the grand jury as provided in this paragraph and shall be so elected so that two members of the board shall be residents of the area embraced within the corporate limits of the City of Statesboro, and the remaining three members shall be residents of the area without the corporate limits of the City of Statesboro, but not more than one of such three members shall be elected from any one militia district. The County School Superintendent of Bulloch County shall be elected by the Bulloch County Board of Education. He shall be the executive officer of the board and shall serve at the pleasure of the board. The qualifications and the compensation of the superintendent shall be that as fixed by law. The superintendent serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected.

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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 for in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon following: For ratification of amendment to the Constitution so as to provide for the composition of the Board of Education of Bulloch County, and to provide that the superintendent shall be elected by the board. Against ratification of amendment to the Constitution so as to provide for the composition of the Board of Education of Bulloch County, and to provide that the superintendent shall be elected by the board. 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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DEKALB COUNTY EDUCATION TAX. Proposed Amendment to the Constitution. No. 208 (House Resolution No. 322-1015d). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section 1, Paragraph IV, of the Constitution of Georgia to provide that the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of DeKalb County for the support and maintenance of education as recommended by the DeKalb County Board of Education. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section I, Paragraph IV, of the Constitution of Georgia be amended by adding thereto the following: Art. VII, Sec. I, Par. IV. Notwithstanding anything elsewhere provided in this Constitution, the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of DeKalb County for the support and maintenance of education as recommended by the DeKalb County Board of Education. Section 2. Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two thirds of the members elected to each of the two houses of the general assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in DeKalb County for two months previous to the time of holding the next general election, and also to be advertised in the area to be directly affected thereby.

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Section 3. Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of DeKalb County at the next general election to be held after the publication as provided for in the second section of this resolution, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article VII, Section I, Paragraph 4, of the Constitution providing that the homestead exemption shall not apply to taxes levied for the support and maintenance of education as recommended by the DeKalb County Board of Education, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article VII, Section I, Paragraph 4 of the Constitution, providing that the homestead exemption shall not apply to taxes levied for the support and maintenance of education as recommended by the DeKalb County Board of Education. If such amendment is ratified in accordance with the Constitution of this State, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

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SLUM CLEARANCE PROJECTS. Proposed Amendment to the Constitution. No. 209 (House Resolution No. 273-867a). A Resolution. Proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia adding a new article thereto, to be designated Article XVI, Slum Clearance and Redevelopment, so as to authorize the General Assembly to provide by law that cities and towns and housing authorities may undertake and carry out slum clearance and redevelopment work, including sale or other disposition to private enterprise of property acquired; to declare that slum clearance and redevelopment work so authorized is a governmental function undertaken for public purposes for which the powers of taxation and eminent domain may be exercised and public funds expended; 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 the Constitution of Georgia be amended by adding a new article thereto, designated Article XVI, Slum Clearance and Redevelopment, as follows: Art. XVI. The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall

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constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. 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 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 the Constitution of the State of Georgia by adding a new article to be designated Article XVI, Slum Clearance and Redevelopment. Against ratification of amendment to the Constitution of the State of Georgia by adding a new Article to be designated Article XVI, Slum Clearance and Redevelopment. 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

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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. BARTOW COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 210 (House Resolution No. 317-1005a). A Resolution. Proposing to the qualified voters an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bartow County by the people; to provide for the election of the County School Superintendent of Bartow County by the board, to provide the procedure connected therewith; 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 VIII, Section V, Paragraph I, of the Constitution, relating to the county boards of education, is hereby amended by adding at the end thereof the following: Art. VIII, Sec. V, Par. I. The Board of Education of Bartow County shall be composed of five members to be elected as hereinafter provided. Any person, in order to be eligible for membership on said board, must reside in the county outside the area embraced within any independent school system, must be of good moral character, must be not less than twenty-one years of age, and must be entitled to vote for members of the General Assembly. Not later than ten days after the ratification of this

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amendment, it shall be the duty of the Ordinary of Bartow County to issue the call for an election for the purpose of electing the first members of the Board of Education of Bartow County as provided herein. The date of such election shall be set for a day not less than twenty nor more than thirty days from the date of the issuance of the call thereof. It shall be the duty of the ordinary to publish the date of the election, the purpose thereof, and a brief explanation of the voting procedure, once a week for two weeks immediately preceding the date of the election in the official organ of Bartow County. The two persons receiving the highest number of votes at such election shall be elected for a term of six years. The two persons receiving the next highest number of votes shall be elected for a term of four years. The person receiving the next highest number of votes shall be elected for a term of two years; provided, however, that not more than one member of the board shall be elected from any one militia district in said county and at no time shall more than one resident of any militia district serve on said board. The members elected at such election shall take office January 1, 1955, and their terms of office shall expire on December thirty-first of the last year of such term and until their successors are elected and qualified. The election for all future members of the board shall be held at the same time as the general election for members of the General Assembly and all future members shall take office on January one following their election. The terms of all future members shall be for six years and until their successors are elected and qualified. If at the election in 1954, or any future election for members of the board, it should be ascertained that two persons from the same militia district receive enough votes so that ordinarily they would be elected to membership on the board, only the resident of the militia district receiving the highest number of votes shall serve on the board. Only those voters who reside in Bartow County outside the area EMBARCEDXs within any independent school system shall be eligible to vote for members of

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the board, and the members of the board shall be elected by the voters of such entire area outside any independent school system. In case of a vacancy on said board by death, resignation, or any cause other than the expiration of term of office, the remaining members of the board shall elect a successor who shall serve the unexpired term, but, in so electing, no person shall be elected who is a resident of any militia district of which one of the remaining members of the board is a resident. The members of the board shall each receive the sum of twenty dollars ($20.00) for every meeting called for the transaction of official business but in no event shall any member receive more than three hundred dollars ($300.00) in any one calendar year. The Board of Education of Bartow County in effect at the time of the ratification of this amendment, shall be abolished effective December 31, 1954, and the term of office of the members of such board shall expire on such date. The Board of Education of Bartow County shall, by a majority vote, elect a School Superintendent of Bartow County who shall serve at the pleasure of the board. The compensation and qualifications of the superintendent shall be as provided by law. The School Superintendent of Bartow County serving at the time of the ratification of this amendment shall serve until the expiration of the term for which he was elected, but all future superintendents shall be elected by the board as provided heretofore. 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

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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 the Constitution so as to provide for the election of the members of the Board of Education of Bartow County by the people, and the election of the county school superintendent by the board. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bartow County by the people, and the election of the county school superintendent by the board. 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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GILMER COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 211 (House Resolution No. 244-790c). A Resolution. Proposing to the qualified voters an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by the people; to provide for date of elections; to provide for terms of office; 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 VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following: Art. VIII, Sec. V, Par. I. The County Board of Education of Gilmer County shall be composed of five members, who shall be elected by the people of said county. Not less than five nor more than ten days after the date of the ratification of this amendment, the Ordinary of Gilmer County shall issue a call for an election for the purpose of electing the members of the county board of education. The date of such election shall be fixed to be held on a date not less than twenty nor more than thirty days from the date of the call thereof. The date and purpose of such election shall be published in the official organ of Gilmer County once a week for two weeks immediately preceding the date of the election. The five persons receiving the highest number of votes at said election shall take office January 1, 1955, and their terms shall expire December 31, 1958. Their successors and all future successors shall be elected at the general election

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in the year in which their terms of office expire, and they shall take office on January 1 following their election. The term of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said board, the remaining members shall elect a person to fill the unexpired term. The members of the board shall be elected from that portion of the county not embraced within the territory of an independent school district. 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 the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by the people. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Gilmer County by the people. 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.

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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. $$Missing$$ STEWART COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 212 (Senate Resolution No. 96). A Resolution. Proposing to the qualified voters an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Stewart County by the people; to provide their qualifications, compensation and term of office; 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 VIII, Section V, Paragraph I of the Constitution relating to the county boards of education is hereby amended by adding at the end thereof the following: Art. VIII, Sec. V, Par. I. The Board of Education of Stewart County shall consist of five (5) members to be elected by the voters of Stewart County as a whole. For the purposes of electing said Board of Education Stewart County is hereby divided into four (4) school districts as follows:

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(a) School District #1 to consist of the Midway Militia District (G. M. #988); Florence Militia District (G. M. #801); and Omaha or Mineral Springs Militia District (G. M. #725). (b) School District #2 to consist of Louvale Militia District (G.M. #780); and Lumpkin Militia District (G. M. #796). (c) School District #3 to consist of the Richland Militia District (G. M. #727); Green Hill Militia District (G. M. #965); and Brooklyn Militia District (G. M. #966). (d) School District #4 to consist of the Pataula Militia District (G. M. #747); and County Line Militia District (G. M. #816). One member of said board of education shall be elected by all the qualified voters of Stewart County from each of the before-going school districts and the fifth (5th) member of the said board of education shall be elected by the voters of said county from the county at large. Other than the member from the county at large no person shall be eligible to serve as a member of the Stewart County Board of Education from a school district unless he shall reside in such district; however, all members of the board shall be elected by the voters of the entire County of Stewart. All of said members shall be elected for terms of four (4) years each and until their successors are duly elected and qualified and thereafter the grand jury of Stewart County shall make no more appointments for the Board of Education of Stewart County. The members of the board of education shall each receive as their compensation the sum of five ($5.00) dollars for every meeting which they attend plus seven (.07) cents per mile for each mile which they have to travel in going to said meeting. All other laws of the general nature relating to the qualifications and duties, obligations and responsibilities of the board of education shall be applicable

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as to the Board of Education of Stewart County. After the approval of this Act the terms of the members of the Stewart County Board of Education who are presently in office shall expire and new members shall be elected as hereinafter provided. Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Stewart County to issue a call for an election for the purpose of electing the first members of the Board of Education of Stewart County as created herein. The date of such election shall be set for a day not less than twenty nor more than thirty days from the date of the issue of the call thereof. It shall be the duty of the ordinary to publish the date of the election, the purpose thereof, and an explanation of the voting procedure by the education districts herein created, once a week for two weeks immediately preceding the date of the election in the official organ of Stewart County. Each member of said board shall be elected for a term of four years and until his successor is duly elected and qualified, and said members qualify for their respective office on January 1 next succeeding their election. In case of a vacancy on said board by death, resignation, or from any cause other than the expiration of such member's term of office, the remaining members of the board shall elect a successor who shall serve the unexpired term. 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

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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 the Constitution so as to provide for the election of the members of the Board of Education of Stewart County by the people, and the election of the county school superintendent by the board. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Stewart County by the people, and the election of the county school superintendent by the board. 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. $$Missing$$ FAIR TRADE ACT. No. 853 (Senate Bill No. 171). An Act to protect trade-mark owners, producers, distributors and the general public against injurious and uneconomic practices in the distribution of competitive commodities bearing a distinguishing trade-mark,

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brand or name, through the use of voluntary contracts establishing minimum resale prices; to declare the public policy of Georgia with respect to property rights, trade-marks, good will, and the right and freedom to contract, and to exercise the police power of the State of Georgia so as to forbid the conduct of business in such manner as to infringe the equal rights of others, and to protect the general public against practices which may have the effect, or be intended to have the effect, of defeating or lessening competition or encouraging monopoly, by authorizing contracts stipulating minimum resale prices on commodities bearing trade-marks, brands or names, and defining as unfair competition and making actionable knowingly and wilfully to advertise for sale, offer for sale, or sell such commodities at less than the minimum prices established or stipulated in or under the contracts authorized by this Act, whether the person so advertising for sale, offering for sale or selling is or not a party to such contracts and by providing for actions by the Attorney-General of the State of Georgia to restrain the enforcement of such contracts in which the commodities to which such contracts pertain are not in free and open competition with commodities of the same general class produced or distributed by a competitor of the producer or distributor of such commodities, 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. It is here by found, determined and declared that: (A) The public interest and general well being of the State of Georgia will best be served by the maintenance of minimum resale prices of trade-marked, branded or named commodities which are in free and open competition with commodities of the same general class; and Legislative declaration. (B) Without minimum resale price maintenance of

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trade-marked, branded, and named commodities which are in free and open competition with commodities of the same general class, small retail merchants with limited capital and purchasing power cannot survive the price wars, or predatory or fraudulent manipulation of prices by large retail organizations which, after forcing the small retailers out of business by such practices gain a substantial monopoly and lessen competition in the retail channels of commerce, contrary to the general well being and public interest; and (C) Predatory or fraudulent manipulation of prices of competitive commodities deceives the consuming public and enables the manipulator to enveigle the public into his place of business in order to exact an excessive profit on the sale of lesser known commodities. (D) The rights created by this Act will tend to secure a wider distribution of competitive commodities and will increase the production thereof and thereby reduce production and distribution costs, which result will inure to the benefit of the consumers of such commodities, protect and increase gainful employment in manufacturing and retailing, and will enhance the well being of the citizens of the State of Georgia. (E) Prohibiting the unfair and discriminatory practice of predatory or fraudulent manipulation of prices of trade-marked, branded, or named commodities which are in free and open competition with commodities of the same general class produced or distributed by others will foster and encourage free and honest competition between such commodities and will safeguard the general public against the creation of perpetuation of monopolies; and (F) Trade-marks, brands, or names of commodities, and the good will associated therewith constitute property entitled to the protection afforded by this Act; and (G) Wilfully and knowingly advertising for sale, offering for sale, or selling a competitive commodity bearing

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a trade-mark, brand or name of the producer or distributor thereof contrary to the provisions of this Act and contracts entered into pursuant thereto of which the seller of such commodity has knowledge constitutes a wrongful interference with the property rights of the parties to such contracts; and (H) This Act is enacted by the General Assembly of the State of Georgia as an exercise of the police power of this State in order to enhance the general well being of the citizens of the State of Georgia, to prevent monopoly and encourage lawful competition in the sale and distribution of competitive commodities bearing a trademark, brand or name, and in order to protect the right to enter into private contracts. Intent of Act. Section 2. The following terms, as used in this Act are hereby defined as follows: (A) Commodity means any subject of commerce. (B) Producer means any grower, baker, maker, manufacturer, bottler, packer, converter, processor, or publisher. Definitions. (C) Wholesaler means any person engaged in the business of reselling commodities other than a producer or retailer. (D) Retailer means any person engaged in the business of selling a commodity to consumers for use. (E) Person means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust or any unincorporated organization engaged in a business of selling a commodity or commodities. Section 3. No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears the trade-mark, brand, or name of the producer of distributor of such commodity and which commodity is in free and open competition with one or

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more commodities of the same general class produced or distributed by others shall be deemed in violation of any law of the State of Georgia by reason of any of the following provisions which may be contained in such contract: Contracts to control resale prices. (A) That the buyer will not resell such commodity at less than the minimum price stipulated by the seller. (B) That the buyer will require of any dealer to whom he may resell such commodity an agreement that he will not, in turn, resell at less than the minimum price stipulated by the seller. (C) That the seller will not sell such commodity: (1) To any wholesaler, unless such wholesaler will agree not to resell the same to any retailer unless the retailer will in turn agree not to resell the same except to consumers for use and at not less than the stipulated minimum price, and such wholesaler will likewise agree not to resell the same to any other wholesaler unless such other wholesaler will make the same agreement with any wholesaler or retailer to whom he may resell; or (2) To any retailer, unless the retailer will agree not to resell the same except to consumers for use and at not less than the stipulated minimum price. Section 4. For the purpose of preventing evasion of the resale price restrictions imposed in respect of any commodity by any contract entered into pursuant to the provisions of this Act (except to the extent authorized by the said contract): (A) The offering or giving of any article of value in connection with the sale of such commodity; Acts to be construed in violation of such agreements. (B) The offering or the making of any concession of any kind whatsoever (whether by the giving of coupons or otherwise) in connection with any such sale; or

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(C) The sale or offering for sale of such commodity in combination with any other commodity shall be deemed a violation of such resale price restriction for which the remedies prescribed by Section 7 (Seven) of this Act shall be available. Section 5. No minimum resale price shall be established for any commodity under any contract entered into pursuant to the provisions of this Act, by any person other than the owner of the trade-mark, brand or name used in connection with such commodity or by a distributor specifically authorized to establish said price by the owner of such trade-mark, brand or name. Who may impose restriction. Section 6. No contract containing any of the provisions enumerated in Section 3 of this Act shall be deemed to preclude the resale of any commodity covered thereby without reference to such contract in the following cases: Restrictions not applicable, when. (A) In closing out the owner's stock for the bona fide purpose of discontinuing dealing in any such commodity and plain notice of the fact is given to the public; provided the owner of such stock shall give to the producer or distributor of such commodity ten days' notice in writing of his intention to close out said stock, and an opportunity to purchase such stock at the original invoice price; (B) When the trade-mark, brand or name is removed or wholly obliterated from the commodity and is not used or directly or indirectly referred to in the advertisement or sale thereof; (C) When the goods are altered, second-hand, damaged, defaced, or deteriorated and plain notice of the fact is given to the public in the advertisement and sale thereof, such notice to be conspicuously displayed in all advertisements and to be affixed to the commodity; (D) By any officer acting under an order of court.

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(E) By a person who is not a wholesaler, a retailer, or engaged in the business of dealing in such commodities. Section 7. Wilfully and knowingly advertising for sale, offering for sale or selling any commodity at less than the price stipulated in any contract entered into pursuant to the provisions of this Act, whether the person so advertising for sale, offering for sale or selling is or not a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby. Violations. Section 8. This Act shall not apply to any contract or agreement between or among producers or distributors or between or among wholesalers or between or among retailers as to sale or resale prices. Act not applicable, when. Section 9. If after investigation, the Attorney-General deems that any commodity covered by a contract authorized by the provisions of this Act is not in free and open competition with a commodity or commodities of the same general class produced or distributed by a competitor of the vender in said contract, he may bring an action in the name of this State to restrain the performance or enforcement of any such contract. If upon the trail the court shall find that the commodity or commodities covered by the contract is not in free and open competition with a commodity or commodities of the same general class produced or distributed by a competitor of the vender in said contract, the court shall restrain the performance or enforcement of such contract. Actions to enforce. Such action shall be begun in the superior court of the county of the residence of any part to such contract by service of process upon all parties thereto. Where any of such parties are nonresidents of the State of Georgia, service of process upon such parties shall be made by registered mail addressed to such parties at the address or addresses stated in said contract or, if not stated therein, then at the last known post office address or principal place of business of said parties returnable not

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less than 30 days after the mailing of said process; provided, that there shall be publication of notice of the suit in accordance with the laws of the State of Georgia now existing. Section 10. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. Section 11. This Act may be known and cited as the Fair Trade Act. Section 12. All laws or parts of laws in conflict herewith are hereby repealed. Approved January 6, 1954. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS. No. 854 (House Bill No. 128). An Act to regulate traffic on streets and highways; to revise certain of the laws of this State dealing with traffic on the streets and highways; to define certain crimes in the use and operation of vehicles; to define the power of local authorities to enact and enforce ordinances, rules and regulations with respect to matters embraced within the terms of this Act; to specify requirements for the use of the streets and highways; to provide for the making of accident reports and to specify the duties of persons after the happening of an accident; to provide for the speed of vehicles; to define the duties and rights of pedestrians; to regulate the operation of motorcycles and motor bikes; to outline the duties and privileges of emergency vehicles; to specify certain minimum equipment required of vehicles; to authorize the Public Service Commission to

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make additional rules relative to equipment; to regulate special stops for railroad crossings, through highways and school busses; to provide for the suspension of drivers' licenses; to make uniform the law relating to the subject matter of this Act; to repeal conflicting laws; to repeal expressly certain laws; to preserve in effect certain laws; to provide for the punishment for a violation of the provisions of this Act; to provide an effective date; and for other purposes. Be it enacted by the General Assembly and it is hereby enacted by the authority of same, as follows: ARTICLE I. Words and Phrases Defined . Section 1. Definition of words and phrases . The following words and phrases when used in this Act shall, for the purpose of this Act, have the meanings respectively ascribed to them in this article. Subdivision I.Vehicles and Equipment Defined . Section 2. (a) Vehicle . Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks, or overhead trolley wires. (b) Motor vehicles . Every vehicle which is self-propelled, except trackless trolleys which are classed as streetcars in Section 7, Subsection (c) hereof. (c) Motorcycle . Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (d) Motor-driven cycle . Every motorcycle, including every motor scooter, with a motor which produces not to

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exceed five horsepower, and every bicycle with motor attached. (e) Authorized emergency vehicle . Vehicles of the fire department, police vehicles, State Patrol vehicles, and such ambulances and emergency vehicles as are designated or authorized by the chief of police of an incorporated city or town. (f) School bus . Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school. Section 3. (a) Truck tractor . Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Definitions. (b) Farm tractor . Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (c) Road tractor . Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. Section 4. (a) Truck . Every motor vehicle designed, used, or maintained primarily for the transportation of property. (b) Bus . Every motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. Section 5. (a) Trailer . Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a

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motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (b) Semi-trailer . Every vehicle with or without motive power, other than a pole tailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (c) Pole trailer . Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Section 6. (a) Pneumatic tire . Every tire in which compressed air is designed to support the load. (b) Solid tire . Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. (c) Metal tire . Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material. Section 7. (a) Railroad . A carrier of persons or property upon cars, other than street cars, operated upon stationary rails. (b) Railroad train . A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars. (c) Street car . A car other than a railroad train for transporting persons or property and operated upon rails or overhead trolley wires, principally within a municipality.

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Section 8. (a) Explosives . Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. (b) Flammable liquid . Any liquid which has a flash point of 70 F. or less, as determined by a closed-cup test device. Section 9. Gross weight . The weight of a vehicle without load plus the weight of any load thereon. Subdivision II. Governmental Agencies , Persons, Owners, etc., Defined . Section 10. (a) Director . The Director of Public Safety of this State. (b) Department . The Department of Public Safety acting directly or through its duly authorized officers or agents. (c) Board . The State Highway Board of this State acting directly or through its duly authorized officers or agents. Section 11. (a) Person . Every natural person, firm, copartnership, association, or corporation. (b) Pedestrian . Any person afoot. (c) Driver . Every person who drives or is in actual physical control of a vehicle.

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(d) Owner . A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Act. Section 12. Officer . Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations, including police officers and highway patrolmen. Section 13. Local authorities . Every county, municipal, and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this State. Subdivision IIIHighways, Restricted Districts, Zones, etc., Defined . Section 14. (a) Street or highway . The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (b) Private road or driveway . Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. (c) Roadway . That portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes two or more separate roadways the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively. Definitions. (d) Sidewalk . That portion of a street between the

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curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (e) Laned roadway . A roadway which is divided into two or more clearly marked lanes for vehicular traffic. (f) Through highway . Every highway or portion thereof at the entrances to which vehicular traffic from intersection highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Act. (g) Limited-access highway . Every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. Section 15. Intersection . (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles travelling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two roadways (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways (30) feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. Section 16. Crosswalk . (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the

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highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway; (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Section 17. Safety zone . The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Definitions. Section 18. (a) Business district . The territory contiguous to and including a roadway when within any 600 feet along such roadway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the roadway provided, however, that when such territory is located outside the incorporated limits of a city or town, it is disignated and marked as such by the Director of Public Safety. (b) Residence district . The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business, provided, however, that when such territory is located outside the incorporated limits of a city or town, it is designated and marked as such by the Director of Public Safety. Section 19. (a) Official traffic-control devices . All signs, signals, markings, and devices not inconsistent with this Act placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (b) Traffic-control signal . Any device, whether manually

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electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. (c) Railroad sign or signal . Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. Section 20. Traffic . Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together while using any highway for purposes of travel. Section 21. (a) Right of way . The privilege of the immediate use of the roadway. (b) Yield right of way . When required means that the vehicle confronted with a yield right of way sign gives way to all other vehicles approaching the intersection in the other travel lanes, but when no other vehicle is approaching may continue on into the intersection. (c) Stop . When required means complete cessation from movement. (d) Stop, stopping, or standing . When prohibited means any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (e) Park . When prohibited means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. ARTICLE II. Obedience to and Effect of Traffic Laws . Section 22. Provisions of Act refer to vehicles upon the highways. Exceptions . The provision of this Act relating

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to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: 1. Where a different place is specifically referred to in a given section. 2. The provisions of Articles IV and V shall apply upon highways and elsewhere throughout the State. Section 23. Required obedience to traffic laws . It is unlawful and, unless otherwise declared in this Act with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Act. Section 24. Obedience to officers . No person shall wilfully fail or refuse to comply with any lawful order or direction of any officer invested by law with authority to direct, control, or regulate traffic. Section 25. Public officers and employees to obey Act. Exceptions . (a) The provisions of this Act applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, any State, or any county, city, town, district, or any other political subdivision of the State, except as provided in this section and subject to such specific exceptions as are set forth in this Act with reference to authorized emergency vehicles. (b) Unless specifically made applicable, the provisions of this Act shall not apply to persons, teams, motor vehicles, and other equipment while at a place where work is in process on the highway or a bridge and while engaged in such work, but shall apply to such persons and vehicles when travelling to or from such places where work is in process. Section 26. Authorized emergency vehicles . (a) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding

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to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (b) The driver of an authorized emergency vehicle may: 1. Park or stand, irrespective of the provisions of this Act. 2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. 3. Exceed the speed limits specified in this Act so long as he does not endanger life or property. (c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. (d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. Section 27. Traffic laws apply to persons riding or driving animal-drawn vehicles . Every person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Act, except those provisions of this Act

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which by their very nature can have no application. Section 28. Provisions of Act uniform throughout State . The provisions of this Act shall be applicable and uniform throughout this State and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this Act unless expressly authorized herein. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this Act; Section 29. Powers of local authorities . (a) The provisions of this Act shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction, and within the reasonable exercise of the police power from: 1. Regulating the standing or parking of vehicles; 2. Regulating traffic by means of police officers or traffic-control signals; 3. Regulating or prohibiting processions or assemblages on the highways; 4. Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction; 5. Regulating the speed of vehicles in public parks; 6. Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to such intersection; 7. Regulating the operation of bicycles and requiring the registration and licensing of same, including the requirement of a registration fee.

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8. Designating any highway intersection as a Yield Right of Way intersection, and requiring vehicles facing Yield Right of Way sign to yield right of way to other vehicles. 9. Regulating or prohibiting the turning of vehicles at intersection; 10. Altering the speed limits as specified herein; 11. (a) Adopting such other traffic regulations as are specifically authorized by this Act. (b) No ordinance or regulation enacted under Subdivisions (4), (5), (6), (8), or (9) of this section shall be effective until and unless signs giving notice of such local traffic regulations are posted upon or at the entrance to the highway or part thereof affected as may be most appropriate. Section 30. This Act not to interfere with rights of owners of real property with reference thereto . Nothing in this Act shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Act, or otherwise regulating such use as may seem best to such owner. ARTICLE III. Traffic Signs, Signals, and Markings . Section 31. State Highway Board to adopt manual of uniform traffic control devices . The State Highway Board shall adopt a manual and specifications, as recommended by the Engineering Division of the State Highway Board, for a uniform system of traffic-control devices consistent with the provisions of this Act for use upon all highways within this State. Such uniform system shall correlate with and so far as possible conform

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to the system then current as approved by the American Association of State Highway Officials. Section 32. State Highway Board to sign all State Highways . (a) The State Highway Board shall place and maintain such traffic control devices, conforming to its manual and specifications, upon all State highways including those within all municipalities and counties, as it shall deem necessary to indicate and to carry out the provisions of this Act or to regulate, warn, or guide traffic, and shall remove or direct removal of all traffic-control devices which it shall deem unnecessary. All traffic-control devices shall conform to those adopted under the authority of Section 31. (b) No other authority shall place or maintain any traffic-control devices upon any State highway under the jurisdiction of the State Highway Board except by the latter's permission. (c) The disregard or disobeyance of the instructions of any official traffic-control device or signal, placed in accordance with the provisions of this Act, by the driver of a vehicle, shall be deemed as prima facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected. Section 33. Local traffic-control devices . (a) Local authorities in their respective jurisdictions shall place and maintain such traffic-control devices upon streets and roads under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this Act or local traffic ordinances or to regulate, warn, or guide traffic. All such traffic-control devices hereafter erected shall conform to the State manual and specifications. Section 34. Obedience to official traffic-control devices . No driver of a vehicle or motorman of a street car shall disobey the instructions of any official traffic control device placed in accordance with the provisions of

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this Act, unless at the time otherwise directed by a police officer. Section 35. Traffic-control signal legend . Wherever traffic is controlled by traffic-control signals exhibiting the words Go, Caution, or Stop, or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows: (a) Green alone or Go. 1. Vehicular traffic facing the signal, except when prohibited under Section 89, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or on adjacent crosswalk at the time such signal is exhibited. 2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. (b) Yellow alone or Caution when shown following the green or Go signal. 1. Vehicular traffic facing the signal is thereby warned that the red or stop signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or Stop signal is exhibited. 2. No pedestrian facing such signal shall enter the roadway until the green or Go is shown alone, unless authorized so to do by a pedestrian Walk signal. (c) Red alone or Stop. 1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection, or at

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such other point as may be indicated by a clearly visible line, and shall remain standing until green or Go is shown alone. 2. No pedestrian facing such signal shall enter the roadway until the green or Go is shown alone, unless authorized so to do by a pedestrian Walk signal. (d) Red with green arrow. 1. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. 2. No pedestrian facing such signal shall enter the roadway until the green or Go is shown alone, unless authorized so to do by a pedestrian Walk signal. (e) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. Section 36. Pedestrian walk and wait signals . Whenever special pedestrian-control signals exhibiting the words Walk or Wait are in place such signals shall indicate as follows: (a) Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles. (b) Wait. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk

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signal shall proceed to a sidewalk or safety island while the wait signal is showing. Section 37. Flashing signals . Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows: 1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. 2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. Section 38. Display of unauthorized signs, signals, or markings . (a) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (b) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. Section 39. Interference with official traffic . No person

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shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof. ARTICLE IV. Accidents . Section 40. Accidents involving death or personal injuries . (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 42. Every such stop shall be made without obstructing traffic more than is necessary. (b) Any person knowingly failing to stop or comply with said requirements under such circumstances shall upon conviction be punished as for a misdemeanor. Section 41. Accident involving damage to vehicle . The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 42. Every such stop shall be made without obstructing traffic more than is necessary. Any person knowingly failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor. Section 42. Duty to give information and render aid . The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request and if

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available exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. Section 43. Duty upon striking unattended vehicle . The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking. Section 44. Duty upon striking fixtures upon a highway . The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator's or chauffeur's license. Section 45. Immediate reports of accidents . The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $25 or more shall immediately by the quickest means of communication give notice of such accident to the local police department if such accident occurs within a municipality; if such accident occurs without a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the State Patrol. The above notices shall be in addition to the

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written report required by Section 4 of Motor Vehicle Safety Responsibility Act (Ga. Laws 1951, p. 568). Section 46. Sheriffs to report . Every sheriff shall on before the 10th day of each month report in writing to the Department the death of any person within his jurisdiction during the preceding calendar month as the result of a traffic accident known to him, giving the time and place of the accident and the circumstances relating thereto. ARTICLE V. Driving While Intoxicated, and Reckless Driving . Section 47. Persons under the influence of intoxicating liquor or of drugs . (a) It is unlawful and punishable as provided in Subdivision (d) of this section for any person who is under the influence of intoxicating liquor to operate or drive any vehicle. (b) In any criminal prosecution for a violation of Subdivision (a) of this section relating to operating or driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant's blood, urine, breath, or other bodily substance shall give rise to the following rebuttable presumptions; Provided, however, that the failure of such arrested person to demand such a test or to consent to such a test shall not be admitted in evidence in the trial of such person: 1. If there was at that time 0.05 percent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor; 2. If there was at that time in excess of 0.05 percent but less than 0.15 percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered

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with other competent evidence in determining the guilt or innocence of the defendant; 3. If there was at that time 0.15 percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor; 4. Any person who is arrested for driving or operating a vehicle while under the influence of intoxicating liquor shall have the right to demand a blood test to determine the amount or weight of alcohol in his blood, and it is mandatory upon the officials in whose custody he shall have been placed after arrest to have such a blood test made immediately after demand by the arrested person, provided the facilities for making such a test are available in the county of his confinement. The Director of Public Safety shall designate one or more physicians or certified hospital technicians for each county to perform such tests upon the request of any person so arrested. The costs of such test shall be borne by the person so arrested and shall be only the actual costs but in no event more than $10.00. 5. The foregoing provisions of this subdivision shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. 6. Nothing in this Act shall be construed as requiring any person to take such examination against his wishes. (c) It is unlawful and punishable as provided in Subdivision (d) of this subsection for any person who is a habitual user of, or under the influence of, any narcotic drug, or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle, to drive a vehicle within this State. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this State shall not constitute a defense against

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any charge of violating this subsection; provided however, it shall be the duty of the arresting officer, if it shall become necessary to incarcerate a person suspected of violating the provisions of this subsection, to summon as soon as possible a qualified physician or doctor to examine the party so apprehended. The expense of such examination shall be borne by the court having jurisdiction of said alleged offense. (d) Every person who is convicted of a violation of this section shall be punished by imprisonment for not less than 10 days nor more than 12 months, or by fine of not less than $100.00 nor more than $200.00 or by both such fine and imprisonment, and the court in its discretion shall have the power to revoke for any period of time not exceeding two years the license of any person convicted under this section for the first or second offenses, and shall have the power to reinstate said license at any time, but this power to reinstate licenses shall in no way affect persons convicted for third and subsequent offenses. On a third or subsequent conviction when the two last prior convictions have occurred within the four years immediately preceding such third conviction he shall be punished by imprisonment for not less than 90 days not more than 12 months, and, in the discretion of the court, a fine of not more than $1,000.00, and upon a third and subsequent conviction when the two last prior convictions have occurred within the four years immediately preceding such third conviction his driver's license shall be revoked for two years. The Department may suspend or revoke the operator's or chauffeur's license of any person convicted under this section; provided, that the suspension or revocation of any license by said Department shall in no way conflict with the decision rendered by the court having jurisdiction over such convicted person. ARTICLE VI. Speed Restrictions . Section 48. Speed restrictions . (a) No person shall

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drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (b) Where no special hazards exist that require lower speed for compliance with (a) of this section the speed of any vehicle not in excess of the limits specified in this section or established as hereinafter authorized shall be lawful, but any speed in excess of the limits specified in this section or established as hereinafter authorized shall be unlawful. 1. Thirty-five miles per hour in any business or residence district; 2. Sixty miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times 50 miles per hour. 3. Where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is less than 10,000 pounds the maximum speed shall not exceed 55 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is between 10,000 and 16,000 pounds the maximum speed shall not exceed 50 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and load exceeds 16,000 pounds, the maximum speed shall not exceed 45 miles per hour. This subparagraph shall not apply to busses. Provided that no school bus while transporting school children shall exceed a speed of 40 miles per hour. (c) The driver of every vehicle shall, consistent with the requirements of (a), drive at an appropriate reduced speed when approaching and crossing an intersection or

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railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. (d) The lawful speed limits set forth in this section may be altered as authorized in Sections 49 and 50. Section 49. Establishment of State speed zones . Whenever the Director of Public Safety and the State Highway Board, upon request from any local authority, or upon their own initiative, shall determine upon the basis of an engineering and traffic investigation that any lawful speed limit hereinbefore set forth is greater than is reasonable or safe under the conditions found to exist on any State highway or upon any part thereof, or upon any extension thereof within a municipality, said Director may determine and declare a reasonable and safe lawful speed limit thereon which shall be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate signs giving notice thereof are erected. Section 50. When local authorities may alter lawful limits . (a) Whenever municipal authorities within their respective jurisdictions determine upon the basis of an engineering and a traffic investigation that the lawful speed limits permitted under this Act upon any street or highway, or upon any part thereof, is greater or less than is reasonable or safe under the conditions found to exist upon such street or highway, said local authorities may determine and declare a reasonable and safe lawful speed limit thereon which shall be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate signs giving notice thereof are erected. Local authorities shall not have the authority to alter the basic rule set forth in Subdivision (a) of Section 48 or in any event to authorize by ordinance a speed greater than 55 miles per hour.

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Section 51. Minimum speed regulation . No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. Police officers and highway patrolmen are hereby authorized to enforce this provision by directions to drivers, and in the event of wilful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith the continued slow operation by a driver shall be a misdemeanor. Section 52. Special speed limitation on motor driven cycles at night time . No person shall operate any motor driven cycle at any time mentioned in Section 103 at a speed greater than 35 miles per hour unless such motor driven cycle is equipped with a head-lamp or lamps which are adequate to reveal a person or vehicle at a distance of 300 feet ahead. Section 53. Special speed limitation on elevated structures . (a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a street or highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section. (b) The State Highway Board upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this Act, it shall determine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance before each end of such structure to provide adequate warning.

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(c) Upon the trial of any person charged with a violation of this section, proof of said determination of the maximum speed by said Board and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. Section 54. Charging violations . (a) In every charge of violation of any speed regulation in this Act the accusation, indictment, or complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the lawful speed applicable within the district or at the location. ARTICLE VII. Driving on Right side of Roadway. Overtaking and Passing, etc . Section 55. Drive on right side of roadway. Exceptions . (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; 2. When the right half of a roadway is closed to traffic while under construction or repair; 3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or 4. Upon a roadway designated and signposted for oneway traffic. (b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right hand lane then available for traffic, or as close

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as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. Section 56. Passing vehicles proceeding in opposite directions . Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible. Section 57. Overtaking a vehicle on the left . The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated; (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right of the roadway until safely clear of the overtaken vehicle. (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. Section 58. When overtaking on the right is permited . (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: 1. When the vehicle overtaken is making or about to make a left turn; 2. Upon a street or highway with unobstructed pavement,

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not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction; 3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. (b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or maintraveled portion of the roadway. Section 58-A. Limitations on overtaking on the left . No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction of any vehicle overtaken. In every event the overtaking vehicle must return to the righthand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction. Section 59. Further limitations on driving to left of center of roadway . (a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions: 1. When approaching the crest of a grade or upon a curve where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; 2. When approaching within 100 feet of or traversing any intersection or railroad grade crossing;

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3. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel. (b) The foregoing limitations shall not apply upon a one-way roadway. Section 60. No-passing zones . The State Highway Board is hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof. Section 61. One-way roadways and rotary traffic islands . The State Highway Board may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof. (b) Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated. (c) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. Section 62. Driving on roadways laned for traffic . Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply. (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except

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when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation. (c) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. Section 63. Following too closely . (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (b) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residential district and which is following another motor truck or motor vehicle drawing another vehicle shall leave not less than 500 (five hundred) feet of open space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between other vehicles or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. Section 64. Driving on divided highways . Whenever any highway has been divided into two roadways by leaving

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an intervening space or by a physical barrier or clearly indicated dividing sections so constructed as to impede vehicular traffic, no vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority. Section 65. Restrictions on use of limited-access road-way . The State Highway Board may by order and local authorities may by ordinance with respect to any limited-access roadway under their respective jurisdiction prohibit the use of any such roadway by any person operating a motor driven cycle or by pedestrians, bicycles, or other non-motorized traffic. The State Highway Board or the local authority adopting any such prohibitory regulation shall erect and maintain official signs on the limited-access roadway on which such regulations are applicable and when so erected no person shall disobey the restrictions stated on such signs. ARTICLE VIII. Turning and Starting and Signals on Stopping and Turning . Section 66. Required position and method of turning at intersections . The driver of a vehicle intending to turn at an intersection shall do as follows: (a) Right turns. Both the approach for a right turn and right turn shall be made as close as practical to the right-hand curb or edge of the roadway. (b) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the

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left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. (c) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered. (d) Local authorities in their respective jurisdiction may cause markers, buttons, or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs. Section 67. Turning on curve or crest of grade prohibited . No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade. Section 68. Starting parked vehicle . No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. Section 69. Turning movements and required signals . (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 66, to turn a vehicle to enter a private

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road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. Section 70. Signals by hand and arm or signal device . (a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, but when a vehicle is so constructed or loaded that a hand-and-arm signal would not be visible both to the front and rear of such vehicle then such truck or vehicle shall be equipped with workable signal lamps or signal devices, and signals must be given by such a signal lamp or lamps or signal device, except as otherwise provided in Paragraph (b). (b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. Section 71. Method of giving hand-and-arm signals .

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All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: 1. Left turnHand and arm extended horizontally. 2. Right turnHand and arm extended upward. 3. Stop or decrease speedHand and arm extended downward. ARTICLE IX. Right of Way . Section 72. Vehicles approaching or entering intersection . (a) The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway. (b) When two vehicles enter an intersection from different highways at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right. (c) When the intersection is designated by the Board, or the local authority having jurisdiction, as a Yield Right Of Way intersection, the driver of a vehicle approaching the Yield Right Of Way sign shall slow to a speed of not more than ten miles per hour and yield right of way to all vehicles approaching from the right or left on the intersection roads or streets, which are so close as to constitute an immediate hazard. If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a Yield Right Of Way sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield right of way. (d) The right of way rules declared in Subdivisions (a) and (b) are modified at through highways and otherwise as hereinafter stated in this article.

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Section 73. Vehicle turning left at intersection . The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this Act, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the vehicle making the left turn. Section 74. Vehicle entering through highway or stop intersection . (a) The driver of a vehicle shall stop as required by this Act at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection from said through highway or which are approaching so closely on said through highway as to constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on said through highway shall yield the right of way to the vehicle so proceeding into or across the through highway. (b) The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed. Section 75. Vehicle entering highway from private road or driveway . The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right of way to all vehicles approaching on said highway. Section 76. Operation of vehicles and street cars on approach of authorized emergency vehicles . (a) Upon the immediate approach of an authorized emergency vehicle

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equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle and when the driver is giving audible signal by siren, exhaust whistle, or bell: 1. The driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. 2. Upon the approach of an authorized emergency vehicle, as above stated, the motorman of every street car shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. ARTICLE X. Pedestrians . Section 77. Pedestrians subject to traffic regulations . (a) Pedestrians shall be subject to traffic control at intersections as provided in Section 35 of this Act, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article. (b) Local authorities are hereby empowered by ordinance to require that pedestrians shall strictly comply with the directions of any official traffic-control signal and may by ordinance prohibit pedestrians from crossing

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any roadway in a business district or any designated highways except in a crosswalk. Section 78. Pedestrians' right-of-way in crosswalk . (a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in Section 79b. (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. Section 79. Crossing at other than crosswalks . (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway; Provided, however, that this section shall not apply to roadways in areas where there are no crosswalks nor intersections at which pedestrians may cross the roadway, but that on such roadways in such areas pedestrians crossing the roadway shall have equal rights with vehicles on the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway. (c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

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Section 80. Drivers to exercise due care; duty with respect to blind persons carrying white cane . Notwithstanding the foregoing provisions of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. In addition, any driver of a vehicle who approaches within three feet of a person who is in a street or highway or at an intersection and who is wholly or partially blind, and who is carrying a walking cane or stick white in color or white tipped with red, shall immediately come to a full stop, and before proceeding, shall take such precautions as may be necessary to avoid accident or injury to the person wholly or partially blind. Section 81. Pedestrians to use right half of crosswalks Pedestrians shall move, whenever practicable, upon the right half of crosswalks. Section 82. Pedestrians on roadways . (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. (c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. ARTICLE XI. Special Stops Required . Section 83. Obedience to signal indicating approach of train . Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within 50 feet but not less than 15 feet

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from the nearest rail of such railroad, and shall not proceed until he can do so safely, when: (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train; (b) A crossing gate is lowered, or when a human flagman gives or continues to give a signal of the approach or passage of a train; (c) An approaching train is plainly visible and is in hazardous proximity to such crossing. Section 84. All vehicles must stop at certain railroad grade crossings . The State Highway Board and local authorities with the approval of the State Highway Board are hereby authorized to designate particularly dangerous highway crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care. Section 85. Certain vehicles must stop at all railroad grade crossings . (a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.

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(b) No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed. (c) This section shall not apply at street-railway grade crossings within a business or residence district. Section 86. Moving heavy equipment at railroad grade crossing . (a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 6 or less miles per hour or a vertical body or load clearance of less than 9 inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section. (b) Notice of any such intended crossing shall be given to a superintendent of such railroad and a reasonable time be given to such railroad to provide protection at such crossing. (c) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railway and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. (d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. Section 87. Vehicles must stop at through highways . (a) The State Highway Board with reference to State highways, and local authorities with reference to other highways under their jurisdiction, may designate through highways and erect stop signs at specified entrances thereto or may designate any intersection as a stop intersection

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and erect like signs at one or more entrances to such intersection. (b) Every said sign shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop sign shall be located as near as practicable at the nearest line of the crosswalk thereat, or, if none, at the nearest line of the roadway. (c) Every driver of a vehicle and every motorman of a street car shall stop at such sign or at a clearly marked stop line before entering an intersection except when directed to proceed by a police officer or traffic-control signal. Section 88. Stop before emerging from alley or private driveway . The driver of vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway or private driveway. Section 89. Overtaking and passing school bus . (a) The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signalled by the driver to proceed. (b) Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words School Bus in letters not less than 8 inches in height. (c) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a limited or controlled access highway and the school

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bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. (d) It shall be unlawful to operate any flashing warning signal light on any school bus except when any said school bus is stopped or approaching a stop on a highway for the purpose of permitting school children to board or alight from said school bus. ARTICLE XII. Stopping, Standing, and Parking . Section 90. Stopping, standing, or parking outside of business or residence districts . (a) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practical to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway. (b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or maintraveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. Provided, however, the driver or person in charge of such vehicle shall cause such vehicle to be removed from the roadway as promptly as possible; and if such vehicle becomes disabled after sunset, in that event prior to the time it is removed from the highway, the driver or person in charge shall give a signal by lights or flares or both of the presence of such disabled vehicle on the highway. Section 91. Officers authorized to remove illegally

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stopped vehicles . (a) Whenever any police officer or highway patrolman finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this article such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway. (b) Whenever any police officer or highway patrolman finds a vehicle unattended upon any street, highway, bridge or causeway, or in any tunnel, where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. Section 92. Stopping, standing, or parking prohibited in specified places . (a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places: 1. On a sidewalk; 2. In front of a public or private driveway; 3. Within an intersection; 4. Within 10 feet of a fire hydrant; 5. On a crosswalk; 6. Within 20 feet of a crosswalk at an intersection; 7. Within 30 feet upon the approach to any flashing beacon, stop-sign, or traffic-control signal located at the side of a roadway. 8. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;

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9. Within 15 feet of the nearest rail of a railroad crossing; 10. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted); 11. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; 12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; 14. At any place where official sign prohibits stopping. 15. It shall be unlawful for any person to stop or park any automobile, truck, tractor, trailer, or other motor vehicle, or horse-drawn vehicle on or along any State-aid road or highway, unless such vehicle be placed so that it is at least twelve feet removed from the center line of such State-aid road or highway; and such vehicle shall be so parked that no portion thereof shall be within twelve feet of the center line of such State-aid road or highway. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (c) The provisions of Section 92(a) 15 shall not apply to any passenger vehicle while parked or stopped for the purpose of taking on or discharging passengers, where such vehicle is operated under a certificate of public convenience and necessity or interstate registration permit issued by the Georgia Public Service Commission authorizing the operation of such vehicle upon the roads

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and highways, if the width of the road and character of the shoulders at said point make it impractical to comply with said section, and if the view of said vehicle at the time is not obstructed by any terrain features for a distance of 200 feet in each direction upon said road or highway. Section 93. Additional parking regulations . (a) Except as otherwise provided in this section every vehicle stopped or parked upon a upon a roadway where there are adjacent curbs shall be so stopped or parked with the righthand wheels of such vehicle parallel to and within 18 inches of the right-hand curb. (b) Local authorities may by ordinance permit parking of vehicles with the left-hand wheel adjacent to and within 18 inches of the left hand curb of a one-way roadway. (c) Local authorities may be ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any Federal Aid or State highway unless the State Highway Board has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (d) The State Highway Board with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where such stopping, standing, or parking is dangerous to those using the highway, or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs. ARTICLE XIII. Miscellaneous Rules . Section 94. Limitations on backing . The driver of a

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vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic. Section 95. Riding on motorcycles . A person operating a motorcycle shall not ride other than upon the permanent and regular seat attached thereto or carry any other person, nor shall any other person ride upon such motorcycle other than upon such permanent and regular seat if designed for two persons or upon another seat firmly attached to the rear or side of the operator. Section 96. Obstruction to driver's view or driving mechanism . (a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. (b) No passenger in a vehicle or street car shall ride in such position as to interfere with the driver's or motorman's view ahead or to the rear or to the sides, or to interfere with his control over the driving mechanism of the vehicle or street car. Section 97. Driving on mountain highways . The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible. Section 98. Coasting prohibited . The driver of a commercial motor vehicle when travelling upon a down grade shall not coast with the gears of such vehicle in neutral or with the clutch disengaged. Section 99. Following fire apparatus prohibited . The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park

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such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. Section 100. Crossing fire hose . No street car or vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway, or street-car track, to be used at any fire or alarm of fire, without the consent of the fire department official in command. Section 101. Putting glass, etc., on highway prohibited . (a) No person shall throw or deposit upon any street or highway any glass bottle, glass, nails, tacks, wire, cans, rubbish, garbage, trash, or other dangerous or unsightly material which is likely to injure any person, animal, or vehicle upon such street or highway. (b) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. ARTICLE XIV. Equipment . Section 102. Scope and effect of regulations . (a) It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this article, or which is equipped in any manner in violation of this article, or for any person to do

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any act forbidden or fail to perform any act required under this article. (b) Nothing contained in this article shall be construed to prohibit the use of dditional parts and accessories on any vehicle not inconsistent with the provisions of this article. (c) The provisions of this article with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 103 display a red tail light and either a multiple beam or single beam road lighting equipment meeting the requirements of Sections 106 and 113 respectively. (d) In addition to the requirements of this Article XIV, the Georgia Public Service Commission, as to the motor vehicles within its jurisdiction, shall have the authority to promulgate rules designed to promote safety, and any such rules promulgated or deemed necessary by such Commission shall include the following: Every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights and brakes and equipment shall meet such safety requirements as to the Commission shall from time to time promulgate. Section 103. When lighted lamps are required . Every vehicle upon a highway within this State at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient visibility to render clearly discernible persons and vehhicles on the highway at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes, of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. Section 104. Visibility distance and mounted height of lamps . (a) Whenever requirement is hereinafter declared

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as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in Section 103 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated. (b) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. Section 105. Head lamps on motor vehicles . (a) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this article. (b) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this article. (c) Every head lamp, upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head lamp of not more than 54 inches nor less than 28 inches to be measured as set forth in Section 104(b). Section 106. Tail lamps . (a) Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.

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(b) Every tail lamp upon every vehicle shall be located at a height of not more than 60 inches nor less than 20 inches to be measured as set forth in Section 104(b). (c) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted. Section 107. New motor vehicles to be equipped with reflectors . (a) Every new motor vehicle hereafter sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two red reflectors, except that every motorcycle and every motor driven cycle shall carry at least one reflector, meeting the requirements of this section. (b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in Section 104b and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from the rear of such vehicle except that visibility from the greater distance is hereinafter required of reflectors on certain types of vehicles. Section 107A. Any motor vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any municipality or county thereof, shall be distinctly marked on each side and the back with the name of the agency responsible therefor, in letters not less than six (6) inches in height. Section 108. Stop lamps required on new motor vehicles . (a) From and after the date of approval of this Act it shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven

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cycle, in this State or for any person to drive such vehicle on the highways unless it is equipped with at least one stop lamp meeting the requirements of Section 112. (b) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this State and manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electrical turn signals meeting the requirements of Section 112. This paragraph shall not apply to any motorcycle or motor-driven cycle. Section 109. Lamp or flag on projecting load . Whenever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section 103 hereof, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. Section 110. Lamps on parked vehicles . (a) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway no lights need be displayed upon such parked vehicle. (b) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: At least one

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lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle. (c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. Section 111. Spot lamps and auxiliary lamps . (a) Any motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle. (b) Fog lamps . Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. (c) Auxiliary passing lamps . Any motor vehicle may be equipped with not to exceed one auxiliary passing lamp mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands and every such auxiliary passing lamp shall meet the requirements and limitations set forth in this article. (d) Auxiliary driving lamps . Any motor vehicle may

Page 608

be equipped with not to exceed one auxiliary driving lamp mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands and every such auxiliary driving lamp shall meet the requirements and limitations set forth in this article. Section 112. Signal lamps and signal devices . (a) Any motor vehicle may be equipped and when required under this Act shall be equipped with the following signal lamps or devices: 1. A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a tail lamp. 2. A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear. (b) Every stop lamp shall be plainly visible and understandable from a distance of 100 feet to the rear both during normal sunlight and at nighttime and every signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 100 feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light. (c) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Section 103. Section 113. Multiple-beam road-lighting equipment . Except as hereinafter provided, the head lamps, or the auxiliary driving lamps, or the auxiliary passing lamps, or combinations thereof, on motor vehicles other than a motorcycle or a motor-driven cycle, shall be so arranged

Page 609

that the driver may select at will between distributions of light projected to different elevations, subject to the following requirements and limitations: (a) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading. The maximum intensity of this uppermost distribution of light or composite beam shall not be more than 75,000 apparent candlepower. (b) There shall be a lowermost distribution of light, or composite beam, so aimed that: 1. When the vehicle is not loaded, none of the high intensity portion of the light which is directed to the left of the prolongation of the extreme left side of the vehicle shall, at a distance of 25 feet ahead, project higher than a level of 8 inches below the level of the center of the lamp from which it comes. 2. When the vehicle is not loaded, none of the highintensity portion of the light which is directed to the right of the prolongation of the extreme left side of the vehicle shall, at a distance of 25 feet ahead, project higher than a level of 3 inches below the level of the center of the lamp from which it comes. 3. In no event shall any of the high intensity of such lowermost distribution of light or composite beam project higher than a level of 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead. (c) Where one intermediate beam is provided, the beam on the left side of the road shall be in conformity with (b) (1) of this section except when arranged in accordance with the practice specified in (e). (d) All road-lighting beams shall be so aimed and of

Page 610

sufficient intensity to reveal a person or vehicle at a distance of at least 100 feet ahead. (e) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this State after January 1, 1954, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. Section 114. Use of multiple-beam road-lighting equipment . (a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 103, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (b) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver, and in no case shall the high intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of 25 feet ahead, and in no case higher than a level of 42 inches above the level upon which the vehicle stands at a distance of 75 feet ahead. The lowermost distribution of light specified in Section 113, Paragraph (b), Subparagraph 1, shall be deemed to avoid glare at all times, regardless of road contour and loading. (c) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall

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use a distribution of light permissible under this Act other than the uppermost distribution of light specified in paragraph (a) of Section 113. Section 115. Brakes . (a) Brake equipment required: 1. Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. 2. Every motorcycle, and motor-driven cycle, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot. 3. Every new motor vehicle, trailer, or semi-trailer hereafter sold in this State and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor-driven cycle, and except that any semi-trailer of less than 1,500 pounds gross weight need not be equipped with brakes. 4. One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any upgrade or downgrade upon which it is operated. 5. The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation. (b) Performance ability of brakes. Every motor vehicle or combination of motor-drawn vehicles shall be

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capable at all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified below or shall be capable of being decelerated at a sustained rate corresponding to these distances. Feet to stop from 20 miles per hour Deceleration in feet per second Vehicles or combinations of vehicles having brakes on all wheels 30 14 Vehicles or combinations of vehicles not having brakes on all wheels 40 10.7 (c) Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. Section 116. Horns and warning devices . (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a highway. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section. (c) It is permissible but not required that any commercial vehicle be equipped with a theft alarm signal device

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which is so arranged that it cannot be used by the driver as an ordinary warning signal. (d) Any authorized emergency vehicle may be equipped with a siren, whistle, o bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the Department, but such siren shall not be used except when such vehicle shall sound said siren when necessary to or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when necessary to warn pedestrians and other drivers of the approach thereof. Section 117. Mufflers, prevention of noise . (a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway, except that this section shall not apply to tractors. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. Section 118. Mirrors . Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle. Section 119. Windshields must be unobstructed and equipped with wipers . (a) No person shall drive any motor vehicle with any sign, poster, or other non-transparent material upon the front windshield, sidewings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.

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(b) The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture therefrom, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (c) Every windshield wiper upon a motor vehicle shall be maintained in good working order. Section 120. Restrictions as to tire equipment . (a) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least 1 inch thick above the edge of the flange of the entire periphery. (b) No person shall operate or move on any highway any motor vehicle, trailer, or semi-trailer having any metal tire in contact with the roadway. (c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other proturberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. (d) The State Highway Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks of farm tractors or other farm machinery, the operator of which upon a highway would otherwise be prohibited under this Act. Section 121. Safety glazing material in motor vehicles . (a) On and after January 1, 1954, no person shall sell any new motor vehicle as specified herein, nor

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shall any new motor vehicle as specified herein be registered thereafter unless such vehicle is equipped with safety glazing material of a type approved by the Director wherever glazing material is used in doors, windows, and windshields. The foregoig provisions shall apply to all passenger-type motor vehicles, including passenger busses and school busses, but in respect to trucks, including truck tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and windshields in the drivers' compartments of such vehicles. (b) The term safety glazing materials means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken. Section 122. Offenses by persons owning or controlling devices . It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law. ARTICLE XVI. Inspection of Vehicles. Section 123. Vehicles without required equipment or in unsafe condition . No person shall drive or move on any highway any motor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof unless the equipment upon any and every said vehicle is in good working order and adjustment as required in this Act and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway. Section 124. Inspections by officers of the Department .

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(a) The Director and members of the State Highway Patrol, may at any time require the driver of any vehicle to stop and submit such vehicle to any inspection and such test with reference thereto as may be appropriate. (b) In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy to the Department. Section 125. Owners and drivers to comply with inspection laws . No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the Director or an authorized officer or employee of the Department. Section 126. Director may order registration suspended . The Director may order the proper authorities to suspend the registration of any vehicle which he determines is in such unsafe condition as to constitute a menace to safety or which after notice and demand is not equipped as required in this Act or for which a required certificate has not been obtained. ARTICLE XVII. Effect of and Short Title of Act . Section 127. Uniformity of interpretation . This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those States which enact it. Section 128. Nothing in this Act shall prevent cities and towns from regulating, by proper ordinances, traffic within the limits of such cities and towns. Nothing herein shall prevent incorporporated cities and towns from requiring by ordinance that the owners of motor vehicles residing within the corporate limits of such cities and towns to register the numbers of State licenses with the

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clerk of council or other officer to be designated by such city or town, together with a brief description of such motor vehicle, and requiring the payment of a registration fee, and to provide a penalty for the violation of such ordinance; provided, however, that no municipality shall charge a license fee (as distinguished from a registration fee) addition to that charged by the State, except commercial vehicles. Section 129. Short title . This Act may be cited as the Uniform Act Regulating Traffic on Highways. Section 130. This bill may be published in pamphlet or extract form during 1954 if at the discretion of the Governor. Section 131. Constitutionality . If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Act. The legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional. Section 132. All laws or parts of laws in conflict herewith are hereby repealed. The following are declared to be specifically repealed hereby: (a) Section 2 and 3 of an Act approved August 15, 1921, entitled An Act to regulate the use of Motor Vehicles and Motorcycles upon the public streets and highways of this State; and to prescribe penalties for violation of the provisions of this Act (Ga. Laws 1921, pp. 255-260). (b) Sections 9, 11, 12, 13, 14, 19, 23 and 27 of an Act approved August 23, 1927, entitled: An Act to amend an Act known as the `Georgia Motor Vehicle Law,' approved November 30, 1915, and as amended by an Act approved August 20, 1918, and as amended by an Act approved August 16, 1919, and as amended by an Act approved August 15, 1921; to provide for a Commissioner

Page 618

of Vehicles, to define terms used; to provide for registration of motor vehicles, tractors, trailers, dealers, and manufacturers of motor vehicles and chauffeurs, and to provide fees for said registration; to describe number plates and provide for fastening them on certain vehicles; to provide for the regulation of lights and brakes to be used; to regulate the use of highways by vehicles registered in another State; to provide traffic regulations; to regulate the size, weight, and type of wheels of certain vehicles; to provide for regulation of motor vehicles by municipalities; to provide for the expense of registration and the disbursement of fees received; to prescribe duty and salary of registration clerk and salary for Commissioner of vehicles; to prohibit throwing certain things on the highways; to provide for the enforcement and penalties for violation of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. (Ga. Laws 1927, pp. 226-244). (c) An Act approved March 24, 1933, entitled: An Act to prohibit the driving of motor vehicles by school buses upon or over the roads or highways of the State of Georgia and on or upon any streets in the incorporated towns and cities of this State, while said school buses are stopped and engaged in taking on and discharging school children therefrom, and to provide for the identification of all school buses; and for other purposes. (Ga. Laws 1933, pp. 201-202). (d) An Act approved March 19, 1935, entitled: An Act to amend section 68-302, Chapter 68-2, title 68 (Motor Vehicles) of the Code of Georgia of 1933, by striking the last proviso of said section, and inserting in lieu thereof a provision requiring all horse or mule drawn vehicles or other vehicles propelled by muscular power using the public roads and highways of this State at night to be equipped with lights or reflectors; and for other purposes. (Ga. Laws 1935, pp. 152-154). (e) An Act approved March 28, 1935, entitled: An Act to regulate parking motor vehicles and other vehicles on the State-aid roads; to prescribe penalties for violations

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of this Act; and for other purposes. (Ga. Laws 1935, pp. 443-444). (f) An Act approved March 24, 1939, 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 the 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. (Ga. Laws 1939, pp. 295-303). (g) An Act approved March 9, 1945, entitled: An Act to provide for the payment of fees to the coroners for making the investigation and filing the report required of them in case of fatal accidents on the highways of the State under Section 6 (d) of an Act approved March 24, 1939, by providing that they shall receive the same therefor as they do for holding inquests and for other purposes. (Ga. Laws 1945, pp. 481-482). (h) An Act approved February 27, 1947, entitled: An Act to amend Code Section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate any motor vehicle or motorcycle upon any private way, private street, or on any private property while intoxicated, or by any person under 16 years of age. (Ga. Laws 1947, pp. 230-231). (i) An Act approved March 28, 1947, entitled: An Act to amend An Act approved March 28, 1935, entitled:

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`An Act to regulate parking motor vehicles and for other vehicles on the State-aid roads, etc.,' so as to provide that it shall not apply to certain traffic stops and to certain stops made by passenger vehicles; and for other purposes. (Ga. Laws 1947, pp. 1505-1506). (j) An Act approved February 17, 1950, entitled: An Act to amend an Act entitled an Act to define reckless driving, and to prohibit the same, etc., approved March 24, 1939 (Ga. Laws 1939, No. 244, p. 295), so as to prohibit the transportation of school children in any school bus found to be unsafe by a member of the Georgia State Patrol or the Director of Public Safety until such school bus has been repaired and made safe for such transportation. To provide that school bus drivers shall haxe examination before they shall be able to drive a school bus. (Ga. Laws 1950, pp. 418-419). (k) An Act approved February 17, 1950, entitled: An Act to prohibit the use of a certain walking cane which is white or white tipped with red, except by blind persons, to provide protection against accidents to such persons; to provide penalties for the violation of this Act; to repeal all conflicting laws; and for other purposes. (Ga. Laws 1950, pp. 423-424). (I) An Act approved February 15, 1952, entitled: An Act to amend an Act approved March 24, 1933 (Ga. Laws 1933, p. 201), entitled `An Act to prohibit the driving of motor vehicles and school buses upon or over the roads or highways of the State of Georgia and on or upon any streets in the incorporated towns and cities of this State, while said school buses are stopped and engaged in taking on and discharging school children therefrom, and to provide for the identification of all school buses; and for other purposes;' by striking the word `used' in Section 2 of said Act and by substituting in lieu thereof the words `while engaged exclusively,' and by further amending Section 2 of said Act by adding the following proviso at the end thereof: `provided, nevertheless, that this section shall not apply to any conveyance of a common

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carrier but does apply to private contracts carriers; and for other purposes, (Ga. Laws 1952, pp. 267-268). (m) An Act approved February 15, 1952, entitled: An Act to amend Code Section 68-303 of the Code of Georgia by amending Subsection (f) thereof by adding a new method of signalling a turn of a motor vehicle by the driver thereof; and for other purposes. (Ga. Laws 1952, pp. 309-310). (n) It is also intended hereby to repeal Chapter 68-3 of the Code of Georgia of 1935, as amended, in its entirety and Section 68-9917, 68-9919, 68-9920, and 68-9924 of said Code. This law, however, shall not be construed as a comprehensive enactment or reenactment of all of the laws of Georgia touching the operation and regulation of motor vehicles on streets and highways. It is declared as the legislative intent of this Act that among the laws of Georgia not repealed or affected hereby in addition to such others as are hereinabove mentioned are those providing for: (a) Seizure and condemnation of vehicles transporting contraband. (b) Administration of the State Department of Revenue, the Department of Public Safety or the Public Service Commission. (c) Licenses for motor vehicle operators, including chauffeurs. (d) Registration of motor vehicles. (e) Reciprocal contracts between the State of Georgia and other States touching the operation of motor vehicles. (f) Reports to the State Department of Revenue or the Public Service Commission.

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(g) Weight and size limits on trucks and other motor vehicles. (h) Alteration of railroad tracks to accommodate motor vehicles. (i) Regulation of motor contract carriers. (j) Regulation of motor common carriers. (k) Regulation of motor vehicles for hire. (l) Regulation of trailer couplings. (m) Rules of evidence, prima facie presumptions and other matters relating to civil liability and to civil procedure. (n) Suits against nonresident users of the highways of Georgia. (o) Regulation of the sale of used motor vehicles by nonresidents. (p) Transportation of specific goods and items, though not necessarily contraband, including but not limited to liquor, fertilizer, dead bodies, flammable materials, motor fuel, tobacco products, and goods, wares and merchandise. This list is illustrative only. (q) Registration of motor vehicles and trailers, including rolling stores, and the issuance of licenses, fees therefor, and the regulations enacted in connection therewith. (r) Creation and duties of the Department of Public Safety and its constituent parts. (s) Issuance of motor vehicle drivers' licenses, classification thereof, issuance of learners' permits and regulations enacted with respect thereto.

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(t) Trial of offenses relating to traffic on the public roads. (u) Motor vehicle safety responsibility, except to the extent that accident reporting provisions are modified herein. (v) The duty and responsibilities of railroads at grade crossings. (w) The collection of fees from owners or operators of motor vehicles and the disposition thereof. (x) Rule making and regulatory powers of the Public Service Commission, provided that no rule or regulation may be less stringent than those herein provided. (y) Penalties and punishment for violation of any of the laws not affected or repealed hereby, including those specifically herein named. (z) What is commonly called the family car doctrine, rules relative to negligence per se, and other doctrines established as bench law in this State though there be no express enactment thereon. Section 133. Time of taking effect . This Act shall take effect from and after 60 days after approval of same by the Governor. Approved January 11, 1954.

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POLICEMEN PROHIBITED FROM MEMBERSHIP IN LABOR UNION. No. 857 (Senate Bill No. 224). An Act to prohibit policemen in the employ of any city or county or the State of Georgia from joining or belonging to a labor union, to declare that it is against the public policy of the State for peace officers to belong to a labor union, to provide penalties for the violation of this Act, to repeal all conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows: 1. It is hereby declared to be the public policy of the State of Georgia that peace officers who may be called in time of labor strikes to protect lives and property and to preserve the peace should be fair and impartial as between both employers and employees. Declaration of policy. 2. That to insure an impartial police force in the State of Georgia no person employed by any city or county within the State of Georgia or by the State of Georgia as a policeman shall join or belong to any labor union. Membership in labor union forbidden. 3. Any person violating the terms of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in the Code of Georgia as provided for the punishment of persons convicted of misdemeanors. Violation. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict of the same be and the same are hereby repealed. Approved January 11, 1954.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1953 NOVEMBERDECEMBER SESSION COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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PRESS OF LONGING PORTER, INC. HAPEVILLE GA.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1953 NOVEMBERDECEMBER SESSION LOGANVILLE CHARTER AMENDED. No. 496 (House Bill No. 642). An Act to amend an Act incorporating the Town (now City) of Loganville, approved August 24, 1905, (Ga. Laws 1905, pp. 936 through 954), as amended, particularly as amended by an Act approved August 9, 1909, (Ga. Laws 1909, pp. 1021 through 1024), so as to provide for permanent registration of voters; to change the qualifications of the voters; to make certain changes in the procedure for the registration of voters; 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 incorporating the Town (now City) of Loganville, approved August 24, 1905, (Ga. Laws 1905, pp. 936 through 954), as amended, particularly as amended by an Act approved August 9, 1909, (Ga. Laws 1909, pp. 1021 through 1024), is hereby amended by striking Section 6, relating to the qualifications of voters, and inserting in lieu thereof a new Section 6 to read as follows: Sec. 6, Act of 1909, amended. Section 6. All persons eighteen years of age or over who have resided in the State of Georgia twelve months, in the County of Walton or in the County of Gwinnett, either or both, six months, (the City of Loganville being located in both Walton County and Gwinnett County), and in the City of Loganville three months, who are qualified to vote for members of the General Assembly, and who are registered as required by the laws of said city, shall be entitled to vote in all elections held in and for said City of Loganville. Eligible voters. Section 2. Said Act as amended is further amended by striking Section 7, relating to the registration and oath of voters, and inserting in lieu thereof a new Section 7 to read as follows: Sec. 7 amended. Section 7. The clerk of the city council shall keep a book in which the voters of said city shall register their names and ages, or if the person who desires to register cannot write, the clerk shall sign his name for him in said book. All persons registering shall take and subscribe to the following oath: `I do solemnly swear that I am eighteen years old, or will be at the time of the election next to be held in and for the City of Loganville; I have resided in the State of Georgia twelve months, or will have resided in said State twelve months by the time fixed for said election; I have resided in the County of Walton or in the County of Gwinnett, either or both, six months, or will have resided in said county or counties six months by the time fixed for said election; I have resided in the City of Loganville three months, or will have resided in said city three months by the

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time fixed for said election; and I am in all respects qualified to vote in said election.' Registration. If the clerk of council be sick, absent, or otherwise prevented from performing his duties, the mayor may appoint some person to perform the duties of the clerk provided in this section. Section 3. Said Act as amended is further amended by striking Section 8, relating to the registration of voters, and inserting in lieu thereof a new Section 8 to read as follows: Sec. 8 amended. Section 8. Any person having once registered as herein provided shall not again be required to register unless such person becomes disqualified to vote. If such person does become disqualified to vote and subsequently becomes qualified to vote, such person shall be required to register as herein provided. The clerk of council shall open the registration book for the permanent registration of voters, and keep the same open at all times during the hours that the office of the city clerk is open for the transaction of business, except as herein provided, at which time the voters of said city may register as is now provided; that said registration book shall be closed ten days before any election in said city, whether general, special, primary, or other, and when said registration book is so closed, no person shall be allowed to register during such ten day period. The clerk shall thereupon file a list of the persons appearing on the permanent registration book with the registrars of said city and shall certify in writing that the same is a true and correct list of all the voters appearing on the permanent registration book, and that he has not allowed anyone to register who was not in his opinion entitled to register and to vote under the laws of said city. After any such election is held, the registration book shall again be opened and shall remain open for the permanent registration of voters as herein provided. Registration. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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State of Georgia. Walton County. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Ernest Camp, who having been first duly sworn on oath, deposes and says that he is editor and publisher of The Walton Tribune, a newspaper in which are published the sheriff's advertisements for Walton County, Georgia; that the notice of intention to apply for passage of local bill, copy of which is attached below this certificate, was published in The Walton Tribune in the issues of February 4, 1953, February 11, 1953, and February 18, 1953. /s/ Ernest Camp Ernest Camp Sworn to and subscribed before me this 18th day of February, 1953. /s/ E. C. Irvine Notary Public, Walton County, Georgia. Notarial Seal Affixed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that a bill will be introduced in the General Assembly of Georgia to provide for the permanent registration of voters in City of Loganville and to amend the charter of City of Loganville for such purpose. This January 31, 1953. State of Georgia. Walton County. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, P. M. Christian, who having been first duly sworn on oath, deposes and says that he is the editor of

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The News-Herald, a newspaper in which are published the sheriff's advertisements for Gwinnett County, Georgia; that the notice of intention to apply for passage of local bill, a copy of which is attached below this certificate, was published in The News-Herald in the issues of February 5, 1953, February 12, 1953, and February 19, 1953. /s/ P. M. Christian Sworn to and subscribed before me this 20 day of February, 1953. /s/ William L. Preston Notary Public, Walton County, Georgia. Notarial Seal Affixed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that a bill will be introduced in the General Assembly of Georgia to provide for the permanent registration of voters in City of Loganville and to amend the charter of City of Loganville for such purpose. This January 31, 1953. Approved November 24, 1953. GRIFFIN-SPALDING COUNTY SCHOOL SYSTEM. No. 497 (House Bill No. 710). An Act to amend an Act creating the Griffin-Spalding School System, approved February 25, 1953 (Ga. Laws 1953, January-February Session, p. 2563), so as to provide the initial election of a board of education for said system; to provide the procedure connected therewith; 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 creating the Griffin-Spalding School System, approved February 25, 1953 (Ga. Laws 1953, January-February Session, p. 2563), is hereby amended by striking from Section 6 the words on the first Tuesday after the first Monday in November, 1953 and inserting in lieu thereof the following: on December 17, 1953, so that when so amended Section 6 shall read as follows: Sec. 6 Act of 1953, amended. 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 December 17, 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. Elections. Section 2. Said Act is further amended by adding a new section, to be numbered Section 6A, which shall read as follows: Sec. 6A added. Section 6A. Any other provisions of this Act to the contrary notwithstanding, candidates from the various districts for the initial election may file notice of candidacy on or before December 8, 1953. In the event that at the end of said date 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 city districts, may qualify for election as a candidate from that district or districts for which no notice of candidacy has

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been filed, if such qualification is made on or before December 10, 1953. No one may qualify after such date. Candidates. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal9063. Notice of Proposed Legislation. Notice is hereby given that at the November, 1953, term of the Georgia legislature, a bill will be introduced to amend an Act of the Georgia legislature, which provided for the creation of the Griffin-Spalding County School System and the election of a board of education for said system (Georgia Laws 1953, January-February Session, pp. 2563 through 2575), which said bill shall provide for the first or initial election of a Board of Education for the Griffin-Spalding County School System, shall provide for the method of calling said election, shall provide for the term of office of said board members, shall provide for the manner of filling vacancies on said board, and for other purposes. E. G. Harper Arthur K. Bolton Members of the House of Representatives, Georgia General Assembly, Spalding County, Georgia. Georgia, Spalding County: Personally appeared before me O. Q. Melton, Sr., affiant, who after being duly sworn deposes and says on oath that he is the publisher of the Griffin News, the official newspaper in which the sheriff's advertisements are published in and for said county, and that the foregoing notice of local legislation was published in the Griffin News on October 31, 1953, November 4, 1953, and November 11, 1953. /s/ O. Q. Melton, Sr. Affiant

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Sworn and subscribed to before me this November 16, 1953. /s/ Cary Reeves Notary Public, Spalding County, Georgia. Notarial Seal Affixed. Approved November 30, 1953. ATHENS CHARTER AMENDED. No. 498 (House Bill No. 772). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to provide that in all primary and general elections conducted by or for the Mayor and Council of the City of Athens the polls shall be opened at seven o'clock in the forenoon and closed at six o'clock in the afternoon. Be it enacted by the General Assembly of Georgia and by authority of the same it is hereby enacted as follows: Section 1. In all primary and general elections hereafter conducted by or for the Mayor and Council of the City of Athens the polls shall be opened at seven o'clock in the forenoon and closed at six o'clock in the afternoon. Election hours. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned, in response to a request by the Mayor and Council of the City of Athens, intend to apply to the General Assembly of Georgia at the November 1953, adjourned session

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thereof for an amendment to the charter of the Mayor and Council of the City of Athens providing that in all primary and general elections conducted by or for the Mayor and Council of the City of Athens the polls shall be opened at 7:00 o'clock in the forenoon and closed at 6:00 o'clock in the afternoon. This October 28, 1953. Chappelle Matthews Robert G. Stephens, Jr. Representatives from Clarke County in the General Assembly of Georgia. o13-n6-13 Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation affecting the Mayor and Council of the City of Athens was published in the Athens Banner-Herald on October 30, 1953, November 6, 1953, and November 13, 1953. /s/ E. B. Braswell Certified, sworn to and subscribed before me this 14th day of November, 1953. James Barrow Notary PublicClarke Co., Ga. Notarial Seal Affixed. Approved November 30, 1953.

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BARNESVILLESTREET CLOSING CONFIRMED. No. 499 (House Bill No. 712). An Act to ratify and confirm the action of the Mayor and Council of the City of Barnesville, in closing all of that part of Whitehall Street, in the City of Barnesville, which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, and the opening of a new street running east and west 25 feet wide, the north side of which new street begins at a point on said Whitehall Street which is 395 feet north of the center line of Carleeta Street, and which new street extends from said Whitehall Street in an easterly direction to Rogers Avenue with an equal width of 25 feet; and further, to close all that portion of Whitehall Street in the City of Barnesville which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, so that Whitehall Street shall terminate and end at a point 395 feet north of Carleeta Street; and for other purposes. Section 1. Whereas the Mayor and Council of the City of Barnesville did on July 20, 1953, close all that part of Whitehall Street in the City of Barnesville, which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, and open a new street running east and west 25 feet wide. Now, therefore, it is hereby enacted by the General Assembly of Georgia that the said closing of said part of Whitehall Street and the said opening of said new street are hereby ratified and confirmed. Section 2. It is hereby further enacted by the General Assembly of Georgia that all that portion of Whitehall Street in the City of Barnesville which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, is hereby

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closed, so that Whitehall Street does terminate and end at a point 395 feet north of Carleeta Street. Section 3. 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 and certifies 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 October 22, 1953, October 29, 1953, and November 5, 1953. /s/ William W. Dennis Sworn to and subscribed before me this 12th day of November, 1953. /s/ Harvey J. Kennedy, Jr. Notary Public, Lamar County, Ga. (Seal) Notice of Intention to Apply for Local Legislation. Georgia: Lamar County: Notice is hereby given that it is intended to apply for the passage of local legislation at the next session of the General Assembly of Georgia which sits in November, 1953, the same being an Act to ratify and confirm the action of the Mayor and Council of the City of Barnesville, in closing all of that part of Whitehall Street, in the City of Barnesville, which lies north of a point on said Whitehall Street, which point is 395 feet north of

Page 2014

the center line of Carleeta Street, and the opening of a new street running east and west 25 feet wide, the north side of which new street begins at a point on said Whitehall Street which is 395 feet north of the center line of Carleeta Street, and which new street extends from said Whitehall Street in an easterly direction to Rogers Avenue with an equal width of 25 feet; and further, to close all that portion of Whitehall Street in the City of Barnesville which lies north of a point on said Whitehall Street, which point is 395 feet north of the center line of Carleeta Street, so that Whitehall Street shall terminate and end at a point 395 feet north of Carleeta Street; and for other purposes. This 19th day of October, 1953. L. G. Lifsey, Representative of Lamar County, Georgia. Joe B. Adams, Senator of 22nd District. Approved December 1, 1953. ASHBURN CHARTER AMENDED. No. 500 (House Bill No. 728). An Act to amend an Act creating a new charter for the City of Ashburn, Georgia, approved August 26, 1906 (Ga. Laws 1906, p. 509), as amended so as to change the qualifications of voters in the city elections; to provide for a voter's book in which qualified voters may be permanently registered; to change the hour of closing the polls at city elections; 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

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of Ashburn, Georgia approved August 26, 1906 (Ga. Laws 1906, p. 509), as amended, is hereby amended by deleting entirely the word male from Section Ten of said charter, and substituting the word eighteen for the word twenty-one in Section Ten of said charter, so that said section when amended shall read as follows: Sec. 10, Act of 1906, amended. Sec. 10. Be it further enacted by the authority aforesaid, that every citizen of the City of Ashburn, incorporated under this Act, eighteen years of age, who shall have resided in this State one year next preceding the election, and six months in the County of Turner, and three months within the corporate limits of the City of Ashburn, next preceding the election, and who is a legally registered voter under the laws of said city, and who shall have paid all taxes which may have been required of him by said city and which may have had an opportunity to pay agreeably to law, and the payment of all fines, licenses and business taxes required of him by said city, shall be qualified to vote at any election held in the City of Ashburn for any purpose whatever. Qualified voters. Section 2. Said Act is further amended by substituting the word six for the word three in line sixteen of Section Eleven of said Act, so that said section when amended shall read as follows; to wit: Sec. 11 amended. Section 11. Be it further enacted by the authority aforesaid, that all the elections under the provisions of this charter, and all elections in which any subject, if submitted to the qualified voters of the City of Ashburn, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, all of whom reside in the City of Ashburn, and each of said managers, before entering upon his duties shall take and subscribe before some competent officer, or before one of their number, the following oath; We, and each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, to the best of our skill and power so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held

Page 2016

at the city hall or council chamber in said city, and shall be by ballot. The polls shall open at seven o'clock A. M. and close at six P. M. Persons receiving the highest number of votes cast for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be chosen by the city council, who shall provide for the pay of managers and their clerks; provided, however, that if the managers as chosen fail to act, then the mayor, or mayor pro tem., shall appoint other managers. So far as possible all the provisions of this charter on the subject of elections shall apply to primary elections held in said city. Elections. Section 3. Said Act is further amended by striking Section Thirteen from said charter in its entirety and substituting in lieu thereof the following section, to wit: Section 13. Be it further enacted by the authority aforesaid, that in case the managers of any election shall have any reasonable doubt as to the qualifications of any voter, or should any voter be challenged, they shall administer to said voter the following oath: You do swear (or affirm) that you are eighteen years of age or will be before the next city election; that you are a citizen of the United States; that you have resided in this State for twelve months, last past, and in this city for the past three months, and that you have paid all legal taxes and assessments required of you by the authorities of said city; so help you God. Challenges. Section 4. Said Act is further amended by striking Section Fifteen in its entirety from said Act, and substituting in lieu thereof, a new section to read as follows, to wit: Section 15. Be it further enacted by the authority aforesaid that the city clerk, or if the clerk of the city council shall be sick or absent, then some person appointed by the city council, shall open at the clerk's office, or at the council chamber, or at such other place

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as may be designed by the city council for that purpose, on the first Monday in January, in each year, a permanent voters' book, for the voters of said city, which book shall be kept open every day, except Sunday, during business hours from that day until the tenth day before the regular election day, enclusive, when said book shall be finally closed; and it shall be the duty of the clerk, or other person in charge, upon application of any person entitled to vote, which application shall be made in person and not by proxy, to register the name of such person, with the street on which he lives, and his occupation; and such person, before registering his name, shall in each case subscribe before the clerk, or such other person in charge of said registration book, the following oath, said clerk or other person being hereby authorized to administer said oath, to wit: You do swear (or affirm) that you are eighteen years of age, or will be before the next city election; that you are a citizen of the United States; that you have resided in this State for twelve months, last past, and in this city for the past three months, and that you have paid all legal taxes and assessments required of you by the authorities of said city; so help you God, and the said city clerk or other person in charge, shall furnish the managers of said election with a list of the qualified voters made out in alphabetical order, as soon as the polls are opened, and failing to comply with any of the provisions of this Act, he shall be punished as the council may prescribe. All persons who have qualified and have signed the permanent voters' book shall not thereafter be required to register or further qualify. No person shall remain a qualified voter longer than he shall retain the qualifications under which he registered. Registration. Section 5. That all laws and parts of law in conflict with this Act are hereby repealed. Notice of Local Legislation. There will be introduced at and in the second session of the 1953 meeting of the General Assembly of the State of Georgia, a bill to amend the official charter of

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the City of Ashburn as granted by the Act of the Georgia State legislature on August 26th, 1906, and denominated City of Ashburn, New Charter, said bill to amend said charter in the following particulars, to wit: To change the qualifications of voters in the city elections, so that in order to be qualified, a voter need no longer be twenty-one years of age and male, but must be an eighteen year old citizen, and otherwise qualified; to require that a voters' book be placed in the city hall in which qualified voters may be registered and remain permanently registered so long as they retain the qualifications under which they registered, in lieu of old practice in which qualified voters had to re-register before each city election; to change the hour of closing the polls at City elections from three o'clock P. M. to six o'clock P. M. 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 to amend the official charter of the City of Ashburn, 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 published and dated October 15th, 22nd, and 29th, 1953, respectively. /s/ Mrs. Nora Lawrence Smith

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Sworn to and subscribed before me, this the 30th day of October, 1953. /s/ John R. Rogers Notary Public, Georgia, State at Large. My com. expires Mar. 21, 1954. (Seal) Approved December 2, 1953. SAVANNAHCHARTER AMENDED. No. 501 (House Bill No. 170). An Act to amend the several Acts relating to and incorporating The Mayor and Aldermen of the City of Savannah, amendatory thereof and supplementary thereto, to provide for a council-manager form of government for said city; to provide for such form of government made up of a council, composed of a mayor and aldermen whose number and salary shall be changed, and of a city manager; to delineate the rights, powers, duties and limitations of said government and of its respective officers, department heads, employees and functionaries; to amend or repeal resolutions and ordinances of said city and Acts of the General Assembly in conflict with, or inconsistent with, this Act; and for other purposes. Whereas under the Act of the General Assembly of the State of Georgia approved February 21, 1951 (Acts 1951, p. 3002), a referendum to the voters of the City of Savannah was held on March 28, 1951, to vote for or against a council-manager form of government for the City of Savannah and at said referendum election a majority of qualified voters voting in said election voted for said council-manager form of government: Now, therefore, in order, pursuant to said election, to

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change the form of government, and to implement the said council-manager form of government for said city; Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. The corporate existence and jurisdiction of The Mayor and Aldermen of the City of Savannah, and all corporate rights, powers and privileges, and all duties, obligations and liabilities are hereby preserved unto The Mayor and Aldermen of the City of Savannah, except as expressly or by necessary implication altered or amended by this Act; and all ordinances and resolutions of The Mayor and Aldermen of the City of Savannah now of force shall not be affected or changed by this Act, except in so far as they may be inconsistent with this Act or may be expressly or by necessary implication, repealed or altered by this Act. Section 2. The mayor and the 12 aldermen who were elected at the election held January 13, 1953, shall continue in office during the balance of the term for which they were elected. On the second Tuesday in January, 1955, when a mayor and board of aldermen for the city will again be elected, only the mayor and six aldermen shall be elected, and the board of aldermen shall then and thereafter consist of six aldermen. Board of Aldermen. Section 3. The mayor shall preside at all meetings of the mayor and aldermen and perform all other duties of the office of mayor, except such as may be altered or changed by this Act, expressly or by necessary implication; he shall have a voice and vote in all meetings of the mayor and aldermen. In times of danger or emergency, the mayor may, with the consent of the mayor and aldermen, take command of the police and govern the city by proclamation and maintain order and enforce laws. The mayor shall be recognized as the official head of the city. Mayor. Section 4. The mayor and aldermen shall, within 30

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days after this Act becomes effective, appoint a city manager to serve subject to the pleasure of the mayor and aldermen and shall fix the salary of the city manager. The title of the city manager shall be City Manager of the City of Savannah; The city manager shall be chosen on the basis of his character and of his executive and administrative qualifications, with special reference to his actual training and experience in, and his knowledge of, accepted practices of his duties as hereinafter set forth. At the time of his appointment the city manager need not be a resident of the City of Savannah or the State of Georgia, but during his tenure he shall reside within the city. Neither the mayor nor any alderman, nor any officer or employee of the city, except an assistant manager, shall receive such appointment during the term for which he shall have been elected or appointed nor within two years after the expiration thereof. If, however, the mayor and aldermen should not be able to secure a city manager to serve at their pleasure, they are authorized to make a contract with the city manager on such terms as may be mutually agreed upon, the term of the contract not to extend beyond the term of the mayor and aldermen. City manager. Section 5. Pending the appointment of the first city manager or if there should at any time thereafter be a vacancy in the office of city manager the mayor and aldermen may appoint an acting city manager (who need not have all the qualifications prescribed for the city manager in Section 4), for a period not longer than three (3) months, and fix the salary of such acting city manager. The acting city manager shall exercise all functions of the city manager. Acting city manager. Section 6. If on account of the temporary absence or disability of the city manager it should be necessary in the judgment of the mayor and aldermen to designate some person to serve as acting city manager during the temporary absence or disability of the city manager, the mayor and aldermen may appoint a temporary city manager, and fix his compensation. Temporary city manager.

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Section 7. The city manager shall have jurisdiction over, and power to appoint to serve during his pleasure, to remove when he deems it for the good of the city, and to fix the compensation of, the following officers, heads of departments, and functionaries of the city: 1. Chief of police. 2. Chief of detectives. 3. Chief of fire department. 4. Comptroller. 5. Internal auditor. City officers and employees. 6. Paymaster. 7. Treasurer. 8. Director of public works. 9. Supt. of water works. 10. Supervisor of purchases. 11. Director of building and engineering. 12. City engineer. 13. Health officer. 14. Consulting health officer. 15. City physician. 16. Supervisor of public health nurses. 17. Public health nurses. 18. Chief of clinic. 19. Chief of sanitary inspectors. 20. City bacteriologist. 21. City laboratory employees. 22. Food inspector. 23. Keeper of city dispensary. 24. City printer. 25. Harbor master. 26. Vendue masters. 27. Port wardens. 28. Clerk of city market. 29. City electrician. 30. Electric inspectors. 31. Building inspectors. 32. All other inspectors. 33. Keeper of powder magazine. 34. City marshal. 35. Custodian of the city hall.

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The city manager shall have exclusive power to determine and prescribe their qualifications and their duties, which need nor conform to ordinances now existing. However, unless and until changed or modified by directive of the city manager, their duties shall continue to be as now prescribed by the ordinances of the city, except as they may be changed expressly or by implication under the provisions of this Act. The city manager shall exercise exclusive supervision and control over the departments, functions and operations in which they are engaged. In the event of the absence, illness, or incapacity for any reason of any of them, the city manager may appoint an acting temporary substitute. Section 8. The officers and heads of departments and functionaries specified in Section 7 shall appoint their subordinates and assistants and clerks, and shall fix their salaries, all subject to the approval of the city manager; subject, however, to all the provisions of the Act of the General Assembly approved February 14, 1949 (Acts 1949, p. 548 et seq.) and any amendments thereof, which Act sets up for the City of Savannah a civil service system. Section 9. In addition to those elsewhere in this Act provided, the following powers are hereby conferred on the city manager and the following duties are required of him: (1) He shall be the chief executive officer and head of the administrative branch of the city government; Manager's powers and duties. (2) He shall be responsible to the mayor and aldermen for the proper administration of the affairs committed to his charge; (3) He shall devote all of his working time to his duties as city manager; (4) He shall have the right to request the counsel, advice or opinion of the city attorney and assistant city

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attorneys concerning any matter affecting the interest of the city; and it shall be their duty to respond to such request to the best of their abilities; (5) He shall have the power, subject to the approval of the mayor and aldermen, to change, consolidate or abolish any of the offices, departments or functions over which he exercises supervision and control, and create in lieu thereof such other offices, departments and functions as he may deem best, which offices, departments and functions, when so created, shall be under his supervision and control as fully as if specified in Section 7 of this Act. (6) No claims against or in favor of the city shall be paid or collected without prior approval of the city manager. (7) All bonds required of the officers and employees shall be subject to the approval of the city manager. (8) He shall attend all meetings, stated and special, of council with the right to take part in the discussions, but not to vote; (9) He shall have the right to recommend to council for its adoption such measures as he may deem necessary or expedient; (10) He shall see that all terms and conditions in favor of the city or its inhabitants in contracts with public utilities and others are faithfully kept and performed. (11) He shall prepare the budget of the city annually, and submit it to the mayor and aldermen, and be responsible for its administration after its adoption by the mayor and aldermen; (12) He shall prepare and submit to the mayor and aldermen, within ninety (90) days after the end of each fiscal year, a complete annual report on the finances

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and administrative activities of the city for the preceding year; and make such other financial reports from time to time as may be required by the mayor and aldermen or by the charter of the city; (13) He shall have the power to investigate the affairs, records, accounts and expenditures of the various commissions created either by ordinances of the Mayor and Aldermen of the City of Savannah or by Acts of the legislature of Georgia relating to the affairs of the City of Savannah, and to report thereon at least once a year to the Mayor and Aldermen of the City of Savannah such matters in reference thereto as he deems advisable. All materials and supplies of such commissions shall be purchased through the board of purchase; (14) He shall keep the mayor and aldermen advised of the financial condition of the city and make such recommendations as may seem to him desirable. (15) He shall perform such other duties as may be required of him by the mayor and aldermen; (16) The city manager may appoint such officers of the city as he may select to assist him in the preparation of the annual budget, and financial and other reports; (17) He shall have the power to appoint and discharge his own assistants and clerical staff and fix their salaries, the latter subject to the approval of the mayor and aldermen. The assistants and clerical staff of the city manager shall belong to the unclassfied service under the civil service act of the city; The mayor and aldermen shall assign the city manager adequate quarters. Sections 3 and 4 of the Act of the General Assembly approved February 5, 1943 (Act 1943, p. 1574) which creates a budget commission and prescribes its duties, is hereby repealed.

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Section 10. (1) The purchase of all materials and supplies for the City of Savannah and any department thereof, regardless of quantity, cost or character, shall be made entirely through the board of purchase; provided that before said board of purchase shall purchase any materials and supplies for said city of the value or cost of $1,000 and over, a resolution shall first be passed by council, authorizing and empowering said board of purchase to advertise, in the manner therein prescribed, for bids for such supplies and to make such purchase or purchases after receipt of bid. Purchases. (2) The board of purchase shall consist of the city manager, who shall be chairman of the board, the chairman of the finance committee of the mayor and aldermen, and the comptroller of the city. Two members of the board shall constitute a quorum, provided that one of them shall be the city manager. Section 11. The city manager is hereby authorized and empowered to make and execute contracts within the scope of his duties as defined by this Act (except for materials, supplies and equipment, the purchase of which is dealt with in Section 10 of this Act); provided, however, that any such contract, other than a contract of employment made by the city manager, must be approved by the mayor and aldermen when the consideration is in excess of $500.00. Contracts. Section 12. All reports now required to be made or submitted to the mayor, or to the mayor and aldermen, under existing ordinances, shall hereafter be made to the city manager, and a copy thereof submitted to the mayor and aldermen. Reports. Section 13. The salary of the mayor shall be fixed by the mayor and aldermen, but shall not be less than $5,000 per annum. Salaries. The salary of each alderman shall be $100 per month.

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The following Acts and parts of Acts of the General Assembly are hereby repealed: (1) Section 5 of the Act approved February 5, 1943, (Acts 1943, p. 1573), which authorizes the mayor and aldermen to fix a salary for the chairman of the police committee of council; (2) Section 1 of the Act approved February 8, 1945, (Acts 1945, p. 578) which provides a fee for aldermen for attending meetings of council; Acts repealed. (3) Section 5 of the Act of February 19, 1951, (Acts 1951, p. 2537), which gives authority to pay salaries of $150 to the chairman of the police and to the chairman of the finance committee of council. Section 14. Neither the mayor nor any aldermen shall direct the appointment of any person to, or his removal from, office or employment by the city manager or by any of his subordinantes, or in any manner take part in the appointment or removal of officers or employees subject to appointment by the city manager or any of his subordinates as set forth in Section 7. The mayor and aldermen shall deal solely through the city manager with the administrative services, and the departments and functions committed to him by this Act; and no orders shall be given by the mayor or any aldermen to any subordinates of the city manager either publicly or privately, directly or indirectly. Appointment and removal, officers and employees. Section 15. If any portion of this Act shall be held invalid by a court of competent jurisdiction, such portion is hereby declared to be severable from the other portions of this Act, and such other portions shall remain of full force and effect. Section 16. This Act shall become effective sixty (60) days after its approval. Section 17. All laws and parts of laws and all resolutions and ordinances of The Mayor and Aldermen of the

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City of Savannah, in conflict or inconsistent with this Act are hereby repealed. Section 18. 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. 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 Dec. 13-20-27, 1952. /s/ Herman Exley Sworn to and subscribed before me this 19th day of January 1953. /s/ Flournoy J. Mulling Notary Public, Chatham County, Ga. (Seal) 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

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entitled, An Act to amend the several Acts relating to and incorporating The Mayor and Aldermen of the City of Savannah, amendatory thereof and supplementary thereto, to provide for council-manager form of government for said city; to provide for such form of government made up of a council, composed of a mayor and aldermen whose number and salary shall be changed, and of a city manager; to delineate the rights, powers, duties and limitations of said government and of its respective officers, department heads, employees and functionaries; to amend or repeal resolutions and ordinances of said city and Acts of the General Assembly in conflict with, or inconsistent with, this Act; 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. Approved December 3, 1953. JONESBORO CORPORATE LIMITS. No. 502 (House Bill No. 910). An Act to amend an Act to incorporate the City of Jonesboro, in the County of Clayton, State of Georgia, Approved August 18, 1919 (Ga. Laws 1919, pp. 1067-1089), and Acts amendatory thereof; to extend the corporate limits of said city; to provide for additional territory to be annexed to said city; to provide for a referendum for such additional territory; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Be it enacted by the authority aforesaid

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that in addition to the territory now in the City of Jonesboro, Georgia, the following described area shall be included and is hereby made a part of the corporate limits of the City of Jonesboro, Georgia: That tract and parcel of land beginning at the present northern boundary of said city limits where the right-of-way line of State Highway 54 intersects with said limits and running in a northerly direction along the east side of said highway right-of-way 900 feet, more or less to a point in line with the southern boundary line of the City of Lake Tara, Georgia; thence west 3050 feet, more or less, to a point which is the northwest intersection of U. S. Highway No. 41 and a street known as Dixie Drive; thence in a southerly direction along the east side of said Dixie Highway (U. S. Highway No. 41) 900 feet, more or less, to the present northern boundary of the present Jonesboro City limits; thence east along the northern boundary line of said Jonesboro city limits to the point of beginning. (The present northern boundary line of the City of Jonesboro, Georgia, above referred to is the northern boundary limits of said city as known prior to the enactment of Georgia Laws 1952 pages 2510-2513, whereby additional territory was added to said city. Territory added. Section 2. Be it enacted by the authority aforesaid that in addition to the territory now in the City of Jonesboro, Georgia, the following described area shall be included, and is hereby made a part of the corporate limits of the City of Jonesboro, Georgia, subject to a referendum as herein provided. All that tract of land and area now known as the City of Lake Tara, Georgia, as described in Georgia Laws 1950, pages 2759 and 2760, incorporating the City of Lake Tara, Georgia, and being in Land Lots 208 and 209 of the Thirteenth District and Land Lot 48 in the Twelfth District of Clayton County, Georgia, described as follows: Beginning at a point on the south side of Dixie Drive, 200 feet east of where Dixie Drive intersects the Dixie

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Highway; thence northwesterly 205 feet to a made corner; thence northeasterly 896 feet to a made corner; thence north 549 feet, more or less, to the south original line of Land Lot 209; thence south 89 degrees west 831 feet to a made corner; thence north 1 degrees west 1085 feet to a made corner; on the north side of Village Drive; thence north 89 degrees east 752 feet to a made corner on the west side of O'Hara Drive; thence in a northerly and continuing in an easterly direction along the north side of O'Hara Drive 2583 feet, more or less, to a made corner; thence south 1306 feet, more or less, to the south side of a public street; thence east 285 feet to the east side of Adamson Road; thence south along the east side of Adamson Road 190 feet, more or less, to the north side of Lake Tara Road; thence east along the north side of Lake Tara Road 153 feet to a made corner; thence southeasterly 100 feet to a made corner; thence easterly 400 feet, more or less, to the east side of State Highway No. 54; thence southerly along the east side of State Highway 54, 915 feet, more or less, to a made corner; thence westerly 1787 feet, more or less, to a made corner; thence north 162 feet to the south side of Dixie Drive; thence westerly along the south side of Dixie Drive 1148 feet to a made corner and the point of beginning. Together with any territory annexed to said city. That a referendum shall be held in the City of Jonesboro, Georgia, at the regular general election on the 2nd Wednesday in December 1953, at which time the qualified voters of said city shall determine if the territory described in Section 2 of this Act shall become a part of the City of Jonesboro. The ballot shall provide as follows: Territory added. For annexing the area known as Lake Tara to the City of Jonesboro. Against annexing the area known as Lake Tara to the City of Jonesboro. In the event that a majority of those voting in said election favor such annexation, then in that event an

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election shall be called in that area embraced in this section to be held on the 2nd Saturday in February 1954, at which time there shall be submitted to the qualified voters in such area the question as to whether they shall become a part of the City of Jonesboro, Georgia. The ballot shall be in the same form as prescribed for the election in the City of Jonesboro, and if a majority of those voting in said election shall favor annexing the area known as Lake Tara to the City of Jonesboro, then in that event the area hereinbefore described in this section shall become and be a part of the City of Jonesboro, Georgia, from the date of such election. Referendum. Section 3. Should any section, paragraph, or clause of this Act be declared unconstitutional or invalid, the remainder of the Act shall not be affected thereby. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned authority authorized to administer oaths, W. Lloyd Matthews, who being duly sworn on oath says, that he is the owner and publisher of the Clayton County News and Farmer, a newspaper having general circulation in said county, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing advertisement concerning local legislation was duly published in said paper on the following dates: October 22, 1953; October 29, 1953; November 5, 1953. This the 13th day of November 1953. /s/ W. Lloyd Matthews

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Sworn to and subscribed before me this the 13th day of November 1953. /s/ Mary L. Matthews Notary Public, Clayton County, Georgia. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. Notarial Seal Affixed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the November session of the General Assembly of Georgia, which convenes on November 16, 1953, there will be introduced a local bill to amend the Act incorporating the City of Jonesboro, Geogia as follows: An Act to amend an Act entitled An Act to incorporate the City of Jonesboro in the County of Clayton, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same and for other purposes, approved August 18, 1919 (Acts of 1919, pp. 1067-1089) and Acts amendatory thereof; to extend and re-define the corporate limits of said city subject to a referendum by the people; and for other purposes. Mayor and Council of the City of Jonesboro. By: Mrs. Irene Arnold, Act. Clerk. Approved December 7, 1953. ROME JUDICIAL CIRCUITJUDGE'S SALARY. No. 503 (House Bill No. 836). An Act to provide for a supplement to the salary of the Judge of the Superior Court of the Rome Judicial Circuit; to provide the method and means of payment;

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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 salary of the Judge of the Superior Court of the Rome Judicial Circuit shall be supplemented in the amount of three thousand six hundred dollars ($3600.00) per annum to be paid in equal monthly installments from the general funds of Floyd County. This amount shall be in addition to any other supplement now paid by said county and shall be in addition to any salary and expense allowance paid by the State. Supplement by Floyd County. Section 2. It shall be the duty of the board of commissioners of roads and revenues or other authority having control of county matters, to make provisions when levying taxes for the expenses of the courts, for the levying and collection of sufficient taxes for the purpose of paying the salary supplement as herein provided, and the power to levy taxes for such purposes is hereby delegated to the proper authority of Floyd County. Taxation to cover. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that at the adjourned session of the 1953 Georgia legislature which convenes on the 16th day of November, 1953, legislation will be proposed to regulate the salaries of the Judge of the Superior Court of Floyd County, Georgia, and the Judge of the City Court of Floyd County, Georgia, as provided in Article 3 Section 7, Paragraph 15 of the Constitution of Georgia, 1945, pertaining to local legislation. October 20, Oct. 27, and Nov. 3, 1953. In person before the undersigned appeared M. G.

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Hicks, who on oath says that he is the author of the hereto attached bill and that the same was published in Rome News Tribune, the newspaper in which the sheriff's advertisements for Floyd County are published, and that the attached notice of intention to apply for local legislation was published in the Rome News Tribune on the following dates, October 20, October 27, and November 3. /s/ M. G. Hicks M. G. Hicks Sworn to and subscribed before me this 16 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. Notarial Seal Affixed. Notice. Notice is hereby given that at the adjourned session of the 1953 Georgia legislature which reconvenes on the 16th day of November, 1953, legislation will be proposed regulating the salaries of the Judge of the Superior Court of Floyd County, Georgia and the Judge of the City Court of Floyd County, Georgia as provided in Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945 pertaining to local legislation. Oct 20, 27; Nov. 3. Approved December 7, 1953. FLOYD CITY COURTJUDGE'S SALARY. No. 504 (House Bill No. 860). An Act to provide for the compensation of the Judge of the City Court of Floyd 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. From and after the passage of this Act, the Judge of the City Court of Floyd County shall be compensated in the amount of seven thousand five hundred dollars ($7,500.00) per annum. Said sum shall be paid in equal monthly installments from the general funds of Floyd County. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that at the adjourned session of the 1953 Georgia legislature which convenes on the 16th day of November, 1953, legislation will be proposed to regulate the salaries of the Judge of the Superior Court of Floyd County, Georgia, and the Judge of the City Court of Floyd County, Georgia, as provided in Article 3 Section 7, Paragraph 15 of the Constitution of Georgia, 1945, pertaining to local legislation. October 20, Oct. 27, and Nov. 3, 1953. 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: October 20, 1953, October 27, 1953, and November 3, 1953. /s/ M. G. Hicks Representative, Floyd County

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Sworn to and subscribed before me, this 19 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Seal affixed. Approved December 7, 1953. OXFORD CHARTER AMENDED. No. 505 (House Bill No. 768). An Act to amend an Act entitled, An Act to create a new charter for the Town of Oxford, to revise, consolidate and amend the several Acts pertaining thereto, and for other purposes, approved August 12, 1914 (Ga. Laws 1914, p. 1108), so as to provide that the government of said town shall be vested in a mayor and six councilmen and to provide for the manner and terms of election of such officers; 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 Town of Oxford, to revise, consolidate and amend the several Acts pertaining thereto, and for other purposes, approved August 12, 1914 (Ga. Laws 1914, p. 1108), is hereby amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Sec. 3, Act of 1914, amended. Section 3. The government of said town shall be vested in a mayor and six councilmen, three of whom shall constitute aquorum. Government. Section 2. The members of the town council elected

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under the provisions of this Act shall possess the same qualifications and be elected in the same manner and shall have and exercise all the rights, powers and duties conferred upon the board of commissioners of said town by the Act approved August 12, 1914 (Ga. Laws 1914, p. 1108). Councilmen. Section 3. The mayor of said town provided for in Section 1 of this Act shall be elected by the people at the same time and in the same manner as the members of the town council and shall have and exercise all rights, powers and duties heretofore conferred by law upon the chairman of the board of commissioners of said town. Mayor. Section 4. The mayor and members of council provided for by this Act shall be elected at the next regular election at which a board of commissioners would have been elected under said Act of 1914, and the candidate for mayor and the three candidates for council receiving the highest number of votes shall serve for a term of two years and until their successors are elected and qualified, and the three candidates for council receiving the next highest number of votes shall serve for a period of one year and until their successors are elected and qualified. The mayor and all councilmen elected at any regular election following the first regular election after the passage of this Act shall serve for a term of two years and until their successors are elected and qualified. Elections. Terms. Section 5. Wherever the terms commissioner or board of commissioners appear in said Act of 1914, the same shall be taken to mean councilman or town council provided for by this Act. Wherever the terms chairman or chairman of the board of commissioners appear in said Act, the same shall be taken to refer to and mean the mayor elected under the provisions of this Act. Act of 1914. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Affidavit of Publication of Notice of Intention. Georgia, Fulton County. Before me, an officer authorized to administer oaths, came W. C. Ivey, who on oath deposes and says that he is the Representative duly elected and qualified to the General Assembly of Georgia from Newton County and that the following notice of intention to apply for the passage of a local bill amending, repealing sections, supplementing and adding to the charter of the Town of Oxford, Georgia, as contained in the Act approved August 12, 1914 (Ga. Laws 1914, p. 1108), was published in the Covington News which is the official organ of Newton County, in the editions dated October 29, November 5, and November 12, 1953: Notice of Intention to Petition Legislature to Change Local Charter. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia, a bill authorizing the Town of Oxford to change certain clauses in its charter to provide for the election of a mayor and six councilmen in the following manner: At the first election to be held under the amended charter a mayor is to be elected for a term of two years, and three councilmen are to be elected for a term of two years, three councilmen are to be elected for a term of two years and three councilmen are to be elected for a term of one year. Each year thereafter three councilmen are to be elected for terms of two years. This 27th day of October 1953. /s/ W. C. Ivey W. C. Ivey, Representative, Newton County /s/ W. C. Ivey W. C. Ivey Representative, Newton County

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Sworn to and subscribed before me this 16 day of November, 1953. /s/ Frank H. Edwards Notary Public Notary Public, Georgia State at Large. My commission expires October 18, 1955. Notarial Seal Affixed. Notice of Intention to Petition Legislature to Change Local Charter. Notice is hereby given that there will be introduced at the 1953 session of the General Assembly of Georgia, a bill authorizing the Town of Oxford to change certain clauses in its charter to provide for the election of a mayor and six councilmen in the following manner: At the first election to be held under the amended charter a mayor is to be elected for a term of two years, three councilmen are to be elected for a term of two years and three councilmen are to be elected for a term of one year. Each year thereafter three councilmen are to be elected for terms of two years. This 27th day of October, 1953. W. C. Ivey, Representative, Newton County. TCOc29 Approved December 7, 1953. NEWNAN CORPORATE LIMITS. No. 506 (House Bill No. 709). An Act to amend an Act creating a new Charter for the City of Newnan, approved December 8, 1893 (Ga. Laws 1893, p. 273), as amended, particularly by an

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Act approved August 9, 1909 (Ga. Laws 1909, p. 1199), so as to increase the corporate limits of the City of Newnan; to provide for the retention of certain licenses; 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. An Act creating a new charter for the City of Newnan, approved December 8, 1893 (Ga. Laws 1893, p. 273), as amended, particularly by an Act approved August 9, 1909 (Ga. Laws 1909, p. 1199), is hereby amended by striking from Section 3 the words one mile, and inserting in lieu thereof the words, one and one-half miles, so that Section 3 when so amended shall read as follows: Section 3. Be it further enacted, that the corporate limits of said City of Newnan shall extend one and one-half miles in every direction from the center of the court-house in said city, and shall cover and embrace the following other territory described as follows: The northeast quarter of Lot of Land No. 22 in the original Second District of said County of Coweta, and upon which is located the waterworks plant of said city, said tract containing fifty acres, also the road thirty feet wide leading from said city to said waterworks plant, northwest corner of Lot No. 23 in the Fifth District of Coweta County, and all of Land Lot No. 42 in the Second Land District of Coweta County containing 202 acres, more or less, upon which said tracts are located the waterworks plant of said city. Limits. Section 2. Be it further enacted by the authority aforesaid that if said additional territory is annexed as above provided, and that if within said territory so annexed, there is a person, firm or corporation who, under the laws of the State of Georgia, held a license on November 15, 1953 to conduct a business within said territory, but which said business was not such a business as

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is licensed by ordinance of the City of Newnan as of November 15, 1953, that said person, firm or corporation may continue to conduct said business within said territory after being so annexed, subject to payment of such license as may be fixed by the Mayor and Council of the City of Newnan. If the holder of such a license desires to sell such place of business, the purchaser is hereby likewise authorized to conduct said business at such place of business. The provisions of this section will also apply to a person, firm or corporation who owns property in which such a business as is above mentioned is conducted and in the event at the time this Act is approved such a business as is above described is transacted in said location on said property by a person other than the owner and such person should cease to operate said business, then such owner, his heirs, assigns or tenants would be entitled to conduct such business upon payment of license fees as prescribed by said City of Newnan. Nothing contained in this section shall prevent the City of Newnan from revoking said license or licenses in the event that in the operation of such establishment the holder of said license shall so conduct said business as to become a nuisance. In the event of revocation of any of such licenses, the holder of said license shall have the right to appeal the decision revoking same to the Superior Court of Coweta County, Georgia. Licenses. Section 3. This Act shall not become effective until approved by the voters in an election conducted as hereinafter provided. Not less than twenty days 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 Coweta County to issue the call for an election for the purpose of submitting this Act to the voters residing in the territory proposed to be annexed under the terms of this Act and the voters residing in the present corporate limits of the City of Newnan. For the purpose of said election there shall be a special registration of voters residing in the territory proposed to be annexed and voters residing in the corporate limits of the City of Newnan. The voters in the territory proposed to be annexed shall register

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with the proper county authority, and the voters in the present corporate limits of the City of Newnan shall register with the proper city authorities. All voters shall be allowed to register up until ten days prior to the date of the election. The registration books for the City of Newnan and for the territory proposed to be annexed shall be opened for registration on the day after the election is called by the ordinary. No person shall be entitled to vote in said election unless he or she has specially registered as above provided. The date of the election shall be set for a date not less than thirty nor more than forty-five days from the date of the issuance of such call, and it shall be the duty of the ordinary to set such date. The date, purpose, and a brief explanation of the voting procedure shall be published in the official organ of Coweta County once a week for three weeks immediately preceding the date of the election. The registration list of all eligible voters residing within the present corporate limits of the City of Newnan shall be furnished to the ordinary by the city authorities whose duty it is to make said list. The ordinary shall conduct and hold the election at the Coweta County courthouse in the City of Newnan. Ballots used in the election shall have printed thereon the words, For approval of the Act annexing certain territory to the City of Newnan, and Against approval of the Act annexing certain territory to the City of Newnan. 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 in said election vote against approval of the Act, it shall be void and of no force and effect. The expense of the election shall be borne by Coweta County and by the City of Newnan in the proportion that the number of voters registering in the City of Newnan and the voters registering in the territory to be annexed respectively bear to the total number of voters registering for said election. It shall be the duty

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of the ordinary to declare the results of the election, and it shall be his further duty to certify the results thereof to the Secretary of State. Section 4. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby, and shall remain in full force and effect. 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. 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, Coweta County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, James J. Thomasson, who on oath deposes and says that he is editor of the Newnan Times-Herald, the public gazette published weekly in the City of Newnan, Coweta County, Georgia, and the official organ of Coweta County, Georgia, and the following: Notice. Georgia, Coweta County. By direction of the Mayor and Council of the City of Newnan, Coweta County, Georgia, notice is hereby given that at the next convening of the General Assembly of the State of Georgia, there will be application for the passage of a bill which will be introduced, providing as follows: An Act to amend an Act of the General Assembly of Georgia, entitled an Act to create a new charter of the

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City of Newnan, in the County of Coweta, approved December 8, 1893, and to amend particularly an Act of the said General Assembly approved August 15, 1910, amending said Act approved December 8, 1893, and to amend any Act amendatory to either of said above described Acts, so as to enlarge and extend the corporate limits of the City of Newnan in the County of Coweta, by the incorporation of additional and contiguous territory therein, and for other purposes. This notice is given in terms of the law. This the twenty-third day of September, 1953. /s/ W. E. Barron, City Clerk. has been published in said Newnan Times-Herald once a week for three weeks, to wit: in the regular issues of September 24 and October 1 and October 8, 1953. /s/ James Thomasson Sworn to and subscribed before me this the 13th day of Nov., 1953. /s/ Mrs. Mildred C. Chambers Notary Public, Georgia State at Large. (Seal) Approved December 7, 1953. WAYCROSSCITY MANAGER. No. 507. (House Bill No. 736). 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 the city manager shall not

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exceed eight thousand five hundred dollars per annum; to provide for the election of an acting city manager; to provide for the compensation of the acting city manager; 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 18 of said Act which reads as follows: Sec. 18. The city manager shall be the administrative head of the city government. Such manager shall be chosen without regard to political beliefs, and solely upon the basis of the executive and administrative ability of such person. He shall be a competent businessman of good character and recognized ability. A choice shall not be limited to inhabitants of the city or State, and shall not be less than 25 nor more than 55 years of age at the time of his first election. Sec. 18, Act of 1922, amended. The compensation of the city manager shall be fixed by ordinance passed by the commission, but shall not exceed the sum of five thousand dollars per year. The city commission may fix the salary of the city manager at its first meeting for a period of thirty days until the ordinance fixing his salary can be and is legally passed. The city manager shall be appointed for an indefinite period and shall serve at the pleasure of the commission, subject to removal by them at any time. During the absence or disability of the city manager, the commission shall designate some properly qualified person to discharge his duties. and substituting in lieu thereof a new Section 18 which shall read as follows: Sec. 18. The city manager shall be the administrative head of the city government. Such manager shall be

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chosen without regard to political beliefs, and solely upon the basis of the executive and administrative ability of such person. He shall be a competent businessman of good character and recognized ability. A choice shall not be limited to inhabitants f the city or State, and shall not be less than 25 nor more than 55 years of age at the time of his first election. City manager. The compensation of the city manager shall be fixed by ordinance passed by the commission, but shall not exceed the sum of eight thousand five hundred dollars per year. The city commission may fix the salary of the city manager at its first meeting for a period of thirty days until the ordinance fixing his salary can be and is legally passed. Compensation. The city manager shall be appointed for an indefinite period and shall serve at the pleasure of the commission, subject to removal by them at any time. During the temporary absence or disability of the city manager, the commission may designate some properly qualified person to discharge his duties. Term. Should the position of city manager become vacant for any reason the commission may appoint some properly qualified person as acting city manager for a period of not more than six months which said person shall not be eligible for reappointment as acting city manager. The compensation of the acting city manager shall not be more than one hundred dollars per month and shall be paid by the City of Waycross from the general funds of said city, in the same manner that other salaries of city officers are paid. Acting manager. No member of the commission shall be eligible for appointment as city manager or as acting city manager during any term for which he was elected a commissioner, nor for two years thereafter. Section 2. That all laws and parts of laws in direct conflict with this Act be, and the same are hereby repealed.

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Notice. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia which convenes in November, 1953, a local bill amending 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 to provide that the compensation of the city manager shall not exceed eight thousand five hundred dollars per annum; and to provide for the election of an acting city manager; to provide for the compensation for the acting city manager; and for other purposes. This the 16th day of October, 1953. McGregor Mayo, City Commissioner. 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 was published in its issues October 17, 24, and 31, 1953. /s/ Jack Williams Jack Williams Sworn to and subscribed before me, this the 5th day of November, 1953. /s/ Louise Breen Notary public, Ware County, Ga. (Seal) Approved December 7, 1953.

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BURKE COUNTY PENSION SYSTEM. No. 508 (Senate Bill No. 154). An Act to create a retirement benefit fund for the employees of Burke County; to define employee and other terms; to provide for contributions to said fund by both employees and said county; to provide for the control, disposition and investment, under certain circumstances, of said fund; to prescribe the amount of and terms upon which retirement benefits shall be granted; to provide for the levy of a tax by said county sufficient to defray the county's share of said fund; to prescribe the duties of the clerk of roads and revenues as to the keeping of records regarding said fund; to provide who is eligible to participate in said retirement system; to provide for disability benefits and prescribe the amount thereof; to provide for the increase of benefits under this Act in the future, under designated conditions; to provide for refunds in certain instances; to provide for prior service credits for reinstated employees under certain circumstances; to provide for credits to employees going into the armed services of the United States; to provide that the violation of this Act, in its administration, shall be a misdemeanor; to provide for a referendum; to provide for the effective date hereof; 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 and the effective date of this Act there is created a County Employee's Pension Fund for permanent employees of the Board of Commissioners of Roads and Revenues of Burke County, Georgia, as now or hereafter constituted, excluding employees of the Burke County Department of Health and Department of Public Welfare of Burke County, and the Burke County Board of Education, and excluding the County Agent and County Home Demonstration Agent of Burke County, from which funds shall be paid retirement

Page 2050

pensions, total disability pensions, temporary disability pensions, a refund upon death before retirement, a refund upon separation from the service as hereinafter provided. Pension fund. Section 2. Definitions. As used in this Act the following terms and phrases shall have the following meaning, to wit: (a) County and Burke County shall mean Burke County, Georgia. (b) Boards shall mean Board of Commissioners of Roads and Revenues of Burke County, Georgia. Definitions. (c) Employees shall include, from the effective date of this Act and thereafter, all employees, casual employees, temporary employees, permanent employees, officers, appointees or electees of the Board of Commissioners of Roads and Revenues of Burke County, Georgia, as now constituted and hereafter constituted, and appointees of the chairman thereof, and of any committee chairman thereof, upon the authority of said board. (d) A permanent employee is an employee, as above defined, who has continuous employment for the requisite probationary period as provided by the term of this Act. (e) Temporary employee is defined as one who has not been employed for the requisite probationary period provided by this Act so as to become a permanent employee. (f) Casual employee shall mean an employee who is employed at definite terms and periods for special or temporary work and whose employment is not, under the terms of this Act, continuous for the probationary period herein provided for; for the purposes of this Act the county attorney and county physician are deemed to be casual employees.

Page 2051

(g) Continuous employment shall mean employment unbroken by discharge or resignation. Re-election or re-appointment at the end of a term shall be regarded as continuous employment. (h) The term year as used herein, defining the probationary period of any employee, shall mean two hundred and seventy-five (275) working days of twelve (12) consecutive months period of continuous employment, including such period as may have been or may be allowed for annual vacation. (i) The term salaries and wages shall mean the cash salaries and wages paid to any employee as defined in this Act, and shall not be construed to include any other remuneration or perquisite received by an employee in connection with his job. (j) The masculine shall include the feminine, and the singular shall include the plural, wherever the context requires it. (k) Effective date shall mean the first day of the first month following the approval of this by the voters of Burke County at the referendum hereinafter provided for. Section 3. The following shall be excluded from the provisions of this Act: The county attorney and county physician; the employees, officers, appointees and electees of the Department of Public Welfare of Burke County; the employees, officers, appointees and electees of the Burke County Board of Health; the officers, appointees and electees of the Burke County Board of Education and of the forestry board; officers elected by vote of the electorate; the County Agent and County Home Demonstration Agent of Burke County; and employees and appointees of all elected county officers except the Board of Commissioners of Roads and Revenues for Burke County. Excluded officers and employees. Section 4. The probationary period is hereby fixed at

Page 2052

one (1) year of continuous employment either before the effective date of this Act or after the effective date of this Act, or total continuous employment for one year, part of which is prior to the effective date of this Act and part of which is after the effective date of this Act. Probationary period. Section 5. There is created a permanent pension fund for the benefit of each permanent employee covered by this Act, and said fund shall be known as the Burke County Employees Pension Fund and shall be kept in a separate account ear-marked Burke County Employees Pension Fund, with a separate, permanent record thereof, which fund shall be deposited with the bank designated as the depository of other county funds, and no warrant shall be drawn on said fund except as provided by this Act. At any time said fund exceeds the sum of three thousand ($3000.00) dollars, said board shall purchase bonds for the benefit of said fund with all excess above three thousand ($3000.00) dollars, provided the bonds are approved by the Georgia laws for purchase by trustees of trust estates in Georgia. Vouchers drawn by the clerk of said board and countersigned by the chairman of said board shall be the method of withdrawal from said fund; the acting clerk or acting chairman of said board, when properly designated as such in accordance with the law, shall have authority to perform all acts and duties and shall perform all acts and duties conferred by this Act on said clerk and on said chairman of said board. Pension fund. Section 6. It shall be the duty of said board to see that the provisions of this Act are carried out strictly in conformity herewith. Duties of board. Section 7. Said pension fund shall be kept separate from any and all other funds whatsoever. Section 8. All decisions of the board in regard to said pension fund or any withdrawals therefrom shall be entered on a separate pension record, kept by the clerk of said board, and shall also be kept on the minutes of said board, and all entries appearing on the minutes

Page 2053

of said board of commissioner shall be transcribed by said clerk upon his permanent record book as to said pension fund in order to readily determine the status of said fund, and shall maintain a record of the amounts paid into the fund by deductions from the employees' salaries or wages, showing the amount for each employee, and each of the said records shall be a legal record thereof, and it shall be the duty of said board to see that said records conform one to the other at all times. Section 9. The sum of three (3) per centum shall be deducted and withheld by the proper county authority from the salaries or wages of each employee as defined in Section 2, Subsection (c) of this Act, as and when paid from time to time. Each three months after the effective date of this Act, said board shall pay over into said pension fund the amount deducted from said salaries and wages, and shall also pay into said fund a sum equal to the amount deducted from the salaries and wages as above directed; provided, however, said board shall have authority from time to time to increase the contributions by said employees up to five per centum of such salary or wages, but upon each such increase on the part of such employees, then and in that event the said board shall make its contributions correspond to the percentage deductions from such employees' salary or wages. Employee contributions, board contributions. Section 10. Before said board shall be authorized to increase said contributions by itself and said employees, said pension fund shall have been depleted so that there shall not be in the fund an amount sufficient to pay the pensions of those on the pension roll for a period of twenty-four (24) months and to provide a reserve of 75% of the accumulated funds received by the pension fund from the amounts deducted from salaries and wages of the employees in service; provided, however, that if in the judgment of said board, said pension fund shall have grown to such an extent as to justify a reduction in the contributions to said fund down to as low as three (3) per centum, then and in that event, said board shall

Page 2054

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

Page 2055

Section 14. Every permanent employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total service as a permanent employee shall at any time amount to twenty-five (25) years and who shall have attained the age of sixty (60) years, may at any time after this Act has been in effect for twelve (12) months retire on his own motion, and this shall include any permanent employee who shall have served twenty-five (25) years prior to the effective date of this Act, and permanent employee who shall serve his twenty-five (25) years after effective date of this Act, and also include any permanent employee who serves twenty-five (25) years regardless of whether part of said service is before the effective date of this Act and part of the service is after the effective date of this Act. Such permanent employee shall be retired at twenty-five per centum (25%) of the highest salary or wage he has received as a permanent employee within the period of seventy-two (72) months immediately preceding his retirement, plus one (1) per centum for each year's service beyond twenty-five years, provided, however, that no pension shall exceed one hundred dollars ($100.00) per month. Retirement of present employees. Section 15. Any person who becomes an employee after the effective date of this Act, in order to come under any of the benefits of this Act or be entitled to any of the benefits of this Act as a permanent employee, shall not be over forty (40) years of age when employed, and shall furnish to said board proof of his age and a health certificate to its satisfaction as to his age and to its satisfaction as to his good health at the time of such employment and at the time of his employment shall file the proof of his age and certificate of his health with the clerk of the board of said county, and said certificate shall be from a reputable practicing physician in the said county, designated for that purpose by said board; provided that the age limitation of forty (40) years shall not apply to any employee now or hereafter holding an office or position with said county, which office or position is named as an official position by said board, within thirty days from the effective date of this Act. Those employed after effective date of Act.

Page 2056

Section 16. That every permanent employee in active service and employment at the time of the effective date of this Act, or hereafter, whose total service as a permanent employee shall amount to at least twenty (20) years, who is permanently separated from the service involuntarily by action of said board may at his election constitute such discharge as the retirement of such employee. Such permanent employee so retired at his election shall be retired at one (1) per centum of his salary or wage times the number of years he has served as a permanent employee based upon the highest salary or wage he has received as a permanent employee within the period of seventy-two (72) months immediately preceding his retirement but such pension shall not begin until this law has been in effect for twelve (12) months and shall not exceed $100.00 per month; the years of service shall be twenty or more years before the effective date of this Act, or twenty or more years after the effective date of this Act, or twenty or more years part of which was served prior to the effective date of this Act, and part of which was served after the effective date of this Act; provided, however, no permanent employee shall draw any benefits under this section if his involuntary separation from the service of the county is found by the board to have been caused by the permanent employee's wilful misconduct, or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication or wilful misconduct, or due to the commission of crime under the laws of this State, or any other State of the United States, in any of which cases he shall forfeit his claim to any pension under this section, to be determined by said board. Employees separated involuntarily from service. Section 17. Any permanent employee sixty-five (65) years of age, whether he becomes sixty-five (65) years of age prior to the effective date of this Act, or becomes sixty-five (65) years of age on or after the effective date of this Act, may after this Act has been in effect for twelve (12) months retire at will at one (1) per centum of the highest salary or wage he has received as a permanent employee within seventy-two (72) months

Page 2057

immediately preceding his retirement, times the number of years served, but not to exceed one hundred dollars ($100.00) per month; provided that said permanent employee has at least ten years (10) years of service as a permanent employee; and, provided further, that during the first five (5) years from the effective date of this Act, the foregoing provisions shall not apply unless such voluntary retirement is approved by a majority of said board, anything in this Act to the contrary notwithstanding. Voluntary retirement. Section 18. Any permanent employee who is permanently and totally disabled while in the discharge of his duties, from injury arising out of and in the course of his employment, shall be placed on the pension list, provided he has, prior to his permanent and total disability continuously, actively performed the duties of his employment for one year after the effective date of this Act, and shall be paid while so permanently and totally disabled twenty-five (25) per centum of the highest salary or wage that he has received as a permanent employee within the period of seventy-two (72) months immediately preceding his said permanent and total disability but not to exceed one hundred dollars per month; provided, however, that should such employee receive any workmen's compensation or other compensation from or on behalf of the county while so disabled, such workmen's compensation or other compensation from or on behalf of the county so received, excluding medical, doctor, nursing and hospitalization payments, shall be deducted from any pension voucher paid said employee, and he shall receive only the excess of any pension due him after the subtraction of the amount of workmen's compensation or other compensation from or on behalf of the county received by him, less any other indebtedness due the county by said employee, and it shall be the duty of said board to determine the cause and manner of the claimed permanent and total disability and to declare in its findings whether or not such disability is permanent and total. Total and permanent disability shall mean that the permanent employee is not able, on

Page 2058

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

Page 2059

board, as long as he performs such duties he shall be paid at least as much as he would receive from his pension but shall not receive a pension, and in such cases the employee may leave such employment any time he sees fit and be immediately returned to the pension list at the sum that he was retired on, and the board may strike him from the payroll and return him to the pension list at any time he sees fit. Service connected disabilities. Section 19. Any permanent employee who, after one year from the effective date of this Act, shall become disabled and rendered unable to perform the duties of his employment and who has to his credit twelve (12) years of employment as a permanent employee, whether such twelve (12) years be before the effective date of this Act, or be after the effective date of this Act, or part of such years are before the effective date of this Act, and part after the effective date of this Act, and who, after four (4) weeks of continuous unbroken disability, makes application in person or by his authorized representative, to said board, and is found by said board to be disabled and unable to perform the duties of his employment, shall be placed on the pension list and shall receive, while so disabled, excluding said first four (4) weeks, a pension of one (1) per centum of the highest salary or wage, he received as a permanent employee within seventy-two (72) months immediately preceding his disability, times the number of years served, during continuance of his disability, but in no event to exceed one hundred dollars per month. Provided, it shall be the duty of the board to make frequent investigations of such cause; and return such employee to active duty or service as soon as he is able to return, at which time his pension, by virtue of this section, will stop. Provided, that such employee receive any workmen's compensation or other compensation from or on behalf of the county while so disabled, such workmen's compensation or other compensation from or on behalf of the county so received, excluding medical, doctors, nursing and hospitalization, shall be subtracted from any pension voucher paid said employee and he shall receive only the excess

Page 2060

of any pension due him after the deductions of the amounts of workmen's compensation or other compensation from or on behalf of the county as well as any other indebtedness that he may be due the county; provided, further, that no permanent employee shall draw any benefits under this section if his disability is found by the board to have been caused by the permanent employee's wilful misconduct or self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication, or due to the commission of a crime under the laws of this State, or any other State of the United States. Service connected disabilities. Section 20. After this Act has been in effect for a period of at least three (3) years, the board shall be authorized to increase pensions provided for by the preceding sections of this Act from twenty-five percentum to not more than forty (40) percentum of the highest salary or wage received by a permanent employee within the period of seventy-two (72) months immediately preceding his disability or retirement, or from one percentum to not more than one and three-fifths percentum of the highest salary or wage he received during the seventy-two (72) months next preceding his retirement or disability times the number of years served, depending upon the measure appropriate for determining his type of pension, provided, that in the judgment of said board the pension fund shall have grown to such an extent that the said fund together with contributions thereto by employees and the county on the basis of three percentum of salary or wage from each shall be sufficient to maintain the pension payments on the increased basis as determined and fixed by the board; and provided further that the board shall reduce the pension payments if it later appears that the pension fund is being depleted by such higher pensions, but the pensions shall in no event be reduced below the amounts fixed by preceding sections of this Act; and provided further that the scale of pensions provided for hereinbefore shall in no event be increased unless such increased pensions can be safely paid from contributions on the basis of 3% from the

Page 2061

county and employees; and provided, further, that nothing in this section shall be construed to increase the maximum pension payable under this Act to more than one hundred dollars per month; provided, however, anything in this Act to the contrary notwithstanding, no benefits shall be increased until there is a sufficient balance in the pension fund to pay current retirees for a period of five years and to provide a reserve of sufficient funds to cover not less than 75% of the accumulated funds received by the pension fund from the amounts deducted from the salaries and wages of the employees in service. Increase of pensions. Section 21. Any permanent employee who voluntarily absolutely separates from the service of said board before being retired under any provisions of this Act, shall have returned to him or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes final, fifty percentum of the amount of deductions from his salary or wage, by virtue of this Act, without interest, less any disability payments he has received, provided such permanent employee has, after becoming such permanent employee and after the effective date of this Act, continued in continuous employment as provided by this Act for twelve (12) months, and when said fifty percentum is returned to said employee, he shall not have any further claim or right to receive any fund, or payments whatsoever of any kind or character from said fund. Voluntary separation from service. Section 22. If a permanent employee is separated from the service of his employment, as defined in this Act, by death, there shall be returned to his or her surviving spouse if one, and if not, then to his or her next of kin upon application therefor, one hundred (100) per centum of the deduction from his or her salary or wages, less any payments made to him or her by reason of any other provision of this Act, and less any sum that might be due by him or her to Burke County, which amount so due shall be paid to the county; and when said one hundred percentum less authorized deductions, if any, is returned, then his or her estate, or his or her personal

Page 2062

representative shall receive from said fund no other sums whatsoever. Death while in service. Section 23. (a) Any permanent employee who before retirement, voluntarily separates from his employment as provided for in this Act, or is discharged, and is thereafter re-employed as a employee as defined in this Act, paragraph (c) of Section 2, upon the presentative to said board of a certificate from the County Physician of Burke County, certifying that such permanent employee is in good health and able to perform actively the duties of his employment, his services prior to such separation or discharge shall be counted in his length of continuous permanent after being so re-employed, provided he shall pay back into said pension fund, within twelve (12) months of filing such certificate with said board, the amount refunded to such permanent employee by reason of such separation or discharge. Re-employment after separation from service. (b) Any permanent employee participating in the Burke County Employees' Retirement System, who terminates his employment to go into the armed services of the United States, and who, within six months after discharge therefrom, reapplies for and is granted employment with the county, shall be entitled to receive service credits for the time during which such person was in the armed services; provided, however, such person shall not be entitled to death or disability benefits during such time. The board, may, in its discretion, but in no case shall it be required to, continue employer contributions for such employee while in the armed services. Service with armed forces. Section 24. There shall not be paid to any person whomsoever more than one benefit at a time under this Act. Section 25. All applications for pensions shall be made to the clerk of the board on forms prescribed by the board and printed for the use in such cases, and it shall be the duty of the board to provide said forms at all times and the clerk of the board shall immediately

Page 2063

transmit such application to the county attorney for his approval as to form and procedure, and upon his approval, such application shall be presented to said board. Application for pension. Section 26. Each section of this Act and every part of each section are declared to be independent sections and the holding of any section or part of any section to be void shall not affect the other sections or parts of such sections, and it is declared that the other sections not so held to be void or parts of sections not to be void would have been enacted regardless of any section or part of any section being held void. Provisions of Act severable. Section 27. This Act, constitutes a contract, from the effective date of this Act, between said board and said county and each employee who is or who may hereafter become entitled to benefits under this Act which include permanent employees now existing or that hereafter exist. All employees of the County of Burke at the effective date of this Act, as hereafter defined, and all employees employed thereafter, shall participate in this retirement system, as a condition of their employment; provided, however, nothing in this Act shall be construed as authorizing the payment of benefits, either retirement or disability, to any persons who have terminated their employment at the effective date of this Act. Act as contract. Section 28. Any person whomsoever covered by this Act, or administering the provisions thereof who violates the provisions of this Act shall be punished as for a misdemeanor. Violations. Section 29. Before this Act shall become effective the same shall be ratified and approved by the qualified voters of Burke County at an election held for that purpose. Said election shall be held in connection with and at the same time as the State Democratic primary election in 1954, and at the said election voters shall be submitted ballots which shall have printed thereon the words: For retirement pension plan for employees of the Board of Commissioners of Roads and Revenues of Burke County, and also the words: Against retirement

Page 2064

pension plan for employees of the Board of Commissioners of Roads and Revenues of Burke County. 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 the qualified voters of Burke County voting at said election shall vote For retirement pension plan for employees of the Board of Commissioners of Roads and Revenues of Burke County, this Act shall be deemed ratified and approved and the ordinary shall announce the results as required in connection with special elections. Referendum. Section 30. All laws and parts of laws, acts and ordinances in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 7, 1953. LAKE TARA CHARTER REPEALED. No. 510 (House Bill No. 737). An Act to repeal an Act incorporating the City of Lake Tara, approved February 17, 1950 (Ga. Laws 1950, p. 2759); 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. An Act entitled An Act to create and incorporate the City of Lake Tara, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize

Page 2065

said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, sidewalks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; and for other purposes., approved February 17, 1950 (Ga. Laws, 1950, p. 2759), is hereby repealed in its entirety, and the charter of the City of Lake Tara granted thereunder is hereby revoked. Incorporating Act repealed. Section 2. Not less than twenty nor more than thirty days after the date this Act becomes law, it shall be the duty of the governing authority of the City of Lake Tara to issue a call for an election to determine whether this Act shall become effective. The date of the election shall be set for a date not less than thirty nor more than sixty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for the two weeks immediately preceding the date thereof. The election shall be held under the same rules and regulations covering the election of officers of such municipality, and the question of whether the charter shall be repealed shall be submitted to the qualified voters of the municipality. The ballot submitting the proposed question shall have written or printed thereon the following: For ratification of the Act repealing the charter of the City of Lake Tara. Against ratification of the Act repealing the charter of the City of Lake Tara. Referendum. All persons desiring to vote in favor of ratifying the Act shall vote for ratification and all persons desiring to vote against ratification of the Act shall vote against ratification. If a majority of the persons voting at such election vote for ratification of the Act, it shall become of full force and effect and the charter of the City of

Page 2066

Lake Tara shall be repealed and revoked. If a majority of those persons voting at such election vote against ratification of the Act, the Act shall be of no force and effect and the charter of the City of Lake Tara shall continue to exist. The result of such election shall be declared by the rules and regulations governing elections in the City of Lake Tara. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned authority authorized to administer oaths, W. Lloyd Matthews, who being duly sworn on oath says, that he is the owner and publisher of the Clayton County News and Farmer, a newspaper having general circulation in said county, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing advertisement concerning local legislation was duly published in said paper on the following dates: October 22, 1953; October 29, 1953; November 5, 1953. This the 13th day of November 1953. /s/ W. Lloyd Matthews. Sworn to and subscribed before me this 13th day of November 1953. /s/ Mary L. Matthews Notary Public, Clayton County, Ga. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. (Seal) Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia, a bill to repeal the Act creating the charter

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of the City of Lake Tara (Ga. Laws 1950, pages 2759 through 2765) in its entirety. This the 17th day of October 1953. Edwin S. Kemp, Representative, Clayton County, Georgia. Approved December 7, 1953. BIBB COUNTY PENSION SYSTEM. No. 511 (House Bill No. 719). An Act to repeal an Act (Ga. Laws 1949, p. 1371) entitled An Act to provide a pension and/or retirement plan and fund for county employees and/or officers, of Bibb County, Georgia. Also defining the words, terms and phrases of said Act; fixing a scale of contributions by the persons covered by said Act and by the County of Bibb; providing the conditions and eligibility of persons and/or beneficiaries under said pension and/or retirement plan; the amount of pension and/or retirement pay to be paid to persons eligible under said Act; providing for refund to resigning and/or discharged employees and officials; providing for the payment of pensions to the widows of officers and/or employees killed in the performance of their duties; providing for the enactment of rules and regulations by the board of county commissioners for the administration and employment of this Act; providing for the monthly payments to beneficiaries of pensions and/or retirement pay; and for other purposes. as amended; to recognize, continue and protect certain vested rights in said Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows:

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Section 1. From and after the passage of this Act, an Act (Ga. Laws 1949, p. 1371) entitled An Act to provide a pension and/or retirement plan and fund for county employees and/or officers, of Bibb County, Georgia, also defining the words, terms and phrases of said Act; fixing a scale of contributions by the persons covered by said Act and by the County of Bibb; providing the conditions and eligibility of persons and/or beneficiaries under said pension and/or retirement plan; the amount of pension and/or retirement pay to be paid to persons eligible under said Act; providing for refund to resigning and/or discharged employees and officials; providing for the payment of pensions to the widows of officers and/or employees killed in the performance of their duties; providing for the enactment of rules and regulations by the board of county commissioners for the administration and employment of this Act; providing for the monthly payments to beneficiaries of pensions and/or retirement pay; and for other purposes, as amended, be and the same is hereby repealed. Act of 1949 repealed. Section 2. The rights of any persons who, upon the effective date of this Act, are receiving or who are entitled to immediately receive and make application within thirty (30) days to receive, benefits under the terms and conditions of the Act hereby repealed, shall continue in force under the terms and subject to the conditions of said repealed Act. The County Board of Commissioners for the County of Bibb are authorized in its discretion, to set aside, in trust for the payment of such persons, so much of the fund accumulated pursuant to the repealed Act as it, the board, may determine, but by so doing or failing so to do, the liability of Bibb County for benefit payments to such persons shall not be relieved or discharged. Vested rights. Section 3. Any person, who has not or does not waive repayment, shall upon application made within thirty (30) days of the effective date of this Act be entitled to repayment of contributions made by such person to the pension fund created under the terms of the Act repealed

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hereby, except that no person receiving benefits or who makes application to receive benefits, as provided by Section 2 of this Act, under the terms and conditions of the Act repealed hereby, shall be entitled to repayment of such contributions. Return of contributions. Section 4. All laws and any part of laws in conflict with this Act be and the same are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn depose and say That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953. /s/ John B. Harris, Jr. /s/ Andrew W. McKenna /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this the 16 day of November 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Public Notice. Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General

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Assembly of Georgia, of legislation, affecting Bibb County, as follows: (1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, p. 1371, and as amended) preserving, however, the vested rights of employees in such pension laws; (2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal social security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions, and payments, including assurance fund deposits and payments necessary to secure past service credits; (3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith; (4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a non-resident of Bibb County to authorize payment, in the discretion of the county commissioners, of expense actually incurred by such person in so presiding. (5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing, and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators; (6) A constitutional amendment to authorize the General Assembly of Georgia, from time to time, to delegate

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to the governing authority of Bibb County legislative powers and functions. (7) A constitutional amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators; (8) A constitutional amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them. Marvin L. Newberry Clerk, County Board of Commissioners for the County of Bibb. Approved December 7, 1953. BIBB COUNTY PENSION SYSTEM. No. 512 (House Bill No. 764). An Act to provide for the coverage of certain officers and employees of Bibb County under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, as amended; to authorize the County Board of Commissioners for the County of Bibb, or its official designate to execute, perform and exercise, for and in behalf of Bibb County, contracts, commitments and powers, as provided by Georgia Laws

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1951 p. 457, a constitutional amendment (proposed Ga. Laws 1952, p. 601), Georgia Laws 1953, p. 253, all relating to coverage under the Federal Social Security Act, and as any of said Acts may have been or may be amended, re-enacted or changed; to authorize payments to secure such coverage, including payments of both employer and employee contribution to provide an effective date of coverage of January 1, 1951; to authorize the levy of an ad valorem tax to provide funds for such purposes; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that, from and after the passage of this Act, the County Board of Commissioners for the County of Bibb, or its official designate, be and the same are hereby authorized, for and in behalf of Bibb County, to provide coverage for eligible officers and employees of Bibb County under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, and as the same has or may be amended, under the provisions thereof and regulations and requirements issued pursuant thereto, including authority to contract and pay both employer and employee contributions necessary to secure an effective coverage date of January 1, 1951. Coverage under Social Security Act. Section 2. Be it further enacted by the authority aforesaid that the County Board of Commissioners for the County of Bibb, or their official designate, be and they are hereby authorized to execute, perform and exercise, for and in behalf of Bibb County, all contracts, commitments and powers, provided and set forth in an amendment to the Constitution of the State of Georgia proposed by a resolution of the General Assembly of Georgia (Ga. Laws 1952, p. 601) and in Acts of the General Assembly of the State of Georgia (Ga. Laws 1951 p. 457 and Ga. Laws 1953, p. 253) and as the same or any of them have been or may be amended, re-enacted, or changed, it being the intent and purpose hereof to grant to the County Board of Commissioners for Bibb County, or its official designate, the powers provided by such amendment and enactments as the same have been recorded even though

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the same may not, as of the effective date of this Act, be generally effective or valid. Section 3. Be it further enacted by the authority aforesaid that the County Board of Commissioners for Bibb County be and they are hereby authorized to levy an ad valorem tax with respect to taxable properties in Bibb County for the purpose of fulfilling the obligations of Bibb County assumed pursuant to authority granted hereby. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn depose and say That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953. /s/ John B. Harris, Jr. /s/ Andrew W. McKenna /s/ Denmark Groover, Jr.

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Sworn to and subscribed before me, this the 17 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows: (1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, p. 1371, and as amended) preserving, however, the vested rights of employees in such pension laws; (2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal Social Security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits; (3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith; (4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a non-resident of Bibb County to authorize payment, in the discretion of the county commissioners, of expense actually incurred by such person in so presiding; (5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb

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County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators; (6) A constitutional amendment to authorize the General Assembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions. (7) A constitutional amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators; (8) A constitutional amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them. Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb. Approved December 7, 1952.

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CLAYTON COUNTY TAX COMMISSIONER'S COMPENSATION. No. 513 (House Bill No. 739). An Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner of Clayton County, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, particularly by an Act approved February 8, 1950 (Ga. Laws 1950, p. 2065), 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 office of Tax Receiver and Tax Collector of Clayton County into the one office of Tax Commissioner of Clayton County, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, particularly by an Act approved February 8, 1950 (Ga. Laws 1950, p. 2065), is hereby amended by striking Section 7, relating to the compensation of the tax commissioner, and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The Tax Commissioner of Clayton County shall be compensated in the amount of six thousand two hundred fifty dollars ($6,250.00) per annum, payable in equal monthly installments out of the general funds of Clayton County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind whatsoever heretofore received by said tax commissioner, including any such commissions, fees or charges received from the State of Georgia. All funds collected by any means under color of his office shall be accounted for by him as county funds. If it should be held by a court of competent jurisdiction that, irrespective of this Act, certain fees paid by the State must be paid to and belong to the tax commissioner personally, the County Commissioner of Clayton

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County shall reduce the above stated sum of six thousand two hundred fifty dollars ($6,250.00) so that the tax commissioner shall not receive more than six thousand two hundred fifty dollars ($6,250.00) per annum from all sources. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned authority authorized to administer oaths, W. Lloyd Matthews, who being duly sworn on oath says, that he is the owner and publisher of the Clayton County News and Farmer, a newspaper having general circulation in said county, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing advertisement concerning local legislation was duly published in said paper on the following dates: October 22, 1953; October 29, 1953; November 5, 1953. This the 13th day of November 1953. /s/ W. Lloyd Matthews Sworn to and subscribed before me this the 13th day of November 1953. /s/ Mary L. Matthews Notary Public, Clayton County, Ga. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. (Seal) Notice of intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia a bill relating to the compensation of the Tax Commissioner of Clayton County.

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This 19th day of October, 1953. E. Alvin Foster, Edwin S. Kemp, Representative, Clayton County. Approved December 7, 1953. CLAYTON COUNTY COMMISSIONER. No. 514 (House Bill No. 741). An Act to amend an Act creating the office of Commissioner of Roads and Revenues for Clayton County, approved February 22, 1943 (Ga. Laws 1943, p. 883), as amended, particularly by an Act approved February 9, 1949 (Ga. Laws 1949, p. 456), so as to change the compensation of the commissioner; to repeal conflicting laws; to provide for clerical help and their compensation; 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 Clayton County, approved February 22, 1943 (Ga. Laws 1943, p. 883), as amended, particularly by an Act approved February 9, 1949 (Ga. Laws 1949, p. 456), is hereby amended by striking from Section 6 the words and figures forty-eight hundred ($4800.00) and inserting in lieu thereof the words and figures six thousand two hundred fifty ($6,250.00), so that when so amended Section 6 shall read as follows: Section 6. The salary of said commissioner shall be six thousand two hundred fifty ($6,250.00) dollars per annum, to be paid monthly. The county shall furnish said commissioner with gasoline and oil for his automobile when used for county purposes and he shall be allowed

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five cents per mile for the use of his automobile when used for county purposes, said allowance shall not exceed six hundred ($600.00) dollars per annum. Compensation. Section 2. Be it further enacted by the authority aforesaid that said commissioner, with the approval of the advisory board may employ such clerks or clerk as may be necessary, for the development of a waterworks system, sewerage system, and zoning and planning office, for such time and for such compensation as may be proper. Clerks. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned authority authorized to administer oaths, W. Lloyd Matthews, who being duly sworn on oath says, that he is the owner and publisher of the Clayton County News and Farmer, a newspaper having general circulation in said county, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing advertisement concerning local legislation was duly published in said paper on the following dates: October 22, 1953; October 29, 1953; November 5, 1953. This the 13th day of November 1953. /s/ W. Lloyd Matthews Sworn to and subscribed before me this the 13th day of November 1953. /s/ Mary L. Matthews Notary Public, Clayton County, Ga. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. (Seal) Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly

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of Georgia a bill relating to the compensation and allowances of the County Commissioner of Clayton County. This 19th day of October, 1953. E. Alvin Foster, Edwin S. Kemp, Representative, Clayton County. Approved December 7, 1953. CLAYTON COUNTYCOMPENSATION OF OFFICERS. No. 515 (House Bill No. 740). An Act to amend an Act placing the Clerk of the Superior Court and the Sheriff of Clayton County on a salary rather than a fee basis, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 2071), so as to change the compensation of the Clerk of the Superior Court and the Sheriff of Clayton County; to provide for a chief deputy for the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act placing the Clerk of the Superior Court and the Sheriff of Clayton County on a salary rather than a fee basis, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended by an Act approved February 7, 1950 (Ga. Laws 1950, p. 2071), is hereby amended by striking from Section 1 the figure $5000.00 and inserting in lieu thereof the figure 6250.00, and by adding at the end thereof the words, The clerk and sheriff shall transmit a statement of all sums collected and due their offices to the commissioner of roads and revenues, and said commissioner shall credit

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the same to their particular office without the necessity of warrants being issued and repaid by the said officers. so that Section 1 when so amended shall read as follows: Sec. 1, Acts of 1949, 1950, amended. Section 1. The salaries for the officers herein named shall be their full and complete salary, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall, except as herein otherwise provided, be construed to be county funds and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of $6250.00 per annum, both salaries being payable monthly by the commissioner of roads and revenues, or other governing authority, of said county out of the general funds of said county. Any funds, except the salary provided, collected under the color of their offices shall be construed as county funds. The clerk and sheriff shall transmit a statement of all sums collected and due their offices by the commissioner or other authority to the commissioner of roads and revenues, and said commissioner shall credit the same to their particular office without the necessity of warrants being issued and repaid by the said officers. Compensation of clerk of superior court and sheriff. Section 2. Said Act, as amended, is further amended by striking from Section 1-A the figure $6000.00 and inserting in lieu thereof the figure $7000.00, so that when so amended Section 1-A shall read as follows: Sec. 1-A amended. Section 1-A. At least 180 days before the beginning of a new term of office for the officers named in this Act, the judge of the superior court shall charge the grand jury then in session that it is their duty to investigate the salaries paid the various officers named in this Act, and it shall be lawful for them to recommend a different salary not to exceed the sum of $7000.00 per annum and not less than $4000.00 per annum for each office, and upon such recommendation being made it shall be the duty of the commissioner of roads and revenues, or other governing authority, to fix the salaries for such officers as recommended by said grand jury, which shall be in lieu of the salaries named in Section 1 of this Act. Modification by grand jury.

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Section 3. Said Act is further amended by adding at the end of Section 4 the following: Provided, however, that there shall be a chief deputy sheriff who shall be appointed by the sheriff, and he shall be compensated in the amount of $4200.00 per annum, to be paid in equal monthly installments from the general funds of Clayton County., so that Section 4 when so amended shall read as follows: Sec. 4 amended. Section 4. Said officers shall be entitled to employ their own deputies and clerks, subject only to the approval of the commissioner of roads and revenues as to the number employed, and the amount to be paid such deputies and clerks. The compensation so approved shall be paid monthly out of the general funds of the county by said commissioner. In the event the officers herein named, or either of them, feel that they are not being allowed sufficient help and adequate compensation for such help, they may present their case to any grand jury in session for said county, and upon the recommendation of such grand jury additional deputies and clerks may be employed and compensation as so recommended by said grand jury, and for such periods as the various grand juries may deem necessary. Provided, however, that there shall be a chief deputy sheriff who shall be appointed by the sheriff, and he shall be compensated in the amount of $4200.00 per annum, to be paid in equal monthly installments from the general funds of Clayton County. Deputies and clerks. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned authority authorized to administer oaths, W. Lloyd Matthews, who being duly sworn on oath says, that he is the owner and publisher of the Clayton County News and Farmer, a newspaper having general circulation in said county, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing

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advertisement concerning local legislation was duly published in said paper on the following dates: October 22, 1953; October 29, 1953; November 5, 1953. This the 13th day of November 1953. /s/ W. Lloyd Matthews Sworn to and subscribed before me this the 13th day of November 1953. /s/ Mary L. Matthews Notary Public, Clayton County, Ga. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. (Seal) Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia a bill relating to the compensation and allowances of the Sheriff and Chief Deputy, and the Clerk of the Superior Court of Clayton County. This 19th day of September, 1953. E. Alvin Foster, Edwin S. Kemp, Representative, Clayton County. Approved December 7, 1953. CITY COURT OF CLAYTON COUNTYCOMPENSATION OF JUDGE AND OF SOLICITOR. No. 516 (House Bill No. 738). An Act to amend an Act creating the City Court of Clayton County (then the City Court of Jonesboro), approved August 15, 1927 (Ga. Laws 1927, p. 406), as

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amended, particularly by an Act approved February 18, 1941 (Ga. Laws 1941, p. 634), so as to change the compensation of the judge and the 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 creating the City Court of Clayton County (then the City Court of Jonesboro), approved August 15, 1927 (Ga. Laws 1927, p. 406), as amended, particularly by an Act approved February 18, 1941 (Ga. Laws 1941, p. 634), is hereby amended by striking in Section 3 the words and figures twelve hundred dollars ($1200.00) and inserting in lieu thereof the words and figures three thousand dollars ($3000.00), so that Section 3 when so amended shall read as follows: Section 3. The Judge of the City Court of Clayton County shall receive a salary of three thousand dollars ($3000.00) per annum, and shall be paid monthly out of the treasury of Clayton County by the officer of said county authorized to pay out the funds of said county. The judge of said court shall as such receive no other compensation, but may practice law in any court except the City Court of Clayton County, and may hold any office or offices except those he is expressly prohibited by law from holding. Judge's compensation. Section 2. Said Act, as amended, is further amended by striking from Section 6 the words and figures one thousand dollars ($1000.00) and inserting in lieu thereof the words and figures two thousand five hundred dollars ($2500.00), and by adding at the end thereof the words, The commissioner of roads and revenues shall allow the solicitor a reasonable amount for clerical expenses, said sum not to exceed the sum of five hundred dollars ($500.00) per annum, to be paid monthly., so that Section 6 when so amended shall read as follows: Section 6. The salary of the solicitor of said court

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shall be two thousand five hundred dollars ($2,500.00) per annum, and shall be paid monthly out of the treasury of Clayton County, by the officer of said county authorized to pay out the funds of said county. Said solicitor shall receive for representing the State in the appellate courts of this State, the same compensation now paid by the State to solicitors-general of the superior courts for like services, said fee to be paid by the State in the same manner that the same are now paid solicitors-general. The solicitor of the city court shall, as such, receive no other compensation, but may practice law in any court or courts, and may hold any office or offices, except those which he is expressly prohibited by law from holding. The commissioner of roads and revenues shall allow the solicitor a reasonable amount for clerical expenses, said sum not to exceed the sum of five hundred dollars ($500.00) per annum, to be paid monthly. Solicitor's compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned authority authorized to administer oaths, W. Lloyd Matthews, who being duly sworn on oath says, that he is the owner and publisher of the Clayton County News and Farmer, a newspaper having general circulation in said county, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing advertisement concerning local legislation was duly published in said paper on the following dates: October 22, 1953; October 29, 1953; November 5, 1953. This the 13th day of November, 1953. /s/ W. Lloyd Matthews.

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Sworn to and subscribed before me this the 13th day of November 1953. /s/ Mary L. Matthews Notary Public, Clayton County, Ga. Notary Public, Georgia, State-at-Large. My commission expires January 21, 1957. (Seal) Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia a bill relating to the compensation of the Judge and the Solicitor of the City Court of Clayton County, and for other purposes. This 19th day of October, 1953. E. Alvin Foster, Edwin S. Kemp, Representatives, Clayton County. Approved December 7, 1953. PAVO CHARTER AMENDED. No. 517 (House Bill No. 819). An Act to amend the charter of the City of Pavo, Georgia, in the Counties of Thomas and Brooks, approved August 21, 1911, which charter was amended on August 11, 1913, on pages 1096 and 1097 of the Georgia Laws of 1913, and on July 30, 1927, on pages 1465-1470 of the Georgia Laws of 1927, and on February 12, 1952, on pages 2390-2392 of the Georgia Laws of 1952; to provide a change in the ad valorem rate from one and one-fourth percent to two percent and to provide for the election of a mayor and five councilmen and their terms of office.

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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 the charter of the City of Pavo, in the Counties of Thomas and Brooks, of said State, referred to in the caption of this Act, be, and the same is hereby, amended by deleting from lines 3 and 4 of Section 42 thereof the words one and one-fourth percent and substituting in lieu thereof the words two percent, so that Section 42 shall read as follows: Sec. 42 of charter amended. Section 42. Be it further enacted, that the mayor and council of Pavo shall have power and authority to levy and collect a tax annually of not exceeding two percent upon all and every species of property, both real and personal, within the limits of the City of Pavo, including bonds, notes, debts, choses in action, money employed in banking and otherwise; the aforementioned annual tax rate to be effective January 1, 1954. Tax rate. Section 2. Be it further enacted by the authority aforesaid, that Section 2 of said Act as amended be amended by striking the same and the following substitute in lieu thereof: Sec. 2 amended. Section 2. Be it further enacted by the authority aforesaid, that the governing body of the City of Pavo, in the Counties of Thomas and Brooks, shall consist of a mayor and five councilmen. An election of said officers shall be held on the third Monday in December, 1953, and said officers so elected shall take office on the first Monday night in January, 1954. The mayor so elected and qualified shall serve for a term of two years; and biennially thereafter an election shall be held for mayor on the third Monday in December and the officer so elected shall take office on the first Monday night in January, next, to serve for a term of two years. The two councilmen who shall receive the highest number of votes in said election shall serve for a term of two years and the three councilmen receiving the next highest number of votes shall be elected for a term of one year. Annually thereafter, on the third Monday in December, an election shall be held to elect councilmen to succeed those

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whose terms have expired, and those so elected shall qualify on the first Monday night in January, next, and shall serve for a term of two years. The mayor and all councilmen so elected shall serve until their successors are elected and qualified. Mayor and council. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Georgia, Thomas County. Personally appeared before me, a notary public, the undersigned, W. D. Hargrave, who, on oath, says that he is business manager of The Times-Enterprise, Weekly Edition, a newspaper published in the City of Thomasville, Georgia, being of general circulation and being the legal organ for the County of Thomas, 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 October 2, October 9 and October 16, 1953. Notice of Proposed Legislation. 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 to be as follows: An Act to amend the charter of the City of Pavo, Georgia, in the Counties of Thomas and Brooks, approved August 21, 1911, which charter was amended on August 11, 1913, on pages 1096 and 1097 of the Georgia Laws of 1913, and on July 30, 1927, on pages 1465-1470 of the Georgia Laws of 1927, and on February 12, 1952, on pages 2390-2392 of the Georgia Laws of 1952; to provide a change in the ad valorem rate from one and one-fourth percent to two percent and to provide for the election of a mayor and five councilmen and their terms of office.

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By authorization of the Mayor and Council of the City of Pavo, Georgia. Titus, Altman Johnson, City Attorneys. /s/ W. D. Hargrave Sworn to and subscribed before me, this the 30th day of October, 1953. /s/ Rebekah Morton Notary Public. Notary Public For Georgia, Residing in Thomas County. (Seal) My commission expires Sept. 14, 1955. Approved December 9, 1953. WASHINGTON CHARTER AMENDED. No. 518 (Senate Bill No. 203). An Act to amend an Act creating a new charter for the City of Washington, Georgia, approved July 29, 1929 (Ga. Laws 1929, p. 1396), so as to change the term of office for the mayor and council to four years; to provide that at the election to be held in Washington during January 1955 the mayor and there councilmen shall be elected for four years, and three other councilmen shall be elected for two years; to provide that thereafter, all such officers shall be elected for four 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 City of Washington, Georgia, approved July 29, 1929 (Ga. Laws 1929, p. 1396), is hereby amended by striking

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therefrom Section 4, relating to the election of the mayor and council, and by substituting in lieu thereof a new Section 4 to read as follows: Section 4. Except as hereinafter provided, the mayor and council shall be elected for terms of four years each and until their successors are duly elected and qualified, which election shall be held biennially at the courthouse in said city. Should there for any cause fail to be an election at the time specified, or should any vacancy occur from death, removal from the city, or other cause, the mayor and council, or the council if the vacancy aforesaid be as to the mayor's office, shall order an election to be held, and shall post a notice of the time of said election on the courthouse door in Washington, Georgia, for at least ten days previous thereto. At all such elections the polls shall be open not earlier than nine o'clock, A. M., and shall close at six o'clock, P. M., eastern time. All elections under this Act shall be held by a judge or justice of the peace, or ordinary of Wilkes County, assisted by two freeholders of the city, or they may be held by three freeholders of the city. Such elections shall be conducted under the rules and regulations governing elections for members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept after the polls are closed. The managers shall count the votes, declare the result, and certify the same to the mayor and council, who shall record the same on their book of minutes. The managers shall deposit with the mayor all papers pertaining to said election, who shall preserve them unopened for ten days, and then destroy them unless notice of a contest has been filed. All contests shall be conducted as prescribed by law. At the regularly scheduled election to be held in said city during January, 1955, the mayor shall be elected for a term of four years and until his successor is duly elected and qualified. The three candidates for council receiving the highest number of votes shall be elected for terms of four years each and until their successors are duly elected and qualified. The three candidates receiving the next highest number of

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votes shall be elected for terms of two years each and until their successors are duly elected and qualified. Thereafter, all candidates for mayor and council shall be elected for terms of four years each, as heretofore provided. The present mayor and council shall serve out the remainder of the unexpired terms. Election of mayor and councilmen. Section 2. 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 John E. Stoddard, who, on oath, deposes and says that he is Senator of 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Reporter, which is the official organ of Wilkes County, on the following dates: 29 October 1953; 5 November 1953; and 12 November 1953. John E. Stoddard, Senator, 50th District. Sworn to and subscribed before me, this 20th day of November, 1953. J. H. Duggan, Jr., Notary Public. Approved December 9, 1953. VIDALIA CHARTER AMENDED. No. 519 (Senate Bill No. 199). An Act to amend an Act creating a new charter for the City of Vidalia, approved August 8, 1922 (Ga. Laws 1922, p. 1004), as amended, so as to provide for the meeting at which the mayor and council shall elect city tax assessors; 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 creating a new charter for the City of Vidalia, approved August 8, 1922 (Ga. Laws 1922, p. 1004), as amended, is hereby amended by striking from Section 64 the words at their first meeting in June of each year and inserting in lieu thereof the words at their first meeting in January of each year, so that when so amended Section 64 shall read as follows: Sec. 64 amended. Section 64. Be it further enacted, that said mayor and council shall, at their first meeting in January of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city, and owners of real estate therein, as city tax assessors, whose terms of office shall be one year. Said city tax assessors shall at any time be removed from office by the mayor and council, for good and sufficient cause to be judged by said mayor and council, and all vacancies occurring from any cause may be filled by the mayor and council at any time. It shall be the duty of said tax assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when in their judgment the value therefor is too small. The mayor and council shall have the authority to prescribe rules for the government of said city tax assessors. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. If any taxpayer is dissatisfied with the assessment made of his property, either real or personal, by said assessors, such taxpayer shall, within ten days after the assessors have made their return to the mayor and council, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk, it shall be his duty to

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notify the mayor of the fact, and it shall be the duty of the mayor to forthwith name an arbitrator to represent said city in fixing the value of the property in dispute, and the two arbitrators so elected shall be immediately notified by the city clerk and shall forthwith select an umpire and the board of arbitrators so constituted shall immediately proceed to give their awards as to the value of such property, which awards shall be returned to the city clerk, and shall be final on both the city and the taxpayer. The city assessors shall take such oaths and receive such compensation as the mayor and council may prescribe; they shall have the power to require any tax-payer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments wherever in their opinion the same is necessary for a correct assessment and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. The mayor and council shall have the power and authority to pass such ordinances as are required to effectuate this section. Tax assessors. Assessments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 9, 1953. ROME RETIREMENT SYSTEM. No. 520 (Senate Bill No. 190). 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 13 of the Act approved February 16, 1943,

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(Ga. Laws, pp. 1560-71) pertaining to the employees covered and excluded under the Rome Retirement Fund; by providing that a certain number of school teachers who have at least three years or more credit established under the Teachers' Retirement System of Georgia as codified in Chapter 22-29 of the Code of Georgia, shall be exempted and excluded from the Rome Retirement System at their option; 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 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 13 of an Act approved February 16, 1943, (Ga. Laws, pp. 1560-71) amending an Act entitled, An Act to create a new charter 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 laws in conflict therewith, approved August 19, 1918, be and the same is hereby amended by adding the following to said Section 13 of said amendment, Provided further, however, that any public school teacher who has at least three (3) years or more credit established under the Teachers Retirement System of Georgia, as passed by the General Assembly and codified in Chapter 22-29 of the Code of Georgia and who is employed on a monthly basis by the city after the date of the approval of this Act is exempted and excluded from participation in and the benefits of this retirement system at his or her option. Said teacher shall exercise this option to be so exempted and excluded within thirty (30) days from the first day of his or her initial monthly employment by the city. Except, however, no more than five such school teachers

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can be so exempted and excluded hereunder at any given time, so that Section 13, when so amended, shall read as follows: Sec. 13, Act of 1918, amended. Section 2. Section 13. Employees subject to the provisions of this Act shall be all employees of the City of Rome who receive monthly salary such as school teachers, firemen, policemen, clerks, mechanics and persons of skill. Occasional and temporary employees, day laborers and persons working for weekly wages are not subject to the provisions of this Act and their employment as such shall in no event be or become a part of their term of employment should they afterwards become employees subject to the provisions of this Act. Employees included. Provided further, however, that any public school teacher who has at least three (3) years or more credit established under the Teachers Retirement System of Georgia, as passed by the General Assembly and codified in Chapter 22-29 of the Code of Georgia and who is employed on a monthly basis by the city after the date of the approval of this Act is exempted and excluded from participation in and the benefits of this retirement system at his or her option. Said teacher shall exercise this option to be so exempted and excluded within thirty (30) days from the first day of his or her initial monthly employment by the city. Except, however, no more than five such school teachers can be so exempted and excluded hereunder at any given time. School teachers. Section 3. All laws and parts of laws in conflict herewith are hereby expressly repealed. Section 4. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Affidavit of publication attached to enrolled copy. Approved December 9, 1953.

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CARSONVILLE CHARTER. No. 521 (Senate Bill No. 164). An Act to incorporate the City of Carsonville in the County of Taylor; 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 waterworks, sewers, gas 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 Carsonville in the County of Taylor is hereby incorporated under the name and style of the City of Carsonville. Said City of Carsonville, 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. Said corporate body under the name and style of the City of Carsonville 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

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to 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 Carsonville for corporate purposes. The said city, through its mayor and council as hereinafter provided for, shall have special power to make and enter into contracts and agreements, as it may deem necessary for the welfare of the city or its citizens and specially to make contracts with public or private electric light or power plants, 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. Incorporation. Section 2. The corporate limits of the City of Carsonville shall extend for a radius of one-half mile, in all directions, from M. T. Gaultney's store, in Taylor County, Georgia. Limits. Section 3. The government, supervision, powers, and control of said City of Carsonville shall be vested in a mayor and four councilmen to be known as city council. The mayor and councilmen shall be elected from the city at large in the manner hereinafter provided. The term of the mayor shall be for four years and the term of each councilman shall be for four years. Mayor and councilmen. Section 4. Within thirty days after the approval of this Act, it shall be the duty of the Ordinary of Taylor County to call an election for the purpose of electing a mayor and four councilmen. Their election. Section 5. Any person who is a resident of said city and has been a resident thereof for the six months immediately preceding the date of the election and who is at least twenty-one years of age and a qualified voter of Taylor County shall be eligible to be elected as mayor or councilman. Should the mayor or any councilman

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remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Qualifications. Section 6. Before entering upon their duties as mayor and council of said city, 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 Carsonville. 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. Oath. Section 7. The mayor and councilmen shall constitute the city council of said city and as such shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, railroad crossings, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, livery stables, sales stables, warehouses, storehouses, hitching places, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places or amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said city, for the preserving of the peace, good order and dignity of said government. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts herefore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act. Said city council shall have the authority and power to negotiate for loans, to borrow money on behalf of the City of Carsonville, to pledge the property and assets of said

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city as security, and to execute such and all instruments they deem necessary for any loan made to said city. The mayor and three councilmen shall constitute a quorum for the transaction of any business before the city council at its regular meeting, and th mayor and three councilmen shall constitute a quorum for the transaction of any business at a called meeting, and a majority of the votes of those present shall determine all questions coming before council. Their powers. Section 8. The Mayor and Council of Carsonville shall have authority to call special elections to fill any vacancy caused by any reason, after at least one publication in a local newspaper in the county, and said mayor and council may prescribe all rules and regulations for the holding of such election. Elections to fill vacancies. Section 9. Said mayor and council shall prepare a book to be called the permanent registration book, which shall contain all the names of the qualified voters in said city desiring to vote. The registration of citizens as herein provided shall be made at least ten days before any election and to be eligible to be an elector, the citizen must be registered in the registration book as provided for herein at least ten days prior to any election to be held by said city. Registration of voters. Section 10. The mayor of said city shall be the chief executive officer of the City of Carsonville. He shall see that all laws, ordinances, resolutions, and rules of said city are faithfully and fully executed and enforced, and that all officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city. He shall preside at all meetings of the city council, and shall vote only in case of a tie vote of council and as specified hereinafter. Mayor. Section 11. The council shall elect, from one of their members, a mayor pro tem., to serve in the absence of the mayor for any cause. In case of death of mayor,

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said mayor pro tem. shall serve as mayor until the next regular election. Mayor pro tem. Section 12. The City of Carsonville is hereby granted the power and privilege of eminent domain, and the city council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said city, for public parks, playgrounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage, or trash, and for any other public purposes and improvements. Eminent domain. (b) The said city is hereby authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the city. (c) The city council shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said city and to open, lay out, and establish any new street, alley, lane, walk or square, any building or bridge, of whatsoever nature. The power and authority of eminent domain is granted to said city for these purposes and should eminent domain be exercised the laws of Georgia in force at the time eminent domain is exercised by the city shall govern the procedure. Streets, alleys, etc. Section 13. The mayor and council may elect a city clerk, city treasurer and such other officials as they deem necessary to manage all business affairs of the city as may be required by said mayor and council. Clerk, treasuer. Section 14. The city council is further authorized and empowered to elect a chief of police, policemen, health officer, building inspector, chief of fire department, city physician, city attorney, a city engineer, waterworks superintendent, cemetery keeper, and such other officers and employees as said city council may deem necessary for the City of Carsonville, and may abolish

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said offices or discharge said officers and employees at their pleasure. Other officers and employees. Section 15. The city council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The city council is authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return, and city council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm or corporation failing to make such return. Taxation. Section 16. The city council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the City of Carsonville, 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 Carsonville to make application for a license or permit, and to pay a tax or license fee to the City of Carsonville. City council is granted the power and authority to assess such tax or license fees as referred to in this section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the same. Nothing in this section regarding the payment of a license fee or tax shall apply to that person, firm or corporation which may exempt from the payment of the same by the laws of this State or of the United States, but city council is granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the City of Carsonville. Licenses and permits. Section 17. The said city council shall have the right

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and power to raise necessary revenue to properly carry on the government of said city, to build and repair sewers, water lines, procure water supplies, to make, open, grade, pave, repair and keep in order the lanes, streets, sidewalks, bridges, and drains of said city, to light the same, to properly police the same, to pay salaries, costs and expenses of city officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices and to furnish, maintain, and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payment of debts of the city, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, play grounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the discretion of city council to add to the comfort, safety, convenience, benefit, health, advantage of said city and the citizens thereof, and for the improvement of said city as may in their best judgment be necessary and for other purposes, in order to properly carry on the city government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of the said city, as council may determine, subject under the law to pay such tax. Also to tax not exceeding five per centum of the value on all the property within the corporate limits of said city; also to impose and collect such tax or license fee as the city council may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax or license under the laws of this State or the United States, and may enforce the payment of the same by license or direct tax in such manner and by such methods as city council may deem to the best interest to said city; but all taxation and property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed in said city. General powers of city. Tax powers.

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Section 18. The mayor and councilmen of said City of Carsonville shall have authority and power to provide by ordinance or otherwise when tax returns shall be made, to provide means and methods as well as forms for the returning of property for taxation, and to provide penalties for failure to make returns as required. The city council shall have authority and power to provide when taxes shall become due; when taxes shall become delinquent and past due, and fix a penalty for the non-payment of taxes or any part thereof, to offer a discount for payment of taxes within specified periods; also to order and issue tax executions against all persons, firms or corporations who do not pay their taxes when due. When such execution is issued by the City of Carsonville, the same shall be a lien against all the property owned by the taxpayer who is the defendant in fi. fa. and may be levied by the city marshal or any other authorized by the laws of this State to make levy and sale. The city marshal is authorized and empowered to levy upon any property of the delinquent taxpayer and advertise and sell the property so levied upon in the same procedure as sheriffs of this State. Tax returns and payment. Executions. Section 19. It shall be the duty of the mayor and council where any property has not been returned by the owner for taxes as required by the ordinances in force and charter of said city to make out a return for each defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by them for failure to make returns of property for taxation. Property not returned. Section 20. In all cases where a change is made by the council in the return of the taxpayer, the council shall notify the taxpayer in writing of the change made in the tax return, setting forth in the notice the items changed or added, and the valuation placed thereon and advising the taxpayer of the time, place and hour when a hearing will be accorded. This notice shall be served upon the taxpayer at least five days prior to the date set for a hearing. In cases of nonresidents, notice

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shall be served by mailing same to his last known address ten days prior to the date set for said hearing. The posting of such letter properly stamped in the post office at Carsonville shall be sufficient service. Changes in returns. Section 21. The City of Carsonville is granted power and authority to issue executions and fi. fas. against any person, firm or corporation for any debt or claim the city may have against said person, firm or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines, and forfeitures, charges for laying sewers and water pipes for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the city, and said city may sell such property as now provided for holding sheriff's sales. Executions. Section 22. The city council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining or otherwise improving the streets, sidewalks, ways and alleys of said city and the assessment of any or all the costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments. Streets, sidewalks, etc. Section 23. The city council shall have the power and authority to issue bonds of said City of Carsonville at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of five percent per annum, and not run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of city council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of

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street lights, either gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings and fire department, a hospital and drainage, and a distribution system for natural or other gas. Bonds. Section 24. The said city, by and through its city council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenue therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and Acts amendatory thereof. Revenue-producing projects. Section 25. The city council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said city places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said city by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the city from street tax; to protect the person or property of the citizens of said city; to regulate and control public meetings and public speaking in the streets of Carsonville; to contribute and support any work for the physical and moral uplift and benefit of the people of the city; to prevent the obstruction of the streets of said city, or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to

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supervise and control it whether inside or outside the city limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Police and welfare powers. Section 26. The city council shall have authority to establish a city jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safe keeping and said city shall have the right to establish a public works gang for the purpose of working the streets and other municipal work of said city. The presiding officer at the mayor's court is granted authority to sentence any person convicted of the violence of any ordinance or law of said city to a term in jail, a term on the public works gang, a fine, any one or all of said penalties. City council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp. Jail and public works camp. Section 27. The mayor's court shall have power and authority to preserve order during its session, to compel the attendance of witnesses, to punish for contempt for not more than 5 days in jail or not to exceed $50.00 fine or both, to issue warrants for arrest, to act with same powers and authority of an ex officio justice of peace in binding over to a higher court and assessing bond therefor. It is further provided that city council may have the same rights as mayor's court to punish for contempt when in regular or called session. All fines may be collected by execution issued by the clerk of council and levied as other executions. Mayor's court. Section 28. The city council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said city and upon the streets, railroads, alleys, or other places in said city. Vehicles. Section 29. The city council may declare what shall be a nuisance in said city, and provide for the abeyance

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of the same at the expense of the person causing same; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. Nuisances. Section 30. The city council is authorized and empowered to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utilities service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said city. The city council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the city council may deem necessary. The said city shall have the right to obtain by purchase, gift or condemnation such right of ways and easements as may be necessary for the purposes as provided for in this section. Utilities. Section 31. The city council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the city limits or within the extra mile limit without the city limits as referred to herein where the sale, storage, or possession of malt or alcoholic beverages or drinks have a tendency to adversely affect the moral, physical or health conditions of said city or the inhabitants thereof. Alcoholic beverages. Section 32. The mayor of said city shall have the power and authority to hold a court to be known as mayor's court at such time and place in said city as he or the city council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances, or laws of said city. (b) The mayor is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances, or

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laws of said city and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed two hundred dollars, or by confinement in the city jail or stockade or elsewhere in a place of confinement as may be designated by the mayor or city council, not to exceed sixty days, or by labor on the streets or public works of said city under the control, supervision and discretion of the proper officers not to exceed four months. The mayor may sentence the defendant to either one or more of said penalties or any part hereof. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The mayor may also require that the costs of prosecution shall be paid by the defendant. Mayor's court. (c) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said mayor's court, the same may be enforced and collected by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes. Section 33. The provisions of this Act are declared to be severable, and should any section or part hereof be held invalid as being contrary to the laws of the State of Georgia or of the United States, the remainder of said Act shall remain in full force and effect. Section 34. All laws or portions or laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 9, 1953.

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FITZGERALD CHARTER AMENDED. No. 522 (House Bill No. 733). An Act to amend an Act mending 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 the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by adding to said charter a new section to be known and designated as Sec. 120, and to read as follows: Sec. 120. Be it further enacted by the authority aforesaid, (a) That there be and is hereby given to and vested in the City of Fitzgerald, a municipal corporation, the right of eminent domain and the right, power and authority to condemn and take private property, or any interest therein, for any public use, including the right to condemn and take private property for use for opening, laying out, extending, widening or altering streets, sidewalks, alleys and public ways, for use for any educational and public school purposes, either for building sites, playgrounds, athletic fields, recreation facilities, or any other purpose in connection with its common or grade schools, high schools, or other school or educational program which is now or may hereafter be authorized by law, for use as public parks, playgrounds, athletic fields and recreation centers, for use for libraries, auditoriums, hospitals, city hall, jail and other

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municipal buildings, for use as cemeteries, for use as airports, for use as part of or in connection with its water, gas and electrical distribution systems or other public utilities and for use as sites for plants and other facilities in connection therewith, for use as part of or in connection with its sewerage system and installations for sewage disposal and for use as sites for plants and other facilities in connection therewith, for use for incinerators and the disposal of garbage and refuse, and for any other public use necessary for the health, safety or welfare of its inhabitants; and said City of Fitzgerald is hereby given full power and authority to take any and all proceedings necessary in so doing and provide for payment and to pay to the owners of any property so condemned and taken the damages incident to such condemnation. Eminent domain. (b) The rights, powers and authority hereby conferred upon said city may be exercised in acquiring property necessary for public use even though such property be owned by corporations or associations engaged in the operation of public utilities, or by any other corporation of a quasi public nature; provided, however, that no such condemnation shall result in the taking of the primary business of any such utility. (c) The right of eminent domain and the right, power and authority to condemn and take private property for public use so vested in and given to said City of Fitzgerald under the provisions of subparagraph (a) of this section may be exercised by said city at any time for the purpose of acquiring for public use any private property situated within the corporate limits of said City of Fitzgerald. (d) The right of eminent domain and the right, power and authority to condemn and take private property for public use so vested in and given to said City of Fitzgerald under the provisions of subparagraph (a) of this section may be exercised by said city at any time for the purpose of acquiring any private property situated without the corporate limits of said City of Fitzgerald

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whenever in the judgment and discretion of its mayor and council it is necessary, expedient or to the best interest of said city so to do. (e) The right of eminent domain and the right, power and authority to condemn and take private property for public use so vested in and given to said City of Fitzgerald under the provisions of subparagraph (a) of this section shall include condemnations in rem. (f) Whenever property is condemned for use as sites for buildings, plants or other facilities of a permanent nature, or whenever in the judgment of the mayor and council of said city it is necessary so to do, the said City of Fitzgerald may acquire the fee-simple title to any such property so condemned. The interest to be acquired in any such condemnation shall be specified in the resolution of the mayor and council declaring the necessity therefor. (g) The proceedings taken by said City of Fitzgerald in the exercise of its right of eminent domain and of the right, power and authority to condemn and take private property for public use as provided for in this section shall be taken in any manner now provided or which may hereafter be provided under the laws of the State of Georgia for the condemnation of private property for public use, including condemnation in rem. Such proceedings shall be brought by and in the name of said City of Fitzgerald. (h) Before commencing any such condemnation proceedings the mayor and council of said city shall, by resolution, declare the necessity therefor and the title or interest to be acquired in such property and shall designate the officer or officers of said city who shall act in its behalf in so doing. All such proceedings shall be instituted in the name of the City of Fitzgerald. Section 2. Be it further enacted by the authority aforesaid that the existing charter of the City Fitzgerald, as contained in the Act approved August 17,

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1914, and all Acts amendatory thereof, be, and it is hereby, amended by adding to said charter a new section to be known and designated Sec. 121, and to read as follows: Sec. 121. Be it further enacted by the authority aforesaid, (a) That the City of Fitzgerald, acting by and through its water, light and bond commission, is hereby vested with and given and shall have the right, power and authority to extend fire protection to and to furnish the use of its firefighting facilities for the protection of property located outside of and beyond its corporate limits but within its urban area, subject, however, to the conditions, restrictions and limitations hereinafter set out. Fire protection outside corporate limits. (b) The extension of fire protection to property lying without the corporate limits of said City of Fitzgerald shall be optional with said city and such protection may only be extended to property outside its corporate limits when its water, light and bond commission, with the approval of its mayor and council, shall have determined so to do. The necessity therefor shall be determined solely by said bodies and the judgment and discretion of its water, light and bond commission and its mayor and council in determining whether such fire protection shall be extended to property outside of its corporate limits shall be conclusive and final. The said City of Fitzgerald shall be under no duty or obligation to extend such fire protection to any property outside of and beyond its corporate limits, but may do so at its option as a privilege which it may withdraw at any time. The extention of such fire protection to property lying outside its corporate limits shall be and is hereby declared to be a governmental function of said city. (c) The extension of such fire protection to and the use of its fire-fighting facilities for the protection of property lying outside of the corporate limits of said

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city shall, excepting only as hereinafter provided, be limited to those properties which are situated within a distance of not more than one (1) mile of the corporate limits of said city, are served by the water mains of said city, are within one thousand feet of a standard fireplug connected with at least a six-inch water main and are properties on which the owners or occupants thereof shall have paid and are paying the cost of such service as determined in the manner hereinafter set out. An exception may be made in the case of any industry which is now or may hereafter be located or situated more than one mile from the corporate limits of said city and any such industry may be furnished fire protection whenever it is determined by the water, light and bond commission of said city, with the approval of its mayor and council, that it is necessary and expedient so to do, and such extension of fire protection to any such industry shall meet the other conditions herein set out. Fire protection outside corporate limits. (d) No such protection shall be extended to any property outside the corporate limits of said city unless and until the necessary mains and fireplugs have been laid and installed and no such mains and fireplugs shall be laid and installed unless adequate funds are in the hands of the water, light and bond commission of said city for the payment of the entire cost thereof and it shall appear that the charges for such service will be sufficient to repay the cost of installation within a period of five (5) years and in addition thereto shall furnish sufficient revenue to provide a reasonable proportionate share of the cost to said city of furnishing personnel and equipment for fighting fires. (e) The water, light and bond commission of said city shall have full power and authority to fix and prescribe all necessary rules and regulations under which such fire protection is furnished and to change the same at any time; and to fix and prescribe the rates to be charged for such fire protection outside the corporate limits of said city and to alter, change, amend, increase and decrease such rates from time to time as they in

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their discretion may determine; and to provide for the collection of and to collect the charges therefor, such charges to be payable monthly; provided, however, that the rates so charged shall at no time be less than one ($1.00) dollar per month for each residential unit, two ($2.00) dollars per month for each commertial unit, and three ($3.00) dollars per month per each industrial unit. Such charges shall at all times be sufficient to provide for maintenance, repair and depreciation of the water mains and fireplugs necessary in furnishing such service and a reasonable amount to cover the proportionate part of the expense incurred by said city in maintaining its personnel and equipment for fighting fires: (f) No water service shall be furnished to any property situated within any area covered by fire protection unless the owner or occupant of such property is paying the appropriate charge for such fire protection. (g) No fire protection and no use of its fire-fighting facilities shall be extended or afforded or furnished by the City of Fitzgerald to any property outside its corporate limits except those to which fire protection shall have been extended as herein provided and for which the owners or occupants of such properties shall have paid the monthly charge required therefor; provided, however that said City of Fitzgerald shall have the right in emergencies to furnish to neighboring municipalities the use of a portion of its fire-fighting personnel and equipment where such municipalities can be expected to furnish similar aid to it under like conditions. Section 3. Be it further enacted by the authority aforesaid that if any section, subsection or other portion of this Act be declared unconstitutional or void, the remaining sections, subsections or portions thereof shall not be affected thereby and shall be and 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

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this Act be, and the same are hereby, repealed. Section 5. 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 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 the adjourned meeting of its regular session for the year 1953, (which said adjourned meeting will be held in November of 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 thereof, and for other purposes. This 20th day of October, 1953. A. A. Boggus, Representative from Ben Hill County, Georgia.

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State of Georgia, County of Ben Hill. The undersigned, J. J. Pryor, 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 one of the editors and publishers of the Fitzgerald Herald; that said Fitzgerald Herald is a newpaper 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. 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 October 23rd, 1953, October 30th, 1953, November 6th, 1953, and November 13th, 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 14th day of November, 1953. /s/ J. J. Pryor J. J. Pryor Address: Fitzgerald, Georgia. Approved December 9, 1953.

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CHATTOOGA CITY COURT. No. 523 (House Bill No. 981). An Act to amend an Act creating the City Court of Chattooga County, approved March 10, 1941 (Ga. Laws 1941, pp. 621-634), and all Acts amendatory thereof, more especially an Act approved February 23, 1943 (Ga. Laws 1943, p. 728); an Act approved March 26, 1947 (Ga. Laws 1947, p. 831); and an Act approved February 17, 1950 (Ga. Laws 1950, p. 2369), so as to provide that in all cases, civil and criminal, in said court which are to be tried by a jury, the same shall be tried by a jury of five jurors; to provide the manner of drawing, the number of, and the impaneling of, jurors in said court; to provide the number of peremptory challenges to which the parties shall be entitled in cases tried before a jury; 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 City Court of Chattooga County, approved March 10, 1941 (Ga. Laws 1941, pp. 621-634), and all Acts amendatory thereof, more especially an Act approved February 23, 1943 (Ga. Laws 1943, p. 728); an Act approved March 26, 1947 (Ga. Laws 1947, p. 831); and an Act approved February 17, 1950 (Ga. Laws 1950, p. 2369), is hereby amended by striking therefrom Section 27, relating to drawing of jurors, and substituting in lieu thereof the following: Sec. 27 amended. Section 27. The trial of issues of facts in all cases in said court, when either party is entitled to a jury trial, 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

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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 peremptorily and the State four, thus leaving five jurors, which shall constitute the jury to try the case. Juries. Section 2. Said Act is further amended by striking therefrom Section 29, relating to impaneling and striking of jurors, and substituting in lieu thereof the following: Sec. 29 amended. Section 29. (a) From the list of the traverse jurors of the Superior Court of Chattooga County as provided from time to time for such superior court, the Clerk of the City Court of Chattooga County shall prepare a separate ticket bearing the name of each traverse juror whose name appears upon said superior court traverse jury list, and showing the number of militia district in which each juror resides, and shall deposit said tickets in a box to be prepared for that purpose, from which shall be drawn twenty traverse jurors in the manner as now required by law in the superior courts, and as many more jurors may be drawn as are, in the discretion of the judge, necessary to provide for the efficient trial of cases. 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 Chattooga County. All exemptions from jury duty now in force in the County of Chattooga, shall apply and be of effect in the said city court. How drawn, etc. (b) The jurors thus drawn shall receive the same pay that jurors are paid in Chattooga County Superior Court, same to be paid under the rules governing the payment of superior court jurors. Compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Chattooga County: Legal Notices. To Whom It May Concern: 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 entitled, An act to amend an Act of the legislature relative to the City Court of Chattooga County, Georgia, said Act to change the number of jurors, and for other purposes. This 10th day of November, 1953. Paul B. Weems James H. Floyd Nov. 26 Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul B. Weems and James H. Floyd, who, on oath, depose and say that they are Representatives from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of Chattooga County, on the following dates: November 12, 1953; November 19, 1953; and November 26, 1953. /s/ Paul B. Weems Representative, Chattooga County /s/ James H. Floyd Representative, Chattooga County Sworn to and subscribed before me, this 26th day of November, 1953. /s/ Archie Warren Notary Public, Georgia, State at Large. My commission expires 1-1-57. Notarial Seal Affixed. Approved December 9, 1953.

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MACON PENSION SYSTEM. No. 524 (House Bill No. 983). An Act to repeal an Act (Ga. Laws 1943, p. 1432) entitled An Act to amend the Act of the General Assembly of Georgia re-enacting and amending the charter of the City of Macon approved August 3, 1927, by authorizing the board of water commissioners to provide for the retirement of employees of the board of water commissioners on account of disability or age, to levy a tax or assessment upon the compensation of said employees, and for other purposes, as the same might have been amended; and to repeal an Act (Ga. Laws 1951, p. 2567) entitled An Act to amend the Act of the General Assembly of Georgia re-enacting and amending the charter of the City of Macon, approved August 3, 1927; to amend an Act of the General Assembly of Georgia approved February 16, 1943, amending said charter approved August 3, 1927: To provide a pension, disability benefits and retirement plan for the employees of the Board of Water Commissioners of the City of Macon on account of disability or age; to levy a tax or assessment upon the compensation of said employees therefor; to provide for the assumption and carrying on of such plan by the City of Macon in the event of the discontinuance or dissolution of the board of water commissioners; to consolidate the plan now in effect and provided for by said Act approved February 16, 1943, with this plan; to provide for the payment of pensions to widows and children of deceased employees under certain conditions; to provide for the administration of said plan and the payment of the disability, retirement and pension benefits; to provide for return of contributions by employees under certain conditions; to provide for reduction of benefits in certain cases; and for other purposes, as the same might have been amended; to recognize, continue and protect certain vested rights in both of said repealed Acts; to provide for the coverage of certain officers and employees of the Board of Water Commissioners of the City of Macon under the

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old age and survivor's insurance provisions of Title 2 of the Federal Social Security Act, as amended; to authorize the Mayor and Council of the City of Macon, by and through its mayor, to execute, perform and exercise, for and on behalf of the Board of Water Commissioners of the City of Macon, contracts commitments and powers as provided by Georgia Laws 1951, page 457, A Constitutional Amendment (Proposed, Ga. Laws 1952, 601), Georgia Laws 1953, p. 253, all relating to coverage under the Federal Social Security Act, and as any of said Acts may have been or may be amended, re-enacted or changed; to authorize payments by the Board of Water Commissioners of the City of Macon from its general funds to secure such coverage; to authorize payment by the board of water commissioners from its general funds the amount necessary for both employer and employee contributions to make the effective date of the coverage retroactive to January 1, 1951; 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. From and after the passage of this Act, an Act (Ga. Laws 1943, p. 1432) entitled An Act to amend the Act of the General Assembly of Georgia re-enacting and amending the charter of the City of Macon, approved August 3, 1927, by authorizing the board of water commissioners to provide for the retirement of employees of the board of water commissioners on account of disability or age, to levy a tax or assessment upon the compensation of said employees, and for other purposes, as amended, be, and the same is hereby repealed. Act of 1943 repealed. Section 2. From and after the passage of this Act, an Act (Ga. Laws 1951, p. 2567) entitled An Act to amend the Act of the General Assembly of Georgia reenacting and amending the charter of the City of Macon,

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approved August 3, 1927; to amend an Act of the General Assembly of Georgia approved February 16, 1943; amending said charter approved August 3, 1927; to provide a pension, disability benefits and retirement plan for the employees of the Board of Water Commissioners of the City of Macon on account of disability or age; to levy a tax or assessment upon the compensation of said employees therefor; to provide for the assumption and carrying on of such plan by the City of Macon in the event of the discontinuance or dissolution of the board of water commissioners; to consolidate the plan now in effect and provided for by said Act approved February 16, 1943, with this plan; to provide for the payment of pensions to widows and children of deceased employees under certain conditions; to provide for the effective date hereof; to provide for the administration of said plan and the payment of the disability, retirement and pension benefits; to provide for return of contributions by employees under certain conditions; to provide for reduction of benefits in certain cases; and for other purposes, as amended, be, and the same is hereby, repealed. Act of 1951 repealed. Section 3. The rights of any persons who, upon the effective date of this Act, are receiving or who are entitled to immediately, at the time of the effective date of this Act, receive, and who make application within thirty days of the effective date of this Act to receive benefits under the terms and conditions of either of the Acts hereby repealed, shall continue in force under the terms and conditions of the respective repealed Acts. Vested rights. Section 4. Any person who has not waived or does not waive repayment shall, upon application made within thirty days following the effective date of this Act, be entitled to repayment of contributions made by such person to the pension fund created under the terms of the Acts repealed hereby, except that no person receiving benefits, or who makes application to receive benefits as provided by Section 3 of this Act, under the terms and conditions of either of the Acts repealed hereby, shall be entitled to repayment of such contributions. Return of contributions.

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Section 5. From and after the passage of this Act the Mayor and Council of the City of Macon, by and through its mayor, be, and is hereby, authorized to provide coverage for eligible officers and employees of the Board of Water Commissioners of the City of Macon under the old age and survivor's insurance provisions of Title 2 of the Federal Social Security Act, and as the same is or may be amended, under the provisions thereof and regulations and requirements issued pursuant thereto, including authority for the board of water commissioners to contract and pay, out of the general funds of the board of water commissioners, both employer and employee contributions necessary to secure an effective coverage date of January 1, 1951. Coverage under Federal Act. Section 6. For the purpose of securing and continuing the coverage provided for in Section 5 of this Act, the Mayor and Council of the City of Macon, by and through its mayor, be, and is hereby authorized to execute, perform and exercise all contracts, commitments and powers provided and set forth in an amendment to the Constitution of the State of Georgia, proposed by a resolution of the General Assembly of Georgia (Ga. Laws 1952, p. 601) and in the Acts of the General Assembly of the State of Georgia (Ga. Laws 1951, p. 457 and Ga. Laws 1953, p. 253), and as the same, or any of them have been or may be amended, re-enacted or changed, it being the intent and purpose hereof to grant to the Mayor and Council of the City of Macon, to be exercised by and through its mayor, the powers permitted by such amendments and enactments, as the same have been recorded, even though the same may not as of the effective date of this Act be finally effective or valid. Section 7. The Board of Water Commissioners of the City of Macon be, and is hereby, authorized to pay from its general funds the sums necessary to fulfill all the obligations assumed or incurred on its behalf pursuant to the authority granted by this Act. Section 8. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

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Section 9. This Act becomes effective immediately upon its passage and approval. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who and each of them, first being duly sworn, depose and say That they, and each of them, are Representatives of Bibb County, Georgia, and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on November 14, November 20 and November 25, 1953. /s/ Andrew W. McKenna /s/ John B. Harris, Jr. /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this the 27 day of November, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1946. Notarial Seal Affixed. Georgia, Bibb County. To the Public and All it May Concern: Notice is hereby given that the City of Macon, a municipal corporation of said State and county, and the Board of Water Commissioners of the City of Macon intend to apply to the General Assembly of the State of

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Georgia, which convenes on November 16, 1953, for the passage and adoption of an Act to repeal an Act of the legislature (Ga. Laws 1943, p. 1432) and an Act of the legislature (Ga. Laws 1951, p. 2567), and all Acts amendatory thereof pertaining to a pension and retirement plan and system for the employees and officers of the Board of Water Commissioners of the City of Macon; and for an Act authorizing the City of Macon and the board of water commissioners to come under coverage of the old age and survivor's insurance provisions of Title 2 of the Federal Social Security Act, as amended and to authorize the city and the board of water commissioners, through its designated and proper officials, to make all contracts, commitments and execute all powers to effectuate such coverage, and to authorize payment by the board of water commissioners from its general funds to secure such coverage, both for employer and employee contributions, retroactively to January 1, 1951, and to authorize the financing of said coverage, and for other purposes. This notice is given in conformity with and pursuant to Paragraph 15, Section 7, Article III, Constitution of the State of Georgia of 1945, codified as Section 2-1915 of the 1933 Code of Georgia Annotated. City of Macon. Board of Water Commissioners of the City of Macon. By Miller, Miller Miller, Their Attorneys for This Purpose. Approved December 9, 1953. ALBANYDOUGHERTY COUNTYMERGER OF GOVERNMENTS. No. 525 (House Bill No. 693). An Act to consolidate and combine the governmental functions and powers now vested in and exercised by

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the City of Albany, and the authorities thereof, with the governmental functions and powers now vested in and exercised by the County of Dougherty, and the authorities thereof; to create and give a name to a political subdivision of the State of Georgia, composed of the entire area of the County of Dougherty, and to provide a charter for such corporate entity, and at the same time to allow the same to remain a county within the meaning of the Constitution and laws of Georgia, with all the rights, powers, duties and liabilities, privileges, and jurisdictions of a county, except insofar as they conflict with the provisions of this Act; to abolish the offices of tax collector, tax receiver, tax commissioner, clerk of the superior court and ex officio clerk of the City Court of Albany, ordinary, sheriff, coroner, and county surveyor in Dougherty County; to provide for the distribution of fines, forfeitures, penalties, fees and costs of the offices so abolished; to abolish any offices, boards, commissioners, or courts now existing under the charter of the City of Albany, and any offices, boards, commissions, or courts now existing in the County of Dougherty, except the Superior Court of Dougherty County, and except the City Court of Albany and the judge and solicitor thereof, and except the Juvenile Court of Dougherty County as now established by law, and except the board of water, light and gas commissioners as now provided for in the charter of the City of Albany, and except the Dougherty County School Board and Dougherty County School System as set up and established by the Constitutional Amendment (Ga. Laws 1950, p. 465), ratified on the 7th day of November, 1950, and the enabling Act, passed pursuant thereto (Ga. Laws, 1951, p. 2233 et seq.), and except the Dougherty County Board of Health created, activated and established pursuant to what is generally known as the Ellis Health Law, as amended; to combine any such offices, boards, commissions and courts and to create new offices, boards, commissions and courts for the purpose of exercising the powers vested in said courts or in such political subdivisions or corporate

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entity, and the powers formerly exercised by the County of Dougherty and the City of Albany, or either or them; to define the duties, powers and functions of and incident to such offices, boards, commissions and courts so created or combined, and to detail the method and scope of the operation thereof and of the government of such political subdivision or corporate entity, to divide such political subdivision or corporate entity into zones or districts for the purpose of taxation and other purposes, and to provide for the future enlargement and contraction of such zones and districts and to fix the rights and liabilities of the citizens thereof and the property therein, and of such political subdivision or corporate entity in reference thereto; to fix a maximum rate of ad valorem taxation to be levied in each of such zones or districts respectively, and to provide for the levy and collection of the ad valorem taxes and specific, business, occupation, franchise and license taxes, and all other taxes; to provide for the extension of fire protection and all other particular municipal services and improvements to areas outside the cities and municipalities in Dougherty County and for the levying of taxes therefor and/or for the assessment of the costs thereof against the persons and property in the areas to which said services are extended; to provide for a system of improvement and the paving of roads outside the cities and municipalities of said county and for the assessment and collection of the costs thereof; to provide for the election of officials to plan and prepare for the new system of government and the operation thereof and the making of provisions for the proper offices and machinery therefor; to provide for the employment of assistants to such officers, to provide for the payment of such officers and such assistants, and to provide for the levying of taxes therefor, in addition to other taxes; to provide for the dividing of the County of Dougherty into wards for the purpose of elections and other purposes; to fix the liability of such political subdivision or corporate entity to the public and the third persons with respect to transactions occurring

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in each of such zones or districts so created; to provide that no valid existing ordinance, rule or regulation of the City of Albany, Georgia, nor any contract or right made or acquired by the City of Albany or County of Dougherty shall be affected by this Act until and unless the same be changed by this Act, or after the passage of this Act, and to provide that this Act shall not become effective unless and until the Constitution of Georgia shall have been so amended as to authorize the provisions of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the territory and inhabitants embraced within the limits of the County of Dougherty in said State be and the same are hereby incorporated and made a body politic under the corporate name and style of The City of Albany, Dougherty County, Georgia; and, said territory and inhabitants are hereby divided into two districts as follows, to wit: District No. 1, which shall embrace all of the territory now or hereafter embraced within the corporate limits of the City of Albany; and, District No. 2, which shall embrace all of the territory now or hereafter embraced within the County of Dougherty and which is outside of the limits of said District No. 1. Said District No. 1 may have its boundaries increased or diminished, from time to time hereafter, as hereinafter prescribed. In addition to and notwithstanding the foregoing, said District No. 1, as now or hereafter constituted, shall continue to be a city within the meaning of the provisions of Article VI, Section II, Paragraphs 8 and 4 of the Constitution, with reference to the City Courts of Atlanta and Savannah and other like courts, and also within the meaning of the Constitution and laws with reference to all other matters, where the provisions of such Constitution and laws do not conflict with the provisions of this Act. City of Albany, Dougherty County. Districts. Section 2. Be it further enacted, that all of the corporate and other powers, privileges, duties, and liabilities

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heretofore existing in the municipality of the City of Albany, or in any officer or agent thereof, with respect to the territory, property, or persons heretofore embraced within the limits of the City of Albany, be and the same are hereby vested in said new body politic, to wit, The City of Albany, Dougherty County, Georgia; with respect to the territory, property, and persons embraced in said District No. 1; and, all of the powers, privileges, duties, and liabilities heretofore existing in the County of Dougherty, or in any officer or agent thereof, with respect to the territory, property, or persons heretofore embraced within the limits of the County of Dougherty, be and the same are hereby vested in said new body politic, to wit, The City of Albany, Dougherty County, Georgia, with respect to the territory, property, and persons embraced in said Districts Nos. 1 and 2. In addition to and notwithstanding the foregoing, said territory and inhabitants embraced within said Districts Nos. 1 and 2, shall be and continue a county within the meaning of the Constitution and laws of Georgia, with all of the rights, powers, duties and liabilities, privileges and jurisdictions of a county, except insofar as they conflict with the provisions of this Act; and, in addition to and notwithstanding the foregoing, said territory and inhabitants embraced within said District No. 1, shall be and continue a city and/or municipality within the meaning of the Constitution and laws of Georgia, with all of the rights, powers, duties and liabilities, privileges and jurisdictions of a city and/or municipality, except insofar as they conflict with the provisions of this Act. The power or authority vested in any officer or agent of, the Mayor of, the Board of City Commissioners of, the City of Albany, as to the appointment of any officers or members of any board, commission, department, or authority, be and the same is hereby vested in the governing authorities of the new body politic, to wit: The City of Albany, Dougherty County, Georgia; and, the power vested in any officer or agent of, the Commissioners of Roads and Revenues of, the County of Dougherty as to the appointment of any officers or members of any board, commission, department, or authority, be and

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the same is hereby vested in the governing authorities of the new body politic, to wit: The City of Albany, Dougherty County, Georgia. Existing powers. Section 3. Be it further enacted, that all of said corporate and other powers, privileges, duties and liabilities shall be exercised by, and are hereby vested in, a board of seven (7) commissioners, to be elected by the qualified voters of said Districts Nos. 1 and 2, as hereinafter provided. Said commissioners shall have full power and authority to effectuate their own organization, and the carrying on of their business, as they may see fit; and, to this end they are authorized and empowered to adopt and enact all such rules, regulations, and ordinances as they may deem best, both for the government of themselves and of all of their subordinate officers and agents, and also for the government of all persons within said Districts Nos. 1 and 2, provided the same do not conflict with the laws of the United States or of the State of Georgia; provided that all ordinances, before they shall pass, shall be read twice, and each reading at separate meetings, regular or special, on separate days, and the first reading shall be at a regular meeting of said commissioners; provided that both readings of said ordinance may be had at the first meeting upon unanimous consent of all of the commissioners in office to that effect. All ordinances and resolutions shall be signed by the chairman of said commissioners or other officer presiding at the time of their passage, and countersigned by the clerical agent (hereafter provided for) of The City of Albany, Dougherty County, Georgia, or his duly authorized assistant. All ordinances and resolutions shall be in writing, and have endorsed thereon the name of the commissioner introducing the same, and the dates of its readings. Such ordinances and resolutions shall be numbered and filed away and properly preserved by said clerical agent. There shall be kept by said clerical agent a regular ordinance and resolution book, in which all ordinances and resolutions, after their adoption, shall be fairly and accurately printed or engrossed, and the record of which shall be signed by the

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officer presiding at the meeting at the time of the adoption of the same, and countersigned by said clerical agent, or his duly authorized assistant, under the seal of The City of Albany, Dougherty County, Georgia, which seal said commissioners shall provide, containing the words Seal of the City of Albany, Dougherty County, Georgia; provided, that nothing herein contained shall operate to prevent said commissioners from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions as do not conflict herewith. Said commissioners shall each receive a salary of $100.000 per month, except the chairman thereof, to be elected by said commissioners, who shall receive a salary of $150.00 per month; and, said commissioners shall fix the compensations of all of the officers and agents named by said commissioners, and of their assistants, and shall have full power and authority to change such compensations, or to cease making such compensations, and abolish the office of the officer or his assistants occupying the same, or remove from office such officer or assistants occupying the same at any and all times, and with or without cause or notice, at the pleasure of said commissioners; provided, however, that said commissioners shall establish rules and regulations governing the employment, compensation, and removal of said officers, agents and assistants, and any officer, agent or assistant employed under said rules and regulations shall not be removed except pursuant to the rules and regulations so established; and, provided further, that the head of any department of the City of Albany, Dougherty County, Georgia, in the event of his suspension or removal by the board of commissioners shall have the right of appeal therefrom to a jury in the Superior Court of Dougherty County, as in other cases. Commissioners. Ordinances. Compensation of commissioners. Officers and employees. Section 4. Be it further enacted, that said board of commissioners shall have the same power and authority to levy and collect taxes in said District No. 1, as is now exercised by the City of Albany and its officers and agents, and, also, the same power and authority to levy taxes in said Districts Nos. 1 and 2, as is now or hereafter

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exercised by counties, and their officers and agents, this including the power and authority now exercised by either the City of Albany or the County of Dougherty in the assessment levy and collection of taxes for educational purposes, and the taxes necessary to pay the principal and interest on the bonded indebtedness of the City of Albany or the County of Dougherty, and including the power to assess, levy, and collect a tax upon all property both real and personal, choses in action, within the limits of District No. 1, not to exceed one-half of one percent per annum ad valorem for general purposes, this limitation not to apply to those taxes now allowed by law or provided for by law applicable to cities and municipalities providing for the assessment, levy and collection of taxes for special purposes, said special purposes including, but not restricted to, capital improvements, and to collect a specific or occupation tax on all businesses, occupations, professions, callings, or trades, private or public, exercised within said District No. 1, as may be deemed just and proper and upon the franchises in said District No. 1, and including also the power to fix the license on theatrical exhibitions, circuses and shows of all kinds, and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiards, pool, and other kinds of tables, ten-pin alleys, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, whether of like kind or not, legitimately coming within the police power of a city or municipality, when said theatrical exhibitions, circuses, and shows of all kinds, drays and hacks, hotels, boarding houses, restaurants, fish stands, billiards, pool and other kind of tables, ten-pin alleys, butcher shops, livery stables, auctioneers, and other classes or kinds of business operate or are operated within the limits of said District No. 1; and, to collect a specific or occupation tax on all businesses, occupations, professions, callings, or trades, private or public, exercised within said District No. 2, as may be deemed just and proper and upon franchises in said District No. 2, and including also the power to fix the license on theatrical exhibitions, circuses and shows of all kinds, and on drays and hacks, hotels,

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boarding houses, restaurants, fish stands, billiards, pool and other kind of tables, ten-pin alleys, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, whether of like kind or not, legitimately coming within the police power of a county, when said theatrical exhibitions, circuses, and shows of all kinds, drays and hacks, hotels, boarding houses, restaurants, fish stands, billiards, pool and other kind of tables, ten-pin alleys, butcher shops, livery stables, auctioneers, and other classes or kinds of business operate or are operated within the limits of said District No. 2. The taxing powers of said commissioners within the limits of said District No. 1, except as herein limited, shall be as general, complete, and full as that of the State itself, and said taxes shall constitute a lien upon all of the property of the taxpayer or person liable, whether the same be ad valorem, license, or occupation taxes, or taxes of any other character, and shall take rank as provided by law for city taxes; and, the taxes which must be levied in Districts Nos. 1 and 2 alike shall have the same lien, character, and priority as county taxes; and, all remedies now or hereafter existing for the enforcement of payment of city taxes or county taxes respectively, shall continue to be exercised by the proper officers of said The City of Albany, Dougherty County, Georgia; provided, however, that the taxes levied or collected by or under the authority of said commissioners as the successors of Dougherty County, and all revenue and income from every source collected by them or under their authority as the successors of Dougherty County, shall be kept separate and distinct from all other taxes and income from every other source, and shall be applied solely to the use and benefit of said Districts Nos. 1 and 2, and to the obligations of Dougherty County, substantially in the same manner in which they would have been applied had this Act not been passed; and, all taxes levied or collected by or under the authority of said commissioners as the successors of The City of Albany, including ad valorem, license, specific or occupation tax, and all others and all revenue and income from every source collected or received by or under their

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authority as the successors of the City of Albany, shall be kept separate and distinct from all other taxes and income from every source, and shall be applied solely to the use and benefit of said District No. 1, and to the obligations of the City of Albany, substantially in the same manner in which they have been applied had this Act not been passed. Indebtedness evidenced by bonds or otherwise may be incurred hereafter by a vote of the voters of said District No. 1, under the same rules, regulations, and conditions as may now or hereafter be provided for the incurring of indebtedness by municipalities; but, the same shall be solely for the benefit of, and paid by, the property or persons located in said District No. 1. Indebtedness evidenced by bonds or otherwise, may be incurred hereafter by a vote of the voters of both said Districts Nos. 1 and 2, under the same rules, regulations, and conditions as may now or hereafter be provided for the incurring of indebtedness by counties; but, the same shall be solely for the benefit of, and paid by, the property or persons located in both said Districts Nos. 1 and 2; and, any and all of said evidences of said indebtednesses shall be in the name of said The City of Albany, Dougherty County, Georgia, but shall state whether the same is for the benefit of said District No. 1 alone, or for the benefit of both said Districts Nos. 1 and 2. Taxes and licenses. Bonds. Section 5. Be it further enacted, that the said The City of Albany, Dougherty County, Georgia, is hereby vested with the title to all property and rights and contracts and liabilities which have heretofore been vested in the municipality of the City of Albany, or in the County of Dougherty, or both, the same to be used and applied and paid out as provided in Section 4 of this Act above. Property, contracts, etc. Section 6. Be it further enacted, that from and after the passage of a resolution by said commissioners on or after the first Monday in January, 1957 to the effect that the proper officers and machinery have been provided for the operation of the new system in said The City of Albany, Dougherty County, Georgia, all (a) courts,

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and (b) officers or boards now existing either (1) under the charter and ordinances of the City of Albany, in or for said City of Albany, and (2) now existing under the Constitution or laws of the State of Georgia in or for the County of Dougherty, except the Superior Court of Dougherty County, and except the City Court of Albany and the judge and solicitor thereof, and except the Juvenile Court of Dougherty County as now established by law, and except the board of water, light and gas commissioners as now provided for in the charter of the City of Albany, and except the Dougherty County School Board and Dougherty County School System as set up and established by the Constitutional Amendment (Ga. Laws 1950, p. 465) ratified on the seventh day of November, 1950, and the enabling Act passed pursuant thereto (Ga. Laws 1951, p. 2233 et seq.) and except the Dougherty County Board of Health created, activated and established pursuant to what is generally known as the Ellis Health Law as amended, shall be abolished, and all of their powers, rights and duties shall thereupon respectively vest in, and be exercised by, (a) the City Court of Albany and the judge thereof, except as may be concurrently exercised by a notary public ex-officio justice of the peace, as provided in Section 8 hereof, and (b) said Commissioners of The City of Albany, Dougherty County, Georgia, and the following named officials to be chosen by said commissioners, as follows: (1) All legislative and executive powers, duties, rights and liabilities theretofore vested in the Mayor or Commissioners of the City of Albany, and all rights, powers, duties and liabilities theretofore exercised by the County Commissioners of Dougherty County, shall be vested in said Commissioners of The City of Albany, Dougherty County, Georgia, and, (2) all powers, duties, rights and liabilities theretofore vested in the sheriff and his deputies, both of the Superior Court of Dougherty County, and of the City Court of Albany, and in all constables of said county, and in the chief of police, and other police officers of the City of Albany and the county police shall be vested in the executive agent, his deputies and assistants of the said The City of Albany, Dougherty

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County, Georgia, to be chosen by said commissioners; (3) all powers, duties, rights and liabilities theretofore vested in the clerk of superior court, Clerk of the City Court of Albany, clerk of court of ordinary, tax collector, tax receiver, and county tax commissioner, and clerk and treasurer of the municipality now known as the City of Albany, and all powers not judicial now exercised by the ordinary, in said County of Dougherty, shall be vested in the clerical agent, his deputies and assistants of said The City of Albany, Dougherty County, Georgia, to be chosen by said commissioners; and, (4) all powers, duties, rights and liabilities theretofore vested in the Judge of the City Court of Albany, and the justices of the peace of Dougherty County, Georgia, and their courts, as well as all judicial powers which had theretofore been exercised by the ordinary of said county, or the court of ordinary thereof, or by the Mayor of the City of Albany, or by the Recorder, or by the Recorder's Court of the City of Albany, or any other judicial officer or tribunal of the City of Albany, shall be vested in the City Court of Albany and the judge thereof, except such as may be exercised concurrently by a notary public ex-officio justice of the peace as provided in Section 8 hereof; and (5) all powers, duties, rights and liabilities theretofore vested in all other officials or boards, existing either under the charter of the City of Albany in and for the City of Albany, or under the Constitution and Laws of Georgia, in and for the County of Dougherty, and heretofore abolished, shall be vested in said Commissioners of The City of Albany, Dougherty County, Georgia, and may be by such commissioners, from time to time, delegated to and vested in any other official or tribunal which said Commissioners of The City of Albany, Dougherty County, Georgia may by resolution or ordinance establish and define. Said city court and the judge thereof shall try and dispose of all cases in The City of Albany, Dougherty County, Georgia, now or hereafter within the jurisdiction of justices of the peace and notaries public who are ex-officio justices of the peace, as well as all cases now within the jurisdiction of the Mayor's Court or the Recorder's Court

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of the City of Albany; and in so doing shall follow, as far as practicable, the same practice and mode of procedure now obtaining in said abolished tribunals, and any party to any of said cases mentioned in this sentence shall have the same right of appeal and certiorari now or hereafter allowed by law as to cases tried in said tribunals abolished by this section. That any officer or employee performing the duties of tax collector, tax receiver, tax commissioner, clerk of the superior court, and ex-officio clerk for the City Court of Albany, ordinary, clerk of the court of ordinary, justice of the peace, judge of Recorder's Court of the City of Albany, sheriff, coroner and county surveyor shall in the performance of such duties act as such officer, and shall sign any and all papers required of him as such officer. Courts. Section 7. Be it further enacted that from and after the passage of said resolution by said commissioners to the effect that the proper officers and machinery have been provided for the operation of the new system in said The City of Albany, Dougherty County, Georgia, the City Court of Albany shall continue as a city court within the meaning of the provisions in Article VI, Section II, Paragraphs 4 and 8, of the Constitution of Georgia, relating to the City Courts of Atlanta and Savannah and such other like courts as have been or may be hereafter established in other cities; and, in addition to the powers and duties now given to said city court and the judge thereof by law, the judge of said court shall (1) also exercise all of the judicial powers and duties now exercised by the Ordinary of Dougherty County, and by the Court of Ordinary of Dougherty County, and (2) shall also exercise all of the judicial powers now exercised by the Mayor of the City of Albany, or the Recorder of the City of Albany, or any other official of the City of Albany authorized to perform judicial functions, and (3) said judge shall also have vested in him all of the powers and duties which could now be exercised by any justice of the peace of Dougherty County, Georgia, or any notary public who is ex-officio justice of the peace of Dougherty County, Georgia, except as

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provided in Section 8. Any and all costs, both in particular cases and matters and all insolvent costs, and all fines, forfeitures and fees which may become due and payable after this Act becomes effective, and which, except for this Act would be payable to the officers whose offices are abolished by this Act, shall be collected in the same manner as now provided by law of the officer, or officers, performing the duties of the officers whose offices are abolished by this Act, and shall be paid by them into the general fund of the City of Albany, Dougherty County, Georgia. City Court of Albany. Section 8. Be it further enacted, that anything to the contrary herein notwithstanding, one office of notary public ex-officio justice of the peace, with jurisdiction over the entire County of Dougherty, is hereby created and shall become effective on and after the passage of the resolution of the commissioners as provided in Section 6 and 7, but said office of notary public ex-officio justice of the peace and the holder of said office shall have jurisdiction only of those matters and things referred to and set forth in Section 24-1501 of the Code of Georgia, and concurrently with the Judge of the City Court of Albany. Justice of the peace. Section 9. Be it further enacted, that the territorial limits of said District No. 1 may hereafter be increased or diminished, in the following manner: (1) upon a petition being presented to said Commissioners of The City of Albany, Dougherty County, Georgia, at a regular meeting, stating that ten percent of the owners of real estate of a certain territory, describing said territory accurately by metes and bounds, which territory is either (a) wholly within the limits of District No. 1, or (b) wholly without the limits of said District No. 1, but wholly within the limits of District No. 2, and abutting upon said District No. 1, desire that said described territory be (a) withdrawn and excluded from said District No. 1, or (b) annexed to and included in said District No. 1, as the case may be,said petition to be signed by ten percent of the owners of real estate of the said

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described territory to be changed,then and in that event, it shall be the duty of said Commissioners of The City of Albany, Dougherty County, Georgia, to examine said petition and check the number of owners of real estate, signing the same, against the number of owners of real estate within the territory sought to be changed, using such assistants as said commissioners may deem proper; and, if said petition be found by said commissioners to comply with the provisions of this section, the said commissioners shall as soon as possible, and not later than twenty (20) days after the presentation of said petition to them, order simultaneous elections to be held as soon as possible thereafter in compliance with the provisions of this Act as to notice of said elections, (a) in the territory sought to be changed, and (b) in all of District No. 1 exclusive of said territory sought to be changed; and, if a two-third majority of the votes cast in both of said territories favor the granting of said petition, then the prayer of said petition, shall ipso facto be granted, and the territory described in said petition shall have the new status prayed for in said petition, from the date of the final declaration of the results of said elections; but, if in either of said elections a two-thirds majority of those voting therein shall fail to vote in favor of the granting of the prayers of said petition, then and in that event the status of said territory described in said petition shall remain as it was at the time of the presentation of said petition. Change of territory from one district to other. (2) Upon resolution of the Board of Commissioners of The City of Albany, Dougherty County, Georgia, describing said territory accurately by metes and bounds, which territory is either (a) already wholly within the limits of District No. 1, or (b) wholly without the limits of District No. 1, but wholly within the limits of District No. 2, and abutting upon said District No. 1, and declaring that said described territory be (a) withdrawn and excluded from said District No. 1, or (b) annexed to and included in said District No. 1, as the case may be,then at the next regular meeting of said board of commissioners an election shall be ordered to be held as soon

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as possible thereafter in compliance with the provisions of this Act as to notice of said elections but in the territory sought to be changed, and if a two-third majority of the votes cast in said territory favor the approval of said resolution, then said resolution shall ipso facto be effective, and the territory described in said resolution shall have the new status declared in said resolution, from the date of the final declaration of the results of said election; but, if in said election, a two-third majority of those voted therein shall fail to vote in favor of adopting the resolution, then and in that event, the status of said territory described in said resolution shall remain as it was at the time of the adoption of said resolution by said board of commissioners. (3) The Board of Commissioners of The City of Albany, Dougherty County, Georgia, may by ordinance annex to the existing limits of District No. 1 unincorporated lands adjoining District No. 1 at the time of such annexation, upon the written and signed applications of all of the owners of all of the land proposed to be annexed containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of District No. 1 when any part of the entire body abuts such limits. When such application is acted upon by the said commissioners and complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy certified to by the clerk or similar official of the said board of commissioners shall be filed with the Secretary of State of the State of Georgia, when so annexed such lands shall constitute a part of the lands within the corporate limits of District No. 1 as completely and fully as if the limits had been marked and defined by a special Act of the General Assembly. Notice of said elections shall be given by said commissioners by publishing such notice in the official gazette

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in which the official advertisements are made in and for said The City of Albany, Dougherty County, Georgia, once a week for four weeks prior to the week in which said elections are held, said notice to describe the territory to be changed in the same manner in which it is described in said petition or resolution. Other elections intended to change either (a) the same territory, or (b) different territory, from that intended to be changed by the first election hereunder, may be had from time to time; but, no such election intended to change any of the same territory shall be held within two years of one another, and not more than two elections for the purpose of changing any territory embraced in said Districts No. 1 or No. 2 shall be held in any two years. Except where otherwise ordered by said commissioners, said election shall be held in the same manner and by the same persons and under the same rules and regulations as are prescribed by Sections 87-201 et seq., of the Code of 1933 of Georgia, with reference to elections on the subject of incurring debts, except that it shall not be necessary for the two-thirds majority to be a majority of the registered voters, and except that said commissioners shall have power and authority, by resolution or ordinance, to make additional regulations not inconsistent with this Act, to facilitate the holding of said elections. Those voters desiring the grant of the prayers of the petition on which each such election is based, shall have written or printed on their ballots, the words For granting of the petition of the.....day of....., 19....., filling out the blanks with the date of the presentation of the petition; and, those voters opposing the grant of the prayers of said petition shall have written or printed on their ballots the words Against the granting of the petition of the.....day of....., 19..... Those voters desiring the adoption of the resolution of the commissioners on which such election is based shall have written or printed on their ballots the words For the adoption of the resolution of the..... day of....., 19....., filling out the blanks with the date of the presentation of the petition; and, those voters opposing the adoption of the resolution of

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the commissioners shall have written or printed on their ballots the words Against the adoption of the resolution of the.....day of....., 19..... Section 10. The City of Albany, Dougherty County, Georgia, shall be divided into four wards, as follows: Ward No. 1That portion of Dougherty County bounded by the county lines and the following described line: Begin where the center line of Palmyra Road intersects the Dougherty County line on the north; run thence in a southeasterly direction along the center line of Palmyra Road until the same intersects with the center line of Ninth Avenue; thence in a westerly direction along the center line of Ninth Avenue until same intersects the center line of Harding Street; thence in a southerly direction along the center line of Harding Street until the same intersects the center line of Second Avenue; thence in an easterly direction along the center line of Second Avenue until the same intersects the center line of Madison Street; thence in a southerly direction along the center line of Madison Street until the same intersects the center line of Broad Avenue; thence in an easterly direction along the center line of Broad Avenue and the Sylvester Road until the same intersects with the center line of Mock Road; thence in a southerly direction along the center line of Mock Road until the same intersects with the center line of Fleming Road; thence in an easterly direction along the center line of Fleming Road until the same intersects with the center line of Johnson Road; thence in a southeasterly direction along the center line of Johnson Road until the same intersects with the center line of Spring Flats Road; thence in an easterly direction along the center line of Spring Flats Road until the same intersects with the Dougherty County line. Wards. Ward No. 2That portion of Dougherty County bounded by the county lines and the following described line: Begin where the center line of Hardup Road intersects the Dougherty County line on the south; run thence

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in a northerly direction along the center line of the Hardup Road until the same intersects with the center line of the Newton Road; thence in a northeasterly direction along the center line of Newton Road where the same intersects with the center line of Monroe Street; thence in a northerly direction along the center line of Monroe Street until the same intersects with the center line of Broad Avenue; thence in an easterly direction along the center line of Broad Avenue and the Sylvester Road until the same intersects with the center line of Mock Road; thence in a southerly direction along the center line of Mock Road until the same intersects with the center line of Fleming Road, thence in an easterly direction along the center line of Fleming Road until the same intersects with the center line of Johnson Road; thence in a southeasterly direction along the center line of Johnson Road until the same intersects with the center line of Spring Flats Road; thence in an easterly direction along the center line of Spring Flats Road until the same intersects with the Dougherty County line on the east. Ward No. 3That portion of Dougherty County bounded by the county lines and the following described line: Begin where the center line of Hardup Road intersects the Dougherty County line on the south; run thence in a northerly direction along the center line of the Hardup Road until the same intersects with the center line of the Newton Road; thence in a northeasterly direction along the center line of Newton Road where the same intersects with the center line of Monroe Street; thence in a northerly direction along the center line of Monroe Street until the same intersects with the center line of Broad Avenue; thence in a westerly direction along the center line of Broad Avenue to the center line of Madison Street; thence in a northerly direction along the center line of Madison Street to the center line of Second Avenue; thence in a westerly direction along the center line of Second Avenue to the center line of Slappey Drive; thence in a southerly direction along the center line of Slappey Drive to the Central of Georgia Railroad; thence along the center line of the Central of Georgia

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Railroad in a southwesterly direction until the same intersects with the Dougherty County line on the west. Ward No. 4That portion of Dougherty County bounded by the county lines and the following described line: Begin where the center line of the Central of Georgia Railroad track intersects the west line of Dougherty County; run thence in a northeasterly direction along the center line of the Central of Georgia Railroad tracks until the same intersects with the center line of Slappey Drive; thence in a northerly direction along the center line of Slappey Drive until the same intersects with the center line of Second Avenue; thence in an easterly direction along the center line of Second Avenue until the same intersects with the center line of Harding Street; thence in a northerly direction along the center line of Harding Street until the same intersects with the center line of Ninth Avenue; thence in an easterly direction along the center line of Ninth Avenue until the same intersects with the center line of Palmyra Road; thence in a northwesterly direction along the center line of Palmyra Road until the same intersects with the north line of Dougherty County. Section 11. The governing body of The City of Albany, Dougherty County, Georgia, shall consist of seven commissioners, who shall be elected by all the voters of said county qualified to vote for members of the General Assembly. Of said seven commissioners, one commissioner shall be known as the rotating commissioner at large; two commissioners shall be known as commissioners at large; and, the other four commissioners shall be known as the commissioners from their respective four wards. All elections for commissioners shall be in the same manner and under the same rules and regulations as are now provided by law for the election of the members of the General Assembly in Dougherty County, Georgia. The first election under the terms of this Act shall be held on the first Tuesday after the first Monday in November, 1955, at which time (a) a rotating commissioner at large shall be elected, whose term of office

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shall be from the time of his election until the first Monday in January, 1959, and until his successor is elected and qualified; (b) a commissioner at large shall be elected, whose term of office shall be from the time of his election until the first Monday in January, 1959, and until his successor is elected and qualified; (c) a commissioner from the first ward shall be elected, whose term of office shall be from his election until the first Monday in January, 1959, and until his successor is elected and qualified; (d) a commissioner from the second ward shall be elected, whose term of office shall be from his election until the first Monday in January, 1959, and until his successor is elected and qualified; (e) a commissioner at large shall be elected, whose term of office shall be from his election until the first Monday in January, 1961, and until his successor is elected and qualified; (f) a commissioner from the third ward shall be elected, whose term of office shall be from his election until the first Monday in January, 1961, and until his successor is elected and qualified; (g) a commissioner from the fourth ward shall be elected, whose term of office shall be from his election until the first Monday in January, 1961, and until his successor is elected and qualified. In an election to be held on the first Tuesday after the first Monday in November, 1958 and biennially thereafter, there shall be elected a rotating commissioner at large who shall hold office for a term of two years from the first Monday in January in each year next following the date of his election, or until his successor is chosen and qualified; and, in said election of 1953, and quadriennially thereafter, there shall be elected a commissioner at large, a commissioner from the first ward and a commissioner from the second ward, who shall hold office for a term of four years from the first Monday in January in each year next following the date of their election, or until their successors are elected and qualified; and, in an election to be held on the first Tuesday after the first Monday in November, 1960, and quadriennially thereafter, there shall be elected a commissioner at large, a commissioner from the third ward and a commissioner from the fourth ward, who shall

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hold office for a term of four years from the first Monday in January in each year next following the date of their election, or until their successors are elected and qualified. Said first elected commissioners shall go into office immediately upon their election; but, until the first Monday in January, 1957, shall have only such powers, rights and duties as follows: To plan and prepare for the transition of the new system of government, and the operation thereof, and make provisions for the proper officers and machinery therefor; to employ such assistants and to contract for such services as they may deem necessary to aid in such planning and preparation at the joint and equal expense of the City of Albany and the County of Dougherty, whose governing authorities are hereby authorized and required to appropriate funds for such purposes and each to levy taxes therefor for the year 1955 not to exceed one mill. A vacancy (which shall exist in cases of death, removal from the county or ward, resignation) occurring on said board shall be filled for the unexpired term at an election by the chairman and the remaining members of said board of commissioners, at least four members participating in the election, provided at the time of such vacancy, it is not exceeding six months before the expiration of said commissioners' term of office. If, however, said unexpired term is longer than six months, the board shall, within fifteen days, order an election, and such election shall be held and managed in the same manner and under the same rules and regulations as are now provided by law for the election of the members of the General Assembly of Dougherty County, at which special election a successor for the unexpired term caused by such vacancy shall be elected. Election and terms of commissioners. Section 12. Be it further enacted, that no valid existing statute of the State, or ordinances, rules, or regulations of force in the City of Albany, Georgia, nor any contract or right, or regulation, made or acquired either by the City of Albany or the County of Dougherty, shall be repealed or affected in any way by this Act, unless the same be changed by necessary implication in the terms of this Act, or be changed as herein authorized,

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by an ordinance or resolution of said commissioners after this Act becomes operative; and, it is especially the purpose and intent of this Act to preserve in full force, so far as the same can be made applicable under the changed conditions, (a) the provisions of Sections 1 and 2 of the Act approved August 6, 1924, and found embodied in the Acts of 1924, pp. 397 and 404, inclusive, and (b) the provisions of Sections 4 and 5 of the Act approved August 6, 1924, and found embodied in the Acts of 1924, pp. 411 to 422, inclusive; but, the enumeration of said sections shall not be construed to imply that any other part of the charter or laws now governing the municipality known as the City of Albany shall not continue of force, so far as applicable under the changed conditions, after the passage of this Act. The enumeration of the powers contained in this Act shall not be construed as restrictive, but said The City of Albany, Dougherty County, Georgia, said commissioners may exercise all of the powers, rights, and jurisdictions which they might have if such enumeration were not made; and, said commissioners may pass all laws and ordinances, rules and regulations, which they may deem needful and proper for the general welfare of said Districts Nos. 1 and 2, or both; and where, under this Act, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, said commissioners may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure, not repugnant to the purposes and intents of this Act nor to the laws of this State; said commissioners having full power and authority to repeal or modify any ordinance or resolution heretofore passed by any governing body under any charter of the City of Albany, and any governing body under any Act or Acts relating to Dougherty County, Georgia. Existing ordinances, contracts, etc. Section 13. Be it further enacted, that no candidate for the officers of commissioner shall expend or promise any money, office, employment, or other things of value to secure a nomination or election or a vote. No persons shall be eligible to the office of commissioner unless he is a qualified voter, at least twenty-five years of age, and

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for two years immediately prior to the time as of which he is entitled to qualify he shall have been a bona fide resident of the said The City of Albany, Dougherty County, Georgia, and if a commissioner from a ward shall also have been a bona fide resident of said ward for six months prior to said time, and shall continue during his term of office as such bona fide resident. The chairman of said commissioners shall preside at all meetings thereof, which meetings shall be public, and shall perform all other duties consistent with the office, as may be imposed upon him, and shall have a vote and voice in all proceedings before said commissioners, but no veto. Said chairman may use his title as such in any case in which the execution of legal instruments of writing, or other necessity, arises, where the general laws of the State, or the former laws and ordinances of the City of Albany, not conflicting with this Act, so require it. In the case of the absence, death, or disability or inability from any cause of said chairman to act, then any other member of said commissioners may by the other members be designated to act, and such appointee shall have all of the powers and privileges of the chairman. Said chairman shall be recognized as the official head of said The City of Albany, Dougherty County, Georgia, by the courts for the purpose of service of process, and by the Governor and Federal authorities for military and ceremonial functions. In time of danger or emergency, said chairman may, with the consent of three commissioners, take command of the police and govern said District No. 1 by a proclamation, and maintain order and enforce laws. Each commissioner shall, before qualifying and entering upon the discharge of his duties, take and subscribe upon the minutes of said commissioners the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as a commissioner of The City of Albany, Dougherty County, Georgia,' during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of said corporate body and the inhabitants thereof; and that I will not willfully or knowingly use, or be the cause of using, tyrannical means towards any

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citizen or portion of the citizens or persons located in said `The City of Albany, Dougherty County, Georgia,' so help me God. Qualifications of commissioners. Chairman. Oath of commissioner. Section 14. Be it further enacted, that said merged government shall be substituted for the City of Albany and County of Dougherty, in all valid contracts made by either. All pending suits and all rights of action now existing, either in tort or in contract, against either the city or the county, shall be preserved against the merged government. It may be sued for act of omission or commission, done or omitted to be done in District No. 1, on the same terms, and subject to the same limitations as the City of Albany may now be sued. For acts done in District No. 2, it may be sued on the same terms and the same limitations as the County of Dougherty may now be sued. District No. 1 shall be liable for all of the debts of the City of Albany, including bonded indebtedness; and both districts shall be liable for all of the debts of Dougherty County, including bonded indebtedness but the new government shall not be liable for any debts, including bonds, of any other political subdivision in the county. Actions against merged government. Section 15. Be it further enacted, that no one of said commissioners, or other officer or employee, shall enter into any contract with the merged government, and no firm or corporation of which he is a member, or in which he is pecuniarily interested, shall enter into any contract with the merged government. Contracts. Section 16. Be it further enacted that the governing authorities of The City of Albany, Dougherty County, Georgia, shall have the authority to establish and administer within the bounds of District No. 2, zones for fire protection and fire prevention, and to provide fire prevention and fire protection in said zones and to levy taxes or special assessments therefor on property in said zones not to exceed five (5) mills, said taxes to be assessed on the same valuation basis as the property in said District No. 1, said taxes to be levied, assessed and

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collected in the same manner as taxes are now assessed, levied and collected under the charter of the City of Albany; provided, however, that the homestead exemption granted by Paragraph 4, Section 1, Article 7, of the Constitution of the State of Georgia, and the statutes enacted pursuant thereto shall not be granted and shall not apply to the levy of such taxes or assessments. Fire protection. Section 17. Be it further enacted, that the governing authorities of The City of Albany, Dougherty County, Georgia, shall have the power and authority to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, way, lane or any part thereof, to repave or repair the pavements thereon, and to light the streets with white-way electric lights, without the limits of said District No. 1, and within the limits of said District No. 2, under the same rules and regulations, terms, conditions and provisions as is now authorized by law for The City of Albany under the provisions of the Acts of 1923, page 370, Sec. 33; 1927, page 764, Sec. 2; and the Acts of 1924; page 397, Sections 4 and 5. Streets and public ways. Section 18. Be it further enacted, that no public utility, or any property used in connection therewith and necessary for the maintenance of the same, now owned or controlled by the City of Albany, or hereafter acquired by funds belonging to said District No. 1, 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 said District No. 1 at an election held for that purpose, in the same manner, and under the same regulations as govern a municipality in holding an election on the question of incurring a debt. Utilities. Section 19. Be it further enacted, that this Act shall not become effective unless and until the Constitution of Georgia shall have been so amended as to authorize the provisions of this Act. Section 20. Be it further enacted, that if any part of

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this Act shall be held to be unconstitutional, such part shall not affect the remaining portion of said Act. Section 21. Be it further enacted, 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 passage of local or special legislation in the adjourned 1953 session of the General Assembly of Georgia applicable to the City of Albany and the County of Dougherty, being an Act to consolidate and combine the governmental functions and powers now vested in and exercised by the City of Albany, and the authorities thereof, with the governmental functions and powers now vested in and exercised by the County of Dougherty, and the authorities thereof; to create and give a name to a political subdivision of the State of Georgia, composed of the entire area of the County of Dougherty, and to provide a charter for such corporate entity, and at the same time to allow the same to remain a county within the meaning of the Constitution and laws of Georgia, with all the rights, powers, duties and liabilities, privileges, and jurisdictions of a county, except insofar as they conflict with the provisions of this Act; to abolish the offices of tax collector, tax receiver, tax commissioner, clerk of the superior court and ex-officio clerk for the City Court of Albany, ordinary, sheriff, coroner, and county surveyor in Dougherty County; to provide for the distribution of fines, forfeitures, penalties, fees and costs of the offices so abolished; to abolish any offices, boards, commissions, or courts now existing under the charter of the City of Albany, and any offices, boards, commissions, or courts now existing in the County of Dougherty, except the Superior Court of Dougherty County, and except the City Court of Albany and the judge and solicitor thereof, and except the Juvenile Court of Dougherty County as now established by law, and except the board of water, light and gas commissioners as now provided for in the charter of the City of Albany, and except the Dougherty County School Board and Dougherty County School System

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as set up and established by the Constitutional Amendment (Ga. Laws 1950, p. 465), ratified on the 7th day of November, 1950, and the enabling Act, passed pursuant thereto (Ga. Laws, 1951, p. 2233 et. seq.), and except the Dougherty County Board of Health created, activated and established pursuant to what is generally known as the Ellis Health Law, as amended; to combine any such offices, boards, commissions and courts and to create new offices, boards, commissions and courts for the purpose of exercising the powers vested in said courts or in such political subdivisions or corporate entity, and the powers formerly exercised by the County of Dougherty and the City of Albany, or either of them; to define the duties, powers and functions of and incident to such offices, boards, commissions and courts so created or combined, and to detail the method and scope of the operation thereof and of the government of such political subdivision or corporate entity to divide such political subdivision or corporate entity into zones or districts for the purpose of taxation and other purposes, and to provide for the future enlargement and contraction of such zones and districts and to fix the rights and liabilities of the citizens thereof and the property therein, and of such political subdivision or corporate entity in reference thereto; to fix a maximum rate of ad valorem taxation to be levied in each of such zones or districts respectively, and to provide for the levy and collection of the ad valorem and school taxes and specific, business, occupation, franchise and license taxes, and all other taxes; to provide for the extension of fire protection and all other particular municipal services and improvements to areas outside the cities and municipalities in Dougherty County and for the levying of taxes therefor and/or for the assessment of the costs thereof against the persons and property in the areas to which said services are extended; to provide for a system of improvement and the paving of roads outside the cities and municipalities of said county and for the assessment and collection of the costs thereof; to provide for the election of officials to plan and prepare for the new system of government and the operation thereof and the making

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of provisions for the proper offices and machinery therefor; to provide for the employment of assistants to such officers, to provide for the payment of such officers and such assistants, and to provide for the levying of taxes therefor; to provide for the dividing of the County of Dougherty into wards for the purpose of elections and other purposes; to fix the liability of such political subdivision or corporate entity to the public and the third persons with respect to transactions occurring in each of such zones or districts so created; to provide that no valid existing ordinance, rule or regulation of the City of Albany, Georgia, nor any contract or right made or acquired by the City of Albany or County of Dougherty shall be affected by this Act until and unless the same be changed by this Act, or after the passage of this Act, and to provide that, except for the purpose of authorizing the elections herein provided for, this Act shall not become effective unless and until the Constitution of Georgia shall have been so amended as to authorize the provisions of this Act, and for other purposes. /s/ B. C. Gardner, Jr. /s/ G. Stuart Watson, Representatives, Dougherty Co. Ga. Advertisement Albany Herald October 22, 29, November 5th. Georgia, Fulton County: Personally appeared before the undersigned, an officer duly authorized to administer oaths in and for said State and County, B. C. Gardner, Jr., and G. Stuart Watson, who on oath depose and say that they are the authors of the above and foregoing bill, and that the notice of intention to apply for the passage of said bill immediately preceding this affidavit was published in The Albany Herald, the newspaper in which the sheriff's advertisements for the City of Albany and the County of Dougherty are published, once a week for three weeks during a period of 60 days immediately preceding the introduction of said bill into the General Assembly; said

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notice having been published in said newspaper on October 22, October 29, and November 5, 1953. /s/ B. C. Gardner, Jr. /s/ G. Stuart Watson Sworn to and subscribed before me, this the 16th day of November, 1953. /s/ Wm. B. Gunter Notary Public, Hall County, Ga. Approved December 9, 1953. DEKALB CIVIL COURTJUDGE'S SALARY. No. 527 (House Bill No. 935). An Act to amend an Act approved February 14, 1951, (Ga. Laws 1951, p. 2401) creating and establishing the Civil Court of DeKalb County, and Acts amendatory thereto, to provide for the compensation of the judge thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Be it enacted by the authority aforesaid that Section 2 of the Acts of General Assembly of 1952, page 2316, and approved February 12, 1952, relating to the salary of the Judge of the Civil Court of DeKalb County, be and the same is hereby amended by striking from line seven of said paragraph the figure $6500.00 and inserting in lieu thereof the figure 7700.00 dollars. As amended to read as follows: Salary. Be it further enacted by the authority aforesaid that from and after the passage of this Act the judge of the said court shall be paid a salary in the sum of seventy-seven

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hundred dollars per annum to be paid monthly out of the county treasury. Section 2. All laws or parts of laws conflicting herewith 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 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 October 15, 22, 29, 1953. The DeKalb New Era /s/ W. H. McWhorter. W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 17 day of November, 1953. /s/ Virginia Freeman Notary Public, Georgia State at Large. My commission expires Nov. 3. 1957. Notarial Seal Affixed. Notice to Apply for Local Legislation. An Act to amend an Act approved Feb. 14, 1951, (Ga. Laws 1951, p. 2401), creating and establishing the Civil Court of DeKalb County, and Acts amendatory thereto provide for the compensation of the judge of said court and for other purposes. W. Hugh McWhorter. 10-15-3t Approved December 10, 1953.

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COVINGTON CHARTER AMENDED. No. 528 (House Bill No. 769). An Act to amend Section 26 of an Act providing and creating a new charter for the City of Covington, Newton County, Georgia, approved August 16, 1918 (Ga. Laws 1918, p. 630) and several Acts amendatory thereof, more particularly an Act approved August 6, 1927 (Ga. Laws 1927, p. 1014) and an Act approved March 29, 1937 (Ga. Laws 1937, p. 1707) and an Act approved March 31, 1937 (Ga. Laws 1937, p. 1718), so as to provide that said City of Covington shall be authorized to construct and maintain a system for the distribution of gas in said city and for a distance of twelve miles without the corporate limits thereof excluding the Town of Porterdale and the County of Rockdale; to provide for the acquisition of property by said city in such undertaking; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 26 of an Act providing and creating a new charter for the City of Covington, Newton County, Georgia, approved August 16, 1918 (Ga. Laws 1918, p. 630) and several Acts amendatory thereof, more particularly an Act approved August 6, 1927 (Ga. Laws 1927, p. 1014) and an Act approved March 29, 1937 (Ga. Laws 1937, p. 1707) and an Act approved March 31, 1937 (Ga. Laws 1937, p. 1718), is hereby amended by adding to said section of said Act, as amended, at the end thereof, a new paragraph to be known as paragraph (d), and which shall read as follows: (d) The City of Covington is hereby authorized to purchase, construct, operate and maintain a system for the sale and distribution of natural or other gas within the city limits of Covington and for a distance of twelve miles in any direction beyond such corporate limits as now exist or as shall hereafter exist, and in connection therewith the City of

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Covington is authorized to acquire, by contract, purchase, or condemnation, all rights-of-way, easements, and property necessary to carry out these purposes; provided, that the power of condemnation granted in this section shall not apply to property within the limits of the Town of Porterdale except with the prior approval of the Mayor and Council of the Town of Porterdale. Said City of Covington is hereby authorized and empowered to furnish and supply gas and gas services to any person, firm, or corporation at its distribution plant in the City of Covington or at the point from which said city acquires its supply of gas for serving non-residents of said city, and to fix the rules and regulations under which the same may be furnished, and likewise fix the terms on which the same are to be furnished, and the manner of payment therefor, and the charges to be paid therefor., so that said section, when so amended, shall read as follows: Sec. 26 amended. Be it further enacted that the City of Covington shall continue to supply all the public utilities of said city, to wit: waterworks, sewerage, electric lights, public schools; and for the purposes the Mayor and City Council of the City of Covington shall be invested with all the authority to enlarge such systems of public utilities as they may deem necessary, and they may have authority to prescribe by ordinances for the government and regulation of all public utilities. Provided, that before said mayor and council shall dispose of any one or all of the within named public utilities by absolute sale in fee simple, an election shall be called submitting the matter to the qualified voters of said city for their approval or disapproval. Said election to be called, held, and the result determined under the election laws now in force, or that may be hereafter prescribed for creating a bonded indebtedness against said city. Utilities. (a). That from and after the passage of this Act, the City of Covington, Georgia, shall have the power and authority to extend, construct, maintain, and operate its water, sewerage, electric light and power lines and systems

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for a distance of not over twelve miles in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and that said City of Covington shall have authority to furnish water, lights, power and sewerage connections to persons, firms, and corporations within and without the corporate limits of said city, and to charge for the same; to purchase electrical current from any source, either within or without the city limits of Covington; to make reasonable rules and regulations and may make different charges for the use of such utilities within and without the corporate limits of said city. (a-1). Provided, that nothing in this Act shall permit the City of Covington to erect any new power lines that will parallel the power lines of Snapping Shoals Electric Membership Corporation, or serve members of said corporation within said area. (b). That the City of Covington is hereby authorized and empowered to acquire, by contract, purchase, or condemnation, rights-of-way, easements, and privileges for water, sewerage, electric lights and power lines and systems within the corporate limits of said city, and without the corporate limits of said city within a distance of twelve miles in any direction beyond the corporate limits of said city as the same now exist or may be hereafter established. Rights-of-way, easements, etc. (c). That said City of Covington is hereby authorized and empowered to furnish and supply electric power to any person, firm, or corporation, at its distribution plant in the City of Covington, or at the point from which said city acquires its electric power, for serving non-residents of said city, and to fix the rules and regulations on which the same may be furnished, and likewise fix the terms on which the same are to be furnished, and the manner of payment therefor, and the charges to be paid therefor. Electric power. (d). The City of Covington is hereby authorized to purchase, construct, operate and maintain a system for the sale and distribution of natural or other gas within

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the city limits of Covington and for a distance of twelve miles in any direction beyond such corporate limits as now exist or as shall hereafter exist, and in connection therewith the City of Covington is authorized to acquire, by contract, purchase, or condemnation, all rights-of-way, easements, and property necessary to carry out these purposes; provided, that the power of condemnation granted in this section shall not apply to property within the limits of the Town of Porterdale except with the prior approval of the Mayor and Council of the Town of Porterdale. Said City of Covington is hereby authorized and empowered to furnish and supply gas and gas services to any person, firm, or corporation at its distribution plant in the City of Covington or at the point from which said city acquires its supply of gas for serving non-residents of said city, and to fix the rules and regulations under which the same may be furnished, and likewise fix the terms on which the same are to be furnished, and the manner of payment therefor, and the charges to be paid therefor. Section 1 (a). Nothing in this Act shall give the City of Covington the right to operate, maintain or construct, any of the systems or services enumerated herein within the limits of Rockdale County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legals. 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 a bill authorizing the City of Covington to construct, maintain, purchase, and operate a gas distribution system, and in connection therewith to purchase and acquire by contract or condemnation all easements, rights-of-way, and property necessary therefor; to sell and distribute gas and gas services on such terms and conditions as may be desirable; and for other purposes.

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This 20th day of October, 1953. W. C. Ivey, Representative, Newton County. 4TCOc22 Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. C. Ivey, who, on oath, deposes and says that he is Representative from Newton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News, which is the official organ of Newton County, on the following dates: October 22nd, 1953, October 29th, 1953 and on November 5th, 1953 and November 12th, 1953. /s/ W. C. Ivey Representative, Newton County. Sworn to and subscribed before me, this 17 day of November, 1953. /s/ Janette Hirsch Notary Public. Notarial Seal Affixed. Approved December 10, 1953. DALTON CHARTER AMENDED. No. 529 (House Bill No. 775). An Act to amend the charter of the City of Dalton, Georgia, and the several Acts amendatory thereof so as to provide for the levying of an ad valorem tax not to exceed one (1) mill on the dollar for public health and hospital purposes in the City of Dalton: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority

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of the same that the charter of the City of Dalton as contained in the Acts of the General Assembly of 1880-1, p. 480; 1920, p. 947; 1925, pp. 999, 1000, ratified October 14, 1925, and Acts amendatory thereto, is hereby amended so as to authorize and empower the Mayor and Council of the City of Dalton to levy and collect an ad valorem tax upon all taxable property within said city not to exceed one (1) mill on the dollar for public health and hospital purposes in the City of Dalton. Ad valorem tax. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. /s/ J. Roy Whitener, Representative. The proposed bills as stated below were favorably voted on by the citizens of Dalton under the Home Rule Act which has been declared unconstitutional by the Georgia Supreme Court. Therefore, it is necessary that these bills be passed by the Georgia General Assembly. J. R. Whitener Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intends to introduce at the November, 1953, session of the General Assembly of the State of Georgia a bill to authorize the City of Dalton to levy annually upon taxable property within said city an ad valorem tax not to exceed one (1) mill on the dollar for public health and hospital purposes in the City of Dalton. This 16th day of September, 1953. J. R. Whitener, Representative, Whitfield County, Georgia. State of Georgia, Whitfield County. Personally appeared before the undersigned attesting

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officer Mark Pace, who on oath being duly sworn did depose and say: I hereby certify that the attached legal notice re Notice of Intention to Introduce Local LegislationA bill to authorize the City of Dalton to levy annually upon taxable property within said city an ad valorem tax not to exceed one (1) mill on the dollar for public health and hospital purposes in the City of Dalton, was published in the Dalton Citizen three consecutive issues, September 24, October 1, and October 8. /s/ Mark Pace Mark Pace, Editor Subscribed and sworn to before me, this 11th day of November, 1953. /s/ Jonnie Holland Notary Public, Whitfield County, Ga. Notarial Seal Affixed. Approved December 10, 1953. DALTON CHARTER AMENDED. No. 530 (House Bill No. 785). An Act to amend the charter of the City of Dalton, Georgia, and the several Acts amendatory thereof so as to change the amount of ad valorem tax which may be levied by the City of Dalton upon taxable property within said city for educational purposes and for the maintenance of the public schools in the City of Dalton from eight (8) mills to fourteen (14) mills. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid that the corporate charter of the City of Dalton as contained in the Acts of the General

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Assembly of 1880-1, p. 480; 1920, p. 947; 1925, pp. 999, 1000, ratified October 14, 1925, and Acts amendatory thereof as contained in Section 91, Code, City of Dalton, 1939, authorizing an ad valorem tax levy not to exceed eight (8) mills on the dollar for educational purposes and for the maintenance of the public schools of the City of Dalton, be and the same is hereby amended by striking said Section 91 in its entirety and inserting in lieu thereof a new Section 91, which shall read as follows: 91. Public schools, may levy tax for. The Mayor and Council of the City of Dalton shall be authorized to levy and collect annually upon taxable property within said city an ad valorem tax not to exceed fourteen (14) mills on the dollar for educational purposes and for the maintenance of the public schools of the City of Dalton. School tax. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. /s/ J. Roy Whitener, Representative. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intends to introduce at the November, 1953, session of the General Assembly of Georgia a bill authorizing the Mayor and Council of the City of Dalton to levy annually upon taxable property within said city an ad valorem tax not to exceed fourteen (14) mills on the dollar for educational purposes and for the maintenance of the public schools of the City of Dalton. This 16th day of September, 1953. J. R. Whitener, Representative, Whitfield County, Georgia. State of Georgia, Whitfield County. Personally appeared before the undersigned attesting

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officer Mark Pace, who on oath being duly sworn did depose and say: I hereby certify that the attached legal notice re Notice of Intention to Introduce Local LegislationA bill authorizing the Mayor and Council of the City of Dalton to levy annually upon taxable property within said city an ad valorem tax not to exceed fourteen (14) mills on the dollar for educational purposes and for the maintenance of the public schools of the City of Dalton, was published in the Dalton Citizen three consecutive issues, September 24, October 1, and October 8. /s/ Mark Pace Mark Pace, Editor Subscribed and sworn to before me this 11th day of November, 1953. /s/ Jonnie Holland Notary Public, Whitfield County, Ga. (Seal) Approved December 10, 1953. COBB COUNTYROADS AND HIGHWAYS. No. 533 (House Bill No. 993). An Act to amend an Act creating a Commissioner of Roads and Revenues for Cobb County and an advisory board, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended by an Act approved January 29, 1943 (Ga. Laws 1943, p. 892), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 840), and an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273) to provide that the Commissioner of Roads and Revenues and Advisory Board of Cobb County shall have the power and authority to control the use of public roads and highways located within Cobb County, Georgia and the right of ways and appurtenances thereto; to prevent the use of such roads, highways, right of ways and appurtenances thereto by any person,

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firm or corporation for any purpose except for vehicular or pedestrian traffic without permission of said Commissioner of Roads and Revenues and Advisory Board of Cobb County; to provide for the granting of such permits; to make a violation of this Act a misdemeanor; to provide that prior uses permitted shall not waive the requirements of this Act; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That the Act creating a Commissioner of Roads and Revenues for Cobb County and an advisory board, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, particularly by an Act approved January 29, 1943 (Ga. Laws 1943, p. 892), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 840), and an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273), is hereby amended by inserting a new section therein to be known as Section 9 (b) to read as follows: Section 9 (b): That in addition to the purposes for which the ordinary and clerk of the superior court shall serve and act in conjunction with the commissioner of roads and revenues, hereinbefore set forth, said Commissioner of Roads and Revenues and Advisory Board of Cobb County is hereby authorized and empowered to control the use of public roads and highways within Cobb County, Georgia and the right of ways and appurtenances thereto; to prevent the use of such roads, highways, right of ways and appurtenances thereto by any person, firm or corporation for any purpose except for vehicular and pedestrian traffic without the permission of said commissioner of roads and revenues and advisory board. Control of roads and ways. The use of such highways, right of ways and appurtenances for billboards, posters, signs, advertisements, dumping of garbage, trash, refuse, dead animals, debris, commercial enterprises, fruit stands, fireworks or other

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vending stands, chenille or other cloth products, laying or installing utility services, including poles, mains, lines, pipes, or the opening of ditches, trenches and holes therefor is hereby prohibited. Provided that the right and authority may be granted by said commissioner of roads and revenues and advisory board upon such terms, uses, conditions as they, in their sole discretion, may deem advisable for the health, safety, convenience and welfare of the citizens of the said county. They may grant or refuse such permission, upon application therefor, and may revoke the same after grant thereof, in their discretion, with or without cause. The grant of the permission here provided for is hereby declared to be a privilege and not a right and no person, firm or corporation shall acquire any right by virtue of the grant, in any manner, of such permission. Permission as to uses. The application for such permission must be submitted in writing, setting forth in detail the road or roads to be affected, the use sought, duration, purpose and other information that may be required by said commissioner of roads and revenues and advisory board. Said permission, if granted, as provided above, shall be in writing and shall be subject to revocation with or without cause, and with or without notice. The action of the commissioner of roads and revenues and advisory board taken in regards to any application shall be placed upon the minutes of such board. Any permission prior to the effective date of the within Act, either in parol or writing may be changed, altered, amended, repealed or revoked in the discretion of said commissioner of roads and revenues and advisory board, with or without notice or cause, so as to make effective the provisions of this Act. Any person, firm, corporation or any agent, servant, employee, officer or contractor for any person, firm or corporation who shall violate any provision, requirement, term or condition of this section shall be guilty of a misdemeanor and upon conviction therefor shall be punished

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as provided for by law. Each day of such violation shall be construed to be a separate offense. Violations. Section 2. All laws or 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 intention to apply for passage of a local bill, amending the Acts of the legislature approved January 29, 1943, amended February 25, 1949, relating to the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes and that the name Advisory Board shall be changed to Cobb County Governing Authority; and for other purposes, was published in the Cobb County Times in its editions of November 12, 19, 26, 1953: T-771 Notice of Local Legislation. To Whom It May Concern: Notice is hereby given that a bill will be introduced at the November, 1953 session of the General Assembly of Georgia, to amend the Acts of the legislature approved January 29, 1943, as amended by the Act approved February 25, 1949, relating to the creation, establishment, duties and powers of the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of a single Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission,

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to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes, and that the name Advisory Board shall be changed to Cobb County Governing Authority; and for other purposes. Fred D. Bentley, Representative, Cobb County, Georgia. 11:12-19-26 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 30th day of November, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times Sworn to and subscribed before me, this 30th day of November, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia (Seal) My commission expires September 14, 1956. Approved December 10, 1953. AUSTELL GAS BOARD. No. 534 (House Bill No. 1021). An Act to amend an Act creating a new charter for the City of Austell, approved August 17, 1929 (Ga. Laws 1929, p. 862), as amended, by conferring upon the City of Austell the right, power and authority to erect, construct, operate, maintain, extend and improve a gas distribution system, both within and without the corporate limits of the City of Austell, and to distribute, transport, sell and furnish gas to customers, both within

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and without the corporate limits of the City of Austell, such customers to include persons, firms and corporations, other municipal corporations and counties of this State; and to further authorize the City of Austell to accept franchises granted it by other municipalities and counties of this State, and to ratify and affirm those previously granted to authorize such city 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, and to provide that any of such certificates hereto issued or authorized by the city for such purposes be ratified and affirmed; to provide for the creation of a gas board for said city to operate, maintain, extend and improve a gas distribution system for the city as authorized herein; to provide for the membership of such gas board including the appointment and compensation and tenure of office of its members, and to prescribe its powers, duties and functions; to otherwise amend the charter of the City of Austell as previously amended; 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 Austell, approved August 17, 1929 (Ga. Laws 1929, p. 862), as amended, is hereby amended by adding new sections thereto, to be numbered as indicated, to read as follows: Section 46-A. The City of Austell shall have the right, power and authority to operate a gas distribution system, both within and without the corporate limits of the City of Austell, to distribute, transport, sell and furnish gas to customers located both within and without the corporate limits of the City of Austell, such customers to include persons, firms, corporations, or other municipal corporations and counties of this State, and to further authorize the City of Austell to accept franchises

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for that purpose granted by other municipalities and by counties of this State to the City of Austell, and any franchises heretofore granted said city are hereby ratified and affirmed. Gas distribution system. Section 46-B. The power granted by this Act shall authorize the City of Austell to lay or construct gas mains, and gas distribution systems both within and without the corporate limits of the City of Austell, 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 of Georgia and the Revenue Certificate Law, and any certificates heretofore issued or authorized by the city for such purpose are hereby ratified and affirmed. Revenue-anticipation certificates. Section 46-C. The City of Austell 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 Austell 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 Austell 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. Provided that upon the activation of the Austell Gas Board, hereinafter provided for in this Act, that such of the powers granted unto the City of Austell by this section of the within Act may thereafter be exercised by the Austell Gas Board to the extent that such board is hereinafter authorized and empowered to exercise same. Rules and regulations.

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Section 46-D. That upon the completion of the construction of the gas system contemplated to be constructed by the City of Austell, being particularly described in those certain ordinances of said city heretofore adopted on May 26, 1953 and July 28, 1953, authorizing the construction of a gas system for the city, providing for the method of financing same, etc., and at the time such system is complete as aforesaid and ready to be placed in operation that there shall be a gas board for the City of Austell to be known as the Austell Gas Board, such board to have such membership, powers and duties as shall hereinafter in detail be defined. The Gas Board of the City of Austell shall consist of five (5) members, one of whom shall be chairman and whose terms of office shall be staggered. The members of such board shall be freeholders and shall be appointed for such terms and from time to time as hereinafter provided by the Mayor and Council of the City of Austell. Of the initial appointments of the membership to such board, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. All subsequent appointments shall be made for five year terms. The initial appointments to such board shall be on or before the time as aforesaid fixed for the activation of such board, i.e., when the gas system now contemplated or now being constructed by the City of Austell is completed and is ready to be placed into operation, such original board members are to assume and enter upon their duties at or immediately preceding such time. At the first organizational meeting of the Austell Gas Board, the members shall select one of their number as chairman and another of their number as vice-chairman for terms of one year each, or until their successors are duly selected and qualified. Annually thereafter and after the annual appointment by the Mayor and Council of the City of Austell of a new member to such board or the re-appointment of a member of such board for a new term, the members of such board shall annually as aforesaid select one of their number as chairman and another of their number as

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vice-chairman for terms of one year each, or until their successors are duly selected and qualified. The members of such board shall receive such compensation and remuneration as shall from time to time be fixed by the Mayor and Council of the City of Austell not to exceed ten and no/100 ($10.00) dollars per meeting. Meetings shall be held on call of the chairman and in his absence or disability on the call of the vice-chairman. Members shall be entitled to at least three (3) days written notice of the time and place of the meetings of the board called as herein provided by the chairman or vice-chairman, provided that the members may waive in writing such notice, and provided further that the attendance of a member of the board at a meeting of the board shall be an automatic waiver of such written notice of such meeting. The board may by resolution adopt bylaws governing its procedure and may in same fix regular meeting dates in which event written notice of such regular meetings shall not be required. In all matters coming before said board for action a majority vote of those present shall determine, provided that the chairman cannot vote except in case of a tie vote among other members of the board in which event he shall vote to break such tie vote. Three members of the board including the chairman shall constitute a quorum for the transaction of business at any regular meeting or regularly called meeting. Gas board. Section 46-E. Said board shall have general supervision and control over the gas system or systems including plants of said city, and shall make such rules and regulations regarding the operation and maintenance of such system or systems as it may deem best and proper, and such board may make such contracts and employ or discharge such persons in the operation and maintenance of said system or systems as it may deem best. Said board shall have plenary power and authority to erect, or to contract for the erection of enlargements, improvements and extensions of the gas system, in and for said city, with the amount of funds made available to them by the mayor and councilmen of the city, or from funds arising from the operation of the gas system, or out of funds arising from the sale of revenue-producing

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certificates or bonds issued by the city. They shall also have the management in like manner, and control of the operation of the 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 said system. The board shall have power and authority to maintain, repair, and extend the gas distribution system and gas plants if any, from time to time, as funds become available for such improvements. They shall have power to erect and maintain gas mains and gas plants within the city limits and elsewhere, as the mayor and council may from time to time direct, for the purpose of supplying the city and its environs with gas service as may be necessary or desirable, and for other purpose for which they deem proper. The board shall regulate and provide for the private use of gas, fix the time, price and place of payment for such services, and in default of payment for such services, it 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 board the issuance of execution for the amount due for any services furnished, and the clerk of the board is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. Its powers and duties Section 46-F. The board is hereby charged with the duty of collecting for all services rendered by the gas system of the city, and is hereby required to keep the money so collected in a bank or banks named by the mayor and councilmen as a depository for such funds. The board shall at all times maintain a schedule of fees, rates and tolls for the services and products of the city's gas system as shall be sufficient to retire any revenue certificates, bonds or other indebtedness incurred by the City of Austell or it for the erection, construction, extension or improvement of such gas system, and to provide for any reserves and funds required to be maintained by the city or it in connection with the issuance of any such bonds or revenue certificates or the incurrence of any

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other such indebtedness. Such obligations of the city and the board shall be discharged according to their tenor by the board and required payments shall be made promptly when due either directly to the obligee, his agents or assigns, or by the payment of such sums to the city for the account of such obligee. In addition to the above, such fees, tolls and rates shall be maintained at a level sufficient to pay the current operating and maintenance expenses of such system. Subject to the above, the board shall have full control and authority over the expenditure of such funds with the provision that same can only be expended to pay the expense of operating and maintaining such gas system, to retire indebtedness incurred in connection with the construction, extension or improvement of such system as aforesaid, and to establish required or reasonable reserves and funds including depreciation reserves, maintenance and repair funds, sinking funds for retirement of revenue certificates, bonds, or other indebtedness, etc. Any funds accumulated in excess of those required for the above purposes and not needed in any manner in connection with the operation, maintenance, extension, improvement and discharge of the indebtedness of the gas system shall be transmitted to the Mayor and Council of the City of Austell for appropriation and expenditure in any manner that such mayor and council may deem best within the exercise of the charter powers of the City of Austell. Revenues. Section 46-H. Should said board 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 board 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 councilmen 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

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by the Constitution and the Revenue Certificate Law of 1937, the mayor and councilmen shall proceed to issue revenue-producing certificates as provided for by the Act of 1937. Should the mayor and councilmen deem it advisable to secure the money on a bond issue, the mayor and councilmen should then proceed with an election for a bond issue as provided for by the Constitution and statutes. Indebtedness. Section 46-I. Said board shall elect a clerk for their body, either from said board 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 board may prescribe, for the faithful discharge of his or her duties, for the prompt payment of all monies collected into the depository, and for a true accounting of the expenditures of any of such funds. The bond shall be made payable to the board. The clerk so elected may also be clerk of the mayor and councilmen of the city. The board shall make such rules and regulations for the government of their servants and employees and for the distribution and use of the products of its gas systems or plants as it may deem proper, but they shall not make any contract which cannot be performed within two calendar years. Said board shall make semi-annual reports to the mayor and council showing all receipts and disbursements by them, and showing such other matters as the mayor and council may require. Said board shall be amenable to the mayor and council and subject to removal from office by them for neglect of duty or malfeasance in office. Board's clerk. Section 46-J. Said board may pass such ordinances and bylaws for the protection of the gas system or systems as it may deem proper, and when such ordinances and bylaws are approved by the mayor and council of said city, they shall have the force and effect of ordinances of said city and any person violating any one of said ordinances shall be tried as provided for in the city charter. The present ordinances of said city are retained and in force until changed by said bodies. Ordinances.

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Section 2. Be it further enacted by the authority aforesaid that if any section, portion, provision, sentence, paragraph or part 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 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. 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 charter of the City of Austell, as amended, as follows: To provide that the City of Austell, Georgia, shall have the right, power and authority to distribute, sell and furnish natural gas to customers located within and without the corporate limits of said city; to provide that the City of Austell may create a gas board or commission and to prescribe the duties and powers of such body; to otherwise amend such charter as previously amended, was published in the Cobb County Times in its edition of November 12, November 19, and November 26, 1953: T-765 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia convening on November 16, 1953, a bill to amend the charter of the City of Austell, as amended, as follows: To provide that the City of Austell, Georgia, shall have the right, power and authority to distribute, sell and furnish natural gas to customers located within and without the corporate limits of said city; to provide that the City of Austell may create a gas board or commission and to prescribe

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the duties and powers of such body; to otherwise amend such charter as previously amended; and for other purposes. This the 10th day of November, 1953. Harold S. Willingham, Representative, Cobb County 11: 12-19-26 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 28th day of November, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times Subscribed to and sworn to before me, a Notary Public, this 28th day of November, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal) Approved December 10, 1953. FULTON SUPERIOR COURTCHIEF DEPUTY CLERK. No. 535 (House Bill No. 864). An Act to amend an Act approved March 24, 1939 (Ga. Laws 1939, p. 565) entitled An Act to provide that in Fulton County, Georgia, the ordinary, sheriff, clerk superior court, tax receiver, tax collector and county treasurer may appoint a chief deputy, or chief clerk,

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or chief assistant as the case may be; to provide that such person so appointed may serve at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occuring in any of said offices the chief clerk, chief deputy or chief assistant, as the case may be, may fill out the unexpired term; to provide that this Act become effective upon the ratification of a constitutional amendment granting to such officers the authority to make such appointment; and for other purposes. by adding thereto two new sections so as to provide that the chief deputy clerk of the superior court shall be administrative officer of the Superior Court of Fulton County and so as to fix the minimum salary to be paid to said chief deputy clerk for his services as such and for his services as administrative officer of the courts. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved March 24, 1939 known as the Fulton Chief Deputies Act and entitled as follows: An Act to provide that in Fulton County, Georgia, the ordinary, sheriff, clerk superior court, tax receiver, tax collector and county treasurer may appoint a chief deputy, or chief clerk, or chief assistant as the case may be; to provide that such person so appointed may serve at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occuring in any of said offices the chief clerk, chief deputy or chief assistant, as the case may be, may fill out the unexpired term; to provide that this Act become effective upon the ratification of a constitutional amendment granting to such officers the authority to make such appointment; and for other purposes. be and the same is hereby amended by adding thereto the following sections 5 (a) and 5 (b) to wit: Section 5 (a). The chief deputy clerk of the superior court shall serve also as administrative officer of the Superior Court of Fulton County and as such shall

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aid the judges of said court in expediting the transaction of the business of said court in such manner as the judges thereof may direct. Administrative officer. Section 5 (b). The salary of the chief deputy clerk of the superior court, for his services as such and for his services as administrative officer of the court, shall be a total of not less than seven thousand eight hundred dollars ($7,800.00) per year, payable in equal monthly installments out of the treasury of Fulton County. Salary. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. 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 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 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 26th day of October, 1953, and once each week thereafter for 3 consecutive weeks as provided by law. /s/ Frank Kempton

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Subscribed and sworn to before me this 17th day of November, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia at the forthcoming session, for an amendment to Georgia Laws 1939, page 565, requiring the ordinary, sheriff, clerk superior court, tax receiver, tax collector, and county treasurer t name a chief deputy. Any pertinent amendment may be introduced and notice thereof is hereby given. This 26th day of October, 1953. Harold Sheats, County Attorney, Fulton County. Oct. 26 ufn Approved December 10, 1953. MARION COUNTYTREASURER'S SALARY. No. 540 (House Bill No. 788). 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), as amended by an Act approved February 26, 1953 (Ga. Laws 1953, January-February Session, p. 2701), so as to clarify the effective date of the receiving of the increase of the salary of said treasurer; 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 fix the salary of the Treasurer of Marion County, and to provide for the payment thereof, and for the purposes., approved August 8, 1916 (Ga. Laws 1916, p. 466), as amended by an Act approved February 26, 1953 (Ga. Laws 1953, January-February Session, p. 2701), is hereby amended by striking from Section 1 of said Act, as amended, the figure 1917 and inserting in lieu thereof the figure 1953, so that Section 1 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 the authority of the same, that from and after the first day of January, 1953, the Treasurer of the County of Marion in said State shall be paid a salary of seven hundred twenty dollars ($720.00) 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. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. 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 the publisher of the Marion County Patriot, which is the official organ of Marion County. He further states that the attached advertisement of Notice of Intention to Introduce Local Legislation was published in said paper on the following dates: Oct. 22, 1953, Oct. 29, 1953, and Nov. 5, 1953. /s/ B. L. Tyler, Publisher Marion County Patriot

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Sworn to and subscribed before me this Nov. 14, 1953. /s/ Rufus T. Mahony Ordinary, Talbot Co., Ga. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia, a bill to clarify the data of the receipt of the increase of the salary for the Treasurer of Marion County; and for other purposes. This 12 day of October, 1953. E. C. Stevens, Representative Marion County O. N. Singleton, Senator 24th District 10-22-3t Approved December 10, 1953. DECATUR CHARTER AMENDED. No. 543 (House Bill No. 784). An Act to amend the charter of the City of Decatur; granting power to said city to operate and maintain lots for the parking of vehicles; granting power to said city to purchase, acquire, rent or lease property of all kinds, and construct buildings on and equip said lots for above purposes, including the installation and operation of parking meters thereon; providing that the city may enter into any contracts, appropriate funds and borrow money for said purposes; that said city may make and collect such charges for the use of said parking lots as the Commission of the City of Decatur may deem proper; providing that said commission may adopt all ordinances, punitive and regulatory, which

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it may deem necessary or expedient to carry the provisions hereof into effect; providing that in the operation and maintenance of such parking lots said city shall be engaged in a governmental function; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That the charter of the City of Decatur be, and it is, hereby amended, so that said city is hereby empowered to operate and maintain lots for the parking of vehicles. Section 2. That the City of Decatur be, and it is, hereby empowered to purchase, acquire, rent or lease property of all kinds, and construct buildings on, and equip said lots for, the purposes set forth in Section 1 hereof, and shall have authority to contract for the installation of parking meters on said lots and to operate said parking meters; and to those ends said city may enter into any contracts, appropriate funds, and borrow money for said purposes. Said city may make and collect such charges for the use of said parking lots as the Commission of the City of Decatur may deem proper, and said commission may adopt all ordinances, punitive and regulatory, which it may deem necessary or expedient to carry into effect the provisions of this Act. In the operation and maintenance of such parking lots said city shall be engaged in a governmental function. The purpose of this Act is to help relieve the congestion of vehicular traffic on the streets of said city. Parking lots. Section 3. That all 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

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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 Local Legislation, City of Decatur, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which convenes in November, 1953, for the passage of a bill entitled as follows: An Act to amend the charter of the City of Decatur; granting power to said city to operate and maintain lots for the parking of vehicles; granting power to said city to purchase, acquire, rent or lease property of all kinds, and construct buildings on and equip said lots for above purposes, including the installation and operation of parking meters thereon; providing that the city may enter into any contracts, appropriate funds and borrow money for said purposes; that said city may make and collect such charges for the use of said parking lots as the Commission of the City of Decatur may deem proper; providing that said commission may adopt all ordinances, punitive and regulatory, which it may deem necessary or expedient to carry the provisions hereof into effect; providing that in the operation and maintenance of such parking lots said city shall be engaged in a governmental function; and for other purposes. This the 28 day of September, 1953. B. Hugh Burgess City Attorney City of Decatur, Georgia Notice of Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which convenes in November, 1953, for the passage of a bill entitled as follows:

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An Act to amend the charter of the City of Decatur; granting power to said city to operate and maintain lots for the parking of vehicles; granting power to said city to purchase, acquire, rent or lease property of all kinds, and construct buildings on ad equip said lots for above purposes, including the installation and operation of parking meters thereon; providing that the city may enter into any contracts, appropriate funds and borrow money for said purposes; that said city may make and collect such charges for the use of said parking lots as the Commission of the City of Decatur may deem proper; providing that said commission may adopt all ordinances, punitive and regulatory, which it may deem necessary or expedient to carry the provisions hereof into effect; providing that in the operation and maintenance of such parking lots said city shall be engaged in a governmental function; and for other purposes. This the 28th day of September, 1953. B. Hugh Burgess, City Attorney, City of Decatur, Ga. 10-1-3t 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 October 1, 8, and 15, 1953. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor

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Sworn to and subscribed before me this 17 day of November, 1953. /s/ Virginia Freeman, Notary Public, Georgia State at Large. (Seal) My commission expires Nov. 3, 1957. Approved December 10, 1953. PICKENS COUNTY COMMISSIONERCOMPENSATION. No. 545 (House Bill No. 743). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Pickens County, approved August 16, 1920 (Ga. Laws 1920, p. 598), as amended, so as to change the compensation 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 Pickens County, approved August 16, 1920 (Ga. Laws 1920, p. 598), is hereby amended by striking Section 6, relating to the compensation of the commissioner, and inserting in lieu thereof a new Section 6 to read as follows: Act of 1920 amended. Section 6. The Commissioner of Roads and Revenues of Pickens County shall be compensated in the amount of thirty-six hundred dollars ($3600.00) per annum, to be paid in equal monthly installments from the general funds of said county. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Affidavit of Publisher. Georgia, Pickens County. Before me, an officer authorized to administer oaths, came R. M. Edge, publisher of the Pickens County Progress, who deposes and says that the following and attached notice of intent to apply for the passage of a local bill, to change the compensation of the Commissioner of Roads and Revenues of Pickens County, Georgia, was published in the Pickens County Progress in its editions of September 24, October 1 and 8, 1953, to wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the November session of the General Assembly a bill to change the compensation of Commissioner of Roads and Revenues of Pickens County, Georgia. This 17th day of September, 1953. A. C. Moore Representative Pickens County. Deponent further says that the Pickens County Progress is a newspaper of general circulation in Pickens County, Georgia, is published weekly and is the newspaper in which the sheriff's notices are published. This 24th day of October, 1953. /s/ R. M. Edge Publisher Pickens County Progress Sworn to and subscribed before me, this October 24, 1953. /s/ Tony Tatum Clerk Superior Court, Pickens County, Georgia. (Seal) Approved December 12, 1953.

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LAMAR COUNTY COMMISSIONERS. No. 547 (House Bill No. 715). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Lamar County, approved March 8, 1943 (Ga. Laws 1943, p. 1066), as amended, so as to divide the county into commissioner districts; to provide for representation on the board from each district; 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 Lamar County, approved March 8, 1943 (Ga. Laws 1943, p. 1066), as amended, is hereby amended by striking Section 1, relating to the creation of the board, in its entirety and substituting in lieu thereof a new Section 1 to 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 a Board of Commissioners of Roads and Revenues in and for the County of Lamar is hereby created. Said board shall consist of three members. For the purpose of electing the members of said board, Lamar County is hereby divided into three commissioner districts. District No. 1 shall be composed of the Barnesville and Piedmont Militia Districts; District No. 2 shall be composed of the Milner and Chappelle Militia Districts; and District No. 3 shall be composed of the Red Bone and Johnstonville Militia Districts. There shall be a member on the board from each of the three commissioner districts, and a person in order to be eligible to represent a district must be a resident of said district and must be at least twenty-one years of age, of good moral character, and qualified to vote for members of the General Assembly. The members of the board shall be voted upon by the voters of the entire county and not only by the voters of the district from which

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they offer. The procedure set out in this section for the election of commissioners shall not be used until the election for commissioners to be held in 1956. Such procedure shall be used at that, election and all future elections for commissioners. Districts. Election of commissioners. 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 office 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, and that said Barnesville News Gazette is the newspaper in which the sheriff's advertisements in said county are published, and that the attached notice is a true and correct copy of the advertisement as published in said newspaper in the issues of October 8th, October 15th and October 22nd, 1953. /s/ William W. Dennis Sworn to and subscribed before me this 22nd day of October 1953. /s/ Cecil C. Mckoy, N. P. Notary Public. (Seal) Notice of Intention 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 providing for the division of Lamar County into districts for the purpose of electing members of the board of commissioners of roads and revenues of said county from such districts by the voters of the entire county; and for other purposes.

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This 30th day of September, 1953. L. G. Lifsey, Representative, Lamar County. Joe B. Adams, Senator, 22nd District. Approved December 12, 1953. TREASURER'S SALARY IN CERTAIN COUNTIES. No. 548 (House Bill No. 702). An Act to amend an Act entitled 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 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

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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, approved March 11, 1953 (Acts 1953, p. 3213), so as to strike therefrom Section 10 thereof and to provide in lieu thereof: that the treasurer in all such counties shall be entitled to one assistant who shall be paid a salary not to exceed $275.00 per month, who shall be named by the treasurer of such county and shall serve at the will of the treasurer and be discharged by the treasurer of such county, without any claims for any unearned salary or salaries; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled 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, approved March 11, 1953 (Acts 1953, p. 3213), be, and the same is hereby amended by striking Section 10 and adding a new paragraph as follows: Sec. 10, Act of 1958, amended. And that the said county treasurer shall be entitled to employ one assistant, whose salary shall be paid not more than $275.00 per month, and said assistant shall be named by the County Treasurer of all such counties and shall serve at the will of the said County Treasurer and

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be discharged by such Treasurer without any claim for any unearned salary or salaries. Salary. Section 2. Be it further enacted that all laws and parts of laws in conflict with this amendment be, and the same are hereby repealed. Approved December 12, 1953. ATHENSSTREET CLOSING. No. 549 (House Bill No. 773). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to close Hancock Avenue between Dearing Extension and Waddell Extension and to transfer all the public rights therein to the Board of Education of Athens, Georgia. Be it enacted by the General Assembly of Georgia, and by authority of the same it is hereby enacted as follows: Section 1. That portion of Hancock Avenue in the City of Athens between Dearing Extension and Waddell Extension is hereby closed as a public street or throughfare, and all of the public right, title and interests therein is hereby transferred from the Mayor and Council of the City of Athens to the Board of Education of Athens, Georgia. Hancock Avenue. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned, in response to a request by the Mayor and Council of the City

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of Athens, intend to apply to the General Assembly of Georgia at the November, 1953, adjourned session thereof for an amendment to the charter of the Mayor and Council of the City of Athens closing Hancock Avenue between Dearing Extension and Waddell Extension and transferring all of the public rights therein to the Board of Education of Athens, Georgia. This October 28, 1953. Chappelle Matthews Robert G. Stephens, Jr. Representatives from Clarke County in the General Assembly of Georgia. o30-n6-13 Georgia, Clarke County. Personally appeared before me, the undersigned attesting offier authorized by law to administer oaths, E. B. Braswell, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation affecting the Mayor and Council of the City of Athens was published in the Athens Banner-Herald on October 30, 1953, November 6, 1953 and November 13, 1953. /s/ E. B. Braswell Certified, sworn to and subscribed before me this 14th day of November, 1953. /s/ James Barrow Notary Public, Clarke Co., Ga. Notarial Seal Affixed. Approved December 12, 1953.

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MACONBOARD OF WATER COMMISSIONERS. No. 550 (House Bill No. 805). An Act to amend an Act approved August 3rd, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17th, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Act; to consolidated into one Act with such changes as may become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914, and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and whenever set forth, including any and all Acts amending changing or re-enacting any section or subsection of said Act or Acts; to amend Section 101 of said Act of 1927 as amended relating to the board of water commissioners by adding at the end thereof new matter setting forth qualifications for members of the said board; to prescribe such qualifications; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority the same as follows: Section 1. 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 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of

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the General Assembly of Georgia of 1927, 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 be, and the same is hereby further amended, by adding at the end of Section 101 of said Act of 1927 as amended, new language prescribing qualifications for members of the board of water commissioners, such new language being as follows: Acts amended. No person shall be eligible to hold office as a member of the board of water commissioners unless at the time of his election he shall have attained the age of 21 years, be a resident of the City of Macon qualified and registered to vote in its municipal elections. He shall not remove his residence from said city during his term of office on pain of forfeiture thereof. Qualifications. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say: That they, and each of them, are representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill or resolution, 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 and is the newspaper in which the sheriff's advertisements for Bibb County are

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published, on October 9, October 16, and October 23, 1953. /s/ John B. Harris, Jr. John B. Harris, Jr. /s/Andrew W. McKenna Andrew W. McKenna /s/ Denmark Groover, Jr. Denmark Groover, Jr. Sworn to and subscribed before me this 18th day of November, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Georgia, Bibb County. Notice is hereby given that application will be made to the November, 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 17th, 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 become necessary or proper, all of the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and 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; to amend Section 101 of said Act of 1927 as amended

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relating to the board of water commissioners by adding at the end thereof new matter setting forth qualifications for members of the said board; to prescribe such qualifications; and for other purposes. This notice is given with compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of Georgia of 1945. This 7th day of October, 1953. E. S. Bell, Jr. City Attorney. Approved December 12, 1953. WEST BAINBRIDGE CHARTER. No. 551 (House Bill No. 703). An Act to incorporate the City of West Bainbridge in the County of Decatur; 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 waterworks, sewers, gas and electric 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:

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Section 1. The City of West Bainbridge in the County of Decatur is hereby incorporated under the name and style of the City of West Bainbridge. That said City of West Bainbridge, 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. That said corporate body under the name and style of the City of West Bainbridge shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise, to receive, hold, possess, enjoy, and retain in perpetuity or for any term of years or dispose of in any manner known to law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of the City of West Bainbridge for corporate purposes. The said city, through its mayor and council as hereinafter provided for, shall have special power to make and enter into contracts and agreements, as it may deem necessary for the welfare of the city or its citizens and specially to make contracts with public or private electric light or power plants, 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. Incorporation. Section 2. The city limits of the City of West Bainbridge shall be as follows: All of Land Lots 330, 331, 332, 333, 334, and 335 in the 15th District of Decatur County, Georgia. Limits. Section 3. Be it further enacted by the authority aforesaid that the government, supervision, powers, and

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control of said City of West Bainbridge shall be vested in a mayor and four aldermen to be known as city council. That the mayor and aldermen shall be elected from the city at large in the manner hereinafter provided. The term of the mayo shall be for two years and the term of each alderman shall be for two years. Council. Section 4. Within thirty days from the approval of this Act, the Ordinary of Decatur County, Georgia, shall hold an election, the expenses of which shall be born by the County of Decatur. Those persons eligible to vote in said election shall be all people who have resided within the area described in Section 2 for a period of six months prior to the election and also those people who own real property within the area. In the event that any of such property is owned by a non-resident individual or corporation, they may designate by letter to the ordinary the name of the individual authorized to cast their ballot for them. Each such non-resident, corporation, partnership or firm shall be entitled only to one vote, irrespective of how many different tracts of land are owned thereby. The ballots shall be marked For incorporating the City of West Bainbridge, Georgia, and Against incorporating the City of West Bainbridge, Georgia, with instructions that the voter shall leave unmarked the sentence expressing his choice, and shall erase or strike through with pen or pencil the other sentence not expressing his choice. This charter nor any of its provisions shall become effective unless a majority of the voters voting in such election shall vote in favor of incorporating the City of West Bainbridge, Georgia. If a majority of the voters voting in such election shall vote in favor of incorporating the City of West Bainbridge, Georgia, it shall be the duty of the Ordinary of Decatur County, Georgia, to immediately announce the results and designate a period of thirty days during which a mayor and at least four aldermen shall qualify. The election shall be held thirty days thereafter, but in the event such day is a Sunday or legal holiday, then on the next available day thereafter. Thereafter all elections shall be held on the first Wednesday of the month in which this original election is held. The person receiving the

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highest number of votes for the office of 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. The four persons receiving the highest number of votes for the offices of aldermen shall be declared elected as aldermen for a term of two years and until their successors are elected and qualified. There shall also be elected at this time, five members of the Democratic Executive Committee of West Bainbridge, Georgia. The expenses of the election for mayor, aldermen, and committeemen shall be borne by qualifying or entrance fees required of those who qualify, the amount thereof to be determined in the first election by the Ordinary of Decatur County. Referendum as to incorporation. Section 5. Any person who is a resident of said city and has been a resident thereof for the six months immediately preceding the date of the election and who is at least twenty-one years of age and a qualified voter of Decatur County shall be eligible to be elected as mayor, alderman, or committeeman. Should the mayor or any alderman or committeeman remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Qualifications of mayor, aldermen and committeemen. Section 6. 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 alderman or committeeman (as the case may be) of the City of West Bainbridge. 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. Their oath. Section 7. Be it further enacted by the authority aforesaid that the mayor and aldermen shall constitute the city council of said city and as such shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to

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them may seem right and proper relating to drainage, ditches, bridges, streets, railroad crossings, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, livery stables, sales stables, warehouses, storehouses, hitching places, markts, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said city, for the preserving of the peace, good order and dignity of said government. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts herefore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act. That said city council shall have the authority and power to negotiate for loans, to borrow money on behalf of the City of West Bainbridge, to pledge the property and assets of said city as security, and to execute such and all instruments they deem necessary for any loan made to said city. That the mayor and three aldermen shall constitute a quorum for the transaction of any business before the city council at its regular meeting, and the mayor and four aldermen shall constitute a quorum for the transaction of any business at a called meeting, and that a majority of the votes of those present shall determine all questions coming before council. That said council shall hold regular meetings at least once a month at stated times and places in said city. That said city council may hold such special meetings to be called by the mayor, or in his absence by the mayor pro tem., or if two or more aldermen request the mayor in writing that such a special meeting be called, it shall be mandatory upon the mayor or mayor pro tem. in the absence of the mayor to comply with such request. Notice of all special

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meetings of city council shall be given each alderman when said officer is in said city and can be located. That at any meeting any alderman shall have the right to call for an aye and nay vote upon any question requiring action by council and such aye and nay vote will be taken if three aldermen vote for same and the vote will be shown on the minutes of city council. That all meetings of city council shall be public and the public shall be allowed at all times to witness and hear the deliberations of city council, except when city council resolves itself by a majority vote into executive session then the public shall be excluded. Grant of powers. Meetings of council. Section 8. Be it further enacted by the authority aforesaid that the city council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said city. Said special election should be held as soon as practicable, and not less than ten days from the date of the vacancy, notice of the time for the special election shall be published once in a local newspaper, and said special election to be held under the same rules and regulations as general elections. Elections to fill vacancies. Section 9. Be it further enacted by the authority that the power and authority to supervise, regulate, control, conduct and generally to oversee all elections are hereby granted the city council. They may, by ordinance or otherwise regulate and provide means and methods for said elections to be held and appoint election managers. They may designate when, how, and under what conditions candidates for any city office may qualify, when the qualification will open and close and the fee connected therewith. Any person dissatisfied with the final decision of city council with reference to any election may certiorari to Decatur Superior Court. Conduct of elections. Section 10. Be it further enacted by the authority aforesaid that the City of West Bainbridge shall provide and keep a book to be called the permanent registration book upon which all persons desiring to qualify as electors

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in and for said City of West Bainbridge 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 West Bainbridge 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 eligible electors for the City of West Bainbridge. Registration. (a) That the city council shall appoint three citizens of West Bainbridge as registrars whose term of office shall end December 31 of each year and until their successors are appointed and qualified. Their duties shall be to prepare a list of all citizens who are eligible to vote in any election held by said city. The registrars shall elect a chairman from the board of registrars and shall revise and prepare a list of qualified voters before any election held in said city. (b) The registration of citizens as herein provided shall be made at least ten days before any election and to be eligible to be an elector, the citizen must be registered in the registration book as provided for herein at least ten days prior to 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.

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(d) The said registrars shall file the completed list of voters or electors in duplicate with the clerk of said city at least four days before any election and the said clerk shall deliver the original of said list to the election manager before or the day of election. Section 11. Be it further enacted that the mayor of said city shall be the chief executive officer of the City of West Bainbridge. He shall see that all laws, ordinances, resolutions, and rules of said city are faithfully and fully executed and enforced, and that all officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city. He shall preside at all meetings of the city council, and shall vote only in case of a tie vote of council and as specified hereinafter. He shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by council, if in his judgment such ordinance, rule, resolution, or regulation is not to the best interest of said city. In the event of a veto, then such ordinance, resolution, or regulation shall not be valid unless passed at a subsequent meeting of city council by the affirmative concurring vote of two-thirds of the aldermen present. The ayes and nays to be taken. In the event the mayor does not approve or veto any ordinance, resolution, rule or regulation within five days after its passage and adoption by city council, then the ordinance, resolution, rule or regulation becomes in full force and effect in the same manner as if the same was approved by the mayor. Mayor. Section 12. Be it further enacted that the city council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect an alderman as mayor pro tem.; whose duties shall be to perform all the duties of mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified mayor as provided for herein. That in case of vacancy in the office of the mayor, the mayor pro tem. shall perform all the duties pertaining to the office of mayor until the next regular election, at which time a

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mayor shall be elected for the unexpired term, if any. The mayor pro tem. when so acting shall be known as acting mayor. Mayor pro tem. Section 13. Be it furthe enacted by the authority aforesaid that all ordinances, orders, resolutions and regulations when the same shall have become effective shall be kept in appropriate books and records by the clerk of said city open for reasonable inspection during office hours. That the city council shall have the authority to have prepared and published in book form or pamphlet form a code of laws, bylaws, ordinances, rules and regulations of said city to be known as Code of the City of West Bainbridge, the same to become effective and of force as soon as adopted and approved the same as provided for ordinances herein, which code may be amended and revised from time to time by the city council the same as ordinances and any section or part thereof under a certificate of the clerk of said city verifying the same to be the Code of the City of West Bainbridge or any section or part thereof shall be admitted to record in any court of this State. Code. Section 14. Be it further enacted by the authority aforesaid that the City of West Bainbridge is hereby granted the power and privilege of eminent domain, and the city council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said city, for public parks, playgrounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage, or trash, and for any other public purposes and improvements. Eminent domain. (b) The said city are authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the city. (c) Be it further enacted by the authority aforesaid that the city council shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said city and to open, lay out, and

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establish any new street, alley, lane, walk or square, any building or bridge, of whatsoever nature. The power and authority of eminent domain is granted to said city for these purposes and should eminent domain be exercised the laws of Georgia in force at the time eminent domain is exercised by the city shall govern the procedure. Streets, sidewalks, etc. Section 15. Be it further enacted by the authority aforesaid that there shall be a clerk of council, elected by the city council, whose duty it shall be to attend each meeting of the city council, to keep accurate minutes of each meeting, to record in the minutes all acts and doings of council, except when they may be in executive session, to keep and record all ordinances, laws and resolutions passed or enacted by the city council in appropriate books. He shall be ex officio clerk of the mayor's court of said city and keep records of said court. He shall issue all licenses, permits and receipts in the name of said city, to collect therefor and account for all funds so collected. He shall issue summons and writs when directed by the mayor, any alderman, city marshal, city police or city attorney, and to perform such other duties as he may be directed to do by the mayor or city council whether by rule, resolution or otherwise. Clerk of council. (b) There shall be a treasurer for the City of West Bainbridge, the clerk of council may also be treasurer, whose duty it shall be to receive and safely keep all moneys belonging to said city. He shall keep accurate records of all his official transactions, and keep separate accounts of all moneys received from taxes and licenses levied for specific purposes. He shall pay out money only when he is officially requested so to do. Said treasurer shall be and is hereby made tax receiver and tax collector for said City of West Bainbridge 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.

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(c) There shall be a city marshal for the City of West Bainbridge, elected by the city council, and he shall make levies for taxes and other executions issued by said city, he may serve warrants, processes, and other writs, make arrests, advertise sales make sales, impound stock, execute deeds, bills of sale and other instruments, he shall have charge of the prisoners whether confined in jail or sentenced or assigned to the public works gang and in fact perform all and every duty of this office and any other office or duty imposed upon him by city council. Marshal. (d) That the city council is further authorized and empowered to elect a chief of police, policemen, health officer, building inspector, chief of fire department, city physician, city attorney, city engineer, waterworks superintendent, cemetery keeper, and such other officers and employees as said city council may deem necessary for the City of West Bainbridge. Other officers and employees. (e) Be it further enacted, that the city council may create or abolish, at their discretion, such offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under such regulations as they may ordain, and such offices may be abolished or the officers be removed therefrom whenever the city council may deem such to the best interest of the city. Each person elected or appointed by the city council takes and accepts the appointment and employment subject to being removed and dismissed at any time by the mayor or city council. Appeal may be made to the city council if the person so dismissed or removed desired, and in the event his appeal is sustained by an affirmative vote of three members of council, he will be restored to his former office or employment without loss of salary; but should his appeal receive less than four affirmative votes of the council, then his salary will cease effective at the time of his removal or dismissal by the mayor or council and he has no further recourse from the appeal except by certiorari to the Superior Court in and for Decatur County, Georgia. Appointment and removal.

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(f) Be it further enacted by the authority aforesaid that city council is authorized and empowered to fix and determine the compensation and salary to be received by each employee, either elective or appointive, of said City of West Bainbridge, including the mayor and aldermen. They may determine how, and when this compensation and salary to be paid and in such amounts as they deem proper. The salary and compensation shall be fixed and determined at the first regular meeting of council of each calendar year, or as soon thereafter as convenient, and when once fixed and determined, the same amount will be paid under the same terms until changed by the city council. Compensation. (g) That any official of the City of West Bainbridge may be indicted and punished for gross neglect of his official duty. He shall also be removed from office by the city council for gross neglect of official duty, and shall have the right to certiorari to Decatur Superior Court if dissatisfied with the decision of city council. Neglect of duty. (h) That the city council may audit or have an audit made of all or any part of the city records and books at such times as they deem necessary. They can adopt the auditor's report and findings as they see fit. Audits. Section 16. Be it further enacted by the authority aforesaid that the city council is hereby granted power and authority to authorize any arresting officer of said city to take and accept bond for the appearance at police court of any person arrested, giving receipt for any case received as bond. That should a cash bond be posted no further security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the City of West Bainbridge owning property of a net unincumbered value in excess of the homestead exemption and double the amount of the bond will be required as security on said bond. The arresting officer will pass upon the security. Appearance bonds. (b) In the event the principal appears in mayor's

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court at the time specified in said bond, the cash will be returned to him if a cash bond was given, and if a security bond was given, the surety or person acting as security will be relieved of further liability. (c) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the city. Section 17. Be it further enacted by the authority aforesaid that city council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The city council or the city tax assessors are authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return, and city council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm, or corporation failing to make such return. Taxation. Section 18. Be it further enacted by the authority aforesaid that city council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the City of West Bainbridge, 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 West Bainbridge to make application for a license or permit, and to pay a tax or license fee to the City of West Bainbridge. City council is granted the power and authority to assess such tax or license fees as referred to in this section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the same. Nothing in this section regarding the payment of

Page 2210

a license fee or tax shall apply to that person, firm or corporation which may exempt from the payment of the same by the laws of this State or of the United States, but city council is granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the City of West Bainbridge. Licenses. Section 19. Be it further enacted by the authority aforesaid that the said city council shall have the right and power to raise necessary revenue to properly carry on the government of said city, to build and repair sewers, water lines, procure water supplies, to make, open, grade, pave, repair and keep in order the lanes, streets, sidewalks, bridges, and drains of said city, to light the same, to properly police the same, to pay salaries, costs and expenses of city officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices and to furnish, maintain, and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payment of debts of the city, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, play grounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the discretion of city council to add to the comfort, safety, convenience, benefit, health, advantage of said city and the citizens thereof, and for the improvement of said city as may in their best judgment be necessary and for other purposes, in order to properly carry on the city government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of the said city, as council may determine, subject under the law to pay such tax. Also to tax not exceeding two and one-half (2) per centum of the value on all the property within the corporate limits of said

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city; also to impose and collect such tax or license fee as the city council may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax or license under the laws of this State or the United States, and may enforce the payment of the same by license or direct tax in such manner and by such methods as city council may deem to the best interest to said city; but all taxation and property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed in said city. General powers. Section 20. Be it further enacted that every person, firm, or corporation owning property, real or personal, or otherwise, subject to taxation by the City of West Bainbridge, shall make a return of such property for taxation to the clerk of said city, he being the clerk of council, or before the first day of April of each year. In the event such return is not made on or before April 1 of each year, then the tax assessors of city council shall make the return, and penalties as may be provided for by the city council shall be added to and considered as a portion of the taxes on the property so returned. Tax returns. Section 21. The mayor and aldermen of said City of West Bainbridge shall have authority and power to provide by ordinance or otherwise when tax returns shall be made, to provide means and methods as well as forms for the returning of property for taxation, and to provide penalties for failure to make returns as required. The city council shall have the authority and power to provide when taxes shall become due; when taxes shall become delinquent and past due, and fix a penalty for the non-payment of taxes or any part thereof, to offer a discount for payment of taxes within specified periods; also to order and issue tax executions against all persons, firms, or corporations who do not pay their taxes when due. When such execution is issued by the City of West Bainbridge, the same shall be a lien against all the property owned by the taxpayer who is the defendant in fi. fa. and may be levied by the city marshal or any other authorized

Page 2212

by the laws of this State to make levy and sale. The city marshal is authorized and empowered to levy upon any property of the delinquent taxpayer and advertise and sell the property so levied upon in the same procedure as sheriffs of this State. Payment. Executions. Section 22. Be it further enacted by the authority aforesaid that it shall be the duty of city council each year before taxes and tax valuations are assessed and passed upon, to determine whether a board of tax assessors shall be appointed or whether the members of city council will act as tax assessors for the City of West Bainbridge. This action of city council should be reflected in the minutes of city council meeting. Tax assessors. Section 23. In the event city council decides to appoint a board of tax assessors for the City of West Bainbridge, it shall make such appointments on or before the regular April meeting of city council, and each person appointed shall hold office for a term of one year, and until his successor is appointed and qualified. Each member of the board of tax assessors for the City of West Bainbridge shall have been a citizen of West Bainbridge for not less than two years prior to his appointment, shall be a freeholder and taxpayer of said city, shall not be less than twenty-five years of age at the time of his appointment. Section 24. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force and charter of said city to make out a return for each defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by city council for failure to make returns of property for taxation. Defaulting owners. Section 25. In all cases where a change is made by the board of tax assessors in the return of the taxpayer, the board shall notify the taxpayer in writing of the change made in the tax return, setting forth in the notice

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the items changed or added, and the valuation placed thereon by the board, and advising the taxpayer of the time, place and hour when a hearing will be accorded by the board. This notice shall be served upon the taxpayer at least five days prior to the date set for a hearing. In cases of non-residents, notice shall be served by mailing same to his last known address ten days prior to the date set for said hearing. The posting of such letter properly stamped in the post office at West Bainbridge shall be sufficient service. Changes in returns. Section 26. In the event that the City Council of West Bainbridge shall in any year act as tax assessors and do not appoint a board of tax assessors, the same rules and regulations shall apply to the city council as applies to the board of tax assessors. All rights and privileges granted to the taxpayer as to a hearing before the city council shall apply and be in force when the city council themselves are the board of tax assessors, and notices, and service shall be given and made the same as if a board of three tax assessors had acted as provided for herein. Council as assessors. Section 27. Be it further enacted by the authority aforesaid that the City of West Bainbridge is granted power and authority to issue executions and fi. fas. against any person, firm or corporation for any debt or claim the city may have against said person, firm or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the city. Execution and sale. (b) The City of West Bainbridge is granted authority and power to serve said execution of fi. fa., to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the mayor of said city is authorized

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to hear and grant orders for sale of personal property so levied upon and personal property may be sold after advertising the sale for ten days by posting notices at the city hall and two other places. Perishable property or personal property where there is an expense in the keeping of the same, may be sold after advertising the sale by posting notices at the city hall and two other places for three days. The marshal of said city, unless some other official is designated by city council, shall make said levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchasers in possession. (c) Any person having an interest in the property levied on as aforesaid may file a plea of illegality, as provided for by law, returnable to Decatur Superior Court. Section 29. Be it further enacted by the authority aforesaid, that the amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said city council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement by execution issued by the clerk of council of said city against the real estate so assessed and the owner thereof, and after advertising and other proceedings as in the case of tax sales under existing laws and ordinances. All affidavits shall set out in detail the reason why affidavit claims the amount is not due, and when received by said city shall be returned to the Superior Court of Decatur county, and there tried and the issue determined as in the case of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia. Illegalities. Section 30. Be it further enacted by the authority aforesaid that the city council shall have the power and authority to prescribe by ordinance such rules and regulations

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as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining or otherwise improving the streets, sidewalks, ways and alleys of said city and the assessment of any or all the costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments. Streets sidewalks, etc. Section 31. Be it further enacted by the authority aforesaid that the city council shall have the authority in the name of the City of West Bainbridge to provide for the issuance of executions for the full assessments against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement, and shall have the authority to issue street improvement certificates or bonds to cover the estimated cost thereof, which certificates or bonds shall in no event become a liability of the City of West Bainbridge, but shall be payable solely from assessments made against real estate under the provisions of this Act, and sell the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable at such times and shall bear such rate of interest payable annually or semiannually, as may be determined by city council. Said certificates or bonds shall be signed in the name of the City of West Bainbridge by the mayor, attested by the clerk of council of said city, and shall have the corporate seal of said city affixed thereto. They shall be payable to bearer at such place as may be designated, and shall be based upon the executions issued against the abutting property owners for street or sidewalk improvement as hereinbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price or consideration as may be agreed upon in the payment of the amount due said contractor on his contract. Such certificates or bonds may be registered with the clerk of council in records to be provided for that purpose, and certificates of registration by the clerk of

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council shall be entered and endorsed upon each of said certificates or bonds so registered. Street improvement bonds. Section 32. Be it further enacted by the authority aforesaid the provisions of this Act shall likewise apply to any sewer or water lines or mains the City of West Bainbridge through its city council may deem necessary to construct or rebuild; and the city council shall have the same power and authority as to such extension or rebuilding of sewer and water lines of said city as vested in them by this Act as to paving, repaving, curbing and otherwise improving the sidewalks and streets of said city, and all the provisions to this Act shall apply to such additions and improvements to the sewer and water lines of said city to the levying of assessments to cover the costs and expenses thereof and to the issuance of certificates or bonds to raise money for such purposes; but certificates and bonds issued for the extension or improvement of sewer or water lines or mains shall be known as sewer improvements certificates or sewer improvements bonds, or water improvements certificates or water improvements bonds, sewer and water certificates or sewer and water bonds, as the case may be. Sewer and water lines. Section 33. Be it further enacted by the authority aforesaid that no paving or repaving of any of the streets of the City of West Bainbridge or part or parts thereof, or extension or improvements of any of the water or sewer lines and mains of said city shall be undertaken by the city council except by consent of the property owners owning a majority of the property abutting on the streets to be improved or where sewer or water lines or mains are to be improved or extended, determined according to the method of assessment adopted under this Act as provided for herein, that is, on the basis of lineal feet frontage area or value of abutting property, one or more or all. When said city council shall determine and decide to submit a street improvement project, such consent may be determined by a failure of such majority of such owners of property, determined as aforesaid, within fifteen days after the publication in any

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newspaper in the County of Decatur of a notice by the Clerk of the City Council of West Bainbridge that an improvement project is contemplated, naming the street or streets, or part of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by the filing of a petition by a majority of the owners of the property, determined as aforesaid for an improvement project, which petition shall specify the streets or street, or part or parts of street or streets which it is deemed shall be improved, and the nature of the improvement sought. After it is determined by said city council that a majority of said owners of property, determined as aforesaid, have not filed protest or objection to an improvement project contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid, have petitioned for such improvement project, then the said city council, before they shall be authorized to proceed further with such improvement project, shall pass an ordinance providing for such project, which ordinance shall be published one time in any newspaper published in said County of Decatur, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Consent of abutting owners to improvements. Section 34. Be it further enacted by the authority aforesaid, that the city council shall have the power and authority to issue bonds of said City of West Bainbridge at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of five percent per annum, and not run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the

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date of their issue in the discretion of the city council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, either gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings, and adequate fire department, a hospital and drainage. Bonds. Section 35. Be it further enacted, that said city, by and through its city council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect taxes, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and Acts amendatory thereof. Revenue-producing projects. Section 36. Be it further enacted by the authority aforesaid that the city council shall have the power and authority to impose a tax, not exceeding two dollars per capita per annum on dogs owned or kept or found within the corporate limits of the City of West Bainbridge, and shall have the power and authority to pass such ordinance as they deem necessary to collect such tax, or to otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of West Bainbridge to impound or kill any dog or dogs at large within the corporate limits of West Bainbridge whose owner has failed or refuses to pay such tax, and also to otherwise provide for punishment of such owner or owners. Dogs. (b) That city council is granted further power and

Page 2219

authority to have all dogs inoculated against rabies or other disease and to destroy those animals which are not so treated. Section 37. Be it further enacted that the city council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said city places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said city by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the city from street tax; to protect the person or property of the citizens of said city; to regulate and control public meetings and public speaking in the streets of West Bainbridge; to contribute and support any work for the physical and moral uplift and benefit of the people of the city; to prevent the obstruction of the streets of said city; or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside of the city limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Police and welfare powers. Section 38. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the city councilmen of the City of West Bainbridge may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the city for the purpose of regulating the location of trades, industries, apartment-houses

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dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and aldermen of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety order, morals, convenience, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. Zoning. Section 39. Be it further enacted by the authority aforesaid that the city council shall have authority to establish a city jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safekeeping and that said city shall have the right to establish a public works gang for the purpose of working the streets and other municipal work of said city. The presiding officer at the mayor's court is granted authority to sentence any person convicted of the violence of any ordinance or law of said city to a term in jail, a term on the public works gang, a fine, any one or all of said penalties. City council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp. Prisoners. Section 40. Be it further enacted by the authority aforesaid that the mayor's court shall have power and

Page 2221

authority to preserve order during its session, to compel the attendance of witnesses, to punish for contempt for not more than 5 days in jail or not to exceed a $50.00 fine or both, to issue warrants for arrest, to act with same powers and authority of an ex officio justice of peace in binding over to a higher court and assessing bond therefor. It is further provided that city council may have the same rights as mayor's court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the clerk of council and levied as other executions. Mayor's court. Section 41. Be it further enacted by the authority aforesaid that the rights of certiorari from the judgment of mayor's court shall be had to the Superior Court of Decatur County and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Certiorari. Section 42. Be it further enacted by the authority aforesaid that the city council is granted power and authority to enact such ordinances, resolutions, rules and regulations it deems necessary regarding the establishment of subdivisions of land within the city limits. It shall be the duty of each person or firm establishing or creating a subdivision of land in West Bainbridge 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 West Bainbridge. Subdivisions. Section 43. Be it further enacted that the city council shall have power and authority to require any person, firm or corporation to obtain from said city written permit to build, erect, repair or remodel in said city any house, building or any kind of structure, where the estimated costs thereof shall exceed fifty dollars. The city council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The city council

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shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits. Building permits. Section 44. Be it enacted by the authority aforesaid that the city council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said city and upon the streets, railroads, alleys, or other places in said city. Vehicles. Section 45. Be it further enacted that the City of West Bainbridge shall have the power and authority to own, acquire, control, and maintain property in or near said city for a cemetery, and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances and to prescribe such rules and regulations as the city council may deem necessary to properly regulate, protect and control the said property and the use thereof. Cemeteries. Section 46. Be it further enacted that the city council may declare what shall be a nuisance in said city, and provide for the abeyance of the same; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at an expense or cost to the City of West Bainbridge and the owner of said nuisance fails and refuses to pay said cost or expense within ten days after a demand is made for such payment, then the Clerk of the City of West Bainbridge shall issue execution in the name of said city for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the superior courts of this State. Nuisances. Section 47. The city council is authorized and empowered

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to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utilities service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said city. The city council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the city council may deem necessary. That the said city shall have the right to obtain by purchase, gift or condemnation such right of ways and easements as may be necessary for the purposes as provided for in this section. Utilities. Section 48. Be it further enacted by the authority aforesaid that city council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the city limits or within the extra mile limit without the city limits as referred to herein where the sale, storage, or possession of malt or alcoholic beverages or drinks have a tendency to adversely affect the moral, physical or health conditions of said city or the inhabitants thereof. Alcoholic beverages. Section 49. Be it further enacted by the authority aforesaid that the mayor of said city shall have the power and authority to hold a court to be known as mayor's court at such time and place in said city as he or the city council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances, or laws of said city. (b) The mayor is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances, or laws of said city and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed two hundred dollars, or by confinement

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finement in the city jail or stockade or elsewhere in a place of confinement as may be designated by the mayor or city council, not to exceed sixty days, or by labor on the streets or public works of said city under the control, supervision and discretion of the proper officers not to exceed four months. The mayor may sentence the defendant to either one or more of said penalties or any part hereof. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The mayor may also require that the costs of prosecution shall be paid by the defendant. Mayor's court. (c) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said mayor's court, the same may be enforced and collected by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes. (d) The city council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in mayor's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the city council, the charges for costs shall be the same as are now or as may be lawfully charged in superior courts of this State. (e) The mayor of said city shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, State or city, committed within the city limits of said city. Said warrant may be served by the marshal or police of said city or by any other arresting officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said city. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation,

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bylaw, ordinance or law of said city has been violated, then the mayor may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the mayor may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State courts then all papers should be delivered to the clerk of the court to which the accused was bound over. (f) That the mayor pro tem. may serve as the mayor when the mayor is absent, disqualified, or unavailable to serve, then the alderman with the longest service as alderman of said city may serve as presiding officer at mayor's court. Section 50. Be it further enacted by the authority aforesaid that the sections and provisions of this charter and Act are severable and were so enacted by the Georgia General Assembly and should any section, or any part thereof be held contrary to the Constitution or laws of the State of Georgia or of the United States of America, the part so held to be void shall be ineffective but the remainder of said Act shall remain in full force and effect. Section 51. Be it further enacted by the authority aforesaid that all laws or portions of laws in conflict with this Act be and the same are repealed. Notice of Local Legislation. State of Georgia, County of Decatur. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which will convene on November 16, 1953, for the passage and approval of a bill entitled as follows: A Bill to be entitled an Act to incorporate the City of West Bainbridge

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in the County of Decatur; 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 waterworks, sewers, gas 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. This Act will provide that within 30 days from the approval of the Act, the Ordinary of Decatur County, Georgia, shall hold an election and those persons eligible to vote in said election shall be all people who have resided in the area for a period of six months prior to the election, and also those people who own real property within said area. The area described as being the city limits of West Bainbridge shall be all of Lots of Land Numbers 330, 331, 332, 333, 334, and 335, in the 15th District of Decatur County, Georgia. In the event that any of such property is owned by a non-resident individual or corporation, they may designate by letter to the ordinary the name of the individual authorized to cast a ballot for them. The ballot shall be marked. For incorporating the City of West Bainbridge, Georgia and Against incorporating the City of West Bainbridge, Georgia, and the charter of the City of West Bainbridge, Georgia, nor any of its provisions shall become effective unless a majority of the voters in said election shall vote in favor of incorporating the City of West Bainbridge, Georgia.

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This, the 26th day of October, 1953. /s/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Representatives of Decatur County, Georgia. Georgia, Decatur County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, H. Carl Cloud and J. Willis Conger who, after being duly sworn, deposes and says that they are Representatives from Decatur County to the General Assembly of the State of Georgia, and that the attached copy of Notice of Local Legislation was published in the Post Searchlight, which is the official organ of Decatur County, Georgia, on the 29th day of October, the 5th day of November and the 12th day of November, 1953. /s/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Sworn to and subscribed before me, this 13th day of November, 1953. /s/ J. W. Blounts Notary Public, Georgia. Approved December 11, 1953. BUENA VISTATAX ASSESSMENTS. No. 556 (House Bill No. 789). An Act to amend an Act creating a new charter for the City of Buena Vista, approved July 31, 1920 (Ga. Laws 1920, p. 792), as amended, so as to authorize the employment

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of tax experts for said city; 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. An Act to amend an Act creating a new charter for the City of Buena Vista, approved July 31, 1920 (Ga. Laws 1920, p. 792), as amended, is hereby amended by adding to Section 33 the following paragraph: The mayor and council are hereby authorized and empowered to employ and contract with persons skilled in matters pertaining to municipal taxation, for the purpose of assisting said assessors in assessing and appraising property in the city. Such persons are specifically authorized to make recommendations regarding all matters of taxation relating to the City of Buena Vista 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 county., so that Section 33 when so amended shall read as follows: Sec. 33, Act of 1920, amended. Sec. 33. Be it further enacted, that the mayor and council are authorized to elect three freeholders residing in said city assessors who shall value and assess all the property within said city liable for taxation. All persons dissatisfied with the value placed on their property shall appear before said assessors and produce testimony as to the value of property, and the decisions of said assessors after hearing the evidence shall be final. Said assessors shall make their report at such time and in such manner as the mayor and council shall prescribe by ordinance, unless contrary to the laws of this State. Said assessors shall be appointed and receive such compensation as may be prescribed by ordinance. Tax assessments. The mayor and council are hereby authorized and empowered to employ and contract with persons skilled in matters pertaining to municipal taxation, for the purpose of assisting said assessors in assessing and appraising

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property in the city. Such persons are specifically authorized to make recommendations regarding all matters of taxation relating to the City of Buena Vista 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 county. Experts. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. 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 the publisher of the Marion County Patriot, which is the official organ of Marion County. He further states that the attached advertisement of Notice of Intention to Introduce Local Legislation was published in said paper on the following dates: Oct. 15, 1953, Oct. 22, 1953 and Oct. 29, 1953. /s/ B. L. Tyler, Publisher Marion County Patriot Sworn to and subscribed before me this Nov. 14, 1953. /s/ Rufus Mahony Ordinary, Talbot County, Ga. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia, a bill to authorize the mayor and council to employ tax experts to assist the city assessors; and for other purposes.

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This 12 day of October, 1953. E. C. Stevens, Representative, Marion County, O. N. Singleton, Senator, 24th District. 10-15-3t Approved December 11, 1953. HABERSHAM GAS DISTRIBUTION AUTHORITY ACT. No. 559 (House Bill No. 632). An Act to create the Habersham County Gas Distribution Authority; to provide the purpose, duties and organization of said Authority; to provide for issuing of revenue bonds and providing for the validation of such bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. This may be cited as the Habersham Gas Distribution Authority Act. Section 2. There is hereby created a body corporate and politic, to be known as the Habersham County Gas Distribution 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, one of whom shall be the Ordinary of Habersham County; one of whom shall be a freeholder and qualified registered voter of the City of Cornelia, who shall be selected by the governing body of that city;

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one of whom shall be a freeholder and qualified registered voter of the City of Demorest, who shall be selected by the governing body of that city; one of whom shall be a freeholder and qualified registered voter of the City of Clarkesville, who shall be selected by the governing body of that city, and the fifth member of said Authority to be elected by the four other members of the Authority. The ordinary shall serve upon the Authority during his term as ordinary. The members selected from the cities of Cornelia, Demorest and Clarkesville shall serve for a term of four years until their successors are selected, and the fifth member elected by the other four shall be elected for a term of two years for the first time and for a term of four years for every term thereafter. Immediately after such appointments and election, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman. Three members of the Authority shall constitute a quorum for the transaction of business. The members of this Authority shall be entitled to no compensation. However, all members shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Incorporation. Members. Section 3. As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the Habersham County Gas Distribution Authority created by Section 2 of this Act. Authority. (b) The word project shall be deemed to mean and include the acquisition and construction of all necessary and usual natural gas facilities useful and necessary for the obtaining of one or more sources of natural gas supply, the treatment of natural gas and the distribution and sale of natural gas to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of Habersham County and the operation, maintenance, additions,

Page 2232

improvements, and extensions of such facilities so as to assure an adequate natural gas utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. Project. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. 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. Cost of project. (d) The terms revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Certificate Law of Georgia (Ga. Laws 1937, p. 761, as amended), and such type of obligations may be issued by the Authority as authorized under said Revenue Certificate Law and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for in this Act. Revenue bonds. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings 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 bonds

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which may be issued for the cost of such project or projects. Self-liquidating. Section 4. The Authority shall have power: (a) To have a seal and alter the same at pleasure; (b) 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; (c) 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 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 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 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 of 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

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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 and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, 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 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 to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of natural gas and related services and facilities by the Authority to such municipal corporations and counties for a term not exceeding 50 years. (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 bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and/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;

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(h) 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; (i) 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 (j) 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 which may in the future succeed to the powers, duties and liability 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 five hundred thousand ($500,000.00) 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 more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semi-annually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Bonds. Section 6. 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

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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, provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Forms, denominations, etc. Section 7. 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 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 or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Signatures. Section 8. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Negotiable instruments. Taxation. Section 9. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than five per centum (5%) per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from

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such computation the amount of any premium to be paid on redemption of any bond prior to maturity. Sale. Section 10. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Proceeds. Section 11. 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. Temporary bonds, etc. Section 12. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Lost or destroyed bonds. Section 13. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. 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. How issued.

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Section 14. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Habersham County, 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 said county to levy or to pledge any form of taxation whatever 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. Not debt of county. Section 15. 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 fees, tolls, 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 bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth

Page 2239

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 indentures may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Trust indenture. Section 16. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds 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. Section 17. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments 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

Page 2240

shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Sinking fund. Section 18. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Rights of bondholders. Section 19. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Revenue refunding bonds.

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Section 20. 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 Habersham 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 21. 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 to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the natural gas system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality 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 be determined and the contract or contracts 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, against the authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Habersham County Gas Distribution Authority Act. Validation. Section 22. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the

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Authority. The provisions of this Act shall be for the benefit of 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. Provisions of Act as contract. Section 23. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Funds. Section 24. Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of natural gas supply, treatment of such natural gas, and thereafter the distribution of same to Habersham County, and the various municipalities in said county and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the Authority from selling and delivering natural gas direct to consumers in those areas where there does not now exist natural gas distribution systems and where neither any county nor municipality deems it desirable or feasible to furnish natural gas in such locality. General purpose of Act. Section 25. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls, or charges for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the natural gas utility system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Revenue bonds.

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Section 26. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which natural gas service and facilities shall be furnished. Rules and regulations. Section 27. 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 28. This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 29. 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 30. This Act does not in any way take from Habersham County or any municipality located therein or any adjoining county the authority to own, operate and maintain natural gas systems or issue revenue certificates as is provided by the Revenue Certificate Law of Georgia. Section 31. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Habersham County. Personally appeared before the undersigned, an officer of this State duly authorized by law to administer oaths, Chas. T. Graves and Mrs. Chas. T. Graves, who, on being first duly sworn depose and say on oath that they are publishers of the Tri-County Advertiser, the newspaper in which sheriff's advertisements are published in Habersham County, Georgia, and do hereby certify that

Page 2244

the following advertisement of notice of intention to apply for local legislation was published in the Tri-County Advertiser on the following dates: January 15, 1953; January 22, 1953 and January 29, 1953. Legal Notice. Notice is hereby given in accordance with the Constitution and laws of the State of Georgia that at the session of the General Assembly of Georgia, which convenes on Monday, January 12, 1953, there will be introduced a bill entitled: An Act to create the Habersham County Gas Distribution Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects for the distribution and sale of natural gas and other gases to individuals, private concerns and municipal corporations: to confer powers and impose duties on the Authority; to provide for membership and the appointment of members of the Authority and their terms of tenure and compensation; to authorize the Authority to contract with others pertaining to gas utilities and facilities and to execute leases and purchase agreements and do all things necessary or convenient for the operation of said undertakings or projects; to authorize the issuance of revenue bonds or certificates of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or certificates and to authorize the execution of trust indentures to secure the payment thereof; to provide that no debt of Habersham County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the Authority exempt from taxation as provided for by law, to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated;

Page 2245

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. This notice given as required by law. This 12 day of January, 1953. Oliver G. Allen, Ordinary of Habersham County, Georgia. This the 17th day of February, 1953. /s/ Chas. T. Graves /s/ Mrs. Chas. T. Graves Sworn to and subscribed before me, this the 17th day of February, 1953. /s/ Glenn W. Ellard Notary Public, Georgia, State at Large. My commission expires Aug. 14, 1954. Approved December 11, 1953. COLUMBUSSTREET CLOSING. No. 561 (House Bill No. 766). An Act vesting in the City of Columbus power and authority to sell and convey to the abutting owner on the east the fee simple title to that part of Eighth Avenue in said City of Columbus described as follows: The east thirty-nine (39) feet of said Eighth Avenue lying between the southern line of Linwood Boulevard and the north line of Fifteenth Street, said Eighth Avenue having a uniform width of ninety-nine (99) feet, but never actually having been opened as a street; and for other purposes. Be it enacted by the General Assembly of the State

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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 to the abutting owner on the east the fee simple title to that part of Eighth Avenue in said City of Columbus, described as follows: The east thirty-nine (39) feet of said Eighth Avenue lying between the southern line of Linwood Boulevard and the north line of Fifteenth Street, said Eighth Avenue having a uniform width of ninety-nine (99) feet, but never actually having been opened as a street. Eighth Avenue. Section 2. That said sale and conveyance may be made pursuant to a resolution to be adopted by the Commission of the City of Columbus 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 said commission, 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 Eighth Avenue shall cease to be a public street. 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 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.

Page 2247

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 November, 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 to the abutting owner on the east the fee simple title to that part of Eighth Avenue in said City of Columbus described as follows: The east thirty-nine (39) feet of said Eighth Avenue lying between the southern line of Linwood Boulevard and the north line of Fifteenth Street, said Eighth Avenue having a uniform width of ninety-nine (99) feet, but never actually having been opened as a street; and for other purposes. This 26th day of October, 1953. Albert W. Stubbs Assistant City Attorney City of Columbus, Georgia 10-29, 11-5, 12 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 October 29, 1953, November 5, 1953 and November 12, 1953. /s/ M. R. Ashworth

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Sworn to and subscribed before me, this 12 day of November, 1953. /s/ H. L. Hollis Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved December 12, 1953. MARSHALLVILLE CHARTER AMENDED. No. 562 (House Bill No. 810). An Act to amend an Act approved August 21, 1906, as same appears in Acts of the Georgia legislature of 1906, pages 850-859, and entitled An Act to incorporate the Town of Marshallville, in the County of Macon; to define its limits; to provide for a mayor and five councilmen, and other officers of said town; to prescribe their powers and duties; to provide for making of all laws, rules, regulations, and ordinances for the proper government and control of said town, and the enforcement of its ordinances and all other Acts of the legislature of Georgia incorporating the Town of Marshallville, Georgia, and all Acts amendatory thereof and thereto, by striking from all of said Acts, wherever same appear, the words Town of Marshallville, Georgia and inserting in lieu thereof the words City of Marshallville, Georgia; and also by striking from an Act amending said Act approved August 21, 1906, and approved August 18, 1913, as same appears in Acts of the Georgia legislature of 1913, pages 1005-1010, Sections 6, 7, 8, 9, 10 and 11 thereof which said sections provide for a water and light commission; to provide that all rights and powers heretofore vested in said water and light commission shall be vested in the mayor and councilmen of the said City of Marshallville; to provide that said water and light commission shall be abolished upon the approval of this

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Act, and thereupon all records, funds, and assets of every kind under the custody or control of the said water and light commission shall be turned over to said mayor and council; to provide that said mayor and council shall have all power heretofore vested in the water and light commission over all such utilities as said water and light commission has heretofore managed or controlled or over which said water and light commission has held or exercised any authority or right of authority; to provide that the Mayor and Council of the City of Marshallville shall have all rights, powers, privileges, and authority over all utilities of every kind, including natural or artificial gas, water, sewerage, or electricity, that are now held or exercised by the water and light commission over such utilities or services now under the authority or control of said water and light commission; 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 wherever, in any Act or Acts of the legislature of Georgia incorporating the Town of Marshallville, the words Town of Marshallville appears, said words shall be stricken from said Act or Acts; and in lieu thereof shall be inserted the words City of Marshallville. City of Marshallville. Section 2. That from and after the passage of this Act, the municipal corporation in Macon County, Georgia, heretofore known or designated as the Town of Marshallville, Georgia, shall be officially known and designated, for all purposes, as the City of Marshallville, Georgia. Section 3. That Sections 6, 7, 8, 9, 10 and 11 of an Act approved August 18, 1913, amending the charter of the Town of Marshallville (Acts 1913, pp. 1005-1010), and which said sections create and confer certain powers

Page 2250

and authority upon a water and light commission for the Town of Marshallville, be, and the same are hereby repealed. Water and light commission. Section 4. That from and after the approval of this Act, all powers, rights, privileges, and authority heretofore vested in said water and light commission are hereby vested in the Mayor and Council of the City of Marshallville. Section 5. That all the powers, rights, privileges, and authority heretofore held or exercised by the water and light commission, as to all matters, are hereby vested in the Mayor and City Council of the City of Marshallville. All such rights, privileges, powers, and authority are vested in said mayor and city council over, or in connection with electricity, sewerage systems, sewerage disposal plants, natural gas systems, artifical gas systems, and all utilities of every kind, as to construction, maintenance, and operation of said utilities. All powers, rights, privileges, and authority heretofore held or exercised by said water and light commission in any way related to or connected with the maintenance, operation, construction, regulation, or control of any utility, or the acquisition of rights of way or easements, are hereby vested in the Mayor and Council of the City of Marshallville. Section 6. Upon the approval of this Act, the full and complete management and control over all funds, moneys, property, books, records, and all articles of every kind; and the title to all property, real and personal, easements, pipes, machinery, and property of every kind and description, heretofore vested by law in the water and light commission, is hereby vested in the Mayor and Councilmen of the City of Marshallville, Georgia. Section 7. That evidence of advertising required by law is hereto attached and made a part hereof.

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Section 8. That all laws and parts of laws in conflict herewith are hereby repealed. November 14, 1953 To Whom It May Concern: This is to certify that Notice of Local Legislation Affecting Town of Marshallville, Georgia, Macon County was published for three consecutive weeks: October 8, 15 and 22, 1953, in the Citizen Georgian, official organ of Macon County. /s/ J. C. Cox J. C. Cox, Publisher /s/ J. H. Patterson, N. P. Ga. State at Large. My com. exp. 3-19-55. (Seal) Notice of Local Legislation Affecting Town of Marshallville, Georgia, Macon County. Notice is hereby given that application will be made to the November, 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 to incorporate the Town of Marshallville, and for other purposes, approved August 21, 1906, as same appears in Acts of Georgia legislature of 1906, pages 850-859, and all other Acts incorporating the Town of Marshallville, Georgia, and all Acts amendatory thereof and thereto by striking from all said Acts the words Town of Marshallville and inserting in lieu thereof the words City of Marshallville, so that the official name of said municipality shall be The City of Marshallville, Georgia; and also by abolishing the Water and Light Commission of the Town of Marshallville and vesting all rights, powers, privileges, control, authority, and property heretofore vested in said water and light commission in the said Mayor and Council of the City of Marshallville; to authorize the mayor and council to exercise all rights,

Page 2252

powers, and authority of every kind heretofore exercised by the water and light commission, as to all utilities of every kind, including natural gas, artificial gas, water, electricity, sewerage systems, and sewerage disposal systems; and for other purposes. This notice is given in compliance with Article 3, Section 7, paragraph 15 of the Georgia Constitution of 1945 (Code Section 2-1915). T. L. Coogle, Representative, Macon Ga,. Ga. 10-8-53-3t-cg Approved December 12, 1953. ELBERT COUNTYSHERIFF'S COMPENSATION. No. 565 (House Bill No. 813). An Act to authorize the County Commissioner of Elbert County to pay, in his discretion, a sum not to exceed $100.00 per month to the sheriff of said county for contingent expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The County Commissioner of Elbert County may, in his discretion, and if he so desires, pay to the sheriff of said county a sum to be determined by said commissioner in an amount not to exceed $100.00 per month, for contingent expenses, which sum shall be in addition to all fees or other compensation now received by said sheriff. Contingent expenses. 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 at the next session of the General Assembly of Georgia which convenes in Atlanta on November 16, 1953, a bill will be introduced to pay the Sheriff of Elbert County $100.00 per month for automobile expenses within the county. The above sum will be paid out of the county treasury. J. E. Gaines. Georgia, Elbert County: I, G. T. Christian, editor and publisher of the Elberton Star, a newspaper published in Elberton, Elbert County, Georgia, and being the paper in which sheriff's advertisements for said county are published, do hereby certify that the foregoing notice was published by me in said above named newspaper on the following dates, to wit: October 23, 30 and November 6, 1953. This the 12 day of November, 1953. /s/ G. T. Christian Witness: /s/ Carolyn E. McMullan Notary Public, Elbert County, Georgia. My commission expires Nov. 2, 1955. (Seal) Approved December 12, 1953. COLUMBUSLAND CONVEYANCE CONFIRMED. No. 566 (House Bill No. 765). An Act to ratify and confirm that certain deed of conveyance dated May 16, 1902 and recorded October 24, 1902 in Deed Book PP, folios 523-524 in the office of

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the Clerk of the Superior Court of Muscogee County, Georgia, heretofore executed and delivered by the Commissioners of Commons of the City of Columbus to Dudley-Butts Sash, Door Lumber Company, conveying, in fee simple, a certain tract of land in the City of Columbus, Georgia, containing five acres, more or less, and comprising parts of Blocks Seven and Ten in the survey of the commons of said city and what would be embraced in Sixteenth Street were it laid off and extended between Eighth and Ninth Avenues in said city, subject only to the reservation contained in said deed to said city relative to the branch known as Cemetery Branch; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That that certain deed of conveyance dated May 16, 1902, and recorded October 24, 1902, in Deed Book PP, folios 523-524 in the office of the Clerk of the Superior Court of Muscogee County, Georgia, heretofore executed and delivered by the Commissioners of Commons of the City of Columbus to Dudley-Butts Sash, Door Lumber Company conveying, in fee simple, a certain tract of land in the City of Columbus, Georgia comprising parts of Blocks Seven and Ten in the survey of the commons of said city and what would be embraced in Sixteenth Street were it laid off and extended between Eighth and Ninth Avenues in said city, subject only to the reservation contained in said deed to said city relative to the reservation contained in said deed to said city relative to the branch known as Cementry Branch, be, and said deed of conveyance hereby is, ratified and confirmed in all respects, and the fee simple title to the aforesaid tract of land, subject only to the aforesaid reservation relative to said Cemetery Branch, is hereby declared and made valid and binding in said named grantee and the present successors and assigns of said grantee. Conveyance to Dudley-Butts Sash, Door Lumber Co. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.

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Section 3. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill, providing for this Act, into the General Assembly. 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 November, 1953, for the passage of a bill entitled as follows: An Act to ratify and confirm that certain deed of conveyance dated May 16, 1902 and recorded October 24, 1902 in Deed Book PP, folios 523-524 in the office of the Clerk of the Superior Court of Muscogee County, Georgia, heretofore executed and delivered by the Commissioners of Commons of the City of Columbus to Dudley-Butts Sash, Door Lumber Company, conveying, in fee simple, a certain tract of land in the City of Columbus, Georgia, containing five acres, more or less, and comprising parts of Blocks Seven and Ten in the survey of the commons of said city and what would be embraced in Sixteenth Street were it laid off and extended between Eighth and Ninth Avenues in said city, subject only to the reservation contained in said deed to said city relative to the branch known as Cemetery Branch; and for other purposes. This, the 20th day of October, 1953. /s/ Wm. deL. Worsley, City Attorney, City of Columbus, Georgia.

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Dates of Publication: 10-22, 29, 11-5. 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 October 22, 1953, October 29, 1953 and November 5, 1953. /s/ M. R. Ashworth Sworn to and subscribed before me this 12 day of November, 1953. /s/ H. L. Hollis Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved December 12, 1953. CITY COURT OF POLK COUNTYAMENDMENTS. No. 567 (Senate Bill No. 200). An Act to amend an Act entitled An Act to establish the City Court of Polk County, in the City of Cedartown, in and for the County of Polk, approved November 18, 1901, and all Acts amendatory thereof; to provide for the change in salary and qualifications of the Judge of the City Court of Polk County; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That the Act of 1952 (Ga. L. 1952, p. 2073 et seq. as approved February 5, 1952) be and the same is hereby amended by striking in Section 1 the words fifty-four hundred as they appear in said section and inserting in lieu thereof the words sixty-five hundred so that said Section 1 when amended shall read as follows: Sec. 1, Act of 1952, amended. Be it further enacted, that the judge of said court now under appointment shall hold office until 31st day of December, 1910. The judge of said City Court of Polk County shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, Statehouse officers and members of the General Assembly, held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All vacancies in the offices of Judge or Solicitor of the City Court of Polk County shall be filled by appointment of the Governor for the remainder of the unexpired term. The Judge of the City Court of Polk County shall receive a salary of sixty-five hundred dollars per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office. Said judge may hold any Federal, State, county or municipal office or position not elective by popular vote, and which is not in conflict with the duties of his office as judge of said city court. Judge's salary. Section 2. That it be enacted further that Section 2 of the Act of 1952 (Ga. L. 1952, p. 2073 et seq. as approved February 5, 1952) be and the same is hereby

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amended by striking from said Section 2 thereof the following language: and must also have the same qualifications required of the judges of the superior courts of this State therein and inserting in lieu thereof the following: and must have been a resident of the County of Polk at least three years immediately preceding his election or appointment, and a practicing attorney at law at least five years before his election so that said Section 2 of said Act when amended shall read as follows: Sec. 2 amended. Be it further enacted, that any person who shall be appointed or elected judge of said court must, at the time of his appointment or election, be a resident of the County of Polk, and must have been a resident of the County of Polk at least three years immediately preceding his election or appointment, and a practicing attorney at law at least five years before his election; and before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the City Court of Polk County, according to the best of my ability and understanding, according to the laws and Constitution of this State, and of the United States, so help me God. And said oath shall be forwarded to the Governor and filed in the executive department. Judge's qualifications. Section 3. Be it further enacted that this Act shall go into effect immediately upon its passage and approval. Section 4. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 12, 1953.

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SOCIAL CIRCLESCHOOLS. No. 568 (House Bill No. 814). An Act to amend an Act incorporating the Academy of Social Circle, in the City of Social Circle, approved August 22, 1905 (Ga. Laws 1905, page 515), as amended, so as to remove the prohibition against the County of Walton from establishing any other school within Social Circle; 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 Academy of Social Circle, in the City of Social Circle, approved August 22, 1905 (Ga. Laws 1905, p. 515) as amended, is hereby amended by striking from Section 9 the words: Be it further enacted, that the authorities of the County of Walton shall not establish or maintain any other school within said city, but the, and substituting in lieu thereof the following: The authorities of the County of Walton may establish and maintain other schools within said city. The, so that when so amended, Section 9 shall read as follows: Sec. 9, Act of 1905, amended. The authorities of the County of Walton may establish and maintain other schools within said city. The proper authority shall pay to said board of trustees the pro rata share of the State and county school fund to which said city is entitled according to the number of children of school age residing in said city increased by the number of children of school age residing out of, but who attend school in said city, and such other allowance as may be made to said system. The amount to be paid at such times as the teachers of the county are paid, and when so paid shall be expended by said board for the support and maintenance of the public schools in said city. Schools. 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. Georgia, Walton County: Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia a bill removing the prohibition against the County of Walton from establishing and maintaining schools within the City of Social Circle; and for other purposes. This the 19th day of October, 1953. H. O. Godwin, City Attorney, Social Circle, Georgia. (42 43 44) Notice of Intention to Introduce Local Legislation. Georgia, Walton County: Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia a bill removing the prohibition against the County of Walton from establishing and maintaining schools within the City of Social Circle; and for other purposes. This 19th day of October, 1953. H. O. Godwin, City Attorney, Social Circle, Georgia. (42 43 44) Georgia, Walton County: I, Sanders Camp, being first duly sworn, on oath says: that I am managing editor of the Walton Tribune, a weekly newspaper and official organ of Walton 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

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appeared in said newspaper in issues dated October 21st; 28th, 1953 and November 4th, 1953. /s/ Sanders Camp Sworn to and subscribed before me, this the 9 day of November, 1953. /s/ Virginia A. Bagwell, N. P. Georgia State at Large. My commission expires August 26, 1956. (Seal) Approved December 12, 1953. IRWIN COUNTY COMMISSIONERSCOMPENSATION. No. 569 (House Bill No. 815). An Act to amend an Act approved February 16, 1933 (Ga. Laws 1933, p. 571) creating a Board of Commissioners of Roads and Revenues for the County of Irwin, and prescribing and defining their powers, duties and compensation, as amended, especially as amended by an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2516) so as to change the salary of the chairman of the Board of Commissioners of Roads and Revenues of Irwin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 6 of 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 members thereof; and to prescribe their terms of office; to provide for the appointment of an attorney for said board and to describe

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his duties and compensation; and for other purposes, approved February 16, 1933 (Ga. Laws 1933, p. 571), as amended, especially as amended by an Act approved February 20, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2516), is hereby amended by striking the figures $3,000.00 from the second sentence of said section and inserting in lieu thereof the figures $4,200.00, so that said section when 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 $4,200.00 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. Affidavit as to Publication of Notice Pertaining to Local Legislation. Georgia, Irwin County. Personally before me, the undersigned officer duly authorized by law to administer oaths in said State and county, appeared J. L. Connell, of said county, who first being sworn, on oath says: That he is the editor and publisher of the Ocilla Star, a weekly newspaper of said county with a general circulation throughout the County of Irwin and in which newspaper the sheriff's advertisements for said county are published:

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That the attached printing is an exact copy of the notice that has been published in the said the Ocilla Star in the three weekly issues of October 22, October 29, and November 5, 1953. /s/ Julian L. Connell Sworn to and subscribed before me, this 14th day of November, 1953. /s/ A. G. Young Notary Public, Irwin Co. Ga. Notice of Local Legislation. To the People of Irwin County: At the November session of the General Assembly of Georgia a local bill will be introduced to amend the Acts creating a Board of Commissioners of Roads and Revenue of Irwin County, so as to provide for an increase of the salary of the Chairman of the Board of Commissioners from $250.00 per month to $350 per month. This October 15th, 1953. H. L. Layton, Representative, Irwin County, Georgia. 3t. Oct. 22, 29, Nov. 5. pd. Approved December 12, 1953. CITY COURT OF VALDOSTAPLEADING, PROCEDURE AND PRACTICE. No. 570 (House Bill No. 723). An Act to amend an Act creating the City Court of Valdosta (Ga. L. 1901, p. 176 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

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the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946, and which have been, and which may hereafter be, so adopted, 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 Valdosta on or subsequent to February 1, 1954; 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 Valdosta (Ga. L. 1901, p. 176 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 Valdosta (Ga. L. 1901, p. 176, et seq.) and all Acts amendatory thereof pertaining to matters of service, pleading and practice in cases in the City Court of Valdosta, 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 which have been, and which may hereafter be, so adopted, 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 Valdosta except those proceedings specifically excepted in Section 81-1506 of the Code of Georgia as amended (Georgia Laws 1946, p. 761, 779, Section 24). 1946 rules. Section 3. This Act shall be applicable to all proceedings

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instituted in the City Court of Valdosta on or subsequent to February 1, 1954. 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 authors 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 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 (adjourned) session of the General Assembly of Georgia, which bill shall be entitled: An Act to amend an Act creating the City Court of Valdosta (Ga. L. 1901, page 176 et seq.), as amended, so that all provisions of such Act and of those amendatory therof 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, and which have been, and which may be hereafter, so adopted, 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 Valdosta on or subsequent to February 1, 1954, to repeal all laws or parts of laws in conflict herewith; and for other purposes.

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This 21st day of October, 1953. /s/ G. Troy Register /s/ T. Guy Connell Representatives, Lowndes County, Georgia Georgia, Lowndes County. Before the undersigned officer, personally appeared G. Troy Register and T. Guy Connell, who, being duly sworn, depose and say that they are the authors of the foregoing and attached bill and that the foregoing and attached written and typewritten matter entitled, Notice of Local Bill, is a true and correct copy of the original notice, signed by them, which was duly published in the Valdosta Daily Times, a newspaper published in Lowndes County, Georgia, and in which sheriff's advertisements for Lowndes County are published, on October 23d and 30th and November 6, 1953; that the said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of Georgia. G. Troy Register T. Guy Connell Sworn to and subscribed before me, this 16 day of November, 1953. Joe N. Burton Notary Public, Notary Public, Wilkes County, Georgia. My commission expires Nov. 22, 1954. (Seal) Approved December 12, 1953.

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MARIETTA CHARTER AMENDED. No. 571 (House Bill No. 648). 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 amendatory Acts thereof, including the Act, amending the said charter (Ga. Laws 1952, pp. 2246-2265), so as to create a Marietta Parking Authority with all the powers, rights, functions, operations, privileges, and duties as may be necessary, or proper, to establish, operate, and maintain it by and through any provisions of the general laws of this State and the provisions of this Act; and to amend the said charter further so as to empower and authorize the City of Marietta by and through its mayor and council to install, build, and place drains, culverts, and other facilities upon and through land within said city as crossed and traversed by branches, creeks, or other open streams to control the flow of such streams through such facilities to prevent and eliminate health hazards to the citizens of Marietta; and to amend said charter generally; and for 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. For the purpose of this Act, Marietta Parking Authority is hereby created a body corporate with all the powers incident to and necessary to its powers, rights, functions, operations, privileges, and duties, and with all the right to sue and be sued, and with the powers, necessary, or proper, to make all contracts and obligations necessary to its being, powers, duties, rights, functions, and privileges, in the name of Marietta Parking Authority. Marietta Parking Authority. Section 2. Marietta Parking Authority shall be composed of and be managed by three City of Marietta freeholders

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who shall be appointed by the mayor and council for terms of two, four, and six years, each, respectively, as the mayor and council may designate for such appointees. The Marietta Parking Authority is hereby empowered and authorized to acquire, create, establish public parking areas, public parking spaces, public parking accommodations, and public parking buildings and facilities within and for the citizens of and people within the corporate limits of the limits of the City of Marietta, with the rights and powers to manage, operate, and maintain same, and with the additional right and power to contract for, or with any party, person, corporation, or political subdivision to provide, furnish, manage, and control such public parking areas, buildings, and facilities to effect the intent and purposes of this Act, creating the Marietta Parking Authority, as an effort and as a means of trying to eliminate traffic congestion, and as a method of trying to provide adequate parking areas, spaces, buildings, and facilities for motor vehicles, to reduce, prevent, and eliminate traffic hazards. Members. Powers. Section 3. The Marietta Parking Authority has, in addition to the powers already enumerated, the right and power of eminent domain with the right and power to condemn private property by paying just compensation therefor in any similar manner, way, method, or procedure the City of Marietta has under the law for its purposes under its eminent domain powers. Eminent domain. Section 4. The Marietta Parking Authority is hereby empowered and authorized to exercise and take advantage of any and all of the powers, rights, privileges, and provisions of the Revenue Certificate Law of 1937, as amended, in so far as the same is related or applicable to public parking areas and public parking buildings, together with any and all other Georgia statutes, related and applicable to the premises and purposes of this Act, creating the Marietta Parking Authority. Revenue certificates. Section 5. The Marietta Parking Authority is hereby empowered and authorized to lease parking areas, spaces, sites, and buildings, acquired by such Authority

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to private operators, and to make loans of moneys to such operators for construction of such parking facilities and buildings. Leases. Section 6. For and in behalf of the Marietta Parking Authority, as one means, or method of carrying out and effecting the provisions and the purposes of such Authority, the City of Marietta, by and through its mayor and council, is hereby empowered and authorized to use and to take advantage of any and all the applicable provisions and general statutes of the State of Georgia within Chapter 87-2 (Election on Issue of Bonds) and Chapter 87-3 (Validation of Bonds by County, Municipality, Or Other Political Division), as amended and as supplemented, as set forth in the 1933 Code of Georgia, Annotated, together with any and all other related provisions and general statutes of Georgia and the Marietta charter provisions as may be applicable to carry out and effect the uses, intents, and purposes of the Marietta Parking Authority; and the said city is, also, empowered and authorized hereby by assess, levy, collect, and to pass, or adopt any and all orders, resolutions, and ordinances, as proper, or necessary for, and ad valorem tax annually, in addition to that now allowed by law to the City of Marietta for general purposes of city government, or otherwise, of not more than one mill on each dollar on all taxable property in the City Marietta, Georgia, as may be subject to an ad valorem tax by the said city to effect, provide for, and carry out the intents, uses, powers, and purposes of Marietta Parking Authority. Bonds. Taxation. Section 7. The members of the Marietta Parking Authority shall elect from among their membership, upon the date of their first meeting, or as soon as practicable thereafter, and each two years thereafter, a chairman, a vice-chairman, and a secretary-treasurer, who shall keep permanent, written records of the activities of Marietta Parking Authority, subject to inspection by the public and to the Mayor and Council of the City of Marietta; and the Marietta Parking Authority is hereby authorized to adopt any and all rules, orders, and resolutions as may be necessary, or proper, to perfect, or effect,

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its organization, its operations, and its purposes, and requirements of laws. Rules, Regulations. Section 8. The provisions of this Act, creating and providing for the Marietta Parking Authority, are hereby enacted severably, and, if any of its words, phrases, clauses, sentences, and sections shall be held unconstitutional, void, or unlawful for any reason, by any court of competent jurisdiction, such unconstitutional, invalid, or void part, or provisions, shall not affect or impair any of the remaining parts and provisions, which shall be so construed and read as to give a broad interpretation of the provisions for and the purposes of such Authority, and the foregoing sections and provisions 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, if such there be, and shall not be regarded as in conflict with or in derogation of any such existing powers. Section 9. The charter of the City of Marietta which was approved August 15, 1904, and the Acts amendatory thereof be and the same are hereby amended, so as to authorize and empower the mayor and council of said city, in their discretion, to improve any drain ditch, whether open or closed, through any public place, or private properties, or any portion thereof in the said city, upon petition therefor as hereinafter provided, by paving, ditch bottoms and sides, laying pipe, building culverts, catch basins, grating, openings and manholes and assess the cost thereof upon abutting owners thereof. Drains. Section 10. The cost of paving, pipe, brick, mortar, sand, manholes, cross iron, grating, engineering, surveying, and grading costs, together with all labor for placing materials on any portion of any storm drain ditch shall be assessed against the property owners abutting on said ditch. Cost of improvements. Section 11. The assessment against each abutting owner under the provisions of this Act shall be pro rata

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and determined by the amount of lineal footage of said owner along said storm drain structure. Assessments. Section 12. The City of Marietta is empowered to install and construct in or upon any public or private property, the necessary manholes, catch basins etc., grating and lay necessary drain pipe, or culverts, whenever, in its discretion, the public necessity may require it, the cost of which with such engineering, surveying and grading as the city may see proper to do, in or upon any public or private properties, which it is hereby empowered to do shall be included in the assessment provided for in this Act with the cost for the improvement of all street crossings assessed against the abutting owners, provided, however, the city council in its discretion may pay a part or all the expense for the items or matters referred to in this section, should it appear to the council, in its sole discretion, the facts warrant or require said payment by the City of Marietta with regard to any project. Cost of improvements. Section 13. No pavement, pipe, catch basins, drainage structure, culvert, grating, etc., shall be placed until the passage of an ordinance authorizing the same, and no such ordinance shall be passed until said mayor and council shall have first been petitioned in writing to construct the necessary storm drainage, or otherwise improve the majority of footing of abutting property, subject to assessment of the cost of said drainage structure, by the owners of the majority of the footage of abutting property, the cost of which shall be assessed against the abutting owners for such improvement. Authorizing ordinances. Section 14. 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 interests of the owners' undivided interests shall be counted as one person; provided that in any case where the improvement is petitioned by the owner or owners of a majority of the footage of abutting property, such owner or owners shall be counted as a majority

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of the persons, companies or corporations, subject to assessment for the improvement petitioned for. Petitioners, how counted. Section 15. The ordinance authorizing the paving, pipe, catch basins, drainage structure, culvert, grating etc., under the provisions of this Act, shall describe the general character of improvement to be made, the material to be used, and such other matters as shall be necessary to enable the preparation of the proper plans and specifications for the improvement proposed to be made; and pending the consideration of such ordinances an advertisement shall be inserted at least one time in the newspaper of said city in which the advertisement of sheriff sales in said county are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the drainage structure, the estimated cost per foot; and it shall set forth that the property owners or others interested are notified to appear at the meeting of said mayor and council to be held at a time stated in such advertisement and make any objection that they may desire to urge against the passage of such ordinance, and a copy of said advertisement shall be each person, company, or corporation whose post-office address is known, fifteen days before said meeting for hearing objections. Advertisement of ordinance. At the time named in said advertisement, if any property owner or other person desires to make objection to the passage of such ordinance, full opportunity shall be given at said meeting and after hearing objections, if any are made to the passage of such ordinance, said mayor and council shall have the right and power, in their discretion, to order such drainage structure, to be made or they may desire 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 fifteen days thereafter, begin legal proceedings to prevent said assessment being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment hereinafter provided for may be made. Thereupon it shall be the duty of the said mayor

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and council to forthwith cause said improvement to be made in accordance with the plans and specifications as prepared. When completed an ordinance shall be passed assessing the cost of said improvement as provided in this Act. The assessing ordinance shall thereupon assert a lien upon each portion of the property abutting upon said drainage structure for the amount of the assessment, against the owner thereof, to date back to the approval of the original ordinance and declare the same at the time said ordinance is passed. Objections. Section 16. After the adoption of the ordinance provided for in this Act, a written statement shall be furnished by the clerk of the mayor and council of said city to each abutting owner, person, company or corporation subject to the assessment, herein provided for, showing his, her or its pro rata part of such assessment, and it shall be the duty of such person, company or corporation so notified to pay said clerk within thirty days after the receipt of such statement, the entire amount of the assessment against such person, firm or corporation; provided, that any person, firm or corporation so notified shall have the right, in the discretion of the mayor and council, to pay the assessment so levied in five installments to be paid as follows: 20 percent within thirty days after the receipt of said notice and the remaining 80 percent in four annual installments of 20 percent each, such deferred payments to be evidenced by promissory notes bearing interest from date until paid at the rate of 7 percent per annum, payable annually, and to said mayor and council or order. Assessments. The benefit of the payment by installment may be taken advantage of by any such property owner, company or corporation by giving notes for the deferred payments as herein provided at the time of making the cash payment. In the event any property owner, company or corporation shall desire to pay the balance due under such assessment after exercising the 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

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due up to date of payment. The notice for assessment herein provided for shall be served personally upon each of said property owners and each agent of such company or corporation residing within the limits of said city, and where such owner or agent is a nonresident of said city, it will be sufficient service that 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 by reason of which such assessment is made. Payments. Section 17. If any person or persons, company or corporation, shall fail or refuse to pay the clerk of the mayor and council of said city, his, her or its assessment as required by this Act, at the expiration of the thirty days after the service of the statement, as provided in the preceding section, or in lieu thereof fully comply with the provisions of said section relating to the payment of such assessments, said clerk will be authorized to issue execution bearing teste in the name of the mayor of said city, and specifying the improvement for which it is issued, against the owner and also the property of such owner abutting upon storm drains and structures, other public place or portion thereof, so improved, which execution will be a lien against such property from the date of the ordinance authorizing said improvement and bearing interest at the rate of seven percent per annum from the date of which it is issued. Said execution, when issued, shall be delivered to the marshal of said city, who shall execute the same by levying and selling the property described therein for the amount due, together with all cost that may accrue thereon. The law applicable to sales under other executions issued by said city shall apply as to the levy, notice, advertisement and sale made under said execution, and said marshal shall have authority to execute deeds when the property is sold, and deliver the immediate possession thereof to the purchaser. Executions. Section 18. The passage of the ordinance for storm

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drain structures, together with the ordinance assessing the cost of the same, and asserting liens against 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 docket of the clerk of the superior court under the general registration law. Lien of assessments. Section 19. The marshal of said city shall be authorized to transfer and assign any execution issued under the provisions of this Act and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers under other executions issued by said city. Executions. Section 20. Any defendant in such execution or owner of property against which the same is issued shall have the right to file an affidavit of illegality, upon the ground that the same has issued or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount, so admitted, to 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 fifteen 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; 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 where it shall be tried at the first term of the court under the law of this State that is applicable to the trial of illegalities, and subject to the penalties provided by statute where affidavits of illegalities are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the proper appellate court as in cases of illegality originating from executions issued by the superior court of this State. Illegalities.

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Section 21. This Act is intended to provide a complete method of improving storm drains in the City of Marietta, when the total cost thereof is to be assessed against abutting property, and all other Acts and parts of Acts relating thereto inconsistent with the provisions of the amendment are hereby repealed, except that this Act shall not affect the paving, piping and improvements now in course of construction in said city. Section 22. The Mayor and Council of the City of Marietta shall have authority to pass such ordinances, and do such other acts as may be necessary to give full force and effective operation to the provisions of this Act. Section 23. The City of Marietta, by and through its proper officers, shall have the right, power and authority to acquire by purchase, gift, devise, dedication, and by condemnation proceedings, the title to such property or properties, within the corporate limits of said municipality, as the mayor and council thereof may deem proper, essential and necessary for storm drain purposes. Acquisition of property involved. Section 24. Said City of Marietta, in the County of Cobb, shall have the right, power and authority to close and abandon such storm drain structures in said city as the mayor and council of said city may deem nonessential and unnecessary for public use, public necessity, and public convenience, provided that notice of such intention to close and abandon any storm drain structure shall be given as hereinafter provided. Closing of drains. Section 25. The said City of Marietta, in the County of Cobb, shall have the right, power, and authority to alter, change and relocate existing storm drains in said city whenever the mayor and council of said city shall deem such action to be necessary and essential to the best interests of said municipality and for the convenience or health, or safety, or welfare of the citizens thereof. Relocation, etc. Section 26. Said City of Marietta, in the County of Cobb, shall have the right, power and authority to pass

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appropriate ordinances and resolutions for carrying out the provisions of this Act and the power delegated to it under this Act. Section 27. The provisios and terms for the salary, compensation, and expenses of and for the mayor together with the amount thereof, as now contained in the charter of the City of Marietta, shall remain of full force and effect for and during the years of 1954 and 1955, and annually thereafter. Mayor's compensation. Section 28. In addition to the salary, or compensation as now provided for in and by the charter of the City of Marietta for the councilmen for council meetings, each councilman shall receive from and after January 1, 1954, for attending council-committee meetings and for his expenses in attending to city business affairs such sum, when added to the total salary as now authorized by the charter for council meetings shall equal but not exceed the combined sum of six hundred and fifty dollars ($650.00) per year, and such combined, or total, sum may be paid in equal installments, quarterly. Councilmen's compensation. Section 29. All territory, parcels of land and areas annexed to, or purported to be incorporated within the city limits of Marietta, Georgia, under and by virtue of section, or statute, 69-901 of the 1933 Ga. Code, Annotated, Ga. Laws, or Acts of 1946, p. 136, as amended, pertaining to `Annexation By Ordinance in Certain Cases', or otherwise, are hereby confirmed, ratified as annexed lands within the corporate limits of the said city, and all such territory, lands, and areas as more fully described by metes, bounds, surveys, sketches, and maps thereof as adopted by the ordinances and resolutions of the said city with copies thereof filed with the Secretary of the State of Georgia (a reference thereto is hereby made and the descriptions, metes, and boundaries adopted) are hereby annexed to, included within, and constitute a part of the lands within the corporate limits of the City of Marietta. Territory added. Section 30. In the event any word, phrase, clause, section,

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or portion of this Act, pertaining to the installation of storm drains, culverts, etc. for the control of branches and streams, shall be declared void, unlawful, or unconstitutional by any court of competent jurisdiction, such decision by such court shall not affect the remaining parts and portions in regard to same as they are hereby enacted severally. Section 31. Notice of application for the passage of local legislation was duly made and published, as required by law and the Constitution of the State of Georgia, as follows: Georgia, Cobb County, City of Marietta. Notice of Local Legislation. Notice is hereby given that application will be made to the current Georgia General Assembly for the passage of local legislation and law, amending, repealing, supplementing, and adding to the charter of the City of Marietta, as contained in the Georgia Laws, 1904, pages 519-533, the amendatory Acts thereof, including the amendment as set forth in Ga. Laws, 1952, pages 2246-2265, to provide for and to create a parking authority for Marietta; to make provisions for its powers, duties, rights, privileges; and to empower the city to install drains, pipes, culverts, and other facilities through lands crossed by a branch, or creek for controlling such streams of water; and, generally, to amend said charter; and for other purposes. This, January 21, 1953. City of Marietta By: Sam J. Welsch, Mayor. Georgia, Cobb County. Before the undersigned attesting officer, personally came Harold S. Willingham, Fred Bentley, and Ben F. Smith, who, after being duly sworn, say, respectively, that they are the Representatives in the House of Representatives from Cobb County, and that they know that the Notice of Local Legislation, as above set forth, was

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duly published once a week for three weeks, during a period of sixty days immediately preceding the introduction of the within bill and Act into the General Assembly of Georgia, in the Cobb County Times, a newspaper of general circulation in Marietta and Cobb County, in which the sheriff's legal advertisements for Cobb County are published for the year of 1953; and that said newspaper is published in Marietta, Cobb County. /s/ Ben Smith Harold S. Willingham Fred D. Bentley Sworn to and subscribed to before me, this Feb. 24, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal) Approved December 11, 1953. CITY COURT OF CLAXTONJUDGE'S SALARY. No. 572 (House Bill No. 727). An Act to amend an Act establishing the City Court of Claxton, approved the 18th day of August, 1919, (Acts 1919, p. 446 et seq.) and the Acts amendatory thereof, especially the Act approved the 11th day of August, 1922, (Acts 1922, p. 236 et. seq.) and the Act approved the 23rd day of March, 1935, (Acts 1935, p. 516 et seq.) and the Act approved the 19th day of February, 1951, (Acts 1951, p. 2441 et seq.) so as to increase the salary of the judge of said court. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by said authority, that Section Five (5) of the Act establishing the City Court

Page 2280

of Claxton, approved the 18th day of August, 1919, (Acts 1919, p. 446 et seq) in so far as said Section Five fixed the amount of the salary of the judge of said court, as amended by Section Two (2) of the Act approved the 11th day of August, 1922, (Acts 1922, p. 236 et seq.) in so far as said Section Two fixed the amount of the salary of the judge of said court, as amended by Section Five (5) of the Act approved the 23rd day of March, 1935, (Acts 1935, p. 516 et seq.) in so far as it fixed the amount of the salary of the judge of said court, as amended by Section Five (5) of the Act approved the 19th day of February, 1951, (Acts 1951, p. 2441 et seq.) in so far as it fixed the amount of the salary of the judge of said court, be, and the same is, hereby further amended by striking said Section Five (5) of the Act approved the 19th day of February, 1951, (Acts 1951, p. 2441 et seq.) which reads as follows: Sec. 5. Be it enacted by the authority aforesaid that from and after the passage and approval of this Act the Judge of the City Court of Claxton shall receive a salary of twelve hundred ($1200.00) dollars per annum, payable one hundred ($100.00) dollars per month, out of the funds and monies of Evans County, as a current expense, to be paid by the board of commissioners of roads and revenues of said county (or by the ordinary if he is charged by law with the administration of the fiscal affairs of said county), and such county authority shall annually make provision therefor by levying taxes for this purpose, and such salary shall be paid to the judge now in office, as well as to future incumbents of said office, and substituting in lieu of said stricken section a new section to be numbered five and which new section shall read as follows, to wit: Section 5. Be it enacted by the authority aforesaid that from and after the passage and approval of this Act the Judge of the City Court of Claxton shall receive a salary of eighteen hundred ($1800.00) dollars per annum, payable one hundred and fifty ($150.00) dollars per month, out of the funds and monies of Evans County, as a current expense, to be paid by the board of commissioners of roads and revenues of said county (or by the

Page 2281

ordinary if he is charged by law with the administration of the fiscal affairs of said county), and such county authority shall annually make provision therefor by levying taxes for this purpose, and such salary shall be paid to the judge now in office, as well as to future incumbents of said office. Salary. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this amendatory Act be, and they are, hereby repealed. Section 3. Attached hereto and made a part hereof is copy of the notice of intention to apply for this legislation, with the certificate of the publisher to the effect that said notice has been published as required by law. Notice of Local Legislation. Application will be made to the General Assembly of Georgia at the adjourned session convening in November, 1953, for passage of a bill amending the Act creating the City Court of Claxton (Acts 1919, pp. 446-458) and Acts amendatory thereof, so as to increase the compensation of the judge of said court. /s/ Harry R. DeLoach Harry R. DeLoach Verification of Publication. Georgia, Evans County. Before the undersigned officer personally appeared the affiant, Milton B. Beckerman, who on oath says that he is editor and publisher of the Claxton Enterprise, the newspaper in Evans County, Georgia, in which sheriff's advertisements for said county are published, and that the above and foregoing notice of intention to apply for the legislation therein referred to, for the locality affected, was published in said newspaper once a week for three weeks as required by law, to wit; in the regular

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issues of said newspaper on September 10th and 24, 1953, and October 1, 1953: Signed: Milton B. Beckerman /s/ Milton B. Beckerman Sworn to and subscribed before me, this 3rd day of October, 1953. /s/ Aubrey Strickland Notary Public. Com. Exp. the 8 day of June, 1955. (Seal) Notice of Local Legislation. Application will be made to the General Assembly of Georgia at the adjourned session convening in November 1953, for passage of a bill amending the Act creating the City Court of Claxton (Acts 1919, pp. 446-458) and Acts amendatory thereof, so as to increase the compensation of the judge of said court. (Signed) Harry A. DeLoach. (47) Approved December 12, 1953. BLAKELY CORPORATE LIMITS. No. 573 (House Bill No. 698). An Act to amend an Act entitled An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes, approved December 18, 1900, as amended by the Act approved December 17, 1902, and by other subsequent Acts, by extending the corporate and territorial limits of said city so that such limits, when so extended thereby, shall include all the territory within the following bounds: beginning at a point two miles west of the center of the public square of Blakely, and extending north two

Page 2283

miles, thence east four miles, thence south four miles, thence west four miles, thence north two miles to the point of beginning; the same enclosing an area of sixteen square miles; to provide for a referendum and election in which the qualified registered voters of the territory proposed to be hereby added to the City of Blakely may vote on such proposal; 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 corporate and territorial limits of The City of Blakely, as prescribed and defined in Sec. 1 of the Act of the General Assembly of Georgia approved December 18, 1900, and entitled An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes (Ga. Laws, 1900, pp. 219-228) as said section was amended by the Act of the General Assembly of Georgia approved December 17, 1902, and entitled An Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes, approved December 18, 1900, so as to extend the corporate limits of the City of Blakely (Ga. Laws, 1902, pp. 347-348), be and the same are hereby extended so that said corporate and territorial limits of the City of Blakely shall include all the territory within the following bounds: Beginning at a point two miles west of the center of the public square of Blakely, and extending north two miles, thence east four miles, thence south four miles, thence west four miles, thence north two miles to the point of beginning; the same enclosing an area of sixteen square miles. Limits. Section 2. That this Act, if ratified as hereinafter prescribed, shall become effective on the 31st day of December, 1954. Effective date. Section 3. That this Act shall not become effective unless ratified in the manner hereinafter prescribed by the registered and qualified voters residing in the territory

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proposed to be hereby added to The City of Blakely, at a special election to be held for that purpose, which election shall be called by the Ordinary of Early County, Georgia, and held and its results determined and published as follows: Immediately upon the passage of this Act, or as soon thereafter as may be practicable, the Board of Registrars of Early County, Georgia, shall, from the voters' book of said county, compile a list of the registered and qualified voters of said county residing in the territory proposed to be hereby added to the City of Blakely, and shall file such list, properly certified by them, with the ordinary, such list to be compiled and filed with said ordinary within 90 days after the passage of this Act. Immediately upon such list being filed with the ordinary, said ordinary shall call a special election for the purpose hereinabove stated, to be held not more than 60 nor less than 40 days after the call thereof, and of which election at least 30 days shall be given by said ordinary, by publishing notice thereof in the official gazette of said county, and posting notice thereof at the courthouse door in said county, and all the registered and qualified voters residing in the territory proposed to be hereby added to the City of Blakely may vote in said election which shall be held at the regular place of holding elections in the 866th District, Georgia Militia, of said county, at Blakely, Georgia, in the manner provided by law for holding special elections; and ballots shall be provided by the ordinary having printed thereon the words For city limits extension, and Against city limits extension, and shall be the secret, three-piece type ballot such as is used in general elections. The returns of said election shall be made by the election managers to the ordinary, who shall canvass the returns and certify and publish the results. If a majority of the votes cast in said election shall be in favor of the ratification of this Act, this Act shall become effective on the 31st day of December, 1954; if otherwise, this Act shall not become effective. All the expenses of said special election shall be borne and paid by the City of Blakely. Referendum.

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Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Exhibit A. Copy of Notice of Local Lgislation which Appeared in the Early County News, the official gazette of Early County, Georgia, in which sheriff's advertisements for said county are published, in the issues of October 22nd 29th, November 5th, 1953, thereof; and affidavit of member of partnership composed of the partners A. T. Fleming and W. H. Fleming, which partnership is the publisher of said newspaper: Georgia, Early County. Notice is hereby given of my intention to apply, at the November 16, 1953, adjourned session of the General Assembly of Georgia, for local legislation, the caption of which will be: An Act to amend an Act entitled `An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes', approved December 18, 1900, as amended by the Act approved December 17, 1902, and by other subsequent Acts, by extending the corporate and territorial limits of said city so that such limits, when so extended thereby, shall include all the territory within the following bounds: Beginning at a point two miles west of the center of the public square of Blakely, and extending north two miles, thence east four miles, thence south four miles, thence west four miles, thence north two miles to the point of beginning; the same enclosing an area of sixteen square miles; to provide for a referendum and election in which the qualified registered voters of the territory proposed to be hereby added to the City of Blakely may vote on such proposal; and for other purposes. This September 30, 1953. Leon H. Baughman Representative from Early County in the General Assembly of Georgia.

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Georgia, Early County. Personally appeared before the undersigned authority, an officer authorized by the laws of said State to administer oaths, A. T. Fleming, who, being first duly sworn, on oath says that he and W. H. Fleming are the partners composing the partnership which is the publisher of the Early County News, the official gazette of said county in which sheriff's advertisements therefor are published; that the above and foregoing is a true and correct copy of the original of which it purports to be a copy, and that such original was published and appeared in the issues of said newspaper of the 22nd and 29th of October and the 5th of November, 1953. /s/ A. T. Fleming (A. T. Fleming) Sworn to and subscribed by A. T. Fleming before me, this 14th day of November, 1953: /s/ Bert Tarver, (Bert Tarver) Clerk of the Superior Court of Early County, Georgia. (Seal) Approved December 11, 1953. FRANKLIN COUNTY TREASURER'S SALARY. No 575 (House Bill No. 638). An Act to amend an Act entitled An Act to fix the salary of the Treasurer of Franklin County, and for other purposes., approved August 19, 1916 (Ga. Laws 1916, p. 412), as amended, especially as amended by an Act approved February 2, 1949 (Ga. Laws 1949, p. 102), so as to change the salary of the Treasurer of Franklin 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 fix the salary of the Treasurer of Franklin County, and for other purposes., approved August 19, 1916 (Ga. Laws 1916, p. 412), as amended, especially as amended by an Act approved February 2, 1949 (Ga. Laws 1949, p. 102), is hereby amended by striking from line four of Section 1 the words and figures eight hundred ($800.00) and inserting in lieu thereof the words and figures ten hundred twenty ($1,020.00), so that said section as amended will read as follows: Section 1. Be it enacted by the General Assembly of Georia, and it is hereby enacted by authority of the same, that from and after approval of this Act, the compensation of the Treasurer of Franklin County shall be ten hundred twenty ($1,020.00) dollars per annum. The annual premium on the surety bond of such treasurer to be paid out of the treasury of Franklin County quarterly. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is given that a bill will be introduced in the 1953 session of the Georgia General Assembly amending an Act pertaining to the office of county treasurer, providing for the compensation of said county treasurer. J. W. 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

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Legislation was published in the Carnesville Herald, which is the official organ of Franklin County, on the following dates: February 5, 1953, February 12, 1953, and February 19, 1953. (Signed) J. Weldon Williams, Sr. Representative, Franklin County. Sworn to and subscribed before me, this 20th day of February, 1953. (Signed) Betty Balkcom, Notary Public, Fulton County, Georgia. My commission expires Sept. 27, 1953. (Seal) Approved December 11, 1953. CITY COURT OF POLK COUNTYPLEADING AND PRACTICE RULES. No. 576 (House Bill No. 201). An Act to amend an Act of the General Assembly of Georgia approved November 18, 1901, and all Acts amendatory thereof, entitled An Act to establish a City Court of Polk County, in the City of Cedartown, in and for the County of Polk, to provide for changes in rules of practice and procedure in the City Court of Polk County and for other purposes. Be it enacted by the General Assembly for the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The Act to establish a City Court of Polk County, in the City of Cedartown, in and for the County of Polk, approved November 18, 1901, and all Acts amendatory thereof are hereby amended by adding the

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following language to said Acts, to wit: The rules of pleading and practice which are now provided by law for the superior courts of this State and which may hereafter be provided by law for such courts are hereby made the rules of pleading, practice and procedure for the City Court of Polk County. Pleading and practice rules. Section 2. Be it further enacted by the authority aforesaid, that this Act shall not go into effect until January 4, 1954. 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 publication attached to enrolled copy. Approved December 12, 1953. BALDWIN COUNTY COMMISSIONERSAMENDMENTS. No. 579 (House Bill No. 823). An Act to amend an Act creating a Board of County Commissioners for Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, so as to provide for four-year terms at the end of the terms of the present commissioners; to provide the procedure therefor; to provide for a chairman of the board; to provide for the procedure in case of a vacancy in the office of chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 1 of an Act creating a Board of County Commissioners for Baldwin County, approved

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December 26, 1888 (Ga. Laws 1888, p. 286), as amended, particularly by an Act approved December 22, 1898 (Ga. Laws 1898, p. 354), and an Act approved August 12, 1921 (Ga. Laws 1921, p. 405), is hereby amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The election of the members of the Board of County Commissioners for Baldwin County shall be by vote of the people of Baldwin County. The present members of said board shall serve until the expiration of their terms of office, which expire on December 31, 1954, December 31, 1956, and December 31, 1958. Successors to those members shall be elected at the general election in the year in which their terms expire, as now provided by law, and shall take office on January 1 of the year following the date of their election. All such terms of office of the successors to the present members and all future successors elected to said board shall be for four years and until their successors are elected and qualified. The board shall elect its own chairman and such election shall take place at the first meeting in January following the election of two members of the board. In case a vacancy occurs on the board and the member causing the vacancy had ben chairman of the board, after the vacancy on the board has been filled, as provided by law, the members of the board shall elect a new chairman to serve until the time for the next regular election for chairman. Members. Terms. Chairman. Section 2. Section 3 of the amendatory Act of 1921, which reads as follows: Sec. 3. Be it further enacted, that thereafter at every general election, there shall be elected one member of said board of commissioners of roads and revenues, who shall be commissioned and hold his office for the full term of six years, beginning January 1st, after the date of the general election, at which he shall have been elected., is hereby repealed in its entirety. Secs. 3, 4, Act of 1921, repealed. Section 3. Section 4 of said amendatory Act of 1921, which reads as follows: Sec. 4. Be it further enacted,

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that the person receiving the highest number of votes cast at the general election to be held in 1922 shall be chairman of said board, and perform all the duties incident to said office., is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. This is to give notice that legislation of a local application will be introduced in the November session of the Georgia General Assembly by the undersigned. Bill No. 1 will change the term of County Commissioners for Baldwin County from 6 to 4 years. Bill 2 will clarify the fee schedule in the County Court of Baldwin County relative to sheriff, clerk of court and solicitor. Robert H. Green, Representative Baldwin County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert H. Green, who, on oath, deposes and says that he is Representative 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: October 22, 1953, October 29, 1953, and November 5, 1953. /s/ Robert H. Green Representative, Baldwin County Sworn to and subscribed before me, this 17 day of Nov., 1953. /s/ Frank H. Edwards Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved December 12, 1953.

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ELLENTONTAX RATE. No. 580 (House Bill No. 930). An Act to amend an Act incorporating the Town of Ellenton, approved August 13, 1910 (Ga. Laws 1910, p. 703) as amended, so as to change the limitation on tax millage; 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 Ellenton, approved August 13, 1910 (Ga. Laws 1910, p. 703) as amended, is hereby amended by striking from Section 12 the word, five and inserting in lieu thereof the word, fifteen, so that when so amended Section 12 shall read as follows: Section 12. Be it further enacted, that said mayor and aldermen shall have power and authority to assess, levy and collect an ad valorem tax on all the property that is taxable, both real and personal, within the corporate limits of said Town of Ellenton, the said tax not to exceed fifteen mills on the dollar, for current annual expenses; that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, drays, carts, hacks, carriages, buggies and other vehicles which are run for hire; they shall have power and authority to tax, license, regulate and control auctioneers, vendue masters, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, immigrant agents, clock and stove peddlers and peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant venders of goods, wares, merchandise, liniments or nostrums of any and every manner whatsoever, every kind of billiard, pool or bagatelle table kept for public use. Every keeper of shooting gallery, ten pin alley, or any other stand, table or place for the performance of any game or play,

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whether played with sticks, balls, rings, or other contrivances. Upon the keeper of flying horses, bicycles, velocipedes or skating rinks, insurance agents, life and fire insurance companies, express agents, express companies, dealers in futures, loan agents, merchants or agents for any other business or calling whatsoever, keepers of slaughter houses, beef markets and green groceries; upon every junk shop, pawn broker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which under the laws of Georgia are subject to a license or tax. Taxation. Licenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Colquitt County. Personally appeared before the undersigned, an officer by law duly authorized to administer oaths, M. E. Nussbaum who on oath says that he is president of the Weekly Moultrie Observer, a newspaper published in Moultrie, Colquitt County, Georgia; that said the Weekly Moultrie Observer is the newspaper in which the sheriff's advertisement in and for Colquitt 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 November 6, 1953, November 13, 1953, and November 20, 1953. /s/ M. E. Nussbaum. Sworn to and subscribed before me, this 21 day of November 1953. /s/ Mabel C. Potts Notary Public. (Seal) Notice of Intention to Apply for Local Legislation to Apply to the Town of Ellenton, Georgia. To Whom It May Concern: Notice is hereby given that application will be made at the next session of the General Assembly of Georgia

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convening in November, 1953 for the passage of a bill to amend an Act incorporating the Town of Ellenton, Georgia (Ga. Laws 1910, pp. 703-713) so as to increase ad valorem tax to not exceeding fifteen (15) mills and to repeal conflicting laws. This 3rd day of November, 1953. Leo Barber, Representative, Jack Short, Representative, Colquitt County, Georgia. w Nov 20 Approved December 14, 1953. ROBERTASALARIES OF MAYOR AND COUNCILMEN. No. 581 (House Bill No. 931). An Act to amend an Act creating a new charter for the City of Roberta in Crawford County, Georgia, approved December 10, 1937 (Ga. Laws 1937-38 Ex. Sess.), so as to provide that the aldermen of said city shall receive the sum of ten dollars ($10.00) per month and the mayor shall receive the sum of fifteen dollars ($15.00) per month; to provide that such sum shall not be paid for any month in which any alderman or mayor does not attend the monthly meeting; 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 Roberta in Crawford County, Georgia, approved December 10, 1937 (Ga. Laws 1937-38 Ex. Sess.), is hereby amended by striking therefrom Section 34 in its entirety and substituting in lieu thereof the following: Sec. 34 amended.

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Section 34. Salaries of the mayor and aldermen. The compensation of each of the aldermen of the City of Roberta shall be ten ($10.00) dollars per month, payable by order of the clerk, countersigned by the mayor. Salaries of mayor and aldermen. The mayor shall receive a salary of fifteen ($15.00) dollars per month, payable monthly, and shall be paid by order of the clerk, countersigned by the mayor. Provided, however, that should the mayor or any alderman fail to attend any monthly meeting of the mayor and council, then in that event such mayor or alderman as the case may be shall not receive the monthly salary for that month as fixed above. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Crawford County, Knoxville, Georgia. November 19, 1953. Notice of Local Legislation. Georgia, Crawford County: Notice is hereby given that I will introduce at the November, 1953, session of the General Assembly of Georgia a bill to amend the charter of the City of Roberta, Ga. as follows, to wit: To strike from the charter of the City of Roberta, the following: The mayor shall receive the sum of $50.00 per annum for his services as such mayor and the councilmen shall each receive for their services as Councilmen of the City of Roberta the sum of $50.00 per annum, and adding in lieu thereof the following, to wit: The Mayor of the City of Roberta shall receive the sum of $15.00 per month for his services as mayor and the councilmen shall receive the sum of $10.00 per month as Councilmen for the City of Roberta, so that when amended said charter will read as follows: That from and after the first day of January, 1955 the Mayor of the City of Roberta shall receive the sum

Page 2296

of $15.00 per month for his services as mayor and the Councilmen of the City of Roberta shall each receive the sum of $10.00 per month for their services as such councilmen. And it is provided that failure of the mayor or any councilman to attend any regular monthly meeting of the mayor and councilmen that such a one will not receive the monthly salary as fixed above. And that all laws or ordinances in conflict with above shall be repealed. This 12th day of October, 1953. R. Clifton Murphey, Representative, Crawford County, Georgia 11/5/53 11/12/53 11/19/53 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 of 1952 and for the year of 1953; and that the foregoing Notice of Intention to Apply for Local Legislation was published in said paper on November 5, 1953, on November 12, 1953, and on November 19, 1953. /s/ Annie Moncrief Annie Moncrief Sworn to and subscribed before me, this November 21, 1953. /s/ Alton C. Moncrief Alton C. Moncrief, Ordinary Crawford County, Georgia. Notarial Seal Affixed. Approved December 14, 1953.

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KINGSLANDALLEY CLOSING. No. 582 (House Bill No. 708). An Act to authorize and direct the City of Kingsland to close permanently that certain alley shown upon the map of the plan of the City of Kingsland as running through Block No. 19 which said block is bounded by Satilla Street, Lawnwood Avenue, Lee Street and Rodney Street; to authorize and direct the execution and delivery by said city of a deed or deeds of conveyance conveying to the abutting property owners the fee simple title to the land embraced within the limits of the said alley; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The Mayor and Aldermen of the City of Kingsland are hereby authorized and directed to close permanently all of the alley running through Block No. 19 as shown upon the map of the plan of the City of Kingsland said Block No. 19 being bounded by Satilla Street, Lawnwood Avenue, Lee Street and Rodney Street and the said alley shall from and after the passage of this Act no longer be a part of the system of streets and alleys of the said city. Alley closing. Section 2. The Mayor and Aldermen of the City of Kingsland are hereby authorized and directed to make, execute and deliver to the abutting property owners deeds of conveyance conveying to them the full fee simple title to the land embraced within the limits of the alley so as to extend the ownership of the abutting property on either side to the center line of said alley. Conveyances to abutting owners. Section 3. There is attached hereto and made a part of this bill a copy of the notice of intention to seek this local legislation accompanied by an affidavit of the author to the effect that said notice has been published as provided by law.

Page 2298

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Fulton. In person before the undersigned appeared A. A. Buie who, on oath, says that he is Representative from Camden County and that the following notice of intention to seek local legislation was duly published in the Camden County Tribune in its issues of October 16th, October 23rd and October 30th, 1953, and that the said Camden County Tribune is the newspaper in which sheriff's advertisements for Camden County are published, to wit: Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the adjourned session of the General Assembly which reconvenes on November 16, 1953, a local bill to be entitled: `An Act to authorize and direct the City of Kingsland to close permanently that certain alley shown upon the map of the plan of the City of Kingsland as running through Block No. 19 which said block is bounded by Satilla Street, Lawnwood Avenue, Lee Street and Rodney Street; to authorize and direct the execution and delivery by said city of a deed or deeds of conveyance conveying to the abutting property owners the fee simple title to the land embraced within the limits of the said alley; and for other purposes.' This October 2nd, 1953. Homer Edenfield, Senator from the Fourth Senatorial District. /s/ A. A. Buie Sworn to and subscribed before me this 16 day of November, 1953. /s/ Julian C. Sipple N. P. Chatham County, Georgia. Approved December 12, 1953.

Page 2299

NAHUNTA CHARTER AMENDED. No. 583 (House Bill No. 830). An Act to amend an Act incorporating the City of Nahunta, Brantley County, Georgia, approved July 28, 1925 (Ga. Laws 1925, p. 1273) as amended by an Act approved August 14, 1931 (Ga. Laws 1931, p. 914) and an Act approved February 20, 1951 (Ga. Laws 1951, p. 2666) so as to enlarge the corporate limits; to change the hours during which the polls are open; to provide compensation for the mayor and council; to authorize arrests by city officers within one mile from the city limits in certain instances; to provide that notice need not be given for bids, except where the sum involved equals or exceeds $500.00; to eliminate the fee system for city officers; to provide for registration of voters; to create a board of registrars; 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 Nahunta in Brantley County, and creating a charter therefor, approved July 28, 1925 (Ga. Laws 1925, p. 1273), as amended by an Act approved August 14, 1931 (Ga. Laws 1931, p. 914) and an Act approved February 20, 1951 (Ga. Laws 1951, p. 2666) is hereby amended by striking from said Act Section 3 thereof, relating to the territorial limits, and by substituting in lieu thereof a new Section 3 to read as follows: Section 3. The corporate limits of Nahunta shall include all of land lots Eighty-eight (88) and Eighty-nine (89), the westerly half of land lots One Hundred Four (104) and One Hundred Five (105), the northwesterly quarter of land lot One Hundred Six (106), and the northerly half of land lot Eighty-Seven (87). Corporate limits. Section 2. Said Act, as amended, is further amended

Page 2300

by striking from Section 8 thereof, in the 13th line, the words and figures 10 o'clock and 3 o'clock and by substituting in lieu thereof, the words and figures seven (7) o'clock, and six o'clock, so that said section when so amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid, that all elections for mayor and aldermen after the first election, and elections on any question to be submitted to the voters of said city, shall be held at such place or places within said city as may be fixed by the city council. The city council shall have full power and authority to establish as many polling places as it may deem necessary. All elections shall be held by three citizens of said city who are qualified to vote in elections therein, and said elections shall be held in the same manner under the same rules and regulations as are elections for members of the General Assembly, except that the polls shall open at seven (7) o'clock A. M. and close at six (6) o'clock P. M. The mayor shall look after the holding of the election and provide managers therefor, who shall be paid such compensation for holding the elections as city council may prescribe. In elections for mayor and aldermen, the managers shall deliver certificates of election to the persons whom they find have received the greatest number of votes for mayor and aldermen respectively. Elections. Section 3. Section 20 of said Act, relating to the compensation of the Mayor and Councilmen, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Section 20 to read as follows: Section 20. The compensation or salaries of the mayor and aldermen, and all other officers, servants and employees of the city shall be such sums as the city council may fix, provided, however, that the mayor's salary shall not be less than $600.00 or more than $900.00, per year, as set by the city council, and the compensation of each alderman shall be five dollars ($5.00) for each meeting of the city council actually

Page 2301

attended, not to exceed $100.00 per year. The mayor and council, and such other city officers as they may designate shall also be relieved of street tax and street duty. Salaries of mayor and aldermen. Section 4. Section 28 of said Act, relating to the arrest of persons who have violated city ordinances, is hereby amended by adding thereto at the end thereof the following subsection, to be known as Subsection (a). (a). Any policeman or marshal of the City of Nahunta may arrest, without warrant for violation of any city ordinance committed in his presence, any person within one mile of the corporate limits, provided that he shall have entered into immediate and continuous pursuit of such offender. Arrests. Section 5. Section 49 of said Act, relating to the giving of notice and bids by the mayor and city council for contracts is hereby amended by striking from the next to the last line thereof, the words and figures two hundred ($200.00) and by substituting in lieu thereof the words and figures five hundred ($500.00), so that said section, when so amended shall read as follows: Section 49. Be it further enacted by the authority aforesaid, that before the mayor and city council of said City of Nahunta shall be authorized to purchase any machinery, tools, fixtures, provisions, supplies, or other articles, for said city or to make any contracts for said city for any purpose whatever, they shall give notice of their intention to do so, asking for bids on same, once a week for four weeks in the official gazette of said city. Provided, however, that no such notice shall be necessary when the purchase or the consideration of the contract is in an amount less than five hundred ($500.00) dollars. Section 6. Section 31 of said Act, relating to a fee basis for the officers of said city, is hereby repealed in its entirety. Fees of officers.

Page 2302

Section 7. Section 10 of said Act, relating to the qualifications of voters in said city, as amended, is hereby amended by adding at the end thereof the following subsections: (B). There is hereby created a board of registrars for the City of Nahunta, to consist of three registrars to be appointed by the mayor and council for such term and for such compensation as the mayor and council in their discretion may fix. The board of registrars shall provide suitable books for the permanent registration of the voters of said city. The registrars shall register qualified voters of the city in said books and no person being once registered 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 disqualified for some other reason. The registration books shall remain open at all times except on the days on which official business of the city is normally suspended. The registration books shall also be closed fifteen (15) days before an election. It shall be the duty of the board of registrars to purge the list of registered voters and to present three certified copies of the list to be used in an election to the election managers prior to each election. Registration of voters. (C). All persons desiring to register shall apply to the board of registrars in person, and present suitable evidence of their qualifications; but in any event, such applicant may qualify by making oath before said board, affirming that he possesses all the qualifications as required by Paragraph (A) of this section. Said board is hereby authorized to administer said oath, and to keep a record of all such oaths administered by them. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Brantley County. Personally appeared before me, an officer duly authorized to administer oaths, Joseph B. Strickland, who being duly sworn, deposes and says on oath, that he is

Page 2303

Representative from Brantley County, and that the following copy of notice of intention to apply for local legislation was published in The Brantley Enterprise, the newspaper in which sheriff's advertisements for Brantley County are published, as provided by law, on October 29, 1953, November 5, 1953, and November 12, 1953: Legal Advertising. Legal Notice. In compliance with the Constitution and laws of the State of Georgia, notice is hereby given of the intention of the undersigned to apply for the passage of a local bill at the next session of the General Assembly of Georgia which meets on November 16, 1953, said local bill to amend the charter of the City of Nahunta, as amended, as follows: (a) to extend the corporate limits, so as to include, all of land lots Eighty-eight (88) and Eighty-nine (89), the westerly half of land lots One Hundred Four (104) and One Hundred Five (105), the northwesterly quarter of land lot One Hundred Six (106), and the northerly half of land lot Eighty-Seven (87); (b) to provide that, in municipal elections, the polls shall remain open from seven o'clock A. M. to six o'clock P. M.; to provide for the registration of voters; and, to provide for a board of registrars, and prescribe their powers, duties, term of office, method of selection, and compensation; (c) to provide that any policeman of said city may arrest, without warrant, for violation of any city ordinance committed in his presence, any person within one mile of the corporate limits, provided that he shall have entered into immediate and continuous pursuit of such offender; (d) to provide that the city council of said city may purchase or contract for said city without notice or asking bids whenever the consideration shall not exceed five hundred dollars ($500.00); (e) to provide that the compensation paid the mayor shall not be less than six hundred dollars ($600.00), nor more than nine hundred dollars ($900.00) per year, as set by the city council; and that the compensation paid each alderman

Page 2304

shall be five dollars ($5.00) for each meeting of the city council actually attended, not to exceed one hundred dollars ($100.00) per year; (f) to abolish the payment of fees or costs from mayor's court to any city official or employee. Jos. B. Strickland Representative from Brantley County. /s/ Jos. B. Strickland Joseph B. Strickland Sworn to and subscribed before me, this 14th day of November, 1953. /s/ Quinton L. Gibson Notary Public, Georgia. (Seal) Approved December 14, 1953. TAX RECEIVER'S COMMISSION IN CERTAIN COUNTIES. No. 584 (House Bill No. 903). An Act to provide that the tax receiver in all counties of the State having a population of not less than 9,890 and not more than 9,900, according to United States census of 1950, and any future United States census, shall be paid from ad valorem school tax collected for the county board of education a commission of one and one-half 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 9,890 and not

Page 2305

more than 9,900, 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 and one-half percent (1%) of the net amount collected. Counties. Commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 14, 1953. FIRE DEPARTMENT PENSIONS IN CERTAIN CITIES. No. 585 (Senate Bill No. 227). 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 shall cease to have a treasurer or does not have a treasurer, the chairman of the finance committee or the chairman of a similar committee shall be a member of the board of trustees; 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: Section 1. That said Act, as amended by the Act approved February 26, 1953 (Ga. Laws 1953, pp. 2705-2706)

Page 2306

be amended by striking Section 1 thereof, which reads as follows: Sec. 1, Act of 1953, 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.' , and by enacting in lieu thereof the following: 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 chairman of the finance committee or the chairman of a similar committee, 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. Trustees. Section 2. That Section 6 of said Act, relating to the board of trustees, as amended, be and the same is further amended by striking therefrom the following sentences: The mayor may delegate all of his powers under this Act to the chairman of the finance committee and when so acting, he shall have all of the powers herein conferred upon the mayor. and A majority of the board of trustees shall control on all disputed questions, but such decision shall be subject to review by the superior court in an action at law, suit in equity, writ of certiorari, as provided by general law for such writ, or other proceedings, upon petition of such city or any person who may have an interest in the funds provided by this act, as amended. and that said section, when amended, shall read as follows: Sec. 6 amended.

Page 2307

Section 6. Be it further enacted that there is hereby established, to serve without pay, a board of trustees whose duties it shall be to manage said funds, which shall be kept by the city treasurer of such cities as a separate fund and covered by his bond as such. The board of trustees shall consist of the city treasurer, the city comptroller, the mayor and two members of the fire department to be elected by the members of said department in active service at the date of the approval of this Act or in active service on the first day of the month following the qualifications of any other city under the terms of this Act. The members of any such department in active service on the date of the approval of this Act in all cities having more than 150,000 population by the United States census of 1920 or any subsequet census shall elect the two members of the department within sixty days after the approval of said Act. The mayor, the treasurer and the city comptroller shall be ex officio members of such board and the elected members shall serve for a term of one year and until their successors are elected and qualified. Any existing board of trustees created under this Act, before amendment, is hereby abolished. Board of trustees. Section 3. That said Act, as amended, be further amended by adding a new section to be known as Section 6 (b) to read as follows: Sec. 6 amended. Section 6(b). A majority of the board of trustees shall control on all disputed questions, but such city or any person making application for pension on other relief may appeal from the decision of the board of trustees to the superior court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the superior court of the county in which the greater part of such municipality lies, by filing with the clerk of said court a petition in writing setting forth generally wherein such decision is erroneous. Such appeal shall be filed within thirty days after the decision of the board of trustees is rendered. The same shall be served on the opposite party or his attorney by delivering to him a copy thereof. Upon the

Page 2308

filing of such an appeal the clerk of the superior court shall give immediate notice thereof to the secretary of the board of trustees and within thirty days from the date of such notice, the secretary of the board of trustees shall cause to be filed with the said clerk a copy of the application for pension or other relief involved and of the decision of the said board thereon, with the date thereof, duly certified by the secretary of the board of trustees. Thereafter, at the next term of the superior court, or in vacation upon ten days' notice to the parties, unless a jury trial is demanded in writing by one of the parties within thirty days after the appeal is filed with the clerk of the superior court, the judge of such court shall proceed to hear and pass upon the controversy. If a jury trial is demanded, the hearing shall be in order at the next term of the court. All such hearings shall be de novo proceedings. Any party at interest who is aggrieved by the judgment rendered by the superior court in such matter may have the same reviewed by a motion for new trial or direct bill of exceptions in the same manner as now provided by law for other judgments, orders and decrees of the superior courts. The filing of an appeal in the superior court from any decision of said board of trustees shall act as a supersedeas. Appeal from decisions of board. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 14, 1953. RABUN COUNTY TAX COMMISSIONER. No. 586 (House Bill No. 707). An Act to consolidate the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County; to provide for term of office, to provide for the election of the tax commissioner; to provide the method of filling vacancies; to provide the rights, duties and liabilities of said office;

Page 2309

to provide for compensation; to provide for giving bond; to provide that all taxes due and all tax fi. fas. issued shall remain of full force and effect and be collectible; to provide that the tax commissioner shall be ineligible for certain offices; to provide for clerical help; to provide that the tax commissioner shall not have to make rounds to collect taxes; to provide that the laws of force as to tax receivers and tax collectors shall be of full force and effect as to the tax commissioner so far as the same are applicable; 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. Effective January 1, 1957, the office of Tax Receiver and the office of Tax Collector of Rabun County are hereby consolidated into the office of Tax Commissioner of Rabun County. The rights, duties and liabilities of the said office of tax commissioner shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State, so far as the same are applicable. The said tax commissioner shall give notice to each taxpayer not later than November first of each year, of the amount of tax due and total assessment for such year. Tax commissioner. Section 2. The first election for the office of tax commissioner, created herein, shall be held at the same time the 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 years. Likewise, all future elections for tax commissioner shall be held at the same time as other county officers are elected, and the tax commissioner shall likewise have a term of office for four years and until his successor is elected and qualified. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled as vacancies are now filled in the office of tax collector. Until January 1, 1957, the Tax Receiver and the Tax Collector of Rabun

Page 2310

County shall continue in office and perform all of their respective duties. Election. Section 3. All taxes due and payable at the time the tax commissioner takes office, and all tax fi. fas. theretofore issued by the Tax Collector of Rabun County, shall have full force and effect and be collectible as issued. Section 4. The tax commissioner shall receive as compensation the sum of forty-eight hundred dollars ($4,800.00) per annum, payable monthly from the general funds of Rabun County. The tax commissioner is authorized to employ any clerical assistance to aid him in the performance of the duties of his office, which clerical assistance shall be paid by said tax commissioner from his own personal funds, and which shall not be a charge against the County of Rabun. 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 Rabun County. Compensation. Fees and commissions. Section 5. The tax commissioner shall be furnished an office in the Rabun County courthouse and shall keep said office open for the transaction of business as other county officers do. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving or collecting taxes. Office. Section 6. The tax commissioner shall be ineligible to serve as a member of the board of tax assessors or as clerk of said board. Assessors. Section 7. The tax commissioner, before entering upon the duties of his office, shall take the oath now prescribed by law for the tax collector and shall give bond as provided by law, which bond shall be conditioned for the faithful performance of his duties and shall be made

Page 2311

payable to the Ordinary of Rabun County for the use of Rabun County. Oath and bond. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Rabun County. This is to certify that the attached is a true and exact copy of a legal notice published by Representative Paul Green and State Senator Harry L. Brown, both of said State and county, on local legislation, as appeared in the Clayton Tribune, official organ of Rabun County, in issues of October 15, 1953, October 22, 1953, and October 29, 1953. /s/ L. P. Cross L. P. Cross, Editor Clayton Tribune Clayton, Georgia Sworn to and subscribed before me, this 10th day of November, 1953. /s/ G. D. Long Notary Public. (Seal) Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia, convening on November 16, 1953, a local bill affecting the County of Rabun, the caption of which is as follows: To be entitled An Act to consolidate the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County; to provide for term of office; to provide for the election of the tax commissioner; to provide the method of filling vacancies; to provide the rights, duties and liabilities of said office; to provide for compensation; to provide for giving bond; to provide that all taxes due and all tax

Page 2312

fi. fas. issued shall remain of full force and effect and be collectible; to provide that the tax commissioner shall be ineligible for certain offices; to provide for clerical help; to provide that tax commissioner shall not have to make rounds to collect taxes; to provide that the laws of force as to tax receivers and tax collectors shall be of full force and effect as to the tax commissioner so far as the same are applicable; to provide an effective date; to repeal conflicting laws; and for other purposes. This 14th day of October, 1953. Paul Green, Rep. Rabun County, Ga. Harry L. Brown, Senator 40th District. 15, 22, 29c Approved December 12, 1953. SUPERIOR COURT CLERKSALARY SYSTEM IN CERTAIN COUNTIES. No. 587 (House Bill No. 806). An Act to amend an Act (Ga. Laws 1924, p. 90) entitled An Act, to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court only or ex officio clerk of other courts) the sheriff, the ordinary, the tax collector and the tax receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes; to amend Section 6 of said Act so as to provide that salary checks may be made payable directly to the employee, assistant or deputy instead of to the elective officer for disbursement by such officer and to such employee, assistant or deputy; and for other purposes:

Page 2313

Section 1. Be it enacted by the General Assembly of the State of Georgia and it is so enacted by authority of the same that, from and after the passage of this Act an Act (Ga. Laws 1924, p. 90) and entitled An Act, to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court only or ex officio clerk of other courts) the sheriff, the ordinary, the tax collector and the tax receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes, be and the same is hereby amended by adding to Section 6 of said Act a new sentence to read as follows: It shall be permissible, upon order of the governing authority of a county, to make payment of salaries of assistants and deputies of each elective officer by check or voucher directly payable to the respective assistant or deputy, but any such check or voucher shall be delivered to the elective officer for distribution to his assistant or deputy whose salary is evidenced by such check or voucher. Manner of payment. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill, and which notice is attached hereto and made a part hereof, was published

Page 2314

in the Macon News, which is the official organ of Bibb County, Georgia and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 31st, November 7th and November 14th, 1953. /s/ Andrew W. McKenna /s/ John B. Harris, Jr. /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this the 18th day of November, 1953. /s/ Janette Hirsch Notary Public. Notarial Seal Affixed. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Public Notice. Please be advised that it is the intention of the County Board of Commissioners for the County of Bibb to apply, at the coming session of the General Assembly of Georgia, for passage and approval of legislation, affecting Bibb County, as follows: An amendment to an Act of the General Assembly of Georgia (Ga. Laws 1924, p. 90) which Act provides for the method of salary payments to certain elective officers of Bibb County and to their assistants and deputies, so that by said amendment it will be permissible to make checks or vouchers for salary payments to such assistants and deputies directly payable to such assistants and deputies instead of to the particular elective officer for disbursement to his assistants and deputies, but to provide, however, that such checks or vouchers shall be delivered to such elective officer for distribution. Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb. Approved December 12, 1953.

Page 2315

CITY COURT OF COLUMBUSSOLICITOR'S SALARY. No. 588 (House Bill No. 696). An Act to amend an Act approved December 20, 1884, (Acts 1884-5, p. 455 et seq.) entitled An Act to establish a city court in the City of Columbus for Muscogee County, and to provide for the appointment of a solicitor thereof, and for other purposes, and Acts amendatory thereof; to fix the salary of the Solicitor of said City Court of Columbus; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it hereby is enacted by the authority of the same that from and after the passage and approval of this Act, the Act approved December 20, 1884, entitled An Act to establish a city court in the City of Columbus for Muscogee County, and to provide for the appointment of a solicitor thereof, and for other purposes, and Acts amendatory thereto be amended to provide that the salary of the Solicitor of the City Court of Columbus shall be seven thousand eight hundred dollars ($7,800.00) per annum, payable in twelve equal monthly installments. Provided, however, that if the salary, expense account and any other emoluments payable to said solicitor from all governmental sources should exceed the salary, expense account and emoluments of the judge of said city court, the salary of said solicitor herein provided for shall be reduced by the amount of such excess. Salary. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. 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

Page 2316

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 November 16, 1953, for the passage of a local bill entitled: An Act to amend an Act approved December 20, 1884 (Acts 1884-5, p. 455 et seq.) entitled An Act to establish a city court in the City of Columbus for Muscogee County, and to provide for the appointment of a solicitor thereof, and for other purposes, and Acts amendatory thereof; to fix the salary of the Solicitor of said City Court of Columbus; and for other purposes. This the 16th day of September, 1953. /s/ William J. Schloth William J. Schloth, President Columbus Lawyers Club 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 amend an Act, approved December 20, 1884 (Acts 1884-5, p. 455, et seq.) entitled `An Act to establish a city court in the City of Columbus for Muscogee County, and to provide for the appointment of a solicitor thereof, and for other purposes', and Acts amendatory thereof; to fix the salary of the Solicitor of said City Court of Columbus; and for other purposes, has been published as provided by law once a week for three weeks, to wit: September 21, 1953, September 28, 1953, and October 5, 1953, during a 60-day period immediately preceding introduction of said bill into the General Assembly. Said newspaper is the newspaper in which

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sheriff's advertisements for the locality affected are published. Affiant further states that he is the publisher. /s/ M. R. Ashworth M. R. Ashworth, Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me, this 2nd day of November, 1953. /s/ Nellie S. Parker Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved December 12, 1953. WESTERN JUDICIAL CIRCUITREPORTER'S SALARY. No. 589 (House Bill No. 770). An Act requiring the Board of Commissioners of Roads and Revenue of Clarke County to supplement the salary of the Western Judicial Circuit Court Recorder in the sum of $900 per year; said sum to be in addition to any salary now being paid by said county; to require said commissioners to make provisions when levying taxes for the expense of the court for the levying and collecting sufficient taxes for the purpose of paying said salary; to require said supplemental salary to be paid in equal monthly installments on the last day of each month, the first installment to be due and payable on the last day of the month following approval of the bill; 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:

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Section 1. The board of commissioners of roads and revenue or other authorities having control of the expenditures of the county funds for the County of Clarke is hereby required to supplement the salary of the Western Judicial Court Reporter in the sum of $900.00 per year; said sum to be in addition to any salary now being paid by said county. Supplement by Clarke County. Section 2. It is further enacted that it shall be the duty of the county commissioners, or other authorities having control of county matters, to make provisions when levying taxes for the expense of the courts for the levying and collecting sufficient taxes for th purpose of paying said salary. Taxation to cover. Section 3. The salary thus supplemented shall be paid in equal monthly installments from the county treasury of Clarke County, Georgia, on the last day of each month, the first said installment to be due and payable on the last day of the month following the approval of this bill. Section 4. Be it further enacted that this Act shall become effective on the date of approval. Section 5. A copy of said notice of intention to apply for this local legislation and the affidavit showing the publication of said notice, as required by said 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, 1945, relating to the 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 6. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Clarke County: Before me, an officer authorized by law to administer oaths, appeared E. B. Braswell, publisher of the Athens Banner-Herald, who on oath, says that the attached Notice

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of Intended Legislation appeared in the Oct. 9th, 16th and 23rd issues of said Athens Banner-Herald. /s/ E. B. Braswell Signed and sworn to before me this 23rd day of October, 1953. /s/ Mary Capps Hawkins N. P. Clarke Co., Ga. Notarial Seal Affixed. Notice of Intended Legislation. In compliance with Code Section 2-1915 of the Annotated Code of Georgia, notice is hereby given that legislation will be introduced at the November, 1953, session of the General Assembly of the State of Georgia, for Clarke County to supplement the salary of the Official Court Reporter of the Western Judicial Circuit. This 30th day of September, 1953. Robert G. Stephens, Jr. Chappelle Matthews. 09-16-23 Approved December 12, 1953. ELBERT COUNTY COMMISSIONER'S COMPENSATION. No. 590 (House No. 835). An Act to amend an Act creating a Board of Commissioners for Elbert County and prescribing their duties, approved February 27, 1875 (Ga. Laws 1875, p. 253) as amended, more particularly as amended by an Act approved September 25, 1883 (Ga. Laws 1882-83, p. 509) and an Act approved December 5, 1901 (Ga. Laws 1901, p. 236), and an Act approved August 11, 1913 (Ga. Laws 1913, p. 385) and an Act approved

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August 16, 1920 (Ga. Laws 1920, p. 514) and an Act approved February 16, 1943 (Ga. Laws 1943, p. 960) and an Act approved February 3, 1949 (Ga. Laws 1949, p. 133), so as to increase the compensation of the Commissioner of Elbert County from $3600.00 per annum to $5000.00 per annum, payable in equal monthly installments; 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 Elbert County and prescribing their duties, approved February 27, 1875 (Ga. Laws 1875, p. 253) as amended, more particularly as amended by Section 1 of an Act approved September 25, 1883 (Ga. Laws 1882-83, p. 509) and an Act approved December 5, 1901 (Ga. Laws 1901, p. 236) and Sections 1, 4 and 11 of an Act approved August 11, 1913 (Ga. Laws 1913, p. 385) and Section 20 of an Act approved August 16, 1920 (Ga. Laws 1920, p. 514) and Section 1 of an Act approved February 16, 1943 (Ga. Laws 1943, p. 960) and Section 1 of an Act approved February 3, 1949 (Ga. Laws 1949, p. 133) is hereby amended by striking in its entirety, Section 11 of the Act approved August 11, 1913 (Ga. Laws 1913, p. 385, 388), as amended, and substituting in lieu thereof a new section to read as follows: Section 11. The commissioner shall receive as full compensation for his services the sum of $5000.00 per annum, payable in equal monthly installments. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To the Voters of Elbert County: Feeling that the salary of the Commissioner of Roads and Revenues of Elbert County is not in keeping with the responsibilities of the office, a group of Elbert County

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citizens will sponsor a bill in the November General Assembly to increase the salary of the commissioner of roads and revenues from $3600 per year to $5000 per year. Georgia, Elbert County: I. G. T. Christian, editor and publisher of the Elberton Star, a newspaper published in Elberton, Elbert County, Georgia and being the paper in which sheriff's advertisements for said county are published, do hereby certify that the foregoing notice was published by me in said above named newspaper on the following dates, to wit: October 30, November 6, 10, 1953. This the 12 day of November, 1953. /s/ G. T. Christian Witness: /s/ Carolyn e. McMullan Notary Public, Elbert County, Georgia. My commission expires Nov. 2, 1955. (Seal) Approved December 12, 1953. BALDWIN COUNTY COURTFEES OF OFFICERS. No. 591 (House Bill No. 817). An Act to amend an Act creating county courts in certain designated counties of this State, approved January 19, 1872 (Ga. Laws 1871-72, p. 288), and the several Acts amendatory thereof, more particularly an Act approved March 5, 1875 (Ga. Laws 1875, pp. 71-72), and an Act approved October 21, 1891 (Ga. Laws 1890-91, p. 98), so as to provide that in the County of Baldwin the Sheriff and the Ex Officio

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Clerk of the County Court of Baldwin County, Georgia, shall receive the same fees for the performance of their duties in all criminal cases as the like officers of the superior court of said county receive, and to provide that the solicitor of the county court of said county shall receive thirteen dollars fifty cents ($13.50) for his service in each criminal case disposed of before the court by plea of guilty, trial or otherwise; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating county courts in certain designated counties of this State approved January 19, 1872 (Ga. Laws 1871-72, p. 288), and the several Acts amendatory thereof, more particularly an Act approved March 5, 1875 (Ga. Laws 1875, pp. 71-72), and an Act approved October 21, 1891 (Ga. Laws 1890-91, p. 98), is hereby amended so as to provide in the County of Baldwin the sheriff of the county court and the ex officio clerk of the county court of said county shall receive the same fees for the performance of their duties, in criminal cases disposed of in said court, as the clerk and sheriff, respectively, of the superior court of said county receive for like service. The solicitor of the county court of said county shall receive thirteen dollars fifty cents ($13.50) for each criminal case disposed of before the court by plea of guilty, trial, or otherwise. Fees in criminal cases. Section 2. This Act shall apply to all criminal cases disposed of in said court during this calendar year and all future years. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. This is to give notice that legislation of a local application will be introduced in the November session of the

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Georgia General Assembly by the undersigned. Bill No. 1 will change the term of county commissioners for Baldwin County from 6 to 4 years. Bill 2 will clarify the fee schedule in the County Court of Baldwin County relative to sheriff, clerk of court and solicitor. Robert H. Green, Representative Baldwin County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert H. Green, who, on oath, deposes and says that he is Representative 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: October 22, 1953, October 29, 1953, and November 5, 1953. /s/ Robert H. Green Representative, Baldwin County Sworn to and subscribed before me this 18 day of November, 1953. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved December 12, 1953. CARROLLTONRECORDER. No. 592 (House Bill No. 833). 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 amend the

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charter of said City of Carrollton as to give the mayor and council the right, in their discretion, to elect a recorder for said City of Carrollton, prescribe his duties, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The mayor and council shall have the right, within their discretion to elect a recorder in the same way they now elect other officers of said city. The recorder when so elected and qualified shall preside over the trial of cases in the police court, under the restrictions, regulations, and power so imposed upon the mayor, or a member of the city council in like capacity. He shall be the presiding officer ins said court, except when disqualified or absent, when the Mayor, Mayor Pro Tem., or member of the City Council of Carrollton, may preside with full powers as the city recorder. The mayor and city council shall fix the salary of the city recorder, and shall have the power to define his duties under ordinance not in conflict with this Act. Said city recorder when elected and qualified, shall have all the power and authority conferred upon him, as city recorder, as now exercised by the Mayor, or Mayor and Council of Carrollton under and by virtue of said charter of the City of Carrollton and the several amendments thereto. Recorder. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. 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 editor of the Times Free Press, legal organ for the County of Carroll for the year 1953, and that the attached copy of Notice of Intention to Apply for Local Legislation was published in said

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paper of the 22nd, 29th days of October and the 3rd day of November 1953, as provided by law. /s/Jewell R. Dean Publisher Sworn to and subscribed before me this 10th day of November 1953. /s/ Sarah Irene Dean Notary Public. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the Georgia General Assembly at its session, convening in November 1953, for the passage of local legislation amending, supplementing and adding to the charter of the City of Carrollton, as contained in the Georgia Laws, of 1891, being an Act to establish a charter for the City of Carrollton, Georgia, and the amendatory Acts thereto, especially Georgia Laws 1931, pages 707 to 708, No. 172, to provide for a recorder for the City of Carrollton, to define the duties of the recorder; and for other purposes. /s/ Lamar Knight, Lamar Knight, City Attorney. Approved December 12, 1953. TAZEWELL CHARTER. No. 594 (House Bill No. 787). An Act to create a charter for the Town of Tazewell, Georgia, to establish a municipal government for said town, to provide the time for electing a mayor and five councilmen for said town; to define the rights, powers and duties of the same and of said town and to repeal all conflicting laws.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the inhabitants of that territory now embraced in and known as the Town of Tazewell, located in the County of Marion, State of Georgia, be and they are hereby incorporated under the name of the Town of Tazewell, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements, and hereditaments now belonging or in any way appertaining to said Town of Tazewell, created by this Act, and the said Town of Tazewell created by this Act may sue and be sued, contract and contracted with, plead and be unpleaded with, have and use a common seal, make and enact, through its mayor and councilmen such ordinances, rules and regulations and resolutions for the transaction of its business and welfare and proper government of said town as mayor and council may deem best, and not inconsistent with the laws of the State of Georgia and of the United States and the laws of the said Town of Tazewell shall be capable in law to purchase, hold receive, enjoy, possess and retain in perpetuity, or for any term of years any estate or estates, real or personal, lands, tenements, and hereditaments of what kind and nature soever, within or without the limits of the said town, for corporate purposes, and to sell, alien or exchange or lease them, or any part thereof, or convey the same or any part thereof. Said Town of Tazewell, created by this Act, is hereby made responsible as a corporate body for the legal debts, liabilities and undertakings of said Town of Tazewell. The corporate limits of said Town of Tazewell shall extend for eight tenths of a mile in each direction from the Masonic Lodge. Incorporation. Limits. Section 2. Be it further enacted, that the government of said Town of Tazewell shall be vested in a mayor and five councilmen, who shall hold their respective offices as hereinafter provided, and until their successors are elected and qualified. Mayor and council.

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Section 3. Be it further enacted, that on the first Monday in February, 1954, and on the first Monday in February each and every year thereafter, after the passage of this Act, there shall be an election held at the courthouse in said town for the election of a mayor whose term of office shall be for two years, and until his successor shall be elected and qualified and five councilmen, two of whom shall be elected for a term of one year, and three for a term of two years, each to hold office until his successor is elected and qualified, provided that at each election after that held on the first Monday in February, 1954, there shall be elected a mayor for two years and two councilmen, or three councilmen as the case may be, alternately, for a term of two years, thus securing the rotation in office of councilmen, so that the full membership of said body may not be completely changed at any one election. The franchises of said corporation shall not be forfeited or discontinued by a failure to hold the election at the proper time; but the mayor and council, or council or a justice of the peace therein may at any time, on giving the inhabitants five days notice, by advertisement in the county newspaper, or by written or printed notices at three public places in the corporation, hold such election; and the persons elected shall have the same power and authority as if they had been elected at the regular period. All elections under this Act shall be held by a justice of the peace, or by three freeholders residing therein, and each of said managers before entering upon his duties shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: We, and each of us, do swear that we will faithfully and impartially conduct this day's election and prevent illegalities to the best of our skill and knowledge, so help us God. Such election shall be conducted under rules and regulations governing elections for members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept. At all elections the polls shall not be opened earlier than nine o'clock, A. M., and shall close at eight o'clock, P. M. After the polls are closed, the managers shall

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count the votes, declare the result and certify the same to the mayor and council. The managers shall deposit with the mayor all papers pertaining to said elections who shall preserve them for ten days and then destroy them, unless notice of a contest has been filed. All contests shall be conducted as may be prescribed by law. Their election. Section 4. Be it further enacted, that the mayor and town council of the Town of Tazewell may provide by ordinance for the registration of voters and no person shall be allowed to vote at any town election held under the provisions of this charter except such as shall have been duly registered in compliance with terms of said ordinance. Registration of voters. Section 5. Be it further enacted, that no person shall be eligible to election to any town office unless he is a bona fide citizen of said town, but this restriction shall not apply to officers elected by the Mayor and Council of Tazewell. Qualifications of officers. Section 6. Be it further enacted, that within ten days after the election of said mayor and councilmen, and before they enter upon the discharge of their duties, shall, before some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the best of my ability, discharge the duties of the mayor (or as councilman, as the case may be) of the Town of Tazewell during my continuance in office, so help me God. Oath of mayor and councilmen. Section 7. Be it further enacted, that said mayor and council at their first meeting in February of each year, or as soon as practicable thereafter, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, to wit: A town treasurer, town marshal, a chief of police and as many other regular policemen as the town council may deem proper to elect, a recorder, a town physician, a town attorney, a superintendent of lights, waterworks and sewerage and such other officers as the mayor and council of the Town

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of Tazwell may see fit to elect, and said mayor and council of the Town of Tazewell may prescribe by ordinance the duties, fix bonds and fix the compensation of all the town's officers elected by that body, each of the said officers before entering upon the discharge of their duties shall give bond and take and subscribe an oath to discharge the duties of the office to which he has been elected. Officers. Section 8. Be it further enacted, that the mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all the meetings of the mayor and council the mayor, if present, shall preside, and he may vote in all cases of a tie. The mayor and four members of council to constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to a future time. Meetings of council. Section 9. Be it further enacted, that said mayor and council shall have full power to pass all ordinances, bylaws and regulations which they may deem necessary to the good government of said town, the protection of property, peace, good order, health, comfort and conveniences of citizens thereof, and to fix suitable penalties for the violation of same. They may provide for punishing violators of their ordinances, bylaws, resolutions, by fine, imprisonment in the town prison, or working on the chain gang on the streets of said town, the fine in no case to exceed one hundred ($100.00) dollars and the imprisonment in the town prison not to exceed sixty days, and sentence on the chain gang not to exceed four months and either one or all of said penalties may be imposed at the discretion of the recorder's court, and said mayor and council are hereby authorized to have any convict or convicts of said town punished for failure to work on the streets or elsewhere on the chain gang of the town or to enforce proper discipline. The punishment for failure to work, or any other improper conduct upon the part of any convict shall be punishment as now prescribed by law, which shall be administered by or under

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the direction of the town marshal in proportion of the offense, and shall not be excessive. General powers. Section 10. Be it further enacted, that said mayor and council shall have the superintendence and control of the streets, sidewalks, bridges, and alleys and of the public square, parks and cemeteries in said town, and may prohibit or remove all obstructions of or encroachments thereon, or interference therewith. They are vested with the power to open and lay out new streets and alleys; to widen or straighten any of the streets or sidewalks or alleys of the town and to assess whatever damages any property holder may incur by reason of such widening or straightening, which damage shall be paid out of the town treasury. If any such property holder is dissatisfied with the damage assessed, upon his or her complaint to be heard, the question of such damage shall be referred to the arbitrant and award of three arbitrators, one to be selected by the mayor and one by the property holder, and the third by the other two. A majority of the arbitrators may make an award. Either party dissatisfied with such findings may enter an appeal to the Superior Court of Marion County by filing with the mayor and council a statement in writing of the case and the amount of the finding and that such party desires to enter an appeal; whereupon it shall be the duty of the mayor and council to transmit said statement to the Superior Court of Marion County, when the question of damages shall be tried by a jury. Said mayor and council shall have power and authority to pave or otherwise improve the sidewalks of said town with whatever material and in whatever manner they deem proper and best, and to assess one-half the cost of so paving or otherwise improving the sidewalks, including all necessary curbings, against the real estate abutting on the sidewalk so paved or otherwise improved, and to enforce the collection thereof, shall have power to issue execution against the owner or owners of said abutting property, as town tax executions are issued, and to order a levy and sale of said abutting property. Streets, sidewalks, etc.

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Section 11. Be it further enacted, that said mayor and council are hereby invested with power and authority to remove or abate nuisances in any part of said town whether on the streets or elsewhere, under such rules and regulations and in such manner as they may prescribe by ordinance or resolutions. Nuisances. Section 12. Be it further enacted, that said mayor and council may levy and collect for city purposes a tax not to exceed fifty cents on every one hundred dollars value of real estate, personal property, stock and trade, and all other property therein that may at the time being be taxable by the laws of Georgia. Said mayor and council shall also have the power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of the principal and interest of any bonded debt of said town, now existing or hereafter to be created by the town. In all cases the order levying taxes shall be recorded in the minutes of the board, and shall specify for which of the purposes aforesaid it is levied, and how much for each purpose. Taxation. Section 13. Be it further enacted, that said mayor and council shall also have power to fix and collect a special tax, a license upon all kinds of business, callings, professions or occupations carried on within the corporate limits of said town; they shall have power and authority to tax, license, regulate and control all opera houses, livery stables, garages, hacks, drays, trucks, and other vehicles used for hire, vendor-masters, auctioneers, theatrical performances, shows, circuses, and exhibitions of all kinds, peddlers and itinerant traders, every keeper of billiard, pool or bagatelle table kept for public use or gain, every keepter of a shooting gallery or a ten-pin alley, or the keeper of any other table, stand or place for the performance of any game, or play, whether played with sticks, balls, cards, dice, rings or other contrivances; also any person running a flying jinney or flying horses, bicycles, velocipedes, or skating rinks for gain, all solicitors, canvassers, selling goods, wares or mechandise, by sample or retail, or to consumers; they shall have power to fix penalties against any and all persons carrying

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on any of said occupations, or exercising any such privileges, without having first obtained such license and paid a tax therefor. Licenses. Section 14. Be it further enacted, that said mayor and council shall have power to require every male inhabitant of said town between the ages of twenty-one and fifty, to work such lengths of time on streets of said town as said mayor and council shall direct, and not to exceed ten days for one year. Said persons so subject to work on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which said mayor and council shall fix by ordinance, and which tax shall in no event, exceed five dollars for one year; said work to be done and said commutation tax to be paid, at such time as said mayor and council shall direct. Any person subject to work on said streets who shall fail to work or pay said tax after being properly notified, may be punished as may be prescribed by said mayor and council. Street tax. Section 15. Be it further enacted, that in all cases where any taxes, license, fines, commutation taxes are not paid when due, the town treasurer shall issue executions against the delinquents, which executions shall be directed to the town marshal of said town, or his deputies, and it is hereby made the right of said town marshal, or his deputies, to proceed to levy and collect all such fi. fas. as in the case of fi. fas. issued for the State and county taxes. Executions. Section 16. Be it further enacted, that said mayor shall be the chief executive officer of the town. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully executed; he shall have general jurisdiction of the affairs of the town. He shall have control of the police of said town, and may appoint special policemen when, in his judgment, it is necessary. He shall have the same power as the justice of the peace, to witness and attest papers, to administer oaths, to issue criminal warrants and to hold courts of inquiry;

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he may commit offenders tried before him as a court of inquiry, or may admit them to bail in cases where a justice of the peace has power to bail. He shall have the right to remit or reduce the fines imposed by the recorder's court imposed upo defendants charged with violating any of the town's laws; he shall have authority to pardon all defendants convicted before the recorder's court; he shall have authority to temporarily suspend any town officer, reporting his action and reason therefor, to the next regular or called meeting of the mayor and council of said town, who shall hear all the facts of the case and by a majority vote may either discharge or suspend for a definite term or reinstate said officer. Mayor. Section 17. Be it further enacted, that there shall be a recorder's court in said town for the trial of all offenders against the laws and ordinances of said town to be held by the recorder in the council chamber of said town as often as may be necessary. In the absence of this disqualification of the recorder, the mayor or any member of the council designated by the mayor, may hold said court. Said court shall have power to preserve order and to compel the attendance of witnesses and [Illegible Text] for contempt, by imprisonment not to exceed ten days, or fine not exceeding ten dollars, either or both. Said recorder shall have full power and authority, upon conviction, to sentence any offender to labor upon the streets or other public works in said town for a period not to exceed four months, or to impose a fine not to exceed one hundred dollars, or to sentence said offender to be confined and imprisoned in the town prison, or other place of confinement in said town for a period not exceeding sixty days, either one or more of said penalties may be imposed in the discretion of the recorder. The recorder shall have the right to issue criminal warrants, to hold preliminary trials and to fix bonds of all persons tried before him to answer for their appearance at Marion County Superior Court for a violation of the criminal laws of said State, or in default of such bond, commit such offenders to jail for safekeeping. Recorder's court.

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Section 18. Be it further enacted, that it shall be lawful for the town marshal, or any special policeman lawfully appointed to arrest without warrant, any and all persons violating the ordinances and laws of said town within the limits of said town, and to confine such person or persons so arrested in town prison until a hearing can be had before the proper officer, said officer or policeman shall have power and authority to call to his assistance to arrest and detain such offenders the sheriff of the county or his deputies, or any constable of said county, or any bystander, and such person when summoned shall be bound to assist said officer, and should they fail to do so, or either of the, they, or either of them, shall be liable to indictment by the grand jury of Marion County and upon conviction shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars or not less than six months on the chain gang of said county. Arrests. Section 19. Be it further enacted, that the mayor, the recorder and each member of the council shall be paid such salaries for their services as may be fixed each year by the Mayor and Council of the Town of Tazewell in February of each year prior to the annual election, to apply to the ensuing term of office. No salaries shall be increased or diminished during their terms of office. Salaries of officers. Section 20. Be it further enacted, that the Town of Tazewell may, in the manner now prescribed by law, provide by ordinance for the issuing of bonds for enlarging or extending the public utilities of the town, including waterworks, sewerage, electric lights, public school system, streets and other public improvement. Improvement bonds. Section 21. Be it further enacted, that the Mayor and Council of Tazewell may provide by ordinance for the taking of appearance bonds, to be made by persons charged with the violation of any of the laws or ordinances of the town. They may prescribe by ordinance for the taking of cash collateral bond or have bonds issued

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by personal solvent securities and they may provide for the summary forfeiture of all cash bonds and for the summary forfeiture of all other appearance bonds by order of the recorder's court, which order when entered may be enforced by executions therefor, issued by the recorder. Appearance bonds. Section 22. Be it further enacted, that in the event there shall occur a vacancy in the office of mayor, caused by the death, resignation or removal of the incumbent, the council shall immediately call an election to fill such vacancy, which election shall be called to be held within ten days. In the filling of such vacancy they shall give due and timely notice by appropriate notice and advertising. But in the event of a vacancy occurring in the office of councilmen the Mayor and Council of Tazewell shall so soon thereafter as possible elect some qualified citizen to fill such vacancy and he shall hold office until the next regular municipal election. Vacancy in office of mayor. Section 23. Be it further enacted that the Mayor and Council of Tazewell, Georgia, may provide by ordinance for such committees as they may deem fit for the administration of the municipal affairs of said town, prescribe the duties of such committees, and define their authority. Committees. Section 24. Be it further enacted that the Mayor and Council of Tazewell shall also have authority to provide by ordinance for a board of health to be composed of such members as may be provided for in said ordinance, to provide their terms of office and define their powers, authority, and compensation. Board of health. Section 25. Be it further enacted, that the Town of Tazewell shall have authority to prescribe by ordinance for the regulation of automobiles, hacks, drays, jitney service and all other public service companies or persons doing any kind of service in said town for which charges are made, they may grant franchises therefor or prescribe license therefor under rules and regulations as

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they may deem best for the best interest of the town. Vehicles. Section 26. Be it further enacted, that the Town of Tazewell shall have the authority to make contracts for supplies, including electric current for electric lights and powers for all the utilities of the town, which contracts may be for a term of years from the date thereof, provided, only that the compensation for such supplies to be paid by said town shall be paid by said town monthly or annually and the amount of such compensation for any one year shall not exceed the amount which may be lawfully levied therefor as prescribed by law. Utilities. Section 27. Be it further enacted, that the Town of Tazewell shall provide by ordinance for the establishment and maintenance of a fire department for said town, and for this purpose they may acquire property and equipment therefor to be paid out of the revenues of said town or municipal bonds properly voted and validated therefor, as now provided for by law. They may either provide for a voluntary service or for a paid service if revenues of said town authorize such payment, and they may provide by ordinance such rules and regulations as they may deem necessary for the government and control of said fire department, which ordinance shall provide officers therefor and prescribe their duties, authority, terms of office, manner of election and compensation. Fire protection. Section 28. Be it further enacted, that the terms of office of recorder, town treasurer, superintendent of waterworks, town marshal and all other officers and employees of the Town of Tazewell shall terminate and end on the first Monday night in February, 1954. That all officers elected by the mayor and council of said town and all officers provided for by town ordinances shall hold their offices for term as provided in charter from the first Monday night in February, 1954, and annually thereafter, and until their successors are elected and qualified, provided, only, that all said officers may be subject to removal from office at any time before the

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expiration of their term of office by a two-thirds vote of the members of the mayor and council, nor shall the said Town of Tazewell become liable to any officer removed from office in the manner provided for any sum whatever on account of salary or other compensation. Said Town of Tazewell shall not be liable for the torts of its marshal or policeman or other officer engaged in the discharge of the duties imposed on them by law. Terms of offices. Torts. Section 29. Be it further enacted, that the Mayor and Council of Tazewell may prescribe by ordinance such rules and regulations as they see fit for the regulation of all buildings erected within the corporate limits of said town, or for the repair of such buildings they may prescribe the material to be used and the manner of erecting and repairing same. Buildings. Section 30. Be it further enacted, that the Mayor and Council of Tazewell may prescribe by ordinance for the regulation of all public entertainments, shows, circuses, parades, may prescribe when such entertainments, etc., may be held, as well as the manner in which the same shall be conducted and the places where or in which the same shall be conducted or held. Regulation of amusements. Section 31. Be it further enacted, that the Mayor and Council of Tazewell may provide by ordinance to combine two or more of the town offices so that one person may hold and discharge the duties of more than one office, provided, however, that no member of council shall be eligible to hold any municipal office during the term for which he was elected. Offices. Section 32. Be it further enacted, that the mayor and council shall have exclusive control and management of the streets and sidewalks and bridges of the town, they may enact such ordinances as they deem best for the regulation of telephone, telegraph, railroads or other companies desiring the use and occupation on or over said streets, sidewalks and bridges, and provide suitable punishment for the violation of same. Streets, sidewalks, etc.

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Section 33. Be it further enacted, that the mayor and council are authorized to elect three freeholders residing in said town assessors who shall value and assess all the property within said town liable for taxation. All persons dissatisfied with the value placed on their property shall appear before said assessors and produce testimony as to the value of property, and the decisions of said assessors after hearing the evidence shall be final. Said assessors shall make their report at such time and in such manner as the mayor and council shall prescribe by ordinance, unless contrary to the laws of this State. Said assessors shall be appointed and receive such compensation as may be prescribed by ordinance. Tax assessors. Section 34. Be it further enacted, that the Mayor and Council of Tazewell may have authority to borrow money to meet casual deficiencies in the revenues of said town, provided only that said loans shall not extend over a period longer than twelve months and shall be paid out of the revenues of the current year for which provision shall be made by tax levy. Debts. Section 35. Be it further enacted, that there shall be called a special election on the first Monday in February, 1954, to elect mayor and councilmen and officers and further perfect the organization of said town. Said election shall be held by three freeholders and all qualified voters of the general election from the territory embraced in this charter shall be eligible to vote in said election, the rules of said election shall be governed by the provisions of charter as to time, place, and manner, of said election. Election of mayor and councilmen. Section 36. Be it further enacted, that all laws and parts of laws in conflict with any of the provisions of this Act be and the same are hereby repealed. 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 the publisher

Page 2339

of the Marion County Patriot which is the official organ of Marion County. He further states that the attached advertisement of Notice of Intention to Introduce Local Legislation was published in said paper on the following dates: 10/29/53, 11/5/53, ad 11/12/53. /s/ B. L. Tyler, Publisher Marion County Patriot Sworn to and subscribed before me this Nov. 14, 1953. /s/ Ross T. Mohone Ordinary, Talbot County. 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 incorporate the community of Tazewell, designating the same as the Town of Tazewell. Said charter to give them all of the right of municipality. This the 27 day of Oct. 1953. O. M. Singleton, Senator, 24th District E. C. Stevens, Representative General Assembly Marion County. 10-29-3t Approved December 12, 1953. ROMESCHOOL FUND. No. 595 (House Bill No. 838). An Act to amend the charter of the City of Rome as passed by the General Assembly in an Act approved August 19, 1918 (Ga. Laws 1918, p. 813 et seq.),

Page 2340

which said Act is entitled, An Act to create a new charter for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all charters and laws in conflict therewith, and especially to amend Section 89 and Section 91 of said Act so as to provide that the Secretary of the Rome City Commission shall pay over immediately to the Superintendent of the Public Schools of the City of Rome all monies received by him from any source whatsoever that is designated for the benefit of the public schools of said city under certain terms and conditions; to provide that said superintendent of the public schools shall receive such sums from the said Secretary of the Rome City Commission and keep the same together with all other sums of money collected from any source whatsoever that are designated for the benefit of said public schools in a fund which shall be subject to the supervision and direction of the board of education of said city; to provide that expenditures shall be made from said fund only upon the approval of said board of education and for the purpose of administering to the public school system and the purpose of maintaining and benefiting said public school system; to provide that said superintendent shall keep an account of the fund; to provide that said superintendent of said public schools shall or that any other person who shall be authorized by the said board of education to administer said fund, shall give bond to the said city for the faithful performance of their duties in regards to said fund; to provide that the premiums for any bond given shall be paid from the said fund; to repeal all laws and parts of laws in conflict therewith; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: That an Act approved August 19, 1918 (Ga. Laws 1918, p. 813, et seq.), which said Act is entitled, An Act to create a new charter for the City of Rome, to define

Page 2341

the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all charters and laws in conflict therewith, especially Section 89 and Section 91 thereof, be and the same is hereby amended as follows: Section 1. Section 91 of said Act approved August 19, 1918 (Ga. Laws 1918, p. 813, et seq.) which said Act is entitled An Act to create a new charter for the City of Rome, to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all charters and laws in conflict therewith, is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Sec. 91, Act of 1918, amended. Be it further enacted by the authority aforesaid, that the Secretary of the Rome City Commission shall pay over immediately to the Superintendent of the Public Schools of Rome, Georgia, all monies received by him from any source whatsoever that is designated for the benefit of the public schools of said city. The superintendent of the public schools of said city shall receive and accept from the secretary of the said commission such sums of money as are designated for the benefit of said public schools and keep the same together with all other sums of money collected by said public school system from any source whatsoever that are designated for the benefit of said public school system in a fund which shall be subject to the supervision and direction of the board of education of said city and from which expenditures shall be made only upon the approval of the said board of education. This said fund thus created shall be known as the Rome School Fund. The expenditures from the said Rome School Fund shall be made solely by the superintendent of the public schools of said city, or by such other person as may from time to time be authorized and designated by the board of education, solely for the purpose of administering the public school system in the City of Rome and for the purpose of maintaining and benefiting said public school system.

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The superintendent of said public school system shall give good and sufficient bond for the faithful performance of his duties in relation to said Rome School Fund to the City of Rome in the amount of $25,000.00. Any other person who shall be authorized and designated to administer said fund by the said board of education shall give good and sufficient bond for the faithful performance of his duties in relation to said fund to the City of Rome in the amount of $10,000.00. The premiums for the two bonds just mentioned shall be paid when due from the said Rome School Fund. Nothing herein shall have effect of dispensing with the requirements and provisions that the budget of said school system be approved by the city commission of said city. The superintendent of said public school shall keep a true and accurate account of all monies received and paid out by said Rome School Fund and render an account of the same to the Rome City Commission at such times as they may designate, so that when amended said Section 91 will read as follows: Section 91. Be it further enacted by the authority aforesaid, that the Secretary of the Rome City Commission shall pay over immediately to the Superintendent of the Public Schools of Rome, Georgia, all monies received by him from any source whatsoever that is designated for the benefit of the public schools of said city. The superintendent of the public schools of said city shall receive and accept from the secretary of the said commission such sums of money as are designated for the benefit of said public schools and keep the same together with all other sums of money collected by said public school system from any source whatsoever that are designated for the benefit of said public system in a fund which shall be subject to the supervision and direction of the board of education of said city and from which expenditures shall be made only upon the approval of the said board of education. This said fund thus created shall be known as the Rome School Fund. Rome school fund.

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The expenditures from the said Rome School Fund shall be made solely by the superintendent of the public schools of said city, or by such other person as may from time to time be authorized and designated by the board of education, solely for the purpose of administering the public school system in the City of Rome and for the purpose of maintaining and benefiting said public school system. The superintendent of said public school system shall give good and sufficient bond for the faithful performance of his duties in relation to said Rome School Fund to the City of Rome in the amount of $25,000.00. Any other person who shall be authorized and designated to administer said fund by the said board of education shall give good and sufficient bond for the faithful performance of his duties in relation to said fund to the City of Rome in the amount of $10,000.00. The premiums for the two bonds just mentioned shall be paid when due from the said Rome School Fund. Nothing herein shall have effect of dispensing with the requirements and provisions that the budget of said school system be approved by the city commission of said city. The superintendent of said public schools shall keep a true and accurate account of all monies received and paid out by said Rome School Fund and render an account of the same to the Rome City Commission at such times as they may designate. Section 2. Section 89 of said Act approved August 19, 1918 (Ga. Laws 1918, p. 813 et seq.), which said Act is entitled An Act to create a new charter for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof; and to repeal all charters and laws in conflict therewith, which reads as follows: Section 89. Be it further enacted by the authority aforesaid, that said board of education shall pay over

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to the secretary of the commission all money received by them from any source whatever belonging to said school fund, and shall take the receipt of said secretary therefor, and file the same with their papers. is hereby repealed in its entirety. Sec. 89 repealed. Section 3. All laws and parts of laws in conflict herewith are hereby expressly repealed. Section 4. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came Robert L. Scoggin, who, on oaths, says that he is a member of the General Assembly from Floyd County, Georgia, 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 the 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 18th day of November, 1953. /s/ Robert L. Scoggin. Sworn to and subscribed before me this 18 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed.

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Notice of Proposed Local Legislation, 1953 Adjourned Session, General Assembly of Georgia. Notice is hereby given that the 1953 adjourned session of the Georgia General Assembly, local legislation will be proposed amending the Rome City Charter providing that the Secretary of the Rome City Commission shall turn over immediately to the superintendent of the public schools, all monies received by him from any source whatsoever that is designated for the benefit of the public schools of said city under the terms and conditions hereinafter provided and for the purpose of providing that the superintendent of the public schools of said city shall receive and accept from the Secretary of the Rome City Commission such sums as are designated for the benefit of said public schools together with all other sums of money collected from any source whatsoever that are designated for the benefit of said public schools in a fund which shall be subject to the supervision and direction of the board of education of said city and from which expenditures shall be made only upon the approval of said board of education and further for the purpose of providing that the said superintendent of said public schools shall give good and sufficient bond for the faithful performance of his duties in relation to said fund to the City of Rome in the amount of $25,000.00 and for the purpose of providing that any other person who shall be authorized to administer said fund shall give good and sufficient bond for the faithful performance of his duties in relation to said fund to the City of Rome in the amount of $10,000.00 and for the purpose of providing that the premiums for the bonds just mentioned shall be paid from the said Rome school fund administered by said superintendent of public schools under the direction and authority of the Board of Education of Rome. And for the purpose of further providing the expenditures from the Rome school fund shall be made solely by the superintendent of the public schools of said city under the direction and approval of the said board of education solely for the purpose of administering the

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public school system in the City of Rome and for the purpose of maintaining and benefiting said public school system. Nothing herein shall have the effect of dispensing with the requirement and provisions that the budget of said school system be approved by the City Commission of said city. The charter provisions to be affected by said amendment will be those under the education chapter of the charter of Rome as passed by the General Assembly of Georgia by an Act approved August 19, 1918, Georgia Laws 1918 (Acts 861 et seq.) City of Rome. By John Yarbrough, Chairman, Rome City Commission. Attested: F. L. Sammons, Secretary, Rome City Commission. Oct. 30; Nov. 6, 13. Approved December 12, 1953. ROMETAX EXPERTS AND SURVEYS. No. 596 (House Bill No. 841). An Act to amend an Act approved August 19, 1918 (Ga. Laws 1918, pp. 813) incorporating the City of Rome, Georgia, as amended, said Act to be amended being 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 laws in conflict therewith, and especially to amend Section 67 thereof; to provide that the City Commission of the City of Rome, shall be authorized to enter into contracts with firms, individuals or corporations for the employment of persons to assist, and

Page 2347

make recommendations to, the city board of assessors in the mapping, platting, cataloging, indexing and appraising of all the taxable property, both real and personal, within said city, and to make recommendations of the evaluation of aid taxable property, and search out and appraise unreturned properties in said city, subject to the approval of the said board of assessors and city commission; to provide that said the city commission may hire such persons, firms or corporations to said and assist the city board of assessors in making a cadastral survey and a field book system for real property identification and evaluation; to provide further that the cost of the same, and the cost of maintaining the same, shall be paid for out of the general funds of the City of Rome; and to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 67 of an Act approved August 19, 1928, 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 laws and conflicts therewith, and especially Section 67 thereof; be and the same is hereby amended by adding the following to said Section 67 of said Act, to be known as Section 67B, The City Commission of the City of Rome shall be authorized to enter into contracts with firms, individuals or corporations for the employment of persons, firms or corporations, to assist and make recommendations to the Board of Assessors of the City of Rome in the mapping, platting, cataloging, indexing, and appraising of all the taxable property, both real and personal, within said city; and to make recommendations of the evaluation of said taxable property to the city board of assessors; and search out and appraise unreturned properties in said city, subject to approval of said

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board of assessors and city commission. The city commission, may hire persons, firms or corporations to aid and assist the board of assessors in making a cadastral survey and a field book system for real property identification and evaluation. Sec. 67, Act of 1918, amended. The cost of such services, surveys, evaluation and assistance as provided for in Section 67B, and the cost of maintaining the same, as provided for in Section 67B, shall be paid for out of the general funds of the City of Rome. The right of review and appeal shall be the same as defined and provided for in Section 67A, so that said section of said Act when so amended shall read as follows: Section 67 (a). Be it further enacted by the authority aforesaid, that said city commission shall have full power and authority to elect three persons, freeholders, residents and citizens of said city, as city assessors, who shall hold their office for four (4) years, unless removed by the commission for cause. It shall be the duty of said assessors to assess the value of all real estate and personal property at a fair market valuation within the corporate limits of said city, they shall make a return to the city commission of the assessment of real estate by the first day of February in each and every year, and the said commission shall place said assessment so returned in the hands of the secretary of the commission, who shall enter the same in his books with other taxes, and the same shall be collected as other taxes of said city; provided, that parties dissatisfied with the assessment of their property by the tax assessors may have the same reviewed by the assessors, by filing with the secretary an affidavit that the valuation fixed is excessive, and that the property is not worth the amount assessed, and upon said affidavit being filed the assessors can reconsider their assessment, and their report shall be final, unless the party, still being dissatisfied, should appeal to the commission, which said appeal shall be allowed and

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heard only in the manner prescribed as follows, to wit: Any party dissatisfied with the review and report of the assessors as prescribed above may at once file with the secretary of the commission a statement of his objections, with request to be heard by the commission upon the matter complained of. Upon the filing of said statement and request, which shall be addressed to the Rome City Commission, it shall be the duty of the secretary to notify the chairman of the commission, or in his absence or disqualification, the chairman pro tem., who shall call a meeting of the commission at the earliest time practicable, at which meeting of said commission shall be fixed a day and hour not later than the first day of April of each year, at which time all appeals from the assessors herein contemplated must be heard. It shall be the duty of said secretary to give prompt and timely notice of the day and hour fixed for hearing appeals to all parties who have filed their statement and request as aforesaid, as well as to the board of assessors. All appeals from the assessors to the commission shall be heard on the day designated for hearing appeals, unless continued to another time, and the decision of the commission thereon shall be final. Said commission is authorized, however, in its discretion, to employ some person or persons experienced in its business, for the purpose of assisting the assessors in making a fair and impartial survey and assessment of all real estate on the front foot basis, and the improvements to be assessed separately, same to be made at a fair market valuation, and if such survey and assessment is made, the commission may provide that the same may stand for a term of years, subject to such physical changes as may take place, not extending, however, beyond the term for which commission is elected. Any person dissatisfied with the assessment so made may appeal to and have the same reviewed by the commission, upon the same terms and conditions as hereinbefore provided for a review when the assessment is made by the city assessors. After the returns of personal property have been made, it shall be the duty of said assessors to examine same and reassess the property so returned, or assess any property

Page 2350

not returned under such regulations as may be prescribed by the commission and the charter. New section. Section 67 (b). The City Commission of the City of Rome shall be authorized to enter into contracts with firms, individuals or corporations for the employment of persons, firms or corporations, to assist and make recommendations to the Board of Assessors of the City of Rome in the mapping, platting, cataloging, indexing, and appraising of all the taxable property, both real and personal, within said city; and to make recommendations of the evaluation of said taxable property to the city board of assessors; and search out and appraise unreturned properties in said city, subject to approval of said board of assessors and city commission. The city commission may hire persons, firms or corporations to aid and assist the board of assessors in making a cadastral survey and a field book system for real property identification and evaluation. Experts. Surveys. The cost of such services, surveys, evaluation and assistance as provided for in Section 67B, and the cost of maintaining the same, as provided for in Section 67B, shall be paid for out of the general funds of the City of Rome. The right of review and appeal shall be the same as defined and provided for in Section 67A. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came Robert L. Scoggin, who, on oath, says that he is a member of the General Assembly from Floyd County, Georgia, and is the author

Page 2351

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 the 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 18th day of November, 1953. /s/ Robert L. Scoggin. Sworn to and subscribed before me this 18 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Notice of Proposed Local Legislation, 1953 Adjourned Session, General Assembly of Georgia. Notice is hereby given that the 1953 adjourned session of the Georgia General Assembly, local legislation will be proposed amending the Rome city charter for the purpose of providing that the City Commission of Rome, together with the Board of Assessors of the City of Rome shall be authorized to enter into contracts with firms, individuals or corporations for the employment of such persons to assist the said board of assessors in the mapping, platting, cataloging, indexing and appraising of taxable property within the said city, and to make, subject to the approval of said board of assessors and city commissioners, evaluations of taxable property and to search out and appraise unreturned properties in said city. It being the intention to give to the board of assessors acting together with the city commission, the right to hire such persons, firms or corporations to aid and

Page 2352

assist them in making a cadastral survey and a field book system for real property identification and evaluation And to provide further that the cost of the same shall be paid for out of the general funds of the City of Rome. The only charter provisions to be affected by said amendment will be the assessment and returns chapter of the Rome city charter as passed by the General Assembly of Georgia 1918, approved August 19, 1918, Acts 1918, pp. 847-48. City of Rome. By John Yarbrough, Chairman, Rome City Commission. Attested: F. L. Sammons, Secretary, Rome City Commission. Oct. 30; Nov. 6, 13. Approved December 12, 1953. OCONEE JUDICIAL CIRCUITREPORTER'S COMPENSATION. No. 597 (House Bill No. 721). An Act to amend an Act establishing the compensation of the Oconee Judicial Circuit Reporter and define his duties, approved March 6, 1945, by changing the compensation paid to said reporter. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 2 of an Act approved March 6, 1945, fixing and establishing the compensation of the Reporter of the Oconee Judicial Circuit and defining his duties be amended by striking from the ninth line thereof the words two hundred dollars and inserting in lieu thereof

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the words two hundred and seventy-five dollars, and by striking from said section in its entirety the sentence beginning on the ninth line thereof with the words, The same to be paid and concluding on the fourteenth line thereof with the words, ... and Wheeler County $25.00, and substituting in lieu thereof the following sentence: The same to be paid by the treasurer or other officer having in charge the county funds by the counties of the circuit as follows: Bleckley County shall pay $35.00; Dodge County $65.00; Montgomery County $30.00; Pulaski County $35.00; Telfair County $50.00; Treutlen County $30.00; and Wheeler County $30.00, so that said Section 2 as amended, shall read as follows: Be it further enacted by authority aforesaid that for attending the superior courts, for taking down, transcribing and filing the evidence therein in criminal cases, and for taking down and transcribing the evidence in inquests and courts of inquiry and filing same the reporter or stenographic reporter of the circuit shall be paid as hereinafter stated by the counties of the circuit on the first day of each month on order of the judge of the circuit two hundred and seventy-five dollars. The same to be paid by the treasurer or other officer having in charge the county funds by the counties of the circuit as follows: Bleckley County shall pay $35.00; Dodge County $65.00; Montgomery County $30.00; Pulaski County $35.00; Telfair County $50.00; Treutlen County $30.00; and Wheeler County $30.00. Provided the payments aforesaid shall be in lieu of compensation now fixed by law or that may hereinafter be fixed by law for attending the superior courts, inquests and inquiries, and for taking and transcribing the evidence in criminal cases, and in inquests and inquiries, and for filing the same. Section 2. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Notice of Local Legislation. Notice is hereby given that the undersigned intend to

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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 amend an Act establishing the compensation of the Oconee Judicial Circuit Reporter and define his duties, approved March 6, 1945, by changing the compensation paid to said reporter. This the 15 day of September, 1953. Gilbert C. Peacock Representative, Dodge County, Georgia. C. E. Brown Representative, Telfair County, Georgia. C. M. Jordan, Jr. Representative, Wheeler County, Georgia. Hugh Gillis Representative, Treutlen County, Georgia. Henry A. Moses, Jr. Representative, Montgomery County, Georgia. Ben Jessup Representative, Bleckley County, Georgia. J. D. Nelson Representative, Pulaski County, Georgia. Georgia, Dodge County. Personally appeared before me, the undersigned authority, an officer duly authorized to administer oaths in and for said State and county, Gilbert C. Peacock who, on oath, deposes and says that he is the Representative in the General Assembly of the State of Georgia from the County of Dodge, and is the author of the foregoing Act purporting to be an Act to amend an Act establishing the compensation of the Oconee Judicial

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Circuit Reporter and define his duties, approved March 6, 1945, by changing the compensation paid to said reporter; that the attached and foregoing copy of Notice of Local Legislation was published as required by law in the official organs of the counties of Dodge, Bleckley, Pulaski, Telfair, Wheeler, Montgomery and Treutlen as follows, to wit: In The Times-Journal, the official organ of Dodge County, on September 16, 1953; September 23, 1953; September 30, 1953; November 4, 1953 and November 11, 1953. In the Cochran Journal, the official organ of Bleckley County, on September 17, 1953; September 24, 1953; October 1, 1953; November 5, 1953 and November 12, 1953. In the Hawkinsville Dispatch and News, the official organ of Pulaski County, on September 16, 1953; September 23, 1953; September 30, 1953; November 4, 1953 and November 11, 1953. In the Telfair Enterprise, the official organ of Telfair County, on September 17, 1953; September 24, 1953; October 1, 1953; November 5, 1953 and November 12, 1953. In the Wheeler County Eagle, the official organ of Wheeler County, on September 18, 1953; September 25, 1953; October 2, 1953; November 6, 1953 and November 13, 1953. In the Montgomery Monitor, the official organ of Montgomery County, on September 17, 1953; September 24, 1953; October 1, 1953; November 5, 1953 and November 12, 1953. In the Soperton News, the official organ of Treutlen County, on September 17, 1953; September 24, 1953; October 1, 1953; November 5, 1953 and November 12, 1953. /s/ Gilbert C. Peacock Representative, Dodge County, Ga. Sworn to and subscribed before me this 14th day of November, 1953. /s/ D. D. Smith, N. P. Notary Public, Dodge County, Ga. (Seal) Approved December 12, 1953.

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ROME RETIREMENT SYSTEM AMENDED. No. 598 (House Bill No. 840). An Act to amend an Act approved October 16, 1943 (Ga. Laws 1943, pp. 1560-71) as amended by an Act approved February 19, 1945 (Ga. Laws 1945, pp. 683-687) and as amended by an Act approved February 26, 1953, (Ga. Laws 1953, pp. 2685-87) 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 therewith approved August 19, 1918; by providing that city employees covered under the Rome retirement fund shall become subject to being retired upon reaching the age of 65 years and shall be compelled to be retired upon reaching the age of 70 years but providing that members of the fire department and police department shall become subject to being retired upon reaching the age of 60 years and shall be compelled to retire upon reaching the age of 65 years, provided this shall not affect present members of the police department who lack fifteen years or less in qualifying for retirement benefits, but rather such persons shall be considered as other employees for retirement purposes; 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 laws and parts of laws 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: Section 1. Section 11 (b) of an Act approved October 16, 1943 (Ga. Laws 1943, pp. 1560-71) as amended by an Act approved February 19, 1945 (Ga. Laws 1945, pp. 683-87) and as amended by an Act approved February 26, 1953 (Ga. Laws 1953, pp. 2685-87), amending

Page 2357

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 therewith approved August 19, 1918, be and the same is hereby amended by striking Section 11 (b) and Section 11 (c) in their entirety and substituting in lieu thereof the following, numbered as indicated: Sec. 11 (b), Act of 1943 as amended, amended. Section 11 (b). 1. Upon reaching the age of 65 years or more, any person employed by the City of Rome except members of the fire department and police department, shall become subject to being retired by the board of trustees, or a majority of them, in their discretion; but such person may not be so retired if he furnishes sufficient proof of his good health and ability to discharge the duties of his office, the sufficiency of said proof to be determined by the board of trustees. The said board shall compel the retirement of any employee reaching the age of 70 years, except members of the fire department and police department, at the end of the month in which the 70th birthday of said employee is reached. Retirement ages. 2. In the cases of members of the fire department and police department of said city, upon reaching the age of 60 years or more, such person shall become subject to being retired by the board of trustees, or a majority of them, in their discretion; but such person may not be so retired if he furnishes sufficient proof of his good health and ability to discharge the duties of his office, the sufficiency of said proof to be determined by the board of trustees. The said board shall compel the retirement of any member of the fire department and police department reaching the age of 65 years at the end of the month in which the 65th birthday of said employee is reached. Provided, further, however, this section shall not apply to any member of the police department who is now employed by said city and who lacks fifteen years or less in qualifying for benefits under this retirement Act, but rather such persons shall be considered in the

Page 2358

same manner as any other monthly employee of the city as provided in Section 11 (b) 1, next above in the matter of retirement. 3. Provided further, 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 with the City of Rome 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. Section 2. All laws and parts of laws in conflict herewith are hereby expressly repealed. Section 3. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came Robert L. Scoggin, who, on oath, says that he is a member of the General Assembly from Floyd County, Georgia, 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 the period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice is published in said paper is hereto attached and made a

Page 2359

part of said bill; and that said notice was published as provided by law. This 18th day of November, 1953. /s/ Robert L. Scoggin. Sworn to and subscribed before me this 18 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Ga. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Notice of Proposed Local Legislation, 1953 Adjourned Session, General Assembly of Georgia. Notice is hereby given that the 1953 adjourned session of the Georgia General Assembly, local legislation will be proposed amending the Rome city charter for the purpose of providing that upon reaching the age of sixty-five (65) years or more, any person employed by the City of Rome, except members of the fire department and police department, shall become subject to being retired in the discretion of the board of trustees of the Rome retirement fund; but such person may not be so retired if he furnishes sufficient proof of good health and the ability to discharge the duties of his office, the sufficiency of said proof to be determined by the board of trustees; and for the purpose of providing that the said board of trustees shall compel the retirement of any employee of the City of Rome reaching the age of seventy (70) years at the end of the month in which the seventieth birthday of said employee is reached, except members of the fire department and police department. And to further provide, in the case of members of the fire and police department of said city, upon reaching the age of sixty (60) years or more, such person shall become subject to being retired by the board of trustees;

Page 2360

but such person may not be so retired if he furnishes sufficient proof of his good health and ability to discharge the duties of his office, as determined by the board of trustees; the said board shall compel the retirement of any member of the fire department or police department upon reaching the age of sixty-five (65) years. Provided however, this shall not apply to any member of the police department who is now employed by said city and who lacks fifteen (15) years or less, in qualifying for benefits under this retirement Act, but rather such persons shall be considered and treated in the manner as any other monthly employee of the city as in those cases provided next above in the matter of retirement. Provided further 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 (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. The charter provisions to be affected by said proposed legislation are known as the Rome retirement fund, Georgia Laws (Acts 1943, p. 1560 et seq., Acts 1945, p. 683, Acts 1953, p. 2685). City of Rome, By John Yarbrough, Chairman, Rome City Commission. Attested: F. L. Sammons, Secretary, Rome City Commission. Oct. 30; Nov. 6, 13. Approved December 12, 1953.

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ROMERETIREMENT SYSTEM AMENDED. No. 599 (House Bill No. 842). An Act to amend the charter of the City of Rome approved August 19, 1918, as amended by various Acts and especially by Acts approved February 16, 1923 (Ga. Laws, pp. 1560-71) and especially by an Act approved February 25, 1949 (Ga. Laws, pp. 2060-65) so as to give the city commission authority to levy upon the monthly salary of every employee of the City of Rome, whose salary is paid by the month, an assessment of five (5) percentum; and to deduct such assessment each month from the salary of each employee and pay the same to the secretary of the board of trustees created by said Act; to provide that the portion of each salary in excess of two hundred fifty and 00/100 ($250.00) dollars per month shall be exempted from such levy; and, to provide that the City of Rome shall appropriate each month respectively from the general funds of the City of Rome, a sum of money equal to seven (7) percentum of the assessed monthly salaries of the employees affected by this Act and pay the same unto the secretary of said board of trustees; and to repeal all Acts and parts of Acts in conflict herewith. Be it enacted by the General Assembly of Georgia and the same 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 right and powers of the 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, and especially the amendments made by an Act approved February 16, 1943 (Ga. Laws pp. 1560-71) and an amendment made by an Act approved February 25, 1949 (Ga. Laws, pp. 2060-65) be and the same are hereby amended as follows: Section 1. Section 3 of an Act approved February 16,

Page 2362

1943 (Ga. Laws, pp. 1560-71) amending an Act entitled An Act to create a new charter for the City of Rome, and for other purposes, approved August 19, 1918, and as amended by an Act approved February 25, 1949 (Ga. Laws, pp. 2060-65) be and the same is hereby amended by striking said Section 3 as amended, in its entirety and substituting in lieu thereof, the following, From and after January 1st, 1954, the City of Rome, by and through its city commission, shall levy upon the monthly salary of each and every employee of said city whose salary is paid by month, an assessment of an amount of five (5) percentum of such monthly salaries which assessment shall be deducted each month from the salary of each employee and paid to the secretary of the board of trustees created by this Act, and which respective assessment shall represent the amounts paid into said retirement fund by each employee respectively. Provided, however, the portion of any salary in excess of $250.00 per month shall be exempt from such levy; and provided further, that such assessment in no case shall be assessed against the salary of any employee for a longer period of time than twenty-five (25) years. In like manner the City of Rome shall appropriate each month respectively from the general funds of the City of Rome a sum of money equal to seven (7) percentum of the assessed monthly salaries of the employees affected by this Act and pay the same to the secretary of said board of trustees. All payment of money to the secretary of said board of trustees made under the provisions of this Act shall constitute a retirement fund, and the same shall be disbursed as said board of trustees may direct according to the terms and provisions of this Act. Employees making payments as provided to said retirement fund shall never have any greater interest in, or right to payment from, said retirement fund than expressly provided for in this Act, so that said Section 3, as amended, shall read as follows: Section 2. Section 3. From and after January 1st, 1954, the City of Rome, by and through its city commission, shall levy upon the monthly salary of each and every employee of said city whose salary is paid by the

Page 2363

month, an assessment of an amount of five (5) percentum of such monthly salaries which assessment shall be deducted each month from the salary of each employee and paid to the secretary of the board of trustees created by this Act, and which respective assessment shall represent the amounts paid into said retirement fund by each employee respectively. Provided, however, the portion of any salary in excess of $250.00 per month shall be exempt from such levy; and provided further, that such assessment in no case shall be assessed against the salary of any employee for a longer period of time than twenty-five (25) years. In like manner the City of Rome shall appropriate each month respectively from the general funds of the City of Rome a sum of money equal to seven (7) percentum of the assessed monthly salaries of the employees affected by this Act and pay the same to the secretary of said board of trustees. All payments of money to the secretary of said board of trustees made under the provisions of this Act shall constitute a retirement fund, and the same shall be disbursed as said board of trustees may direct according to the terms and provisions of this Act. Employees making payments as provided to said retirement fund shall never have any greater interest in, or right to payment from, said retirement fund than expressly provided for in this Act. Retirement contributions. Section 3. All laws and parts of laws in conflict herewith are hereby expressly repealed. Section 4. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came Robert L. Scoggin, who, on oaths, says that he is a member of the General Assembly from Floyd County, Georgia, 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

Page 2364

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 the 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 this bill; and that said notice was published as provided by law. This 18 day of November, 1953. /s/ Robert L. Scoggin. Sworn to and subscribed before me this 18 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Notice of Proposed Local Legislation, 1953 Adjourned Session, General Assembly of Georgia. Notice is hereby given that the 1953 adjourned session of the Georgia General Assembly, local legislation will be proposed amending the Rome city charter for the purpose of providing that the Rome City Commission shall have the authority to levy upon the monthly salary of every employee of the City of Rome, whose salary is paid by the month an assessment of five (5) percentum; and that the same can be deducted each month from the salary of each employee and paid to the secretary of the board of trustees of the Rome retirement fund; and to provide that that portion of each salary in excess of two hundred fifty and 00/100 ($250.00) dollars per month shall be exempted from such levy; and, to provide that the City of Rome shall appropriate each month respectively from the general funds of the City of Rome, a sum of money amounting to seven (7) percentum of the assessed monthly salaries of the employees affected by this Act and pay the same to the secretary of the said board of trustees of the Rome retirement fund.

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The charter provisions to be affected are known as the Rome Retirement Fund, Georgia Laws (Acts 1943, p. 1560 and Acts 1949, p. 260, et seq.). City of Rome, By John Yarbrough, Secretary, Rome City Commission Chairman, Rome City Commission. Attested: F. L. Sammons Oct. 30; Nov. 6, 13. Approved December 12, 1953. SMYRNARECORDER'S COURT. No. 600 (House Bill No. 857). 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 provide for a recorder's court to replace the mayor's court; to provide for a recorder; to transfer the duties of the mayor with relation to the court, to the recorder; to provide for the compensation of the recorder; to provide that the mayor shall serve in the absence of the recorder, and the mayor pro tem. shall serve in the absence of both; to repeal conflicting laws; and for other purposes. Be 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 striking from Section 34 the words and the mayor's court, so that said section when so amended shall read as follows: Sec. 34, Act of 1931, amended. Section 34. Be it further enacted, that the mayor of

Page 2366

said City of Smyrna shall be its chief executive officer. He shall see that all laws, ordinances, rules, and regulations of said city are faithfully executed, and that all officers of said city faithfully discharge their duties. He shall have general supervision, shall preside at the meetings of city council, and shall have authority to convene the council in extra sessions when he deems it necessary. Mayor. Section 2. Said Act, as amended, is further amended by striking in its entirety Section 35, relating to the mayor's court, and inserting in lieu thereof a new section to read as follows: Sec. 35 amended. Section 35. Be it further enacted, that there is hereby created a recorder's court for the trial of all offenders against the laws and ordinances of said city. Said court shall be presided over by a recorder. 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, to punish for contempt, and to exercise all the powers incidental to a police court. Said court shall have the power to punish all violations of this charter, or of any ordinance of said city, by a fine not to exceed one hundred dollars, by imprisonment in the city jail not to exceed ninety days, or by work on the streets, sidewalks, or public works of said City of Smyrna, not to exceed thirty days, or by one or more or all of these punishments, as the recorder may in his discretion see fit to impose. The fines imposed under this section may be collected by execution against the defendant and against his property. Recorder's court. Section 3. Said Act, as amended, is further amended by adding a new section thereto, to be numbered Section 35 (a), which shall read as follows: Section 35 (a). The mayor and council shall appoint a resident and freeholder of the City of Smyrna to act as recorder of the recorder's court, and shall fix the term of office and compensation of the recorder. In the absence or disqualification of the recorder, the mayor

Page 2367

shall preside over the recorder's court and shall be clothed with all the duties, powers and authority of the recorder which are provided by law. In the absence or disqualification of both the recorder and the mayor, the mayor pro tem. shall preside over the recorder's court and shall be clothed with all the duties, powers and authority of the recorder which are provided by law. Recorder. Section 4. Said Act, as amended, is further amended by striking from Section 36, wherever it appears, the word mayor and inserting in lieu thereof the word recorder, so that Section 36 when so amended shall read as follows: Sec. 36 amended. Section 36. Be it further enacted, that the Recorder of the City of Smyrna shall be ex officio justice of the peace for offenses committed within the limits of said city. Warrants issued by him may be executed by the marshal or police of said city, or by any other officer authorized by law to make an arrest. Offenders so arrested shall be carried before the recorder; and if there is probable cause that any of the penal laws of the State of Georgia have been violated by the person charged, it shall be the duty of the recorder to commit said accused to the jail of Cobb County, Georgia, to answer to the charge in any court of competent jurisdiction; provided, that if said offense is one that is bailable by a justice of the peace, said recorder may admit said accused to bail requiring him to appear before a court of competent jurisdiction for the trial of his offense. Commitments. Section 5. Said Act, as amended, is further amended by striking from Section 38 the word mayor's and inserting in lieu thereof the word recorder's, and by striking the words mayor, or mayor pro tem. and inserting in lieu thereof the word recorder, so that when so amended Section 38 shall read as follows: Sec. 38 amended. Section 38. Be it further enacted, that it shall be lawful for the marshal or policemen of said city to arrest without warrant any person or persons within the corporate

Page 2368

limits of said city who at the time of said arrest, or before that time, have been guilty of violating any of the ordinances of said city, and to hold such persons so arrested until a hearing before the proper officer can be had; and to this end said arresting officers are authorized to imprison such person so arrested in the city jail, or in the jail of Cobb County, Georgia, for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as are 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 any policemen of said city may take bond for the appearance before the proper court of any person or persons arrested by him, if such person be sober, for his or their appearance before the recorder's court for trial; and all such bonds may be forfeited as hereinafter provided for the forfeiture of appearance bonds by the recorder. Arrests. Section 6. Said Act, as amended, is further amended by striking Section 39 in its entirety and inserting in lieu thereof the following: Sec. 39 amended. Section 39. Be it further enacted, that the recorder, when any person or persons are arraigned before the recorder's court charged with the violation of any of the ordinances of said city, may for good cause shown by either side continue the hearings to such times 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 in default of such bond he may be imprisoned to await trial. If such bond be given and the accused fail to appear at the time and place fixed for trial, the bond may be forfeited by the recorder, and an execution issued thereon after serving the defendant, if he be found, and his securities with a rule nisi by the marshal or policemen of said city, or by any other legal officer in said County of Cobb, five days before the hearing of said rule nisi. Appearance bonds. Section 7. Said Act, as amended, is further amended

Page 2369

by striking Section 40 in its entirety and inserting in lieu thereof the following: Sec. 40 amended. Section 40. Be it further enacted, that any person convicted in the recorder's court hall have the right of appeal to the full board of councilmen within two days after conviction, upon giving bond to be fixed by the recorder for his appearance before said board of councilmen; and the right is also given any person to certiorari from a decision of said board of councilmen; provided, the defendant pays the accrued cost in the case and gives bond to abide the final judgment in the case, which bond must be approved by the recorder. When the defendant certioraries as herein provided, the rules governing certiorari from police courts under the laws of the State of Georgia shall govern herein. Appeal and certiorari. Section 8. 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 to amend the charter of the City of Smyrna, as amended, so as to provide for a recorder's court to replace the mayor's court, to provide for a recorder, to transfer the duties of the mayor with relation to the court, to the recorder, to provide for the compensation of the recorder, to provide that the mayor pro tem. shall serve in the absence of both, and for other purposes, was published in the Cobb County Times in its editions of October 29, November 5, and November 12, 1953. T-732 Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the November 1953 session

Page 2370

of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna, so as to provide for a recorder's court to replace the mayor's court; to provide for a recorder; to transfer the duties of the mayor with relation to the court, to the recorder; to provide for the compensation of the recorder; to provide that the mayor shall serve in the absence of both; to repeal conflicting laws; and for other purposes. This 27th day of October, 1953. Harold S. Willingham Representative, Cobb County 10:29; 11:5-12 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 17th day of November, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times Subscribed to and sworn before me, a Notary Public, this 17th day of November, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. Seal affixed. Approved December 12, 1953. GAINESVILLECOMPENSATION OF COMMISSIONERS AND OF MAYOR. No. 601 (House Bill No. 809). An Act to amend the charter of the City of Gainesville as provided by the Acts of the Legislature (Ga. Laws

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1922, p. 834) and as provided by the Georgia Laws of 1949, page 894, by providing that the Commissioners of the City of Gainesville shall receive compensation for their services as such, an amount not exceeding $150.00 per month, and providing that the mayor shall receive compensation as a salary not exceeding the sum of $200.00 per month 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 15 of the charter of the City of Gainesville as contained in the Georgia Law of 1922, page 834, as amended by Section 1 of the Georgia Law of 1949, page 894, shall be further amended by striking therefrom the last sentence of said section and substituting in lieu thereof a new sentence which shall read as follows: That effective January 1st, 1954, and thereafter until changed by law said commissioners shall receive compensation for their services which shall not exceed the sum of $150.00 per month, provided, however, that the mayor shall receive compensation which shall not exceed the sum of $200.00 per month. Section 2. All laws and parts of laws in conflict herewith be and the same hereby are repealed. Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that the undersigned will, at the November session of the General Assembly of Georgia, introduce a bill to amend the charter of the City of Gainesville and Acts amendatory thereof so as to authorize the increased payment of salaries to the city commissioners and mayor of said city; to fix amount of said salaries of said city commissioners and mayor at not more than $150.00 and $200.00 per month respectively; and for other purposes.

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This notice is given in compliance with Sections 2-1915 and 47-801, Ga. Code Ann. /s/ Wm. B. Gunter Wm. B. Gunter, Representative from Hall County Affidavit. William B. Gunter personally appeared before the undersigned officer authorized to administer oaths and after being duly sworn deposes and says: That the attached and foregoing Notice of Intention to Apply for Local Legislation was published in the Gainesville News, 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 (3) weeks during a period of sixty (60) days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponent who is the author 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 Sworn to and subscribed before me this 18 day of November, 1953. /s/ B. C. Gardner Notary Public, Dougherty County, Georgia. Approved December 12, 1953.

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MUSCOGEE COUNTY BOARD OF EDUCATION. No. 602 (House Bill No. 695). An Act to amend the Act of February 25, 1949 (Ga. Laws 1949, p. 1086, et seq.), creating the Muscogee County School District, to provide for the appointment of members of the Muscogee County Board of Education in other months than May when no grand jury is sitting in May; and for other purposes. Whereas, the fourth paragraph of Section 5 of the Act of February 25, 1949 (Ga. Laws 1949, p. 1086, et seq.), creating the Muscogee County School District, provides for the appointment of certain members of the Muscogee County Board of Education by the Muscogee County grand jury in May of each year; and Whereas, the Act of February 6, 1952 (Ga. Laws 1952, p. 34 et seq.), abolished the May term of Muscogee Superior Court and provided for regular terms on the first Monday in February, April, June, August, October and December; and Whereas, the grand jury of Muscogee County, Georgia, will usually not be in session in May: Therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the fourth paragraph of Section 5 of said Act of February 25, 1949, be amended by adding at the end thereof a proviso as follows: Provided, that if the grand jury of said county shall not be in session in May, such appointments may be made by the grand jury of said county in the next month thereafter in which it shall be in session, so that said paragraph, as amended, shall read as follows: In May, 1950, and in May of each year thereafter,

Page 2374

the grand jury of said county shall appoint successors to the members of said board of education whose terms of office will expire on the first Monday in January next ensuing, the term of office of each member so appointed to be five (5) years from the first Monday in said January next ensuing, and until his successor has been appointed and has qualified; Provided, that if the grand jury of said county shall not be in session in May, such appointments may be made by the grand jury of said county in the next month thereafter in which it shall be in session. Appointment of members, when made. Section 2. That the appointments made by the grand jury of Muscogee County, Georgia, to said Muscogee County Board of Education in June, 1953, be, and the same hereby are, ratified and confirmed. Appointments confirmed. Section 3. That all laws and parts of laws in conflict herewith be and they are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to apply at the session of the General Assembly of Georgia convening November 16, 1953, for the passage of a local bill entitled An Act to amend the Act of February 25, 1949 (Ga. Laws 1949, p. 1086, et seq.), creating the Muscogee County School District, to provide for the appointment of members of the Muscogee County Board of Education in months other than May when no grand jury is sitting in May; and for other purposes. This the 5th day of October, 1953. Howell Hollis J. Gordon Young Mac Pickard Affidavit. Georgia, Muscogee County. Personally before me appeared M. R. Ashworth, publisher of the Columbus Ledger, who, on oath, deposes

Page 2375

and says that the attached copy of notice of local legislation has been published as provided by law in said Columbus Ledger, which is the newspaper in which sheriff's advertisements for Muscogee County, Georgia, are published, once a week for three weeks, to wit: October 26, 1953, November 2, 1953, November 9, 1953, during a sixty-day period immediately preceding introduction of said bill in the General Assembly of Georgia. /s/ M. R. Ashworth M. R. Ashworth, Publisher. Sworn to and subscribed before me this 10 day of November, 1953. /s/ H. L. Hollis Notary Public, Muscogee County, Georgia. (Seal) Approved December 12, 1953. FORSYTH COUNTYZONING. No. 603 (House Bill No. 880). An Act to authorize the Board of Commissioners of Roads and Revenues of Forsyth 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 Act 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 authorize the

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board to name a zoning and planning board; to authorize the employment of personnel; to provide for appeal; 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 Revenues of Forsyth County shall have the right to create and establish restricted zones or districts throughout the territorial limits of Forsyth County outside the limits of incorporated towns and municipalities in said county; 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. Districts. Section 2. Said board 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, notice of the proposed action of the board shall be given publication once a week for three weeks in the newspaper wherein the sheriff's advertisements in said county are published, and also by posting a notice in three or more conspicuous places within the area to be included in such zoned or restricted area. Said notice shall contain information as to the street or streets, and road or roads which might be used as zoned boundaries, to be included in the district, and general information as to the nature of the restrictions sought to be imposed, and shall specify

Page 2377

the time and place of the meeting of the board of commissioners or public hearing, at which such proposed action will be considered. At such meeting of the board of commissioners of roads and revenues, or any subsequent meeting to which the matter may be deferred, opportunity for hearing shall be afforded to any one who has an interest or right in the realty to be affected by the proposed zoning regulation. Any order or decision by the board issued after said hearing may be reviewed by writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. Notice of intention to establish. Hearings. Certiorari. 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 board 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 order of said board 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 Forsyth 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. Nuisances. 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. Violations.

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Section 7. The Board of Commissioners of Roads and Revenues of Forsyth 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. 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 Forsyth County, Georgia. Cemeteries, hospitals, etc. Section 9. The 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 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. Change of district boundaries. Section 10. The board is hereby authorized to establish a zoning and planning board to assist in performing the functions of the board of commissioners under this Act. If such zoning and planning board is created, it shall consist of three members to be appointed by the board of commissioners under such rules and regulations as the board of commissioners may prescribe. The board of commissioners is hereby authorized to employ such personnel as the board deems necessary to assist it in the performance of its functions under this Act, and such personnel may include technical experts in the field of zoning and planning. The compensation of such personnel shall be paid from the general funds of Forsyth County. Zoning and planning board.

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Section 11. 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 12. 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., who, on oath, deposes and says: He is Representative from Forsyth County, Georgia, and that the following notice of intention to introduce local legislation affecting Forsyth County was published in 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, once a week for three weeks, to wit: October 15, October 22, and October 29, 1953: Notice of Intention to Introduce Local Legislation Affecting Forsyth County. Notice is hereby given that it is the intention of the undersigned to introduce local legislation or bill at the next November session of the General Assembly of Georgia, to provide that the Board of Commissioners of Roads Revenue of Forsyth County shall have the right to pass and adopt zoning and planning laws, rules, and regulations pursuant thereto, for the use and development of real estate located within said County of Forsyth.

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This 10th day of October 1953. James A. Otwell, Jr. Forsyth County Representative /s/ James A. Otwell, Jr. Sworn to and subscribed before me, this November 20, 1953. /s/ Frank H. Edwards Notary PublicCounty, Ga. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved December 14, 1953. TURNER COUNTY COMMISSIONERSCOMPENSATION AND EXPENSES. No. 604 (House Bill No. 726). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended, particularly by an Act approved August 13, 1931 (Ga. Laws 1931, p. 583), so as to change the compensation of the members of said board and to provide for reimbursement for necessary out-of-county traveling expenses; 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 Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended, particularly by an Act approved August 13, 1931 (Ga. Laws 1931, p. 583), is hereby amended by striking in its entirety Section 6, relating to compensation of the

Page 2381

commissioners, and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Be it further enacted by the authority aforesaid, that the salary of ach member of the said board of commissioners created by said Act shall be, and the same is hereby, fixed at sixty dollars ($60.00) per month for each calendar month served, the same to be due and payable on the first day of each calendar month for the month served immediately preceding, the same to be full compensation for all services rendered during said month by each of the respective members of said board; except, that each member of said board may also be reimbursed out of county funds for all necessary out-of-county traveling expenses incurred by said member in connection with his duties, said reimbursement to be subject to the approval of the full board; and, provided, that it shall be paid only after said account, together with the approval of the full board, is spread upon the minutes of said board. Salaries. Expenses. 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 and in the second session of the 1953 meeting of the General Assembly of the State of Georgia a bill to amend Section 2 of the Turner Commissioners; amending Act, found on page 585, Georgia Laws 1931, so as to provide that the salaries of each of the three Commissioners of Roads and Revenues of Turner County, Georgia, shall be raised to sixty dollars per month, and that they shall receive in addition, reimbursement from the county funds for all necessary out-of-county travelling expenses. T. E. Kennedy, Jr. Floyd Wardlow Members of the General Assembly from Turner County, Georgia.

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Georgia, Turner County. Personally appeared before the undersigned, an officer authorized by law to administer oaths, 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 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 October 22nd and 29th, and November 5th, 1953, respectively. /s/ Nora Lawrence Smith Sworn to and subscribed before me, this the 6th day of November, 1953. /s/ John R. Rogers Notary Public, Georgia State at Large. My com. expires Mar. 21, 1954. Notarial Seal Affixed. Approved December 12, 1953. COFFEE COUNTYCLERICAL ASSISTANCE FOR ORDINARY. No. 605 (House Bill No. 816). An Act to amend an Act creating the office of Commissioner of Roads and Revenue in the County of Coffee approved March 26, 1937 (Ga. Laws 1936, p. 1294), as amended so as to authorize the board of commissioners of roads and revenue to compensate

Page 2383

the office of Ordinary of Coffee County for clerical aid; 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 Revenue in the County of Coffee; to provide for the election of such commissioner; to define his duties and powers and provide for his compensation; to provide a clerk for said commissioner; to provide for the proper supervision of his accounts and the auditing of his books; to provide for the election of two advisors; to define their duties and powers and to provide for their compensation and for other purposes approved March 26, 1937 (Ga. Laws 1937, p. 1294), as amended, is hereby amended by inserting after Section 8 a new paragraph which is number 8-A which shall read as follows: Section 8-A, the Board of Commissioners of Roads and Revenue of Coffee County is hereby entitled to pay to the office of Ordinary of Coffee County a sum not to exceed seventy-five dollars per month for payment of part-time clerical aid. Clerical aid. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Coffee County. Notice is hereby given that at the next session of the General Assembly of Georgia, a bill will be introduced providing for a salary of and not exceeding one hundred and fifty dollars ($150.00) per month to be paid to the Ordinary of Coffee County, Georgia, in addition and as a supplement to the fees received by the ordinary of said county to enable the ordinary to provide a clerk for the office of ordinary of said county.

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Signed this 13th day of October, 1953. Elie Holton. Dewey Hayes. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey Hayes, who, on oath deposes and says that he is Representative from Coffee County attached copy of Notice of Intention to Introduce Local Legislation was published in Coffee County Progress, which is the official organ of Coffee County, on the following dates, October 15, 22 and 29. /s/ Dewey Hayes Representative Coffee County Sworn to and subscribed before me this 16 day of November, 1953. /s/ D. E. Turk Notary Public. Approved December 12, 1953. DOUGHERTY COUNTYTAX RECEIVER'S COMPENSATION. No. 606 (House Bill No. 699). An Act to provide that the Board of Commissioners of Roads and Revenues of Dougherty County may pay additional compensation to the Tax Receiver of Dougherty County; 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 Revenues of Dougherty County may pay the Tax Receiver of Dougherty County two thousand four hundred

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dollars ($2,400.00) per annum as compensation for his services, in addition to the fees now provided by law; provided, however, that the tax receiver shall not receive more than seven thousand five hundred dollars ($7,500.00) per annum from the aggregate of fees as provided by law plus the additional compensation as provided herein minus all operating costs of the tax receiver's office. The board of commissioners of roads and revenues may compensate the tax receiver by any fraction of the two thousand four hundred dollars ($2,400.00) per annum in order to make the total aggregate seven thousand five hundred dollars ($7,500.00) per annum. Compensation. Section 2. 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, B. C. Gardner, Jr., who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of Dougherty County, on the following dates: October 23, 1953, October 30, 1953, and November 6, 1953. /s/ B. C. Gardner, Jr. Representative, Dougherty County. Sworn to and subscribed before me, this 16th November, 1953. /s/ Wm. B. Gunter Notary Public, Hall County, Ga. Notice is hereby given by the undersigned of their intention to introduce local legislation authorizing the Board of Commissioners of Roads and Revenues of Dougherty County, Georgia, to pay up to but not to

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exceed $2400.00 per annum to the Tax Receiver of Dougherty County. Representatives of Dougherty County, Stuart Watson B. C. Gardner, Jr. Oct. 23, 30, Nov. 6. Approved December 12, 1953. ATHENSABSENTEE VOTING. No. 607 (House Bill No. 767). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to provide that the Mayor and Council of the City of Athens shall have authority to prescribe by ordinance a method for casting absentee ballots by qualified voters of the City of Athens in any primary or general election conducted by or for The Mayor and Council of the City of Athens, and the conditions under which such absentee ballots may be cast and counted. Be it enacted by the General Assembly of Georgia and by authority of the same it is hereby enacted as follows: Section 1. The Mayor and Council of the City of Athens shall have the authority to prescribe by ordinance a method for casting absentee ballots by qualified voters of the City of Athens in any primary or general election conducted by The Mayor and Council of the City of Athens; and the conditions under which such absentee ballots may be cast and counted. Absentee voting. Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

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Notice. Notice is hereby given that the undersigned, in response to a request by The Mayor and Council of the City of Athens, intend to apply to the General Assembly of Georgia at the November, 1953, adjourned session thereof for an amendment to the charter of The Mayor and Council of the City of Athens providing that The Mayor and Council of the City of Athens shall have authority to prescribe by ordinance a method for casting absentee ballots by qualified voters of the City of Athens in any primary or general election conducted by or for The Mayor and Council of the City of Athens, and the conditions under which such absentee ballots may be cast and counted. This October 28, 1953. Chappelle Matthews, Robert G. Stephens, Jr., Representatives from Clarke County in the General Assembly of Georgia. O 30, N 6-13. Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation affecting The Mayor and Council of the City of Athens was published in the Athens Banner-Herald on October 30, 1953, November 6, 1953 and November 13, 1953. /s/ E. B. Braswell

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Certified, sworn to and subscribed before me this 14th day of November, 1953. /s/ James Barrow Notary Public. Clarke County, Ga. Notarial Seal Affixed. Approved December 12, 1953. MACON CORPORATE LIMITS EXTENDED. No. 609 (House Bill No. 804). 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 17th, 1914, together with the Acts amending same passed since 1914, with certain changes in said Acts; to consolidate into one Act such changes as may become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; 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 Acts of the General Assembly of Georgia describing the corporate limits of said city: To amend Section 2 of said Act of 1927, as amended by the Acts of the General Assembly of Georgia, appearing in the published Acts of the General Assembly for 1951 on pages 2101 through 2111, both inclusive and for 1953 on pages 2662 through 2670, both inclusive; to add at the end of said Act as amended by said Acts of 1951 and 1953 description of new territory to

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become a part of the City of Macon; 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 same as follows: Section 1. The Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon, and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; 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, re-enacting any section or subsection of said Act or Acts, particularly the Acts 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; and the Act of the General Assembly of Georgia approved February 26, 1953, appearing in the published Acts of the General Assembly of Georgia of the January-February Session of 1953 on pages 2662 through 2670, both inclusive, is further amended by changing Section 2 of said Act of 1927 as amended by said Act of 1951 and said Act of 1953 by adding at the end thereof description of new territory to become and be a part of the City of Macon. Section 2. 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 in its corporate limits: Corporate limits extended. (a) All that tract or parcel of land lying and being

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in the County of Bibb, State of Georgia, and more particularly described as block 29, of Ingleside Estates, according to a plat of record in Plat Book 4, folio 54, and recopied in Plat Book 8, folio 81-B, Clerk's Office, Bibb Superior Court. Description. (b) All that tract or parcel of land lying and being in the County of Bibb, State of Georgia, more particularly described as Lot 1 of Division M of Shirley Hills Addition, according to a plat thereof recorded in the Office of the Clerk of Bibb Superior Court in Plat Book 20, folio 49. Description. (c) All that tract or parcel of land lying and being in the Thirteenth Land District of Bibb County, Georgia, and being a part of the land shown on a plat recorded in the Office of the Clerk of Bibb Superior Court in Plat Book 24, folio 16, and more particularly described as follows: Beginning at a point on the east line of Land Lot Three Hundred Fifty-Seven (357) of said district where the present city limits line corners, said point being approximately one hundred (100) feet north of the line of the right-of-way of Riverside Drive; and from said point of beginning, running thence in an easterly direction along the present city limits line to a point where said line intersects the east line of Southshore Drive as shown on said plat; thence angle left and run in a northerly direction along the east line of Southshore Drive to a wet weather branch which is the boundary line of the Winship Estate property; thence angle left and run in a westerly and northwesterly direction along the said wet weather branch (as shown on said plat) to a point where the same intersects the east line of said Land Lot Three Hundred Fifty-Seven (357); thence angle left and run in a southerly direction along the east line of said land lot to the point of beginning. The north line of the property herein described is the line designated on said plat as the property line. Description. (d) All that tract or parcel of land in Bibb County, Georgia, and more particularly described as follows: Beginning at a point where the present city limits line

Page 2391

intersects the north right-of-way line of a proposed 60-foot road dividing lot #38 of the Wimbish Woods Subdivision and Wimbish Hills Subdivision and running in a westerly direction along the north right-of-way line of the proposed 60-foot road to the southeast side of Wimbish Road; thence in a southwesterly direction along the right-of-way of Wimbish Road approximately 1,222 feet to the line dividing Wimbish Hills Subdivision from the Catron property; thence in an easterly direction along said property line approximately 1,325 feet to the back northeast corner of Catron's property; thence angle right, south 3-33' east 810.3 feet to an angle iron; thence south 88-55' east 1,037.9 feet to concrete monument; thence south 1-22' west 967.9 feet to angle iron; thence south 89-51' east 1,024.4 feet to angle iron; thence south 87-12' east 453.7 feet to railroad iron and the southwest corner of H. J. Burrus property; thence north 0-43' east 766.7 feet to a stone; thence south 89-15' east 1,520.6 feet to a stone on lot line dividing land lot 356 from land lot 363; thence south along said land lot approximately 275 feet to the north side of a 50-foot easement leading to H. J. Burrus property; thence along the north side of 50-foot easement in a northeasterly direction to a point where the extension of the property line of H. J. Burrus and H. S. property would intersect said north side of 50-foot easement; thence along the property line and the extension of said line dividing H. J. Burrus' property from H. S. property in a southeasterly direction to the present city limit line and the Vineville Homes, Inc. property; thence along the present city limit line and the dividing line between the H. S. property and Vineville Homes, Inc. in a southeasterly direction to the southwest side of Riverside Drive; thence northwest along the southwest side of Riverside Drive to a point on the property line dividing Fickling Walker property from H. Lee Johnson's property; thence in a westerly direction along the present city limit line to point of beginning. Description. Section 3. All laws or parts of laws in conflict herewith are hereby repealed.

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Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say: That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill or resolution, 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 9, October 16, and October 23, 1953. /s/ John B. Harris, Jr. John B. Harris, Jr. /s/ Andrew W. McKenna Andrew W. McKenna /s/ Denmark Groover, Jr. Denmark Groover, Jr. Sworn to and subscribed before me this 18th day of November, 1953. Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial Seal Affixed. Georgia, Bibb County. To Whom It May Concern: Notice is hereby given that application will be made to the November 1953 session of the General Assembly of Georgia, for the passage of the following bill, to wit:

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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 17th, 1914, together with the Acts amending same, passed since 1914 with certain changes in said Acts; to consolidate into one Act such changes as may become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes'; 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 Acts of the General Assembly of Georgia describing the corporate limits of said city; to amend Section 2 of said Act of 1927; as amended by the Acts of the General Assembly of Georgia, appearing in the published Acts of the General Assembly for 1951, on pages 2101 through 2111, both inclusive and for 1953 on pages 2662 through 2670, both inclusive; to add at the end of said Act as amended by said Acts of 1951 and 1953 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 III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of Georgia of 1945. This 7th day of October, 1953. E. S. Sell, Jr. City Attorney. Approved December 12, 1953.

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BRUNSWICKACTIONS OF CITY COMMISSIONERS CONFIRMED. No. 610 (House Bill No. 717). An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to certain streets upon its city commission; to ratify and confirm the action of said commission in the closing of certain streets in said city; to ratify and confirm conveyances made by said city of streets and portions of streets closed by said city commission; to ratify and confirm the action of said commission in conveying to the Board of Education of Glynn County, Georgia, for educational purposes, fee simple title to certain portions of Wright Square; to ratify and confirm the election by the Commissioners of the City of Brunswick from its membership the Mayor of the City of Brunswick for the year ending December 31, 1953, and until his successor is elected and qualified; to provide for the election by the Commission of the City of Brunswick, from and after January 1, 1954, of one of the Commissioners of the City of Brunswick as mayor for one year (with the right to succeed himself if reelected) and successors to be elected by the said commissioners for each year thereafter; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, to wit: Section 1. The City of Brunswick acting through its city commission, shall have the right and power to close the following described portion of street in the City of Brunswick, Glynn County, Georgia, identified and described according to the well known maps and plan of said city and according to the map and plan of Maritime Subdivision, made in October 1918, by W. T. McCormick and W. A. Jeter, as that portion of Maritime Avenue lying between the line made by the northerly line of Maritime Subdivision Lot No. 31 if projected easterly

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to the northerly line of Maritime Subdivision Lot No. 26, and the line made by the southerly line of Maritime Subdivision Lot No. 36 if projected easterly to the southerly line of Maritime Subdivision Lot No. 21. The City of Brunswick, acting throught its city commission, is empowered to retain title in itself or to authorize the conveyance of fee simple to the adjoining and abutting property owners of all or any portion of said street described above upon such terms and with such reservations and restrictions, with or without consideration, as said commission in its absolute discretion may deem to be wise and to the best interests of said city. Closing of part of Maritime Avenue authorized. Section 2. The City of Brunswick, acting through its city commission, shall have the right and power (1) To close the following described street or portion of street in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well known maps and plan of said city: Amherst Street from the northerly line of R Street to the southerly line of T street, and (2) To convey to the Board of Education of Glynn County, Georgia, for educational purposes, fee simple title to the said portion of said street, such conveyance to be upon such terms and with such reservations and restrictions, and with or without consideration, as said commission in its absolute discretion may deem to be wise and to the best interests of said city. Amherst Street. Section 3. The City of Brunswick, acting through its city commission, shall have the right and power (1) To close the following described street or portion of street in the City of Brunswick, Glynn County, Georgia, identified and described according to the well known maps and plan of said city: S Street from the easterly line of Albany Street to the westerly line of Cochran Avenue, and (2) To convey to the Board of Education of Glynn County, Georgia, for educational purposes, the fee simple title to the said street, such conveyance to upon such terms and with such reservations and restrictions, and with or without consideration, as said commission in its absolute discretion may deem to be wise and to the best interests of said city. S Street.

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Section 4. There is hereby ratified, approved and confirmed in each and every respect, the action of the Commission of the City of Brunswick, Georgia, taken pursuant to a resolution adopted at a lawful meeting of said commission held on August 27, 1952, in executing and delivering to A. K. McInnis, of Glynn County, Georgia, a quitclaim deed, dated August 27, 1952, recorded in the office of the Clerk of Superior Court of Glynn County, Georgia, in Deed Book 7-C, Page 651, conveying to said McInnis all of said city's rights, title and interest in and to the following described real property in the City of Brunswick, Glynn County, Georgia, to wit: All of Carrie Street and alleys shown on the Torras maps of the City of Brunswick in that block of lots in said city bounded northerly by New Street, easterly by Glynn Avenue, southerly by Kaiser Avenue and westerly by Bedell Street. Land conveyance confirmed. Section 5. There is hereby ratified, approved and confirmed in each and every respect the action of the Commission of the City of Brunswick, Georgia, taken pursuant to resolutions adopted at a lawful meeting of said commission held on December 17, 1952, in closing the following described portions of streets of the City of Brunswick, Glynn County, Georgia as identified and described according to the well known maps and plan of said city, to wit: Wright Square Drive North from the easterly line of Egmont Street to the westerly line of Carpenter Street, and Norwich Street from the northerly line of Wright Square Drive North to the southerly line of Howe Street, and the execution and delivery in the name of the City of Brunswick a deed executed by the mayor and secretary of said city commission to the Board of Education of Glynn County, Georgia, for educational purposes only, the fee simple title to said portions of said streets, without consideration, and with the reservation therein that if said real property conveyed thereby ceases to be used for educational purposes by the Board of Education of Glynn County, Georgia, for a period of one (1) year, the title to the same shall revert to the City of Brunswick, Georgia; and to close the following

Page 2397

described portions of streets in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well known maps and plan of said city, to wit: Carpenter Street from the southerly line of Howe Street south to a point which is a line parallel to and ninety (90) feet northerly from the northerly line of George Street, and Howe Street from the easterly line of Egmont Street to the westerly line of Wolf Street, and the execution and delivery of the deed from the City of Brunswick signed by the mayor and secretary of the city commission in behalf of said city to the Board of Education of Glynn County, Georgia, for educational purposes only, the fee simple title to all of said above described closed portions of streets, without consideration, with the reservation therein that if said real property conveyed thereby ceased to be used for educational purposes by the said Board of Education of Glynn County, Georgia, for a period of one (1) year, the title to the same shall revert to the City of Brunswick, Georgia. Conveyances confirmed. Section 6. There is hereby ratified, approved and confirmed in each and every respect the action of the Commission of the City of Brunswick, Georgia, taken pursuant to resolution adopted at a lawful meeting of said commission held on May 21, 1952, in closing the following described street in the City of Brunswick, Glynn County, Georgia, identified and described according to the well known maps and plan of said city as King Avenue, lying between blocks U and V in Goodyear Park Subdivision, from the southerly line of a seventy (70) foot unnamed street to the northerly line of First Street; and in the City of Brunswick, Georgia, retaining title in fee simple in itself to said portion of said closed street. King Avenue. Section 7. There is hereby ratified, approved and confirmed, in each and every respect, the action of the Commission of the City of Brunswick, Georgia, taken pursuant to a resolution adopted at a lawful meeting of said commission held on May 21, 1952, in closing the following described portion of street in the City of Brunswick,

Page 2398

Glynn County, Georgia, as identified and described according to the well known maps and plan of said city, to wit: Wolf Street from the northern line of Howe Street to the southern line of Mansfield Street, and the execution and delivery in the name of the City of Brunswick, Georgia, of a deed of conveyance signed in behalf of said city by the mayor and secretary of the city commission to the Board of Education of Glynn County to said closed portion of said street, conveying the same to the said Board of Education of Glynn County, Georgia, without consideration, to be used solely for educational purposes, the title to the same to revert to the City of Brunswick, Georgia, whenever said closed portion of said street ceases to be used for educational purposes. Conveyance confirmed. Section 8. There is hereby ratified, approved and confirmed, in each and every respect, the action of the Commission of the City of Brunswick, Georgia, taken pursuant to a resolution adopted at a lawful meeting of said commission, held on May 21, 1952, in executing and delivering to the Board of Education of Glynn County, Georgia, for educational purposes only, fee simple title to all of Wright Square lying north of the northerly line of George Street extended through said square, excepting a strip of land forty-five (45) feet wide across the east side of said square and a like strip across the west side of said square to provide for the continuation of Carpenter Street and Egmont Street, respectively; which deed was made in the name and behalf of the City of Brunswick, Georgia, without consideration and with the reservation therein that if said real property conveyed therein should cease to be used for educational purposes by the said Board of Education of Glynn County, Georgia, for a period of one (1) year, the title to the same should revert to the City of Brunswick, Georgia. Conveyance confirmed. Section 9. There is hereby ratified, approved and confirmed, in each and every respect, the action of the Commission of the City of Brunswick, Georgia, taken pursuant to a resolution adopted at a lawful meeting of said commission held on August 19, 1953, in closing that portion of Lanier Boulevard from Fourth Avenue on the

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north to Albany Street on the west, as shown upon the well known maps and plan of the City of Brunswick, and in executing and conveying by quitclaim deed to the Babock-Wilcox Company, a New Jersey corporation, successors and assigns, that portion of said closed Lanier Boulevard, ninety (90) feet in width from the southerly line of Fourth Avenue, if said southerly line of said avenue were projected in a straight line in an easterly direction across said boulevard on the north to the easterly line of the right-of-way of the main line of Atlantic Coast Line Railroad Company on the west; and in executing and conveying by quitclaim deed to Builder's Supply Corporation, a Georgia corporation, its successors and assigns, the following portion of said closed street, to wit: That portion of Lanier Boulevard (being a ninety (90) foot wide street) lying between the western right-of-way of the Atlantic Coast Line Railroad on the north and east and the northeastern right of way of Albany Street on the west. Conveyances confirmed. Section 10. There is hereby ratified, approved and confirmed, in each and every respect, the action of the Commission of the City of Brunswick, Georgia, taken pursuant to resolutions adopted at a lawful meeting of said commission held on August 19, 1953, in closing the following described streets and in executing and delivering the following described deeds, to wit: Closing that portion of Kaiser Avenue in the City of Brunswick, Glynn County, Georgia, identified and described according to the well known maps and plan of said city, which runs from the public highway from Savannah to Brunswick, sometimes known as U. S. Highway No. 17, on the west, to Beardsley Street, sometimes known as Glynn Avenue, on the east, and that portion of Beardsley Street, sometimes known as Glynn Avenue, which runs from New Street on the north to what would be the northern line of Montpelier Lot No. 20, if said line of said lot should be projected in a straight line in an easterly direction across said street; and in executing and conveying to Seaboard Construction Company, its successors and assigns, by quitclaim deed, the following portion of said Beardsley Street, sometimes known as Glynn Avenue,

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sixty (60) feet in width, which lies between the northern line of Montpelier Lot 25, if said line of said lot should be projected in a straight line in an easterly direction across said street, on the south, and New Street on the north; and in executing and conveying by quitclaim deed to Glynn Concrete Company, its successors and assigns, the following portions of said street, to wit: That portion of Beardsley Street, sometimes known as Glynn Avenue, which lies between what would be the northern line of Montpelier Lot No. 25, if said line of said lot should be projected in a straight line in an easterly direction across said street, on the north, and the northern line of Montpelier Lot No. 20, if said line of said lot should be projected in a straight line in an easterly direction across said street, on the south, and as well that portion of Kaiser Avenue which lies between U. S. Highway No. 17, on the west, and Beardsley Street, known as Glynn Avenue, on the east. Conveyance confirmed. Section 11. There is hereby ratified, approved and confirmed, in each and every respect, the action of the Commission of the City of Brunswick, Georgia, in electing from its membership, the Mayor of the City of Brunswick for the year ending December 31, 1953, until his successor is elected and qualified. Mayor's election confirmed. Section 12. From and after January 1, 1954, the Commission of the City of Brunswick shall at its first meeting and immediately after qualifying, elect one of the commissioners as Mayor of the City of Brunswick, Georgia. The commissioners elected as said mayor shall hold the title of mayor for one (1) year with the right to succeed himself if re-elected, and successors shall be elected by the commission for each year thereafter. Election of mayor. Section 13. All laws and parts of laws in conflict with herewith be, and the same are, hereby repealed. Section 14. Attached hereto and made a part hereof, as required by the Constitution of the State of Georgia, now of force, is the affidavit of authors, Bernard N.

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Nightingale and Charles L. Gowen, from Glynn County, Georgia, to the effect that the said notice for intention to apply for local legislation, copy of which is attached to said affidavit, was published in The Brunswick News, the newspaper in which sheriff's advertisements of Glynn County, Georgia, are published, in which county the City of Brunswick is located, in the issues of said newspaper of October 14, 21 and 28, 1953. State of Georgia, County of Glynn. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Bernard N. Nightingale and Charles L. Gowen, who having been first duly sworn on oath depose and say that they are the authors of the foregoing bill to amend the charter of the City of Brunswick; and that the notice of intention to apply for such local legislation, copy of which is attached below this affidavit, was published in The Brunswick News, a newspaper in which are published the sheriff's advertisements for Glynn County, Georgia (the county in which lies the City of Brunswick), in the issues of said newspaper of October 14, 21 and 28, 1953; and that this affidavit is made by the undersigned as required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, ratified August 7, 1945. /s/ Bernard N. Nightingale /s/ Chas. L. Gowen Sworn to and subscribed before me this 16 day of November, 1953. /s/ C. W. Worrill Justice Supreme Court of Ga. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the adjourned session of the General Assembly of Georgia, which reconvenes on November 16, 1953, a local bill to be entitled: An Act entitled an Act to amend the

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charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to certain streets upon its city commission; to ratify and confirm the action of said commission in the closing of certain streets in said city; to ratify and confirm conveyances made by said city of streets and portions of streets closed by said city commission; to ratify and confirm the action of said commission in conveying to the Board of Education of Glynn County Georgia, for educational purposes, fee simple title to certain portions of Wright Square; to ratify and confirm the election by the Commissioners of the City of Brunswick from its membership the Mayor of the City of Brunswick for the year ending December 31, 1953, and until his successor is elected and qualified; to provide for the election by the Commission of the City of Brunswick, from and after January 1, 1954, of one of the Commissioners of the City of Brunswick as Mayor for one year (with the right to succeed himself if relected) and successors to be elected by the said commissioners for each year thereafter; and for other purposes. This October 12, 1953. Charles L. Gowen, B. N. Nightingale, Representatives of Glynn County, Georgia. 10/14-21-28 Approved December 12, 1953. ALBANY CITY COURTPRE-TRIAL CONFERENCES. No. 611 (House Bill No. 786). An Act to amend Section 14 of an Act entitled an Act to establish the City Court of Albany in and for the County of Dougherty, approved December 16, 1897

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(Ga. Laws 1897, pp. 408-412) and the several Acts amendatory thereof, more specifically Section 7 of an Act approved August 20, 1906 (Ga. Laws 1906, pp. 147-149), so as to provide for pre-trial conferences in said court; to provide a method for formulating issues and for the simplification of issues in cases pending for trial; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 14 of an Act entitled an Act to establish the City Court of Albany in and for the County of Dougherty, approved December 16, 1897 (Ga. Laws 1897, pp. 408-412) and the several Acts amendatory thereof, more specially Section 7 of an Act approved August 20, 1906 (Ga. Laws 1906, pp. 147-149), is hereby amended by adding to said section two subsections to read as follows: Sec. 7, Act of 1906, amended. (b) In any civil action in said court, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider, (1) The simplication of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; Pre-trial conferences. (4) The limitation of the number of expert witnesses; (5) Such other matters as may aid in the disposition of the action. (c) 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

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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 the calendar to jury actions or to non-jury actions or extend it to all actions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia for the passage of a bill to provide for pre-trial conferences in civil actions in the City Court of Albany. G. Stuart Watson. B. C. Gardner, Jr. Georgia, Fulton County. The undersigned does hereby certify that an exact copy of the above and foregoing notice was published in the Albany Herald, a newspaper in which sheriff's advertisements for the locality affected by this bill are published as required by law for local legislation, and that said notice was published in the Albany Herald on the following dates: October 28, November 4, November 11, 1953. /s/ G. Stuart Watson G. Stuart Watson Sworn to and subscribed before me, this the 17 day of November, 1953. /s/ Andrew W. McKenna Notary Public, Bibb County, Ga. Approved December 12, 1953.

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DECATUR COUNTY COMMISSIONERSFINANCIAL STATEMENTS. No. 612 (House Bill No. 704). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues of the County of Decatur, State of Georgia; to provide for the election, qualification, and terms of office of the members thereof; to prescribe their powers, duties, qualifications, and compensation; and for other purposes., approved March 4, 1935 (Ga. Laws 1935, p. 630), as amended, to make it mandatory for the Commissioners of Roads and Revenues of Decatur County to publish a monthly list of receipts and expenditures; to make it a misdemeanor for those responsible for failure to publish said list; to add a new section; 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 of the County of Decatur, State of Georgia; to provide for the election, qualification, and terms of office of the members thereof; to prescribe their powers, duties, qualifications, and compensation; and for other purposes., approved March 4, 1935 (Ga. Laws 1935, p. 630), as amended, is hereby amended by adding a new section, which shall be known as Section 9 A and which shall read as follows: Section 9 A. The Commissioners of Roads and Revenues of Decatur County shall publish in the official organ of Decatur County a monthly list of all moneys received and paid out showing from what source each amount has been received and to whom each amount has been paid. If the amount received or paid is to an agent, the list must show the person for whom the agent is acting. It shall be a misdemeanor for failure to publish said list as set out herein; provided, however, that only the commissioners

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who repress the publication of said list shall be guilty of and punished for said misdemeanor. No commissioner who votes to publish the required list shall be guilty of said misdemeanor. List of receipts and payments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. State of Georgia, County of Decatur. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which will convene on November 16, 1953, for the passage and approval of a bill entitled as follows: A bill to be entitled an Act to amend an Act entitled, `An Act to create a Board of Commissioners of Roads and Revenues of the County of Decatur, State of Georgia; to provide for the election, qualification, and terms of office of the members thereof; to prescribe their powers, duties, qualifications, and compensation; and for other purposes.', approved March 4, 1935 (Ga. Laws 1935, p. 630), as amended, to make it mandatory for the Commissioners of Roads and Revenues of Decatur County to publish a monthly list of receipts and expenditures; to make it a misdemeanor for those responsible for failure to publish said list; to add a new section; to repeal conflicting laws; and for other purposes. This 26th day of October, 1953. /s/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Representatives of Decatur County, Georgia. Georgia, Decatur County. Personally appeared before the undersigned officer

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duly authorized to administer oaths, R. A. Griffin who, first being duly sworn, deposes and says that he is managing editor of the Post Searchlight, the official organ of Decatur County, Georgia, and that on October 29, November 5 and November 12, 1953, there appeared in the said Post Searchlight, a copy of which is attached hereto, notice by H. Carl Cloud and J. Willis Conger of an intent to introduce local legislation which would make it mandatory for the Commissioners of Roads and Revenues of Decatur County, Georgia, to publish a monthly list of receipts and expenditures and to make the failure to do same a misdemeanor, to repeal conflicting laws and for other purposes. This the 13th day of November, 1953. /s/ R. A. Griffin R. A. Griffin, Managing Editor Post Searchlight Sworn to and subscribed before me, this 13th day of November, 1953. /s/ Jean S. Segler Notary Public, Georgia. My commission expires Oct. 5, 1955. Notarial Seal Affixed. Approved December 12, 1953. CORDELE CORPORATE LIMITS. No. 613 (House Bill No. 729). An Act to amend an Act creating a new charter for the City of Cordele, Georgia, approved August 15, 1922 (Ga. Laws 1922, p. 680), and the several Acts amendatory thereof, more particularly an Act approved March 15, 1937 (Ga. Laws 1937, p. 1704), by amending Section 2 of said Act, as amended, by enlarging the corporate

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limits of said city; by providing that this Act shall not become effective until approved by a majority of the qualified voters voting in the area to be taken in, and by a majority of the qualified voters voting in the present corporate limits thereof; to provide for the holding of separate elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 2 of an Act approved August 15, 1922 (Ga. Laws 1922, p. 680, 681-682), relating to the corporate limits of Cordele, Georgia, as amended by an Act approved March 15, 1937 (Ga. Laws 1937, p. 1704), is hereby amended by striking said Section 2 in its entirety, as amended, and substituting in lieu thereof the following: The said corporate limits of Cordele shall include the following described territory: The whole of Land Lots Numbers 199, 200, 201, 202, 203, 214, 215, 216, 217, 218, 231, 232, 233, 234, 235, 246, 247, 248, 249, and 250 in the Tenth (10th) Land District of Crisp County, Georgia; also the South 1690 feet of Land Lot Number 6, the whole of Land Lots Numbers 7, 8, 9, 10 and the North 1784 feet of Land Lot Number 11, all of said Land Lots lying and being in the Eleventh (11th) Land District of Crisp County, Georgia. Corporate limits. Section 2. It shall be the duty of the Ordinary of Crisp County, Georgia, to call a referendum election which call shall be within 120 days after the approval of this Act, and which election shall be held during the year 1954 to determine whether the voters qualified under the provisions of this Act favor annexation of said territory. During the four weeks immediately preceding the election notice of said election shall be published once a week in the daily newspaper published in the City of Cordele and in the newspaper in which sheriff's advertisements for Crisp County appear. The notice shall set forth the date of the election, the location of the polling

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places, the hours for voting, and a brief statement of the issues to be determined by the election. A description of the territory proposed to be annexed shall be set forth in said notice. A certified copy of this Act shall be kept on file in the office of the ordinary, and shall be subject to inspection by the public during regular office hours for a period of thirty days prior to the date of the election. Referendum. Section 3. All persons who are residents of the territory proposed to be annexed at the time of the election shall be qualified to vote in said election and all persons who own any interest in real property (other than as security for a debt) in the territory proposed to be annexed at the time of the election shall be qualified to vote in said election; provided, however, as an additional qualification each voter must be registered and qualified to vote for members of the General Assembly of Georgia. Before voting each voter shall be required to subscribe to an oath that he comes within the terms of the qualifications set forth above. Qualified voters. (Annexed territory). Section 4. The registrars of the county shall meet and certify a list of all qualified voters residing in the territory so proposed to be annexed and qualified voters who own property therein, and only those whose names appear upon such list shall be eligible to vote in such election. List. Section 5. Any person who shall swear falsely that he is qualified to vote in said election or who shall vote in said election without the proper qualifications prescribed in this Act, or who shall cast more than one ballot, shall be punished as for a misdemeanor. Illegal voting. Section 6. The ballots shall show the purpose of this election by brief reference to this Act and shall have printed thereon the words For Annexation and Against Annexation. Voters favoring annexation shall mark out or cancel the words Against Annexation. The voters opposing annexation shall mark out or cancel the words For Annexation. Ballots.

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Section 7. The ordinary shall provide as many polling places as shall be required to handle the voting. He shall appoint three managers to supervise the election and shall employ such other personnel as shall be required. The managers shall be sworn by the ordinary to faithfully manage such election. Voting booths shall be used at each polling place, and the laws and regulations applicable to special elections, where not in conflict with the specific provisions of this Act, shall apply to said election. Polling places. Section 8. The polls shall be open during the hours of 7:00 o'clock A. M. to 6:00 o'clock P. M. in accordance with the time in effect in the State of Georgia on the day of the election. Immediately upon the closing of the polls the managers shall count the ballots cast at the election, and shall deliver to the ordinary the sealed ballot boxes, ballots, tally sheets and list of voters. At or before noon of the day following such election, the managers shall certify the results of the election to the ordinary. As soon as practicable thereafter the ordinary shall declare the results of the election in writing to the City Commission of the City of Cordele. Hours. Results. Section 9. The City Commission of the City of Cordele shall call an election of the qualified voters of the City of Cordele which election shall be held on the same day as the aforesaid election to determine whether the voters of the City of Cordele favor the annexation of such territory. The call for such election shall be published once a week during the four weeks immediately preceding the election, in the daily newspaper published in the City of Cordele and in the paper in which sheriff's advertisements for Crisp County appear. Referendum. (Present territory). Section 10. All citizens in the City of Cordele qualified to vote for members of the General Assembly and under the laws of the City of Cordele pertaining to municipal elections and municipal voting shall be qualified to vote in said election. Voters. Section 11. The ballots shall show the purpose of

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the election by brief reference to this Act and shall have printed thereon the words For Annexation and Against Annexation. Voters of the City of Cordele favoring annexation shall mark out or cancel the words Against Annexation. The voters opposing annexation shall mark out or cancel the words For Annexation. The election shall be governed by the laws pertaining to elections in the City of Cordele. The City Commission of the City of Cordele shall declare the results of the elections. Ballots. Section 12. If both of the aforesaid elections are in favor of incorporating such additional territory into the City of Cordele such annexed territory shall immediately become a part of the City of Cordele and the City Commission of the City of Cordele shall certify to the Secretary of State the new corporate limits of the municipality and all courts shall take judicial notice thereof. Section 13. Costs of both of the aforesaid elections shall be paid by the City of Cordele. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. Georgia, Crisp County. Personally appeared before me the undersigned officer duly authorized to administer oaths in said State and county, E. W. Mathews who, first being duly sworn, deposes and says on oath that he is editor and publisher of the Cordele Dispatch, the official newspaper in which the sheriff's advertisements in and for said county are published and all legal publications had, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch once a week for three weeks, said dates of publication being October 23, 1953, October 30, 1953, and November 6, 1953, all as provided by the laws of Georgia. /s/ E. W. Mathews (E. W. Mathews)

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Sworn to and subscribed before me this 13th day of November, 1953. /s/ H. H. Parker Notary Public. Notary Public, Crisp County, Georgia. My commission expires Nov. 20th, 1955. Notarial Seal Affixed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the unanimous request of the Cordele City Commission I will introduce a local bill in the 1953 special session of the General Assembly of Georgia which session begins on November 16, 1953, the title to such bill to be as follows: To be entitled an Act to amend an Act creating a new charter for the City of Cordele, Georgia, approved August 15, 1922 (Ga. Laws 1922, p. 680), and the several Acts amendatory thereof, more particularly an Act approved March 15, 1937 (Ga. Laws 1937, p. 1704), by amending Section 2 of said Act, as amended, by enlarging the corporate limits of said city; by providing that this Act shall not become effective until approved by a majority of the qualified voters voting in the area to be taken in, and by a majority of the qualified voters voting in the present corporate limits thereof; to provide for the holding of separate elections; to repeal conflicting laws; and for other purposes. October 21, 1953. /s/ Palmer H. Greene Representative, Crisp County Approved December 12, 1953.

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WHIGHAM CHARTER. No. 614 (House Bill No. 926). An Act to incorporate the City of Whigham in the County of Grady and State of Georgia and to supersede and repeal the Act of 1896, pages 261 to 266, both inclusive, and all Acts amendatory thereto relating to the Town of Whigham; to create a new charter for the City of Whigham; to define the territorial limits of said city; to provide a municipal government therefor; to provide for the powers thereof; to provide for a mayor and council and to define their powers and duties; to define the special powers and duties of the mayor; to provide for elections of the mayor and councilmen, define their qualifications, and to declare the manner and form in which they shall be elected and qualified, as well as provide for their terms of office, meetings and methods of appointing and electing officers and employees of said city, and the method and manner of filling vacancies; to provide and fix the qualifications of voters in said city; to provide a method of registration thereof and to provide the manner in which all municipal elections shall be held and the results determined; to provide for the assessment, levy and collection of an ad valorem tax, limiting the rate, and providing a method of appeal and arbitration from tax assessors' decision; to provide for power and authority to levy and collect licenses, specific, occupation and excise taxes from any or all kinds of business, trades, professions, vocations and other things in said city as well as provide for a revocation of any license or permit in event operations should violate valid regulations of the city governing the same or become a nuisance or be dangerous and injurious to the health or morals of the people of the City of Whigham; to provide for a mayor's court, its officers, jurisdictional limits, issuance of summons or warrants, subpeonas for witnesses, trials, punishments, appeals and certiorari therefrom, appearance bonds and forfeitures; to provide for the appointment of a clerk-treasurer, chief of police, policemen, city attorney, health

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officer, and other officers and employees, define their duties and powers, and provide for salary and compensation of officers and employees of said city; to provide for the working, maintenance and extension of the streets, alleys, squares, parks, cemeteries, and public buildings of said city; to authorize the mayor and council to construct, operate, control, maintain and extend an electric light and power plant or system, waterworks plant or system, gas plant or system, and sewerage disposal plant or system, and the manner of doing same; to provide for the right to condemn property, either within or without the limits of said city for public purposes or for any other purpose for which the city is authorized to exercise the right of eminent domain either under this Act or the general laws of Georgia; to provide for donating money for charitable or specific purposes; to provide for collection of debts due the city by execution, levy and sale of property; to provide for the issuance of bonds and the borrowing of money and selling of revenue certificates for public purposes; to provide and regulate fire, sanitary and public protection; to provide for the preservation and promotion of the public welfare, and the peace and safety of the community and for all other matters necessary and desirable for the general welfare of said city or its inhabitants; and to provide for all other necessary purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That the City of Whigham, in Grady County, Georgia, be and the same is hereby incorporated as a city under the name and style of the City of Whigham. Incorporation. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said City of Whigham shall extend one-half mile north, east, south and west in the shape and form of a square, the center of the four sides of which shall be respectively one-half

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mile north, east, south and west from the point of intersection where the center lines of State Highway No. 38 and State Highway No. 179 intersect at the present time. Corporate limits. Section 3. Be it further enacted by the authority aforesaid, as follows: (a) The inhabitants of the territory above set forth as the City of Whigham shall be a body politic and corporate under the name and style of the City of Whigham, with powers to govern themselves by such ordinances, resolutions, rules, bylaws, or regulations for municipal purposes as they may deem proper, not in conflict with this charter or the Constitution and laws of the State of Georgia or of the United States of America; said body politic or municipal corporation shall have full power in and by its said corporate name to contract and be contracted with; to sue and be sued; to plead and be impleaded in the courts of Georgia or of the United States of America; to purchase, hold, receive, enjoy, possess and retain for the use and benefit of said City of Whigham or the inhabitants thereof, in perpetuity or for any term, any estate, real or personal, or lands, tenements or hereditaments of any kind within or without the limits of said city for corporate purposes; to use, manage, improve, sell, convey, rent or lease any such estate or property; to have and use a common seal; and to perform all acts necessary or incidental to its corporate existence or capacity; to issue and sell revenue-anticipation certificates for any or all purposes now or hereafter authorized by the laws of this State; provided, however, that no valid contract or right vested under and by virtue of any prior acts and doings of the Mayor and Council of the old Town of Whigham or the former City of Whigham shall be affected by this Act in granting and establishing a new charter for said City of Whigham. Corporate powers. (b) That the government, supervision, powers and control of said City of Whigham shall be vested in a mayor and five councilmen, who shall be elected from the city at large in the manner hereinafter provided;

Page 2416

and, the terms of their respective offices shall be for a period of two years. Mayor and Councilmen. (c) The present mayor and councilmen to wit: H. F. Smith, as mayor, and 1. J. H. Autry, 2. Luther Harden, 3. Wendell Larkins, 4. N. Z. Trulock; and 5. Jeff Davis, as councilmen, be and they are hereby made the Mayor and Councilmen of the City of Whigham and they shall continue in office until the first Tuesday in September of 1954 and until their successors are elected and have qualified; and, said mayor and councilmen and their successors in office shall have and exercise all of the rights, powers, privileges and duties conferred herein on the mayor and councilmen of the City of Whigham as created by this Act. Incumbents. (d) The mayor and councilmen of the City of Whigham shall constitute the governing authority of said city and they shall have full power and authority, from time to time, to make and pass such laws, ordinances, rules, orders, regulations and resolutions as in their judgment and the exercise of their discretion they deem proper, right or necessary to preserve, protect, and promote the peace, good order, safety, health, security, morality, comfort, convenience and general welfare of said city and its inhabitants, so long as any such action on the part of the mayor and council is not prohibited by the Constitutions and laws of the State of Georgia or of the United States of America. Their general powers. (e) The mayor and councilmen of said city shall have the power and authority to borrow money by making a temporary loan or loans to supply casual deficiencies of revenue in an amount not to exceed the anticipated revenue of said city, according to the assessed value of the taxable property therein during any one year. Loans. (f) The mayor and at least three councilmen shall constitute a quorum for the transaction of any business of said city, and the majority of votes cast shall determine all questions before the governing authority. The

Page 2417

mayor, or mayor pro tem. if he is presiding, shall vote only in case of a tie. Quorum. (g) The mayor and council shall hold regular meetings on the first Wednesday of each calendar month, at fixed hours, in the city hall of said city; provided, however, the date of regular monthly meetings can be changed by appropriate action of the mayor and council and by posting a notice on the bulletin board in front of the city hall advising the general public of any such change. Meetings. (h) The mayor and council may hold special meetings to be called by the mayor or the mayor pro tem., in the absence of the mayor, or if three or more councilmen request the mayor in writing a special meeting must be called, and it shall be mandatory upon the mayor or mayor pro tem. in the absence of the mayor to comply with such request. Notice of all special meetings of city council shall be given each councilman when said officer is in said city and can be located at least twenty-four (24) hours before such specially called meeting shall be assembled; provided, however, special meetings of the city council may be held at any time, without prior notice, if the mayor and all councilmen are present and consent to such a special meeting by participating therein. Special meetings. (i) All meetings of city council shall be public and the public shall be allowed at all times to witness and hear the deliberations of city council, except when the city council resolves itself by a majority vote into executive session and in that event the public shall be excluded. Section 4. Be it further enacted by the authority aforesaid, that the next general election for the mayor and councilmen shall be held on the first Tuesday in September, 1954 at which time a mayor and five councilmen shall be elected to take office on Wednesday immediately following such election; and, a general election shall be held for the election for a mayor and councilmen on every first Tuesday in September thereafter bienially

Page 2418

and such elected officials shall take office immediately thereafter on the Wednesday following the date of their election. Their election. Section 5. Be it further enacted by the authority aforesaid, as follows: Any citizen of Whigham shall be eligible for the office of mayor, or councilman, who is a freeholder and has resided in said State for two years and in said city twelve months immediately proceding the election; provided, he has not been convicted of any crime involving moral turpitude unless such person shall have been pardoned. He must be over twenty-one years of age, reside within the corporate limits of said city when he becomes a candidate for office, and remain a citizen and resident of said city during his term of office. Qualifications. Section 6. Be it further enacted by the authority aforesaid, that in the event any vacancy in the office of mayor and councilmen be created by death, insanity, resignation, or otherwise, then the remaining councilmen shall have power and authority to fill such vacancy by appointment for the unexpired term. Vacancies. Section 7. Be it further enacted by the authority aforesaid, that the mayor or any councilman of the City of Whigham may be impeached, if, while in office, (1) any such officer shall be convicted by a court of competent jurisdiction of any crime involving moral turpitude, or (2) shall be guilty of malpractice and wilful neglect in office, or (3) be guilty of an abuse of power conferred upon him, or (4) be guilty of conduct of such nature as to seriously detract from the dignity of his office; and not less than four of the five councilmen (in the case of the mayor), or the mayor and at least three of the councilmen (in the case of a councilman) shall be authorized to prefer impeachment charges in writing against the mayor or the accused councilman, as the case may be, and after causing the chief of police or other police officer of said city to serve the accused official with at least ten days' notice of the time and place of hearing, said notice to be accompanied by a copy of the charges, they shall proceed at the time and place

Page 2419

set for hearing, to conduct an impeachment trial or proceeding, at which all parties, both the accusers and the accused and their respective witnesses, shall have an opportunity to testify under oath and to submit such evidence as the impeachment court may decide to hear and consider. In the event of a conviction, the judgment shall be final and from which there shall be no appeal, and the accused shall stand impeached; and such office shall stand vacant until filled by an appointment to be made in the same manner as provided in other cases of vacancy; provided, however, that the mayor shall not stand legally impeached under this section without the affirmative vote of at least four councilmen, and that a councilman shall not stand impeached hereunder without the affirmative vote of the mayor and at least three councilmen. Impeachment. Section 8. Be it further enacted by the authority aforesaid as follows: (a) The mayor and councilmen shall require the city clerk to keep a book to be known as The Permanent Registration Book of the Voters of the City in which the voters of said city shall sign said book under an oath containing therein substantially the following: I do solemnly swear that I am a citizen of the United States, and have resided and had my domicile in the State of Georgia for one year and in the County of Grady for six months, and in the City of Whigham for three months next preceding the date of the next general election, and that I am registered and qualified to vote for the members of the General Assembly of the State of Georgia. So help me God. No person not so registered shall be allowed to vote in any election in the City of Whigham. Registration of voters. (b) It shall be the duty of the city clerk to open said permanent registration book twenty (20) days preceding any election during such reasonable hours as may be prescribed by the mayor and councilmen, to enable the voters of said city to register therein; provided that no person registering therein shall be required to again register as a qualified voter of said city so long as he

Page 2420

remains a resident of said city, and does not disqualify himself by some method prescribed in this Act. (c) When any general or special election is to be held in said city, it shall be the duty of the clerk of the City of Whigham to close said registration book seven (7) days before said election and turn over same to the mayor and council who shall appoint three freeholders which shall constitute a board of registrars whose duty it shall be to make from said books a list of voters for such election; and in making said list the registrars shall exclude the names of all persons on the registration list who registered less than one week before said election as well as those who have died, moved from the city limits, or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the superintendent and managers or clerks of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted by accident or mistake. The mayor and councilmen shall pay the registrars the sum of five ($5.00) dollars per day for their services in preparing the list. Voters' list. (d) Every person who shall have attained the age of 18 years and who is a citizen of the United States, and who shall have resided and had his domicile in the State of Georgia for one year and in the County of Grady for six months, and in the City of Whigham for three months next preceding the date of election, and who shall have otherwise qualified to vote for members of the General Assembly of the State of Georgia, and who have registered with the city board of registrars at the office of the clerk of the City of Whigham, as required by law, shall be qualified to vote at any election held by said City of Whigham, provided they have not become disfranchised or disqualified by removal from said city or by reason of conviction in any court of competent jurisdiction of treason against the State, embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable

Page 2421

by the laws of this State with imprisonment in the penitentiary, unless such person shall have been pardoned, or by reason of having become insane. Qualifications of voters. (e) If any person offering to vote at any election in the City of Whigham is challenged he or she as the case may be shall take the following oath: I do solemnly swear (or affirm) that I am 18 years of age; that I am a citizen of the United States; that I have resided in and had my domicile in the State of Georgia for one year and in the County of Grady for six months and in the City of Whigham for three months immediately preceding this election; that I have registered according to law, and am otherwise qualified to vote for members of the General Assembly of Georgia; that I have not voted in this election. So help me God. And no person challenged shall be allowed to vote if he or she refuses to take said oath. Any person voting illegally in any election in the City of Whigham shall be liable to the same penalties prescribed by the laws of the State of Georgia for illegal voting in the State and county elections, and may be prosecuted for the same in the Superior Court of Grady County. Challenges. Illegal voting. Section 9. Be it further enacted by the authority aforesaid as follows: (a) All persons desiring to qualify as candidates to the office of mayor or for membership on the city council shall file a written notice of their intention to run for such office with the city clerk at least seven (7) days in advance of any election to be held for the purpose of electing a mayor and councilmen, and such notice of intention shall be signed by the candidate and shall state the office to which he seeks election. Qualification as candidate for office. (b) All elections, general and special, or an election upon any question to be submitted to the voters of said city shall be held by one superintendent, two assistant managers or clerks, and a policeman or freeholder who shall act as doorkeeper, all of whom shall be citizens and freeholders of said city except in the case of the door-keeper

Page 2422

which can be any policeman employed by the authorities of the city. The superintendent, two assistant managers or clerks, and doorkeeper shall be appointed by the mayor and council, and all elections must be held at the city hall or in the building in which the city hall shall be located. Elections shall be conducted as nearly as practicable as elections for the members of the General Assembly are conducted; however, the polls at all elections, either general or special, shall be opened at eight o'clock, A. M. and shall be closed at six o'clock, P. M. The superintendent and his assistants shall, before proceeding with any election, take and subscribe the following oath: We, the undersigned, do solemnly swear that we are qualified to hold this day's election according to the charter of the City of Whigham; that we will faithfully superintend and conduct said election and make a just and true return thereof; we will not knowingly permit anyone to vote unless we believe that he or she is justly entitled to vote; and, we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law. So help us God. Said affidavit shall be signed by the superintendent and each manager in the capacity of which he or she acts. The superintendent and his assistants shall receive the sum of five ($5.00) dollars each for their services. Conduct of elections. (c) No ballot shall be counted until the polls are closed. All tally sheets, voters' list and other records, together with the ballots shall be sealed or locked into the ballot box and delivered to the clerk of said city to be held intact for thirty (30) days, and then they are to be destroyed by the city council. (d) The candidate for mayor who receives the greatest number of votes shall be declared elected. The five (5) candidates for councilmen who receive the greatest number of votes, at any general election shall be declared elected. (e) Results of elections shall be certified to the mayor and council and entered on the minutes of the city at their next regular or at a special meeting to be held immediately

Page 2423

by said mayor and council following the date of the election. Section 10. Be it further enacted by the authority as aforesaid, as follows: (a) The mayor of said city shall be the chief executive officer of the City of Whigham and shall see that all laws, ordinances, resolutions, and rules of said city are faithfully and fully executed and enforced, and that all officers of said city faithfully discharge the duties required of them. The mayor shall have general supervision and jurisdiction of the affairs of said city; shall preside at all meetings of the city council; and shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by council, if in his judgment such ordinance, rule, resolution or regulation is not for the best interest of said city. In the event of a veto, then such ordinance, resolution or regulation shall not be valid unless passed at a subsequent regular meeting of the mayor and council as hereinafter provided. Mayor's powers and duties. (b) The mayor and each member of the council, before entering upon the duties of his or their office, shall take and subscribe to the following general oath: I do solemnly swear (or affirm) that I will, to the best of my ability, perform the duties of mayor (or councilman as the case may be) of the City of Whigham faithfully and impartially, and without fear, favor or affection. So help me God. The foregoing oath shall be deemed sufficient and adequate for any city official. Oath of mayor and councilmen. (c) The mayor or the mayor pro tem., when either the mayor pro tem. or any councilmen is acting as mayor in case of disqualification or absence of the mayor and mayor pro tem., shall have the right to remit or reduce fines and to release any person or persons imprisoned by the city or serving under sentence imposed by a city official and to commute the sentence. Remittance or reduction of fines, etc. Section 11. Be it further enacted by the authority aforesaid as follows:

Page 2424

That the mayor and council at the first regular meeting following each general election, or as soon as convenient thereafter, shall elect a councilman as mayor pro tem. who is authorized to perform all the duties of mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified mayor; and, in event of the death or resignation of the regularly elected mayor, the mayor pro tem. shall serve until the new mayor is selected as otherwise provided for by this Act. Mayor pro tem. Section 12. Be it further enacted by the authority aforesaid, that the compensation to be received by any mayor or councilman of the City of Whigham shall be fixed by the mayor and council holding office prior to his election; and the compensation of any mayor or councilman shall not be increased or decreased during the particular term for which he has been elected. The mayor and council shall have the power to fix the salary or compensation for their successors in office; however, councilmen elected or appointed for the same term of office, in event of vacancy, shall receive the same compensation. Any mayor or councilman who is re-elected to serve a subsequent term in office shall not be barred from receiving a different compensation or salary because of his participation in the action of the previous mayor and council which provided for such change in compensation. Provided, however, the present mayor and councilmen, until their present terms expire or until their successors shall have been elected and qualified, shall receive the same compensation as they are being paid at the present time. Compensation of mayor and councilmen. Section 13. Be it further enacted by the authority aforesaid, as follows: (a) That the office of Clerk and Treasurer of the City of Whigham shall be combined, one person holding both positions, and he shall be selected and appointed by and hold office at the pleasure of the mayor and council of said city; said clerk and treasurer shall receive such salary as the mayor and council may see fit and proper

Page 2425

to fix as compensation for his services. It shall be the duty of such clerk and treasurer to collect and keep, subject to the direction of the mayor and council, all money due and belonging to said city; to be the custodian of the books, records and seal of said city; to attend all meetings of the mayor and council and to keep and preserve a minute record of all acts and doings of each meeting of the mayor and council; to be clerk of the mayor's court of said city and to perform all and such other duties as are required of him under this Act, and which may be required of him from time to time by the ordinances and resolutions of the mayor and council. The city's clerk and treasurer shall keep records upon which he shall make entries of all sums of money received and all money paid out, when and to whom and for what purposes; shall give receipts for all money received by him and take receipts for all money paid out by him except in such instances where such disbursements or payments are made by check drawn upon bank accounts deposited in the name of the city. The clerk shall keep a tax digest of all property, real and personal, returned for taxation and collect all municipal taxes, assessments and revenues not otherwise provided for; issue all executions for and against defaulters of taxes for fines and all other purposes, said executions to be directed as otherwise provided for herein; issue all licenses and collect all license fees and other moneys due the city and shall be the custodian of all the funds of said city, and shall do and perform all such duties as may be imposed upon him by the mayor and council. Clerk-Treasurer. (b) Before entering upon the discharge of his duties such clerk and treasurer shall take and subscribe the oath of office and enter into a bond as the mayor and council shall deem proper to be approved by and payable to the mayor of the City of Whigham and his successors in office, conditioned to faithfully discharge all the duties devolving upon him as such officer and to collect and pay over and account for all moneys and other income of said city from whatever source derived. Said bond is to be filed and recorded on the minutes of the mayor and council. Oath and bond.

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(c) The mayor and council of the City of Whigham, at any time and in the exercise of their own discretion, shall select and appoint a deputy clerk and treasurer who shall be clothed with all of the powers and authority and shall be subject to the same supervision, control and bond, required of the regular clerk and treasurer; such deputy can be employed on either a part time or full time basis to aid and assist the regular clerk and treasurer in the performance of his duties prescribed by this Act, or which might be required of such deputy by action of the mayor and council; and, such deputy clerk and treasurer shall hold office at the pleasure of the mayor and council and shall receive such salary or compensation for his services as may be fixed by said mayor and council. Deputy. (d) It shall be unlawful for the Clerk and Treasurer of the City of Whigham, or his deputy, to pay any salary or compensation to the mayor, councilmen or any employee of said city, so long as the mayor, councilman or employee is indebted to the city because of any past due obligations whether or not the same is for ad valorem tax, specific or occupational tax, licenses, water, lights, electrical energy, gas, charges made for pipe, wiring and fixtures or equipment purchased from said city, or assessments of any kind; unless such payments are immediately returned and applied as a credit against indebtedness due and owing to said city. Payments to officers and employees. Section 14. Be it further enacted by the authority aforesaid, that the mayor and council shall have an audit made of all the city records and books on or before the last day of October of each year. Section 15. Be it further enacted by the authority aforesaid, that the mayor and councilmen of the City of Whigham shall have power and authority to elect or appoint an attorney, or firm of attorneys-at-law, to act as the legal advisor and attorney for the municipality and all of its officers and departments relating to their official duties; and they shall also have power and authority

Page 2427

to elect or appoint health officers as they may deem proper, prescribe their duties and powers, and such health officers shall have and exercise all of the powers and privileges which might be vested in them by the governing authorities of said city; and, the mayor and councilmen shall pay reasonable salaries or compensation for all services rendered by the city attorney or health officers. City attorneys, health officers. Section 16. Be it further enacted by the authority aforesaid, that the mayor and council is authorized and empowered to establish, build, equip, maintain and conduct, or to assist in the same, of a general clinic or hospital in the City of Whigham, and to levy and collect a tax and to appropriate funds from either the general or special tax monies for said clinic, hospital or the Whigham Hospital Authority, and the treatment of the sick therein, as well as the expenses or any part thereof for maintaining said clinic, hospital or the Whigham Hospital Authority. Hospital. Section 17. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Whigham are authorized and shall have power to establish and maintain city parks or playgrounds for the purpose of improving the health and pleasure of its citizens, or visitors of said city. Parks and playgrounds. Section 18. Be it further enacted by the authority aforesaid, that the mayor and council are hereby empowered, either with or without the passage of an enabling ordinance or resolution, to do or perform, or to have done or performed any function, act or thing authorized by this charter of said city as enacted herein or by any law amendatory thereof, except in instances where it expressly appears that passage of an enabling ordinance or resolution is a condition precedent to such action or performance by said officers in the premises. Section 19. Be it further enacted by the authority aforesaid, as follows:

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(a) All ordinances and resolutions may be introduced, passed, adopted and approved at any regular or special meeting of the mayor and council of the City of Whigham, and same shall become effective as soon as each such ordinance or resolution is placed upon the official minutes or ordinance book of said city. Ordinances. (b) All ordinances or resolutions may be enacted and become laws of the City of Whigham at the meeting at which the same are introduced, provided all five members of the council are present and vote in favor of adoption and the same is approved by the mayor at such meeting; otherwise, each such ordinance or resolution shall pass over to any subsequent regular meeting for a second reading and shall become law thereat if three or more members of the council vote favorably thereon, and the same is approved then and there by the mayor or within five days from the date of such second reading. (c) If the mayor should fail or refuse to approve any ordinance or resolution within five days, after being acted upon favorably by the council at a second reading, then such failure shall be construed as a veto by the mayor. (d) Should any ordinance or resolution be vetoed by the mayor, or in event the same should fail because the mayor has failed to approve such ordinance or resolution within five days after a second reading and affirmative vote by three or more councilmen, then each such ordinance or resolution may be considered at the next regular meeting and shall become law after a third reading thereof, provided the same shall be passed and approved by three or more councilmen. (e) A reading of proposed ordinances or resolutions, if any after the first reading, shall be satisfied by the mere reading of the caption unless the mayor or some member of the council should request otherwise. (f) The ayes and nays shall be taken and recorded by the city clerk.

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Section 20. Be it further enacted by the authority aforesaid, that any code of ordinances or ordinance book of the City of Whigham, now or hereafter provided, shall be admissible in evidence to prove any ordinance or any section of any ordinance contained therein; or a copy of any ordinance or any section thereof contained therein may be introduced as primary evidence, when duly certified by the city clerk. This section is cumulative and shall not abrogate any rule of evidence now provided by law for the introduction of such matters in evidence. Evidence. Section 21. Be it further enacted by the authority aforesaid, as follows: (a) That there is hereby created and established by this Act a mayor's court in the City of Whigham, which shall be clothed with all the power and authority usually conferred upon such courts in this office as well as those hereinafter provided. (b) Said court shall be held as often as necessary for the trial of offenders; the mayor shall 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 court shall be presided over by the mayor pro tem., and in the absence or disqualification of both the mayor and mayor pro tem. any councilman, after being selected by the remaining qualified councilmen, may preside over and hold said court. The clerk of the City of Whigham, or the deputy clerk of said city, shall act as clerk of said court and the chief of police or other police officers of said city shall attend said court and perform all duties therein, and in enforcement of its sentences as they may be required by ordinances of said city or by the orders of the presiding officer of said court. Mayor's court. (c) The jurisdictional limits of said court shall include the corporate limits proper of said city and said court shall have jurisdiction to try offenders against the laws and ordinances of said city committed within said jurisdictional limits. Jurisdictional limits.

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(d) The mayor or other presiding officer when sitting as such court shall have the power and authority to punish for contempt by a fine not exceeding five ($5.00) dollars and imprisonment in the prison of said city not to exceed three (3) days, either, or both or any part of either or both in the discretion of said court. Contempts. (e) Upon the conviction of any defendant or violator of any law or ordinance of said city, said court shall have the right to sentence said defendor to pay a fine not exceeding one hundred and two ($102.00) dollars and costs, and to imprisonment in the city jail not exceeding fifteen (15) days, or to work and labor on the streets or other public works in the city's public works gang not exceeding thirty (30) days, either or all, or any part of either or 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 all defendants convicted, to be collected and enforced in addition to and in the same manner as fines, and shall have power to probate persons convicted therein; all costs and fines shall be paid into the city treasury. Said court may issue executions for any unpaid fines and costs to be enforced in the same manner as ad valorem tax executions are enforced. Sentences. (f) All cases made in said court shall be in the name of the City of Whigham and should be directed to the person, firm or corporation against whom the case is made; all summons or warrants for any offense against the laws and ordinances of said city shall be signed by the chief of police or other officer making the case; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk or his deputy and shall bear teste in the name of the mayor or presiding officer of said court. Summonses, warrants, etc. (g) The mayor or other presiding officer shall have the power to administer oaths except when such duty might be delegated to clerk or an attorney-at-law who might be in attendance at said court. Said mayor or other

Page 2431

presiding officer shall have power to perform all other acts necessary or proper in the conduct of said court, and where it appears that a State law has been violated he shall have power to bind the offender over to the Superior Court of Grady County for trial, to assess bail for his appearance, and to commit to the common jail of Grady County in default of bond. Oaths. Commitments. (h) Said court shall have the right to compel the attendance of witnesses within or without the jurisdictional limits of said city and may issue attachments where necessary to secure the attendance of any non-resident witness subpoenaed, but said city shall not be required to incur any expense in securing the attendance of any non-resident witnesses subpoenaed by a defendant. Witnesses. (i) Any person who may be convicted in the mayor's court shall have the right to appeal his case to the mayor and council, provided the appeal be entered in writing and filed with the city clerk within two days after the judgment complained of is pronounced, and the defendant shall be released from custody at once provided he can give bond to abide the final judgment in the case, in an amount to be fixed by the court and approved by the city clerk or chief of police not to exceed two hundred ($200.00) dollars pending said appeal. If he is unable to give bond he shall be committed to the city jail pending such appeal which he shall be entitled to have heard at the next regular monthly meeting of the mayor and council, provided said regular monthly meeting is to be held within three days from the date of the appeal; otherwise, the defendant shall be entitled to have his appeal heard within three (3) days at a meeting of the mayor and council called especially for said hearing. The mayor and councilmen may call a meeting for the purpose of hearing appeals at any time and it shall be the duty of the mayor and all councilmen to be present, but the mayor and three (3) councilmen, or the mayor pro tem. and three (3) councilmen, shall constitute a quorum and shall have full and complete jurisdiction over said matter and shall investigate the case as fully as if the same had never been tried, that is de novo. The

Page 2432

mayor and council shall have power, if they find the defendant guilty, to decrease the fine and otherwise modify the sentence imposed by the mayor, or other presiding officer or they may, in the exercise of their own discretion, increase said fine or impose any other sentence authorized by this Act. Appeal. (j) Any person after having appealed his conviction in mayor's court to the mayor and council for a violation of any of the laws or ordinances of said city shall, upon the payment of costs accruing in both of the aforesaid tribunals, have the relief of certiorari to the Superior Court of Grady County, Georgia, in the manner provided by law as set out and embodied in Title 19 of the Georgia Code of 1933, and all Acts amendatory thereto. Certiorari. Section 22. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Whigham shall have full power and authority to organize one or more municipal public works gangs or work gangs and confine therein persons who have been sentenced by the mayor's court, or any other tribunal, of the City of Whigham, to work upon the streets, alleys, sidewalks, ways, or other public works and lands of the city; and they shall also have power and authority to make rules and regulations that may be suitable or necessary for the care, management or control of any such gang or gangs, and to enforce same through its proper officers. Work gangs. Section 23. Be it further enacted by the authority as aforesaid, that any police officer of said City of Whigham shall have authority to release any person arrested for violating any ordinance of the city upon such person giving a bond payable to the mayor in an amount and with surety to be approved by the chief of police, city clerk or mayor of said city, conditioned for the personal appearance of such person before the mayor's court at the time and place specified in said bond and from time to time until he shall have been tried for the offense for which he shall have been arrested. However, should any such person desire to deposit a cash recognizance in an amount to be approved by the chief of police, city clerk,

Page 2433

or mayor, instead of giving the bond required, such cash deposit shall be accepted by the police officer making the arrest and turned over to the city clerk to be returned to the person giving same after his trial, or to be forfeited in the event of his failure to appear as directed. Provided, the authorities of the city may refuse to release on bond any person whose appearance in said city would likely be dangerous, indecent or in violation of any ordinance of said city. If any person released upon bond or cash recognizance shall fail to appear for trial as directed, his bond or recognizance shall be forfeited; and in all instances, except those where a cash bond has been posted, a rule nisi shall be issued requiring him and the surety upon such bond to show cause before the mayor's court at a time not less than thirty days from the date of such rule, why such bonds shall not be absolutely forfeited. Copies of said rule shall be served upon the persons to whom it shall be directed at least twenty days before the return day thereof, personally or by leaving the same at the most notorious place of abode of the person to be served, or by publishing the same by written notice posted in a conspicuous place at the city hall, for the period of thirty days. If at the time such rule is made returnable no sufficient cause for the person's default shall be shown the forfeiture of said bond shall be made final and absolute and execution shall issue for the full amount thereof together with all costs against the principal and sureties thereon, or against any of them who have been served. The execution shall be signed by the clerk of the city or his deputy and shall be directed to the chief of police or any policeman of said city and to all and singular the sheriffs and constables of this State, shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed. Appearance bonds. Section 24. Be it further enacted by the authority aforesaid, that fees and items of costs for all of the officers of the City of Whigham, unless otherwise provided

Page 2434

by various provisions of this Act, shall be, and the same are hereby fixed and established to be the same as those allowed constables and justices of the peace by the laws of this State, insofar as same are applicable, and in instances where no such fees or items of cost are provided for the constables and justices of the peace then, and in such event, the fees and items of costs of such officers of said city shall be the same as those allowed the clerks of the superior courts and sheriffs by the laws of this State; such fees and items of costs to be determined by the laws of Georgia in force and effect at this time or any amendment which might hereafter be made in such laws. All costs shall be collected by execution, if necessary, and shall be paid into the treasury of the City of Whigham. Fees and costs. Section 25. Be it further enacted by the authority aforesaid, as follows: (a) That every person, firm or corporation owning property, real or personal, or otherwise, subject to taxation by the City of Whigham, as of January 1st of each year, shall make a return of such property for taxation at its fair market value to the clerk of said city, he being the clerk of the mayor and council, on or before the first day of April of each year. In the event such return is not made on or before April 1st, of each year, then the mayor and council shall make the return and, at their election and in their discretion, they may assess an additional penalty of twenty-five (25%) percent of the total taxes to be computed by the tax levy applicable for the year involved. In event such penalty is assessed it shall be added to and be considered as a portion of the taxes on the property so returned. Tax returns. (b) The mayor and council shall review all tax returns which have been made by either the property owner or the mayor and council, and, in event they make any changes on the returns of any property owner whereby the value of the property is raised or additional property is added, it shall be the duty of the city clerk, or his deputy, to give a notice of the action taken to the property

Page 2435

owner, his agent or representative, and a notice mailed from the post office at Whigham, Georgia, properly addressed, with sufficient postage thereon shall be deemed ample and sufficient notice. The notice described herein shall be given at least five (5) days before a hearing before the mayor and council to give the taxpayer, his agent or representative an opportunity to be heard with reference to said changes made in the tax return. In event a taxpayer is dissatisfied with the decision made as the result of his hearing, which decision must be made within a period of ten (10) days from the ending of such hearing, he may request the mayor and councilmen for an arbitration in writing of the valuation placed on the property and in such request he shall designate one arbitrator, who shall be a freeholder in the City of Whigham, to represent the taxpayer. Such request may be filed with the city clerk or his deputy and upon receipt of such written request from the taxpayer the mayor and council at its next regular meeting shall name one arbitrator, who shall be a freeholder in the City of Whigham, and notify the taxpayer within a period of five (5) days of its appointment of said arbitrator. It shall be the duty of the two arbitrators, one representing the taxpayer and one representing the City of Whigham, to meet within five (5) days and adjust any differences which may exist if possible and if the two arbitrators fail to reach any agreement, then they shall select a third arbitrator who will meet with them for the purpose of determining all differences with reference to the valuation of the property so appealed. The decision of the arbitrators shall be made within five (5) days and a majority decision shall be final and binding upon both the taxpayer and the City of Whigham. The losing party shall pay reasonable costs of arbitration to be fixed by action of the mayor and councilmen. Changes in returns. Arbitration. (c) In all cases where the taxpayer fails and neglects to make a tax return the mayor and council is hereby authorized and it shall be their duty to make out a true and correct return for the defaulting property owner and assess the penalty hereinabove provided, if they so desire,

Page 2436

insofar as they are able so to do, and there shall be no duty imposed on the mayor and council to notify the property owners of their action in making a tax return for such taxpayer. Returns of defaulting owners. (d) The mayor and council when performing the duties of tax assessors shall not pass upon valuations of property owned by the mayor or any member of the council; such valuations shall be determined by three (3) freeholders of the City of Whigham appointed by the mayor to perform the duty of placing valuations on property owned by the mayor or any of the councilmen. No right shall be withheld from the mayor or any councilmen for an appeal or arbitration as provided for herein for other property owners of the city. Assessments on mayor and councilmen. (e) The mayor and councilmen shall have authority and power to provide when taxes shall become due; however, ad valorem taxes shall become delinquent on December 20th of each year; to fix a penalty for the non-payment of taxes or any part thereof; to offer a discount for the payment of taxes within specified periods; also to order and issue tax executions against all persons, firms or corporations who do not pay their taxes when due. All past due taxes shall bear interest at the rate of seven percent per annum from the date same shall become delinquent. When such execution is issued by the City of Whigham, the same shall be signed by the clerk or his deputy and shall bear teste in the name of the mayor of the city and directed as otherwise provided in this Act, and the same shall be a lien against all property owned by the taxpayer who is the defendant in fi. fa. and may be levied by the chief of police or any other policeman of said city, as well as any other officer authorized by the laws of this State to make a levy and sale. The chief of police or any other policeman of the City of Whigham is authorized and empowered to levy upon any real or personal property of the delinquent taxpayer and advertise and sell the property so levied upon as provided for in this Act. Executions. (f) All sales made for taxes by the City of Whigham

Page 2437

shall be subject to rights of redemption and a foreclosure of such right as now or might hereafter be provided by the laws of Georgia. Sales. Section 26. Be it further enacted by the authority aforesaid, as follows: (a) That the mayor and councilmen of the City of Whigham are hereby authorized and empowered to impose, levy and collect ad valorem taxes as of the first day of January in each year on all property real and personal within the corporate limits of said city, and upon all goods, chattels, moneys and choses in action whose owner resides within the corporate limits of said city which are subject to taxation by the laws of this State for the ordinary current expenses of said city a tax not exceeding two dollars ($2.00) on each one hundred dollars ($100.00) of taxable property as assessed in the manner herein provided; and for the payment of the principal and interest of the public debt of said city such additional taxes as may be necessary and proper, in the manner prescribed by the Constitution and laws of Georgia. Tax rate. (b) The mayor and council shall have further power and authority to levy and collect such licenses, specific or occupation tax, and excise taxes on residents of the City of Whigham and on those who transact business therein, as the mayor and council may deem expedient for the safety, benefit, convenience and advantage of said city; to classify businesses, occupations, professions and callings for the purpose of such taxation as may be legal; to fix the time of payment and to require such person, persons, firm or corporations to procure licenses; to compel payment of such licenses and taxes by execution or in any other lawful manner including penalties in event of failure or refusal to procure such license and to provide suitable penalties for any violation thereof. Licenses and occupational taxes. (c) The mayor and council shall by ordinance, provide punishment of all persons, firms or corporations who are required to pay any such special tax, who engage

Page 2438

in the business, calling or profession, without first complying in all respects with the mayor and council in reference thereto. Violations. (d) The mayor and council shall have full authority to license, regulate and control, by ordinance, all businesses which are under the laws of Georgia subject to license excise or specific tax. Said city shall have the same powers with reference to said licenses as may be herein provided for the enforcement of occupational taxes, specific taxes, and to provide for punishment for violations thereof. (e) The mayor and council may, after due notice and a hearing is held before the mayor and council, revoke the license of any business or establishment to which a license may have been granted, in the event the same becomes a nuisance or is dangerous or injurious to the health and morals of the people of the city. The decision of the mayor and councilmen of said city, revoking any such license, shall be final. Revocation of licenses. (f) All licenses, specific or occupational taxes provided for in this Act shall be due and payable on the first day in January of each year or immediately upon the commencement of any business; provided, however, the mayor and council may make provision for issuing licenses and collecting specific or occupational taxes on a quarterly or semi-annual basis. When such taxes are due. (g) All taxes, licenses, specific or occupational taxes, provided for in this section shall create a lien in favor of the City of Whigham and the same shall have priority the same as taxes due the State and county, except that they shall be second and postponed thereto. Section 27. Be it further enacted by the authority aforesaid, that all writs, processes, subpoenas, summons, rules of all kinds, and all executions for any and all kinds of taxes, licenses, fines, assessments, forfeitures or demands, assessed by the proper authorities of said city, against any person, firm or corporation, or company

Page 2439

whatsoever, shall be issued and signed by the city clerk and bear teste in the name of the mayor of said city, unless otherwise provided, and shall be directed to the chief of police or any policeman of said city, and all singular the sheriffs and constables of this State, and each and all of said directors are hereby authorized and required to serve and execute the same. Writs, processes, etc. Section 28. Be it further enacted by the authority aforesaid, that all executions issued for and in behalf of the City of Whigham, for any purpose whatever, shall bear interest from its date at seven percent per annum. Interest on executions. Section 29. Be it further enacted by the authority aforesaid, that the clerk, chief of police, or any other levying officer, of the City of Whigham shall have power to transfer for value, any execution issued for and in behalf of said city for ad valorem tax, specific or occupational tax, license, or for any other purpose whatever, under any authority now or hereafter granted, and the lien of all rights under such execution shall be preserved to the purchaser; provided, the purchaser will have such execution, and the transfer and assignment entered thereon, recorded on the general execution docket of Grady County. If not recorded then the lien shall rank as a judgment from a court of law and the lien shall date only from the date of actual record on the general execution docket of Grady County, Georgia. Transfer of executions. Section 30. Be it enacted by the authority aforesaid that the clerk of the City of Whigham, or the deputy clerk of said city, shall have full power and authority to issue executions for past due indebtednesses and all penalties, together with interest thereon at the rate of seven percent per annum, from the date such indebtednesses become due and payable, because of past due taxes, licenses, water, lights, gas and charges for connecting with the electrical, water or gas systems, including all charges for pipe, wiring and fixtures purchased from said city; such execution to be directed and disposed of as in cases of executions for taxes due the city, except that sales thereunder shall vest absolute title to

Page 2440

the property in the purchaser, and the amount of such execution shall be a general lien on all property of the debtor, dating from the issuance of said execution and ranking as judgments at law; and, all rights of said city, therein shall be preserved if the same is recorded on the general execution docket of Grady County, Georgia. Executions and sales. Section 31. Be it further enacted by the authority aforesaid that all sales made by the City of Whigham because of nonpayment of ad valorem taxes, licenses, special or occupational taxes, electric lights or power, water, gas, or charges made for connecting with the electrical, water or gas systems of the city, including all charges for pipe, wiring and fixtures purchased from said city, or any other lawful indebtedness which might now or hereafter accrue to, be assessed by or otherwise become due said city, shall be at a public sale to the highest bidder for cash and such sales shall be made by the chief of police or other levying officer before the door of the city hall of the City of Whigham, between the hours of ten o'clock A. M. and four o'clock P. M., after previously advertising the sale for ten days by posting notices of such sale at three or more public places within the corporate limits of said city naming the date, time, place and terms of any such sale, except however all sales of real property shall be made on the first Tuesday of any month after being previously advertised once a week for four weeks in the official organ of Grady County, and all advertisements for the sale of real property shall contain the same general information as hereinabove provided. The chief of police or other levying officer conducting any such sale provided for in this section shall make title pursuant to such sales and he shall be allowed constable's fees for all costs incidental to and accruing by virtue of any such sale; however, for executing titles to real property he shall receive a fee of three ($3.00) dollars. All costs to be taxed as costs are taxed in the courts of this State and shall be paid into the treasury of the City of Whigham. Conduct of sales. Section 32. Be it further enacted by the authority aforesaid, that the mayor of the City of Whigham, or

Page 2441

the mayor pro tem. in the absence of the mayor, shall have authority to attend all public sales held before the door of the city hall as provided in various sections or subsections of this charter and he shall, at his election and in the exercise of his own discretion, bid at any such sale for and in behalf of said city and if the highest and best bidder said city shall become the purchaser of the property being sold. City as purchaser. Section 33. Be it further enacted by the authority aforesaid that illegalities or claims can be interposed in the same manner and under the regular rules of practice and procedure as practiced in the courts of this State to any sale where property is about to be sold by the chief of police or other levying officer, as provided by this Act. If the property be personal the levying officer shall suspend the sale and return the case for trial in the justice court having jurisdiction over the territory covered by the City of Whigham to be tried as other claims or illegalities under the regular rules of practice and procedure as practiced in the justice courts of this State, provided the amount does not exceed the jurisdiction of said justice's court. If the amount involved shall exceed the jurisdiction of the justice court, as aforesaid, or if the property about to be sold is realty the levying officer shall suspend the sale and return the case for trial in the Superior Court of Grady County, Georgia, to be tried as other illegalities or claims under the regular rules of practice and procedure as practiced in the superior courts of this State. Illegalities and claims. Section 34. Be it further enacted by the authority aforesaid, as follows: Police committee. (a) The mayor, at the first meeting of the mayor and council in September of each year or as soon thereafter as practicable, shall appoint a committee to be known as the police committee, said committee shall be composed of the mayor and two councilmen to serve for one year, or until a new committee has been appointed. The police committee shall elect and employ a chief of police for a term of one year, they shall have power to

Page 2442

prescribe the special duties of the chief of police, fix the compensation for his services and dismiss him for any reason they deem sufficient, and shall require a surety bond of the said chief of police payable to the mayor and his successors in office for the faithful performance of his duties. Chief of police. (b) The action of the police committee, in discharging the chief of police, or any other police officer, is subject to review by the mayor and all councilmen and if as many as three (3) councilmen should vote to retain and reinstate such officer dismissed by the police committee, such action of the councilmen shall be binding on the police committee, and the officer shall continue his services for the city at the same rate of pay, and with the same duties to perform, as before discharge by the committee. Dismissal of policeman. (c) The police committee shall have power and it shall be their duty to elect and employ as many other police or special officers as may to them seem necessary and for such length of service, and to determine and prescribe the compensation, eligibility and qualifications of such officers. (d) The chief of police and all other police officers shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, and enforcement of the laws of the State, the ordinances of the City of Whigham and all rules and regulations made in accordance therewith. In the performance of these duties all police officers of the City of Whigham shall have power to make arrest of any person violating the ordinances of the city, with or without summons or warrant, and the power to make arrest for violation of the laws of the State of Georgia as conferred on officers by Chapter 27-2 of the Code of Georgia. The chief of police and all other police officers shall perform such other duties as may be imposed by ordinances of the City of Whigham or by the laws of the State of Georgia. Duties and powers of police.

Page 2443

Section 35. Be it further enacted by the authority aforesaid, that the mayor and council is authorized and empowered to fix and determine the compensation and salary to be received by each employee, either elective or appointive, except the chief of police and other police officers of the City of Whigham. They may determine how and when such salary and compensation is to be paid and in such amounts as they deem proper. Salaries and compensations shall be fixed and determined at the first regular meeting of the mayor and councilmen in September of each calendar year, or as soon thereafter as convenient, and when once fixed and determined, the same amount will be paid under the same terms until changed by action of the mayor and council. Compensation of employees. Section 36. Be it also enacted by the authority aforesaid, that the mayor and council of the City of Whigham, in the exercise of their best judgment and discretion, shall have power and authority to appropriate, donate and actually expend, from time to time, such an amount or amounts of monies belonging to said city as they deem proper, and especially from funds or revenue derived from excise taxes, fines and forfeitures, for any and all lawful purposes; to promote the general welfare of the inhabitants of said city; in aid of any city clinic, hospital, Whigham Hospital Authority, other public institutions; or any other purpose which may now or hereafter be authorized by the laws of the State of Georgia. Expenditures. Section 37. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Whigham shall have power and authority to acquire by purchase, lease, gift or grant, property within or without the corporate limits of said city, for the following public purposes and uses, to wit: To lay out and establish public streets, alleys, ways, sidewalks, parks, playgrounds, parking areas or parking lots, cemeteries, and dumping grounds for garbage; rights-of-way for any electric light and power, water supply, gas, or sewer lines; sites for the building or enlarging any of the public buildings, reservoir, water plant, electric light and

Page 2444

power plant, electrical system, gas works or system, sewerage system, including lines and sewerage disposal plants; and, for any other public use whatsoever. Acquisition of real property. Section 38. Be it further enacted by the authority aforesaid, that the mayor and council shall have power and authority to own, sell and convey burial lots, and such sales shall be made without formalities of any kind except that the mayor or mayor pro tem. shall sign the deed which shall be attested by the city clerk; to provide for cemeteries either within or without the corporate limits of the City of Whigham; to regulate interments therein, and to expend annually a sufficient sum for the proper keeping of said cemetery or cemeteries. They shall have power and authority to prescribe reasonable regulations as to the kind and character of improvements placed, in, on or around cemetery lots, and to protect any and all monuments, tombstones, curbing or other improvements from damage by falling trees, or other cause. The mayor and council may, without notice to anyone, remove any tree or other object in, on or near any lot in the cemetery, that may cause such damage. Cemeteries. Section 39. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Whigham shall have power and authority to sell any real or personal property belonging to said city which has or hereafter might become unnecessary for city purposes and to make a good and sufficient title to the purchaser. All bills of sales, deeds, or other types of conveyances shall be signed by the mayor or mayor pro tem. and attested by the city clerk. However, in the sale of real and personal property belonging to said city, the following procedure shall be followed: Before any such property can be sold a resolution of the mayor and council shall be passed and adopted stating that the real or personal property proposed to be sold is no longer necessary or useful for city purposes. All such sales of real and personal property belonging to the City of Whigham, except burial lots located in cemeteries belonging to said city, shall be only at public sales to the highest bidder for cash and shall be conducted by the mayor or

Page 2445

mayor pro tem. before the front door of the city hall in said city, between the hours of ten o'clock A. M. and four o'clock, P. M., after due and proper advertisement. If the property to be sold is personalty such sale shall be advertised for a period of tn days by posting a notice of such sale at three or more public places inside the corporate limits of said city describing the property to be sold and state the date, time, place and terms of sale; however, if the property to be sold is realty such sales shall be made on the first Tuesday of any month after being previously advertised once a week in the official organ of Grady County, and all such advertisements shall likewise describe the property to be sold and state the date, time, place and terms of sale. Sale of city property. Section 40. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Whigham shall have full power and authority to condemn private property, either inside or outside the corporate limits of said city, for any public purpose, such as establishing public streets, alleys or ways, sidewalks, parks, playgrounds, parking areas or parking lots, cemeteries, and dumping-grounds for garbage; for rights of way for any electric light, water supply, gas, or sewer line or sewerage disposal plant, sites for 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, electrical system, gas works or system, sewerage system, including lines and disposal plants, 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

Page 2446

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 the Georgia Code of 1933, Section 36-301 et. seq., or any amendments thereto. Eminent domain. Section 41. Be it further enacted by the authority aforesaid, as follows: (a) That the mayor and council of the City of Whigham shall have power and authority to grant or refuse franchises to any individual, firm or corporation, to build, construct, own, maintain, and operate a system or systems of electric lights and power, or telephone or telegraph lines and poles, or waterworks and system, or gas works and system, or sewerage system, or any other public utility service, and any plant, machinery, and operation necessary or incidental to any of said purposes, through, over and under the streets, highways, alleys, ways, sidewalks, or other public places in said city, and to grant or refuse any rights-of-way for any or all of said purposes, upon such terms and conditions and for such a period of time not exceeding fifty (50) years as said city council shall deem fit and proper. Utilities. (b) That the mayor and council shall have power and authority to use any street, highway, alley, way, sidewalk, or any other public property and places in said city, for railroad, telegraph, telephone, gas, water, electric light and power purposes, or any other public utility purposes; and, in granting or refusing any such franchise they shall fully and completely guard and protect every interest, present and future, of said city and no franchise granted hereunder shall carry with it any power, right or privilege, except as those which are specifically enumerated herein. (c) Provided, however, that no such grant of a franchise as authorized by this section of this Act shall be exclusive and the right to tax any such franchise shall always be reserved.

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Section 42. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Whigham shall have power and authority to order elections at various times to determine the issuance of bonds, and to issue bonds in accordance therewith for the following public purposes, to wit: (1) To purchase real or personal property of any kind, type or description, for the use of said city or any of its departments; (2) To grade, pave, macadamize, curb or otherwise improve any streets, avenues, sidewalks, alleys, lanes, ways, parking areas or parking lots; (3) To erect, install, expand, equip, improve, replace or relocate the light and power plant and the electrical supply or distribution system, the waterworks and the water supply or distribution system, the gas plant and gas supply or distribution system; the sewerage disposal plant and the sewerage disposal or distribution system; (4) To acquire, maintain and operate public parks and playgrounds; and (5) For such other public improvements as the mayor and council of said city may deem proper. The mayor and council of said city are also authorized and empowered to levy, assess, and collect annually a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on such bonds as they shall become due, and to pay the principal and interest on any bonds that may now be legally outstanding against said city. Such tax shall be separately assessed and collected for the specific purposes designated herein and shall not be used or applied to any other purpose whatsoever. Bonds. Section 43. Be it further enacted by the authority aforesaid, that the City of Whigham, by and through its mayor and council, shall have power and authority to own, operate and control and regulate for the best interest of said city any public utility, whether the same be electric light and power system, water system, gas system, or any other type of public utility of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes,

Page 2448

in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of any such system and public utilities, and to pass any and all ordinances or resolutions necessary for the establishment, operation, regulation and control of any such system and public utilities. The mayor and council of said city shall fix, from time to time, the rates charged for electrical energy, water, gas, or any other type of service handled by or sold through any of the systems or public utilities, as aforesaid, with the right to classify said rates, and they shall also have the power to enforce payment for electrical energy, water, gas, or any other type of service rendered, and they shall also have the right to require reasonable deposits as well as power to discontinue service until all amounts due by the consumers whose service is discontinued shall have been paid, and until such consumer shall also pay any penalty which might be prescribed by the mayor and council. Utilities. Section 44. Be it further enacted by the authority aforesaid that the mayor and councilmen of the City of Whigham shall have full power and authority: (a) To determine and declare what shall constitute a nuisance within the corporate limits of said city; to abate same; and, to provide and impose a punishment on any person, firm, or corporation, who may create or maintain or continue a nuisance within the corporate limits of said city after the same has been ordered abated. Nuisances. (b) To regulate and control the location of, or compel any owner or operator of any cellar, stable, pigsty, chicken yard, chicken house, hog pen, hog pasture, cattle pasture, septic tank, cesspool, sewer, or any other unwholesome or nauseous house or place, in said city, to cleanse and disinfect same according to regulations prescribed by the governing authorities of said city; Stables, cesspools, etc. (c) To prohibit or zone the slaughtering of animals inside the corporate limits of the City of Whigham and

Page 2449

to establish and maintain quarantines against contagious and infectious diseases. Animals. (d) To inspect and examine buildings or structures of any and all kinds located within the corporate limits of the City of Whigham and if, in the exercise of their discretion, any such building or structure should be deemed to be unsafe or hazardous the said mayor and councilmen shall have authority and power to compel the owner or owners thereof to repair the same immediately and place any such building or structure in a state of good repair; otherwise, said mayor and councilmen shall have power and authority to declare the same to be a nuisance and abate the same under the general laws of the State of Georgia. Buildings. (e) Remove, or cause to be removed, any buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, driveways, or other public places in the City of Whigham. Obstructions. (f) All of the powers and authority provided for in this section may be enforced by the mayor and councilmen under such rules or regulations as they may prescribe, or under procedure established by the general laws of this State. Section 45. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to establish, construct, and maintain, or permit any person, company or corporation to construct and maintain one or more systems of sewerage and drainage, or parts of such systems, in said city, and around said city, for the health, cleanliness and comfort of its inhabitants; and the said mayor and council shall have entire and absolute control and jurisdiction over all said pipes, private drains and sewerage, 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

Page 2450

as may seem best for the preservation of the health of the inhabitants of said city, and with power also to require a change in, or the total discontinuance of any such contrivances or structures already in existence, or that may hereafter be allowed. Sewerage and drainage. Section 46. Be it further enacted by the authority aforesaid, that the mayor and council shall have power and authority to require any person, firm or corporation to obtain from said city a written permit to build, erect, repair or remodel any house, building or any kind of structure in the City of Whigham where the estimated costs thereof shall exceed one hundred dollrs. The mayor and council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The mayor and council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application or permit with or without cause; and, they shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits. Building permits. Section 47. Be it further enacted by the authority aforesaid, as follows: (a) The mayor and councilmen may, at their election and in the exercise of their discretion, provide reasonable fire protection and they shall have power and authority to purchase fire trucks, engines and equipment, and organize and equip a fire department, either paid or volunteer; and to make such appropriations as they might deem advisable for this purpose. Fire protection. (b) The type of fire protection provided by the mayor and council from time to time and in the manner in which same is handled shall be construed to be reasonable and shall be the type of reasonable fire protection provided for in subsection 47-(a) of this Act. (c) The mayor and council shall have authority to

Page 2451

prescribe when, how and of what material buildings in said City of Whigham shall be erected or covered, how thick the walls must be, manner in which the chimneys, stove pipes and flues shall be constructed; to prohibit the use of combustible materials for covering buildings; to change all things that they may deem necessary to protect said city so far as possible from danger from fire, and prevent conflagration. They shall also have power and authority to order any changes in the construction or arrangement of chimneys, stove pipes, or flues, or the removal thereof, when in their judgment the same is dangerous, or likely to be so, and to make the owner or occupant of the premises pay the expenses of the change, as they elect, which may be collected by execution; and if any person firm or corporation own or erect any building or structure which is not in accordance with the laws and regulations of said city, said mayor and council may order said building or structure removed, and if said person, firm or corporation shall not remove the building or structure after notice to so do, then the mayor and council shall have power and authority to remove the same at the expense of the owner, which expense may be collected by execution. Section 48. Be it further enacted by the authority aforesaid, that in the event any article, section, subsection, paragraph, 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 void by a court of competent jurisdiction, shall not have the effect of impairing the validity of the remaining part or other portions of this Act, unless expressly so held by a court of competent jurisdiction. In event the General Assembly shall have granted herein to the City of Whigham any powers or authorities in excess of such permitted by the Constitution and laws of Georgia or of the United States of America, then such powers or authorities shall be construed to extend just so far as possible not to exceed the authority of the General Assembly. Section 49. Be it further enacted by the authority

Page 2452

aforesaid, that all Acts of the General Assembly of Georgia heretofore passed, to wit: The Acts of 1896, page 261 et seq. and all amendments thereto including the Acts of 1897, page 363, Acts of 1905, page 1233, et seq., Acts of 1907, page 970, et seq., Acts of 1922, page 1114 et seq., Acts of 1927, page 1704, et seq., and Acts of 1929, page 1471 et seq., as well as the home-rule charter of the City of Whigham which became effective pursuant to a resolution passed by the mayor and council of said city adopted on June 6, 1952 and thereafter filed with the Secretary of State of Georgia, conferring powers on the Town of Whigham, or the City of Whigham, be and the same are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Acts repealed. 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. 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, as follows Notice to the Public. This is to notify all to whom it may concern that there will be introduced at the coming session of the General Assembly of Georgia, which convenes on November 16, 1953, the following local legislation to wit: An Act to incorporate the City of Whigham in the County of Grady and State of Georgia and to supersede and repeal the Act of 1896, pages 261 to 266, both inclusive, and all Acts amendatory thereto relating to the

Page 2453

Town of Whigham; to create a new charter for the City of Whigham; to define the territorial limits of said city; to provide a municipal government therefor; to provide for the powers thereof; to provide for a mayor and council and to define their powers and duties; to define the special powers and duties of the mayor; to provide for elections of the mayor and councilmen, define their qualifications, and to declare the manner and form in which they shall be elected and qualified, as well as provide for their terms of office, meetings and methods of appointing and electing officers and employees of said city, and the method and manner of filling vacancies; to provide and fix the qualifications of voters in said city; to provide a method of registration thereof and to provide the manner in which all municipal elections shall be held and the results determined; to provide for the assessment, levy and collection of an ad valorem tax, limiting the rate, and providing a method of appeal and arbitration from tax assessors' decision; to provide for power and authority to levy and collect licenses, specific, occupation and excise taxes from any or all kinds of business, trades, professions, vocations and other things in said city as well as provide for a revocation of any license or permit in event operations should violate valid regulations of the city governing the same or become a nuisance or be dangerous and injurious to the health or morals of the people of the City of Whigham; to provide for a mayor's court, its officers, jurisdictional limits, issuance of summons or warrants, subpoenas for witnesses, trials, punishments, appeals and certiorari therefrom, appearance bonds and forfeitures; to provide for the appointment of a clerk-treasurer, chief of police, policemen, city attorney, health officer, and other officers and employees, define their duties and powers, and provide for salary and compensation of officers and employees of said city; to provide for the working, maintenance and extension of the streets, alleys, squares, parks, cemeteries, and public buildings of said city; to authorize the mayor and council to construct, operate, control, maintain and extend the electric light and power plant or system, waterworks plant or system, gas plant

Page 2454

or system, and sewerage disposal plant or system, and the manner of doing same; to provide for the right to condemn property, either within or without the limits of said city or for any public purposes or for any other purposes for which the city is authorized to exercise the right of eminent domain either under this Act or the general laws of Georgia; to provide for donating money for charitable or specific purposes; to provide for collection of debts due the city by execution, levy and sale of property; to provide for the issuance of bonds and the borrowing of money and selling of revenue certificates for public purposes; to provide and regulate fire, sanitary and public protection; to provide for the preservation and promotion of the public welfare, and the peace and safety of the community and for all other matters necessary and desirable for the general welfare of said city or its inhabitants; and to provide for all other necessary purposes. This October 23, 1953. R. A. Harrell, Representative of Grady County in the General Assembly of Georgia. 10-30-3t. State of Georgia, County of Grady: Before me, the undersigned, an officer authorized by law to administer oaths in and for said State and county, personally appeared R. A. Harrell, who, after being duly sworn, deposes, and on oath says: That he is a member of the Georgia House of Representatives of the General Assembly of Georgia and that he is the author of the within and foregoing bill and that notice of this legislation has been published in the Cairo Messenger, the newspaper which sheriff's advertisements of Grady County are published, once a week for three weeks during the period of sixty days immediately preceding its introduction

Page 2455

in the General Assembly; said notice having been published on the following dates, to wit: October 30, 1953, November 6, 1953 and November 13, 1953. /s/ R. A. Harrell Sworn to and subscribed before me on this the 14th day of November, 1953. /s/ Clayton R. Baker Notary Public: Grady County, Georgia. (Seal) Approved December 11, 1953. GREENE COUNTY COMMISSIONER. No. 616 (Senate Bill No. 182). An Act to repeal an Act creating the Board of Commissioners of Roads and Revenues for Greene County, approved August 11, 1925 (Ga. Laws 1925, p. 653); to create the office of Commissioner of Roads and Revenues for Greene County; to provide for an advisory board; to provide for advisory board commissioner districts; to provide for the election of the commissioner and the advisory board; to prescribe the powers, jurisdiction and duties of the commissioner; to provide for a bond and oath; to provide the term of office; to provide for filling vacancies; to provide for compensation; to provide for an auditing of books; to provide for procedures connected with the foregoing; to provide for meetings; to provide an effective date; 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. An Act creating the Board of Commissioners of Roads and Revenues for Greene County, ap-

Page 2456

proved August 11, 1925 (Ga. Laws 1925, p. 653), is repealed effective December 31, 1954. The members serving on the board created by said Act shall serve until the end of their present terms, which is December 31, 1954, and the grand jury shall not appoint any persons to succeed such members. Act of 1925 repealed. Section 2. There is hereby created the office of Commissioner of Roads and Revenues for Greene County. There shall be an election to elect a person as such commissioner and this election shall be held on the same date as the referendum election is held, which is provided for hereinafter. The person elected at such election shall take office January 1, 1955, for a term of two years and until his successor is elected and qualified. All persons desiring to offer for election at such election must qualify with the ordinary of the county at least be twelve o'clock, noon, thirty days before the date of such election. The qualifying fee for the office of commissioner shall be one hundred dollars ($100.00), and the qualifying fee for member of the advisory board, provided for hereinafter, shall be ten dollars ($10.00). Such fees shall be paid to the ordinary of the county and shall go towards the cost of holding and conducting such election, and any cost in excess of what is taken in from such fees shall be borne by Greene County. In the future, all elections for commissioner shall be held on the same date as the election for other county officers is held, and the term of office shall be for four years and until his successor is elected and qualified. All future primaries shall likewise be held on the same date that the primary for county officers is held. The commissioner shall be elected by the voters of the entire county. Office of commissioner created. His election. Section 3. The commissioner shall have jurisdiction of the following subject matters in said county, to wit: In managing and controlling the property of said county; in establishing, altering, and abolishing roads, ferries, and bridges, and constructing, building, maintaining and working the public roads, bridges, and highways of said county, and in removing obstructions therefrom; in establishing, abolishing, controlling, operating, and managing

Page 2457

the convicts in said county; in examining and auditing accounts and legal claims against said county and authorizing payment thereof; in examining and auditing the accounts of all officers having the care, management, control, collecting, or disbursement of any money or funds belonging to said county or appropriated for its use or benefit, and bringing them to settlement; in regulating and managing the paupers and in disbursing the pauper funds of the county, and in acquiring a farm in said county for the use of such paupers and for raising supplies for the convicts in said county. The commissioner shall have and exercise all power heretofore vested in the justices of the inferior court and in the ordinary when sitting for county purposes, and shall have such other powers as are granted by law or as may be indispensable to the jurisdiction of said commissioner. Powers and duties. Section 4. The commissioner shall be in charge of the courthouse of said county and shall have authority to designate rooms and offices for the different officers occupying the courthouse. The commissioner shall further discharge the duties which heretofore were authorized to have been discharged by a county supervisor or road superintendent. Courthouse. Roads. Section 5. The commissioner shall be compensated in the amount of forty-eight hundred dollars ($4,800.00) per annum, to be paid in equal monthly installments from the general funds of Greene County. He shall devote his full time to the duties of his office. All expenses incurred in the performance of his official duties shall be paid from county funds. Compensation. Section 6. The commissioner is hereby authorized to employ such clerical help as is necessary to perform the duties of his office and fix the compensation therefor, which compensation shall be paid from the general funds of Greene County. Clerical help. Section 7. Before entering upon the discharge of his duties, the commissioner shall give bond in the sum of $10,000.00 with a surety company authorized to do business

Page 2458

in Georgia as surety, payable to the Ordinary of Greene County for the use of Greene County. Such bond shall be conditioned for the satisfactory performance by the commissioner of the duties of his office and for a true accounting of all moneys and effects of said county coming under his custody, possession, or control. Such bond shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premium on said bond shall be paid by Greene County. Bond. Section 8. Before assuming his duties, the commissioner shall take an oath before the ordinary to legally and properly perform his duties and to fully account for all moneys and effects of Greene County coming under his custody, possession, or control. Oath. Section 9. If a vacancy occurs in said office of commissioner for any reason whatsoever, other than the expiration of the term of office, the Ordinary of Greene County shall, within thirty days, appoint a person to fill the unexpired term. Vacancy. Section 10. The commissioner elected to take office January 1, 1955, shall have the books of the county audited by a competent auditor immediately after assuming office. Thereafter, the books of the county which are in the control and custody of the commissioner shall be audited annually by a competent auditor selected by, the last grand jury in each year. Audits. Section 11. There is hereby created an advisory board, to be composed of three members, to assist and advise the commissioner in the performance of his duties in conducting the affairs of the county. The members of said board shall have no vote and shall exercise no control over the commissioner, and the capacity of their service shall be in an advisory nature only. However, the commissioner is hereby directed to give serious consideration to any suggestion which the members of the advisory board shall offer. The members of the advisory board shall meet with the commissioner on the first Tuesday in each month, and at any other time the commissioner

Page 2459

calls a meeting. The members of the advisory board shall be compensated in the amount of ten dollars ($10.00) per meeting. For the purposes of the election of members of the advisory board, Greene County is hereby divided into three advisory board commissioner districts. District No. 1 shall consist of the 143rd Militia District (Greensboro), the 145th Militia District (Greshamville), the 146th Militia District (Oakland), the 147th Militia District (Macedonia), the 148th Militia District (Penfield), and the 149th Militia District (Wrayswood); District No. 2 shall consist of the 137th Militia District (Fluker), the 138th Militia District (Woodville), and the 140th Militia District (Union Point); District No. 3 shall consist of the 141st Militia District (Reynolds), 142nd Militia District (Siloam), 144th Militia District (White Plains), 160th Militia District (Liberty), 161st Militia District (Salem), 162nd Militia District (Ruth), and 163rd Militia District (Walkers). There shall be elected one member from each of the three aforesaid districts and in order to be eligible for election from said district, a person must reside in said district. The member from each district shall be elected by the voters of his district only. The members of the advisory board shall be elected at the same time in 1954 as the commissioner is elected, and shall assume office January 1, 1955, for a term of two years and until their successors are elected and qualified. The same provisions regarding primaries applicable to the commissioner shall likewise be applicable to the advisory board. All future elections for members of the advisory board shall be held on the same date as the election for commissioner is held and the term of office shall be for four years and until their successors are elected and qualified. Advisory board districts. Section 12. Not less than thirty nor more than forty 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 Greene County to issue the call for an election for the purpose of submitting this Act to the voters of Greene County for approval or rejection. The date of the election shall be set for a day between March 22, 1954, and March 31, 1954, inclusive.

Page 2460

The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Greene County. The ballot shall have printed thereon the words: For approval of the Act creating the office of Commissioner of Roads and Revenues for Greene County, and a board to assist the commissioner. Against approval of the Act creating the office of Commissioner of Roads and Revenues for Greene County, and a board to assist the commissioner. Referendem. 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 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 Greene County. It shall be the duty of the ordinary to canvass the returns and declare 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. Affidavit of publication attached to enrolled copy. Approved December 12, 1953. HABERSHAM WATER AUTHORITY ACT. No. 617 (House Bill No. 628). An Act to create the Habersham Water Authority; to provide the purpose, duties and organization of said Authority; to provide for issuing of revenue bonds and providing for the validation of such bonds; 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. This may be cited as the Habersham Water Authority Act. Section 2. There is hereby created a body corporate and politic, to be known as the Habersham Water 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, one of whom shall be the Ordinary of Habersham County; one of whom shall be a freeholder and qualified registered voter of the City of Cornelia, who shall be selected by the governing body of that city; one of whom shall be a freeholder and qualified registered voter of the City of Demorest, who shall be selected by the governing body of that city; one of whom shall be a freeholder and qualified registered voter of the City of Clarkesville, who shall be selected by the governing body of that city, and the fifth member of said Authority to be elected by the four other members of the Authority. The ordinary shall serve upon the Authority during his term as ordinary. The members selected from the cities of Cornelia, Demorest and Clarkesville shall serve for a term of four years until their successors are selected, and the fifth member elected by the other four shall be elected for a term of two years for the first time and for a term of four years for every term thereafter. Immediately after such appointments and election, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman. Three members of the Authority shall constitute a quorum for the transaction of business. The members of this Authority shall be entitled to no compensation. However, all members shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Incorporation. Members.

Page 2462

Section 3. As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the Habersham Water Authority created by Section 2 of this Act. Definitions. (b) The word project shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of Habersham County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. Project. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. 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. Cost of project. (d) The terms revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined

Page 2463

and provided for in the Revenue Certificate Law of Georgia (Ga. Laws 1937, p. 761, as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Certificate Law and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for in this Act. Revenue bonds. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings 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 bonds which may be issued for the cost of such project or projects. Self-liquidating. Section 4. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; Powers. (b) 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; (c) 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 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 proceedings as may be just to the Authority and to the owners

Page 2464

of 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 reasonabale 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; (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 and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, 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 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 to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and related services and facilities by the Authority to such municipal corporations and counties for a term not exceeding 50 years. (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

Page 2465

such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and/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 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; (i) 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 (j) 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 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 five hundred thousand ($500,-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 more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semiannually,

Page 2466

shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Bonds. Section 6. 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, provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Form. Section 7. In case any officer whose signature shall appear or 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 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 or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Signatures. Section 8. 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

Page 2467

under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Negotiable. Section 9. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than five per centum (5%) per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. Sale. Section 10. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Issues. Section 11. 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. Temporary bonds. Section 12. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Replacement.

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Section 13. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. 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. Issuance. Section 14. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Habersham County, 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 either the said county or cities to levy or to pledge any form of taxation whatever 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. Not debt of county or city. Section 15. 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 fees, tolls, 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 bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application

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of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchases of the bonds issued therefor and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such 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. Trust indenture. Section 16. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds 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. Section 17. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of

Page 2470

the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Revenues. Sinking fund. Section 18. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees,

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tolls, and other charges for the use of the facilities and services furnished. Rights of bondholders. Section 19. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Revenue refunding bonds. Section 20. 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 Habersham 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 21. 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 to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the water system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality 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 be determined and the contract or contracts 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, against the authority issuing the

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same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Habersham Water Authority. Validation. Section 22. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the 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. Act as contract. Section 23. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Funds. Section 24. Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to Habersham County water system, and the various municipalities in said county and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not now exist water distribution systems and where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. Purpose of Act.

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Section 25. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities or commodities furnished, and in aticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the water utility system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Rates, fees, etc. Setion 26. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished. Rules and regulations. Section 27. 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 28. This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 29. 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 30. This Act does not in any way take from Habersham County or any municipality located therein or any adjoining county the authority to own, operate

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and maintain water systems or issue revenue certificates as is provided by the Revenue Certificate Law of Georgia. Section 31. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Habersham County. Personally appeared before the undersigned, an officer of this State duly authorized by law to administer oaths, Chas. T. Graves and Mrs. Chas. T. Graves, who, on being first duly sworn depose and say that they are publishers of the Tri-County Advertiser, the newspaper in which sheriff's advertisements are published in Habersham County, Georgia, and do hereby certify that the following advertisement of notice of intention to apply for local legislation was published in the Tri-County Advertiser in said county on the following dates: January 15, 1953; January 22, 1953 and January 29, 1953. Legal Notice. Notice is hereby given in accordance with the Constitution and laws of the State of Georgia that at the session of the General Assembly of Georgia, which convenes on Monday, January 12, 1953, there will be introduced a bill entitled: An Act to create the Habersham County Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and municipal corporations: to confer powers and impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the Authority payable from the revenues,

Page 2475

tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or certificates and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Habersham County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the Authority exempt from taxation as provided for by law, to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated; 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. This notice given as required by law. This 12 day of January, 1953. Oliver G. Allen, Ordinary of Habersham County, Georgia. This the 17th day of February, 1953. /s/ Chas. T. Graves /s/ Mrs. Chas. T. Graves Sworn to and subscribed before me, this the 17th day of February, 1953. /s/ Glenn W. Evans Notary Public, Georgia, State at Large. My commission expires Aug. 12, 1954. Approved December 11, 1953.

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AUGUSTAADDITION OF FORREST HILLS AND WHEELER HEIGHTS. No. 618 (House Bill No. 781). An Act to amend an Act entitled An Act to amend the charter of the City of Augusta as established by an Act approved January 31, 1798 (Georgia Acts 1798), and as amended by the various amendatory Acts thereof, so as to extend the corporate limits of said city beyond the limits as now defined so as to include: certain territory west of the present limits, now known as Forrest Hills and Wheeler Heights and other territory adjacent thereto and in the vicinity thereof; also certain territory south of the present limits and north of the right-of-way of the Georgia Railroad, now known as King Woods, Lyndon Grove, Fairmont, and other territory adjacent thereto and in the vicinity thereof; and further to provide that said territories shall not be included within the corporate limits of said city unless this amendment is first ratified and approved by a majority of the qualified electors of the territory concerned, voting in an election called for that purpose, which election will have first been petitioned for by at least twenty-five percent (25%) of the territory concerned, in accordance with the provisions of this act; and for other purposes., (Ga. Laws 1951, pp. 3335-3339) by amending Section 2 thereof so as to provide that said territories shall become a part of the City of Augusta ninety (90) days immediately following the election therein provided for rather than on January 1st of the year following such election, and by amending Section 3 thereof so as to provide that it shall not be the duty of the mayor to direct the Ordinary of Richmond County to call an election in the territory concerned until at least twenty-five per cent (25%) of the qualified electors of either of said territories shall so request and a majority of The City Council of Augusta shall vote therefor; and for other purposes. Be it enacted by the General Assembly of the State

Page 2477

of Georgia, and it is hereby enacted by the authority of same: Section 1. That the Act entitled An Act to amend the charter of the City of Augusta as established by an Act approved January 31, 1798 (Georgia Acts 1798), and as amended by the various amendatory Acts thereof, so as to extend the corporate limits of said city beyond the limits as now defined so as to include: certain territory west of the present limits, now known as Forrest Hills and Wheeler Heights and other territory adjacent thereto and in the vicinity thereof; also certain territory south of the present limits and north of the right-of-way of the Georgia Railroad, now known as King Woods, Lyndon Grove, Fairmont, and other territory adjacent thereto and in the vicinity thereof; and further to provide that said territories shall not be included within the corporate limits of said city unless this amendment is first ratified and approved by a majority of the qualified electors of the territory concerned, voting in an election called for that purpose, which election will have first been petitioned for by at least twenty-five percent (25%) of the territory concerned, in accordance with the provisions of this Act; and for other purposes., (Ga. Laws 1951, pp. 3335-3339) is hereby amended as follows: (a) By striking from Section 2 thereof the following language: on January 1st of that year, and substituting in lieu thereof the words ninety (90) days, so that said Section when so amended shall read as follows: Section 2. That each of the said described territories shall become a part of the City of Augusta on the condition that this charter amendment shall be approved and ratified by a majority of the qualified electors of the territory concerned, voting at an election called and held as hereinafter provided; and shall become a part of the City of Augusta ninety (90) days immediately following such approval and ratification. Only qualified electors residing in said territory shall be eligible to vote in said election. Referendum.

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(b) By adding between the words petition and to in the ninth line of Section 3 thereof the following language: a majority of the members of The City Council of Augusta voting therefor, so that said section when so amended shall read as follows: Section 3. That a written petition signed by at least twenty-five percent (25%) of the qualified electors of either of said territories shall be presented to the Mayor of the City of Augusta. Thereafter the Mayor of the City of Augusta shall satisfy himself that at least twenty-five percent (25%) of the qualified electors in the territory concerned have signed the said petition. Thereupon it shall be the duty of the mayor, within 30 days after the presentation to him of the petition, a majority of the members of The City Council of Augusta voting therefor, to direct the Ordinary of Richmond County to call an election in the territory concerned, as hereinafter provided. Petition. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. That there is attached hereto and by reference thereto made a part of this Act an affidavit evidencing the fact that notice of intention to apply for this local legislation has been published in the local newspapers, in which sheriff's notices are run, once a week for three weeks within a sixty day period prior to the introduction of said Act to the General Assembly of Georgia. Notice. Notice is hereby given that the following local legislation will be introduced by the undersigned at the November, 1953 session of the General Assembly of Georgia: An Act. An Act to amend an Act entitled An Act to amend the charter of the City of Augusta as established by an

Page 2479

Act approved January 31, 1798 (Georgia Acts 1798), and as amended by the various amendatory Acts thereof, so as to extend the corporate limits of said city beyond the limits as now defined so as to include: certain territory west of the present limits, now known as Forrest Hills and Wheeler Heights and other territory adjacent thereto and in the vicinity thereof; also certain territory south of the present limits and north of the right-of-way of the Georgia Railroad, now known as King Woods, Lyndon Grove, Fairmont, and other territory adjacent thereto and in the vicinity thereof; and further to provide that said territories shall not be included within the corporate limits of said city unless this amendment is first ratified and approved by a majority of the qualified electors of the territory concerned, voting in an election called for that purpose, which election will have first been petitioned for by at least twenty-five percent (25%) of the territory concerned, in accordance with the provisions of this Act; and for other purposes., by amending Section 2 thereof so as to provide that said territories shall become a part of the City of Augusta ninety (90) days immediately following the election therein provided for rather than on January 1st of the year following such election, and by amending Section 3 thereof so as to provide that it shall not be the duty of the mayor to direct the Ordinary of Richmond County to call an election in the territory concerned until at least twenty-five percent (25%) of the qualified electors of either of said territories shall so request and a majority of The City Council of Augusta shall vote therefor; and for other purposes. John C. Bell, Sam T. Graham, W. W. Holley, Members General Assembly of Georgia. o24, 31, n6 State of Georgia, Richmond County. Personally appeared, Jack E. Webb, who being duly

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sworn says that he is the auditor of Newspaper Printing Corporation, agent for The Augusta Herald, a daily newspaper published in Augusta, in said State and county, and that the advertisement An Act duly appeared in said newspaper on the following dates to wit: October 24-31-November-6-1953. /s/ Jack E. Webb. Sworn to and subscribed before me this 13th day of November, 1953. /s/ Joseph S. Wright Notary Public, Richmond County, Georgia. (Seal) Personally appeared before me the undersigned attesting officer came W. W. Holley, Sam T. Graham and John C. Bell who first being duly sworn on oath depose and say that they are the authors of the foregoing bill and that the notice of intention has been published in the Augusta Herald once a week for three weeks prior to the introduction thereof in the General Assembly. /s/ John C. Bell /s/ W. W. Holley /s/ Sam T. Graham Sworn to and subscribed before me this 17 day of November, 1953. /s/ Julian C. Sipple Notary Public, Chatham County, Georgia. Approved December 11, 1953. AUGUSTAVACANCIES ON COUNCIL. No. 619 (House Bill No. 760). An Act to amend an Act entitled an Act to amend the charter of the City of Augusta, Incorporated and the City Council of Augusta by an Act approved January

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31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to require all persons intending to become candidates at any regular election now fixed by law to be held on the first Wednesday in December for Mayor of the City of Augusta, or for membership in the City Council of Augusta, or any special election therefor, to file notice of such intention; to provide for the regulation of such elections, the mode, method and requirements for the holding of same; to provide for special elections in said city in case of vacancy in the office of mayor or membership in council, or for any other purpose in said city; to provide for the method and manner of calling a special election in said city; to provide for the return of all elections, regular or special in said city and declaration of the results of same; to repeal all laws in conflict herewith; and for other purposes., approved January 31, 1946 (Ga. Laws, 1946, p. 328, et seq.) by amending Section 10 thereof to provide that in case of vacancy in the membership in council said vacancy shall be filled by the mayor, subject to the approval of council; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section 1. That the Act entitled An Act to amend the charter of the City of Augusta, incorporated and the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to require all persons intending to become candidates at any regular election now fixed by law to be held on the first Wednesday in December for Mayor of the City of Augusta, or for membership in the City Council of Augusta, or any special election therefor, to file notice of such intention; to provide for the regulation of such elections, the mode, method and requirements for the holding of same; to provide for special elections in said city in case of vacancy in the office of mayor or membership in council, or for

Page 2482

any other purpose in said city; to provide for the method and manner of calling a special election in said city; to provide for the return of all elections, regular or special in said city and declaration of the results of same; to repeal all laws in conflict herewith; and for other purposes., is hereby amended by striking the last two sentences of Section 10 thereof and substituting in lieu thereof the following two sentences: Sec. 10, Act of 1946, amended. In case of vacancy in the membership of The City Council of Augusta from any ward of said city, said vacancy shall be filled by appointment by the mayor, subject to the approval of council. In all special elections for mayor, all other provisions of this Act as amended as to method, manner and procedure shall apply. Vacancies on council. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. That there is attached hereto and by reference thereto made a part of this Act an affidavit evidencing the fact that notice of intention to apply for this local legislation has been published in the local newspapers, in which sheriff's notices are run, once a week for three weeks within a sixty day period prior to the introduction of said Act to the General Assembly of Georgia. Affidavit of Publication. City Council of Augusta, Ga. Attorney or Agency Business State of Georgia, Richmond County. Personally appeared, Jack E. Webb, who being duly sworn says that he is the auditor of Newspaper Printing Corp., agent for the Augusta Herald a daily newspaper published in Augusta, in said State and county, and that

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the advertisement, An Act, duly appeared in said newspaper on the following dates to wit. October-24-31-November-6-1953. Jack E. Webb Sworn to and subscribed before me this 13th day of November 1953. Joseph S. Wright Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal) Notice. Notice is hereby given that the following local legislation will be introduced by the undersigned at the November, 1953 session of the General Assembly of Georgia: An Act. An Act to amend an Act entitled An Act to amend the charter of the City of Augusta, Incorporated and the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws, 1798), as amended by the various amendatory Acts thereof, so as to require all persons intending to become candidates at any regular election now fixed by law to be held on the first Wednesday in December for Mayor of the City of Augusta, or for membership in the City Council of Augusta, or any special election therefor, to file notice of such intention; to provide for the regulation of such elections, the mode, method and requirements for the holding of same; to provide for special elections in said city in case of vacancy in the office of mayor or membership in council, or for any other purpose in said city; to provide for the method and manner of calling a special election in said city; to provide for the return of all elections, regular or special in said city and declaration of the results of same; to repeal all laws in conflict herewith; and for other purposes., approved January 31, 1946 (Ga. Laws,

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1946, p. 328, et seq.) by amending Section 10 thereof to provide that in case of vacancy in the membership in council said vacancy shall be filled by the mayor, subject to the approval of council; and for other purposes. John C. Bell, Sam T. Graham, W. W. Holley, Members General Assembly of Georgia. O 24, 31, N6 Personally appeared before me the undersigned attesting officer came W. W. Holley, Sam T. Graham and John C. Bell who first being duly sworn on oath depose and say that they are the authors of the foregoing bill and that notice of intention to introduce said bill in the General Assembly of Georgia has been published in the Augusta Herald once a week for three weeks prior to the introduction thereof. John C. Bell W. W. Holley Sam T. Graham Sworn to and subscribed before me this 18 day of Nov. 1953. Frank S. Cheatham, Jr. Notary Public, Chatham County, Ga. Approved December 12, 1953. DADE COUNTY TAX COMMISSIONER'S COMPENSATION. No. 622 (House Bill No. 834). An Act to amend an Act abolishing the offices of Tax Collector and Tax Receiver of Dade County, Georgia, and creating the office of Tax Commissioner of Dade

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County, Georgia, approved March 7, 1935 (Ga. Laws 1935, pp. 617-619) as amended, so as to change the compensation of the tax commissioner from $2100.00 per annum to $2700.00 per annum; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That Section 5 of the Act abolishing the office of Tax Collector and Tax Receiver of Dade County, Georgia, and creating the office of tax commissioner of said county, approved March 7, 1935 (Ga. Laws 1935, pp. 617 to 619), as amended by the Act approved January 13, 1938 (Ga. Laws 1937-1938, Extra Session, pp. 796-797), as amended by the Act approved February 14, 1950 (Ga. Laws 1950, pp. 2374-2375), be and the same is hereby amended by striking from said Section 5 as amended the figures $2100.00, and inserting in lieu thereof the figures $2700.00, and by striking from said section the figures $175.00 and inserting in lieu thereof the figures $225.00, so that said Section 5 as amended shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that said Dade County Tax Commissioner shall receive and be paid, as full compensation for any and all the duties performed by him as receiver and collector of county, school district, and any all other taxes except State, professional, poll, and special taxes, a fixed salary of $2700.00 per annum, to be paid in monthly installments of $225.00 each; and said tax commissioner out of said salary shall pay whatever clerical help that may be necessary for him to have to perform the duties of said office. The said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional, poll, and special taxes collected by him. Compensation. Section 2. There is attached hereto and made a part hereof, a copy of the notice of intention to apply for local

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legislation and the affidavit showing that said notice has been published as prescribed by law. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Dade County. Personally appeared before the undersigned officer, Mrs. Catherine C. Morrison, who on oath says that she is the owner and publisher of the Dade County Times; that the Dade County Times is a newspaper having general circulation in Dade County and is the official organ for said county, and that a legal notice, a true copy of which is hereto attached, was duly published once a week for three weeks in said newspaper on the following dates: October 22, October 29 and November 5, 1953. /s/Catherine C. Morrison. Sworn to and subscribed before me this 14 day of November, 1953. /s/ Robert L. White Notary Public, Dade County, Georgia. (Seal) Notice of Local Legislation. Notice is hereby given that the undersigned intends to apply for passage of local legislation at the next session of the General Assembly of Georgia which convenes November 16, 1953, changing the compensation of the Tax Commissioner of Dade County from $2100.00 per annum to $2700.00 per annum. This 21 day of October, 1953. Maddox Hale Representative Approved December 12, 1953.

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ATHENSCITY ATTORNEY. No. 624 (House Bill No. 774). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to provide that the present term of office of the City Attorney of Athens shall continue until the last day of December, 1953; and so as to provide that thereafter the City Attorney of the City of Athens shall be elected by the Council of the City of Athens annually for a term of one year. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. The present term of the City Attorney of the Mayor and Council of the City of Athens shall continue until the last day of December 1953, and until his successor shall be chosen and shall qualify. Term of incumbent. Section 2. After the expiration of the present term of office of the city attorney as above provided for, the council, at the organizational meeting in January of each year shall elect a city attorney for the Mayor and Council of the City of Athens who shall serve for a term of one year, and until his successor shall be chosen and shall qualify; such term to begin on the 1st day of January and end on the 31st day of December, or as soon thereafter as his successor shall be chosen and shall qualify. Election of successor. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned, in response to a request by the Mayor and Council of the City of Athens, intend to apply to the General Assembly of

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Georgia at the November, 1953, adjourned session thereof for an amendment to the charter of the Mayor and Council of the City of Athens providing that the present term of the city attorney of the Mayor and Council of the City of Athens shall continue until December 31, 1953, and until his successor shall be chosen and qualified; and that thereafter the council at the organizational meeting in January of each year shall elect a city attorney who shall serve for one year and until his successor shall be chosen and qualified. This October 28, 1953. Chappelle Matthews, Robert G. Stephens, Jr. Representatives from Clarke County in the General Assembly of Georgia. O 30, N 6-13 Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell, who, being put upon certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation affecting The Mayor and Council of the City of Athens was published in the Athens Banner-Herald on October 30, 1953, November 6, 1953 and November 13, 1953. /s/ E. B. Braswell Certified, sworn to and subscribed before me this 14th day of November, 1953. /s/ James Barrow Notary PublicClarke Co., Ga. Notarial Seal Affixed. Approved December 12, 1953.

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MONROE CHARTER AMENDED. No. 626 (House Bill No. 821). An Act to amend an Act creating a new charter for the City of Monroe, approved December 3, 1896 (Ga. Laws 1896, p. 212), as amended, particularly by an Act approved August 13, 1904 (Ga. Laws 1904, p. 542) and by an Act approved August 24, 1931 (Ga. Laws 1931, p. 903), so as to change the hours during which the polls in said city shall be kept open; to increase the salary of the recorder; to increase the maximum fine that the recorder may impose; to provide for a natural gas system; to change provisions relating to officers of utility systems; to provide the method of sale, lease or other disposition of said natural gas system; to provide for distribution and sale of natural gas within and without the corporate limits of the City of Monroe; 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 Monroe, approved December 3, 1896 (Ga. Laws 1896, p. 212), as amended, particularly by an Act approved August 13, 1904 (Ga. Laws 1904, p. 542) and by an Act approved August 24, 1931 (Ga. Laws 1931, p. 903), is hereby amended by striking from the first sentence of Section 6 the words and figures 8 o'clock A. M. till 4 o'clock P. M. and inserting in lieu thereof the words and figures 7 o'clock A. M. till 6 o'clock P. M., so that Section 6 when so amended shall read as follows: Sec. 6 amended. Section 6. Be it further enacted by the authority aforesaid, that the polls at all elections held in and for said city shall be open from 7 o'clock A. M. till 6 o'clock P. M., when they shall be closed, and the managers of said elections shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall keep two lists of voters and two tally sheets,

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and shall make a certificate of the results on each tally sheet, placing one of the lists of voters and one tally sheet in the ballot box with the tickets voted in said election, seal them up and turn the same over to the marshal, who shall keep the same for twenty days after the election, and after the expiration of that time he shall destroy the same without inspection, unless notice of a contest has been filed. The other list and tally sheet shall be turned over to the clerk of council. Election hours. Section 2. Said Act, as amended, is further amended by striking from Section 42 the figure $20.00 and inserting in lieu thereof the figure $40.00, so that Section 42 when so amended shall read as follows: Sec. 42 amended. Section 42. Recorder. Be and it is hereby enacted by the authority aforesaid, that the office of recorder be, and the same is hereby created in and for the City of Monroe, Georgia. Said recorder to be elected by the Mayor and Council of the City of Monroe for a term of two years and until his successor is elected and qualified. Said recorder to be elected at the first regular meeting of the Mayor and Council of the City of Monroe, after the passage of this Act, to serve until their first meeting in January, 1943, and thereafter to be elected every two years at their first meeting in January. Any male person of said city, of good moral character, is qualified to hold said office, except the Mayor and members of the Council of the City of Monroe. Said recorder may be removed by the mayor and council for misconduct or neglect of duty, as provided in case of other officers of said city. Before entering upon his duty, he shall take the same oath as prescribed for mayor and council and shall receive as compensation for his services the sum of $40.00 per month. In the absence or disqualification of the recorder, the Mayor of the City of Monroe 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. Recorder. Compensation. Section 3. Said Act, as amended, is further amended

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by striking the figure $100.00 from Section 43, and inserting in lieu thereof the figure $200.00, so that Section 43 when so amended shall read as follows: Sec. 43 amended. Section 43. Punitive powers. Be and it is hereby enacted by the authority aforesaid that the 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 the city. He shall hold police court as often as may be necessary for the purpose, and shall have power to preserve order, compel the attendance of witnesses, compel the production of material, books, papers, or documents to be used as evidence, and upon conviction of any person for a violation of any of the laws of said city, to sentence such person to labor on the streets, or any other works of said city, for a period not exceeding 100 days, or imprisonment in the city prison or other places of confinement in said city, for a period not exceeding 50 days, or to impose a fine not exceeding $200.00, either one or all of said penalties may be inflicted for any offense in the discretion of said court. Said court shall have the power to punish for contempt by imprisonment, not exceeding 20 days, or a fine not exceeding $10.00 either or both. The recorder's court shall have all the authority heretofore vested by the original 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, and wherever the term `mayor' appears in said charter, as amended, in connection with such duties, the word `recorder' is hereby substituted in lieu thereof. All cases pending in mayor's court at the time of the passage of this Act shall be transferred to the recorder's court. Recorder's court. Fines. Section 4. Said Act, as amended, is further amended by striking from Section 3 of the said amendatory Act of 1904 the words provided, such officers shall not be eligible to hold such office more than four years in succession, so that Section 3 when so amended shall read as follows: Sec. 3, Act of 1904, amended.

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Section 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City of Monroe may, at their discretion, establish, erect, equip and maintain a system of waterworks in and for said city, with or without a sewerage system, and do such work and lay such pipes and mains over the land of others, in or outside of said city, as is necessary, and to buy, or condemn, and to assess the damages therefor, as is now provided by law, either in or outside of said city, such lands as is found necessary, for the purpose of erecting and maintaining such system. That said mayor and council shall have authority to create by ordinance such offices, and elect all officers necessary to carry out the provisions of this Act in erecting and maintaining such system of waterworks; to fix the terms of such officers and their compensation for services. That said mayor and council shall have authority, from time to time, at their discretion, to call elections and submit the matter of issuing bonds to raise money to erect such system of waterworks to the voters of said city, as provided by law in the matter of municipal bonds; and if said election is carried, to issue such bonds, and sell such amount, as is required to raise the necessary funds. That they shall have authority to do all other acts not in conflict with other provisions of this charter, or the Constitution and laws of said State, necessary to carry out the purposes of this section. Waterworks. Section 5. Said Act, as amended, is further amended by striking from Section 4 of said amendatory Act of 1904 the words provided, that such officers shall not be eligible to hold such offices more than four years in succession, so that when so amended Section 4 shall read as follows: Sec. 4, Act of 1904, amended. Section 4. Be it enacted by the authority aforesaid, that said mayor and council shall have power, at their discretion, to establish, erect and maintain a system of electric lights in and for said city, and to buy, or condemn any lands, and assess the damages therefor, in or outside of said city, necessary for the erection and maintenance of the same. They shall have authority to create by

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ordinance such offices, and elect such officers as is necessary to carry out the provisions of this Act; to fix the terms of office of such officers and their compensation for service. That said mayor and council shall have authority, from time to time, at their discretion, to call elections and submit the matter of issuing bonds to raise money to erect such system of electric lights to the voters of said city, as provided by law in the matter of issuing municipal bonds; and if such election is carried for bonds, to issue such bonds and sell such amount as is required to raise the necessary funds. They shall have authority to do all other acts not in conflict with other provisions of the charter of said city, or the Constitution and laws of said State, necessary to carry out the purpose of this section. Electric lights. Section 6. Said Act, as amended, is further amended by adding a new section to the said amendatory Act of 1904, to be numbered Section 4-A, to read as follows: Sec. 4, Act of 1904 amended. Section 4-A. Said mayor and council shall have the power, at their discretion, to establish, erect and maintain a natural-gas system in and for said city, and to buy or condemn any lands and assess the damages therefor in or outside of said city, necessary for the erection and maintenance of the same. They shall have authority to create by ordinance such offices and elect such officers as deemed necessary to carry out the provisions of this Act in erecting and maintaining such system, and shall have authority to fix the terms of office of such officers and their compensation. The said mayor and council shall have authority, at their discretion, to call elections and submit the matter of issuing bonds to raise money to erect, enlarge and maintain such natural-gas system to the voters of said city, as provided by law in the matter of issuing municipal bonds, and if such election is favorable to the issuance of such bonds, the mayor and council shall have authority to issue such bonds and sell such amount as is required to raise the necessary funds. They shall have authority to do all other acts not in conflict with other provisions of the charter of said city or the

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Constitution and laws of this State necessary to carry out the purposes of this section. Natural-gas system. Section 7. Said Act, as amended, is further amended by adding after the words nor the water system in Section 1 of said amendatory Act of 1931, the words Nor the natural-gas system, so that Section 1 when so amended shall read as follows: Sec. 1, Act of 1931, amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved December 3rd, 1896, providing a new charter for the City of Monroe, Georgia, is hereby amended by adding thereto the following: The electric light and power system, nor the water system, nor the natural-gas system owned by the City of Monroe shall be sold, leased, or otherwise disposed of, unless authorized by a vote of two thirds of the registered voters of said city voting at an election for such purpose to be held as prescribed by the law; provided said two thirds so voting shall be a majority of the registered voters of said city. Sale of utility systems. Section 8. Said Act, as amended, is further amended by adding in Section 2 of said amendatory Act of 1931 after the words power system, the words and natural-gas system, and by adding after the words electric energy the words and natural gas, so that Section 2 when so amended shall read as follows: Sec. 2, Act of 1931, amended. Section 2. Be it further enacted by the authority aforesaid, that the charter of the City of Monroe, Georgia, as amended by Act of the General Assembly approved August 13th, 1904, be further amended as follows: The City of Monroe, Georgia, in addition to all the powers conferred upon it by Act of the General Assembly of Georgia, approved August 13th, 1904, empowering it to own and operate a system of waterworks and electric lights, is hereby further authorized to construct and maintain its waterpipes and mains and electric light and power system, and natural-gas system outside

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of said city limits, and to furnish and sell water and electric energy and natural gas to consumers living or located outside of the corporate limits of said city, and make any necessary provision therefor by ordinances. Utilities; service outside corporate limits. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Walton. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Sanders Camp, who, having been first duly sworn on oath, deposes and says that he is the managing editor of the Walton Tribune, a newspaper in which are published the sheriff's advertisements for Walton County, Georgia; that the notice of intention to apply for passage of local bill, copy of which is attached below this certificate, was published in the Walton Tribune in the issues of October 28th, November 4th, and November 11th, 1953. /s/ Sanders Camp. Sworn to and subscribed before me this 16th day of November, 1953. /s/ Virginia A. Bagwell Notary Public, Walton County, Ga. (Seal) Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia a bill to amend the charter of the City of Monroe, so as to change the hours during which the polls shall be kept open; to increase the salary of the recorder; to increase the maximum fine that the recorder may impose; to provide for a natural-gas system; to change provisions relating to officers of various utility systems; to provide the method of sale, lease or other disposition of said natural-gas system; to provide for distribution and sale of natural gas within and without the corporate

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limits of the City of Monroe; to repeal conflicting laws; and for other purposes. This 26th day of October, 1953. L. D. Wall, City Clerk, City of Monroe. (43 44 45) Approved December 12, 1953. GLYNN COUNTYORDINARY'S RETIREMENT. No. 627 (House Bill No. 716). An Act to provide retirement compensation for the Ordinary in the County of Glynn in certain instances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Any Ordinary of the County of Glynn holding such office for any period of time after the passage of this Act, who thereafter retires after having held such office for at least thirty-five years continuously and having attained the age of 65 years, shall receive retirement compensation in the amount of two hundred and fifty ($250) dollars per month, payable monthly: Provided, it shall not be necessary that all of such thirty-five years of continuous service be served prior to the passage of this Act. Retirement compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Fulton. Personally appeared before the undersigned, an officer

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authorized to administer oaths under the laws of Georgia, Bernard N. Nightingale and Charles L. Gowen, who having been first duly sworn on oath depose and say that they are the authors of the foregoing bill to amend the charter of the City of Brunswick; and that the notice of intention to apply for such local legislation, copy of which is attached below this affidavit, was published in The Brunswick News, a newspaper in which are published the sheriff's advertisements for Glynn County, Georgia in the issues of said newspaper of October 6, 13, 20, 1953; and that this affidavit is made by the undersigned as required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, ratified August 7, 1945. /s/ Bernard N. Nightingale /s/ Chas. L. Gowen Sworn to and subscribed before me this 16 day of November, 1953. /s/ C. W. Worrill, Justice Supreme Court of Georgia. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the adjourned session of the General Assembly which reconvenes on November 16, 1953, a local bill to be entitled: An Act to provide retirement compensation for the Ordinary in the County of Glynn in certain instances; to repeal conflicting laws; and for other purposes. Charles L. Gowen, B. N. Nightingale, Representatives of Glynn County, Georgia. 9/29 10/6-13-20 Approved December 12, 1953.

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CITY COURT OF OGLETHORPEJUDGE'S SALARY. No. 628 (House Bill No. 720). An Act to amend an Act establishing a City Court of Oglethorpe in the County of Macon, and for other purposes, approved August 22, 1907 (Ga. Laws 1907, p. 215), as amended, more particularly as amended by an Act approved August 14, 1908 (Ga. Laws 1908, p. 203), and an Act approved August 18, 1913 (Ga. Laws 1913, p. 277), so as to increase the salary of the judge of the city court from fifteen hundred dollars ($1500.00) per annum to twenty-four hundred dollars ($2400.00) per annum, payable monthly; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing a City Court of Oglethorpe in the County of Macon, approved August 22, 1907 (Ga. Laws 1907, p. 215), as amended, more particularly as amended by an Act approved August 14, 1908 (Ga. Laws 1908, p. 203), and an Act approved August 18, 1913 (Ga. Laws 1913, p. 277), is hereby amended by striking from Section 4 of said Act, as amended, the words fifteen hundred (1500) in the last sentence thereof, and by substituting in lieu thereof the words twenty four hundred (2400), so that said section, when so amended, shall read as follows: Sec. 4 amended. Be it further enacted, that there shall be a judge of said City Court of Oglethorpe who shall be chosen and commissioned in the following manner. There shall be held a special election in Macon County on the first Wednesday in October, 1907, at which a judge of said city court shall be elected by the qualified voters of said county; said election to be held under the same rules and regulations as elections for members for the General Assembly are held, the returns of said election to be made to the Governor who shall issue a commission to the person

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elected as such judge at said election; said person so elected to be so commissioned for and to hold said office under such commission until the first day of January 1909, and until his successor is elected and qualified; all the laws now of force in this State with reference to the registration and qualification of voters for said election shall apply to the said election as they apply to the other special elections. At the next regular election for county officers of said County of Macon to be held on the first Wednesday in October 1908, there shall be elected a judge of said city court for a term of four years from said first day of January 1909, and until his successor is elected and qualified, and thereafter the term of office of said judge shall be four years and he shall be elected by the qualified voters of Macon County at the same time and in the same manner as other county officers by said County of Macon are elected; and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be so commissioned for a term of four years instead of two. In case of vacancy in said office of city court judge from death, resignation, removal or otherwise, the Governor shall fill vacancy by appointment of some fit and proper person to hold said office for the unexpired term. The judge of said City Court of Oglethorpe shall receive a salary of twenty four hundred dollars per annum which shall be paid monthly out of the treasury of said County of Macon. Judge. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. November 14, 1953. To whom it may concern: This is to certify that Notice of Intention to Introduce Local Legislation increasing the salary of Judge of City Court of Oglethorpe from $125.00 per month to $200.00 per month was published for three weeks: October 29, November 5 and November 12, in the Citizen Georgian, official organ of Macon County. /s/ J. C. Cox J. C. Cox, Publisher

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/s/ J. H. Patterson, N. P. Georgia State at Large. My com. exp. 3/19/55. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia a bill increasing the judge's salary of the City Court of Oglethorpe from $125.00 per month to $200.00 per month, and for other purposes. This 26 day of October, 1953. T. L. Coogle, Representative, Macon County. 10-29-53-3t-cg. Approved December 12, 1953. LAMAR SUPERIOR COURTCLERK'S COMPENSATION. No. 629 (House Bill No. 718). An Act to supplement the compensation of the Clerk of the Superior Court of Lamar County; 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. The Clerk of the Superior Court of Lamar County shall be paid a salary of five hundred dollars ($500.00) per annum, payable in equal monthly installments from the general funds of Lamar County, in addition to and as a supplement to the fees which he receives as clerk. Compensation.

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Section 2. This Act shall become of full force and effect on January 1, 1954. Section 3. 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 October 29, 1953, November 5, 1953 and November 12, 1953. /s/ William W. Dennis Sworn to and subscribed before me this 12th day of November, 1953. /s/ Cecil C. McKoy, N. P. Notary Public. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia, a bill to supplement the compensation of the Clerk of the Superior Court of Lamar County; and for other purposes. This 27th day of October, 1953. L. G. Lifsey, Rep. Lamar Co., Ga. Joe B. Adams, Senator, 22nd Dist. Approved December 12, 1953.

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EVANS CONTY COMMISSIONERSCOMPENSATION. No. 630 (House Bill No. 780). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Evans, State of Georgia, approved August 16th, 1915, (Ga. Laws 1915, p. 220), as amended by an Act approved August 4th, 1927, (Ga. Laws 1927, p. 576), so as to fix the compensation of the members of said board of commissioners, 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 approved August 16th, 1915, (Ga. Laws 1915, p. 220), creating a Board of Commissioners of Roads and Revenues for the County of Evans, State of Georgia, as amended by an Act approved August 4th, 1927, (Ga. Laws 1927, p. 576), is hereby amended by striking from Section 1 of said amendatory Act approved August 4th, 1927, (Ga. Laws 1927, p. 576) the following the sum of twenty five ($25.00) dollars, each, per month, wherever same appears in said section and inserting in lieu thereof the following, the sum of forty ($40.00) dollars, each, per month, so that Section 1 of said amendatory approved August 4th, 1927 (Ga. Laws 1927, p. 576), when so amended shall read as follows: Sec. 1, Act of 1927, amended. Section 1. Be it enacted by the authority aforesaid, that members of the Board of Commissioners of Roads and Revenues of Evans County, State of Georgia, shall receive as their compensation the sum of forty ($40.00) dollars, each per month. And said commissioners shall elect a clerk of said board, whose duty it shall be to keep a record of the actings and doings of the board at the courthouse in said county, said records to be open to the inspection of any citizen of said county at all times, if the same do not conflict with the meetings of the board; and he shall perform such other duties as may be assigned

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him by said board, and he shall keep all the books and records of his office in a neat, first-class and business-like condition at all times. He shall receive compensation for all his duties as such clerk in the amount of fifty ($50.00) dollars per month. Said clerk shall not be a member of said board of commissioners. The commissioners shall at their first meeting elect a chairman of said board from their own membership, who shall act as such chairman during the entire time of said board. Said commissioners, before entering upon their duties as such, shall take an oath before the ordinary for the faithful performance of their duties. Compensation. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Evans County. Before the undersigned officer duly authorized to administer oaths, personally came Milton B. Beckerman, who being duly sworn, on oath says: That he is the owner and publisher of the Claxton Enterprise, the official gazette of Evans County, Georgia, and that the attached clipping is from an advertisement which was run in said paper in issues of the following dates: September 17th, and 24th; and October 8th, 1953. /s/ Milton B. Beckerman Sworn to and subscribed before me, this the 16th day of November, 1953. /s/ S. T. Brewton N. P. Georgia, State at Large. (Seal) Notice of Local Legislation. Notice is hereby given that a bill will be presented to the General Assembly of Georgia, at the adjourned session convening in November, 1953, to amend the Act creating the Commissioners of Roads and Revenues of Evans County, Georgia, (Acts 1915, p. 220) and Acts

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amendatory thereof, so as to increase the compensation of said commissioners. This September 15, 1953. S. T. Brewton Clerk, Board of Commissioners. (48) Approved December 11, 1953. SPRING PLACESTREET AND ALLEY CLOSING AUTHORIZED. No. 631 (House Bill No. 832). An Act to close certain streets and alleys in Spring Place, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. All that portion of the street leading from the west side of the Spring Place-Calhoun Road to the alley immediately west of the Spring Place-Calhoun Road, being a distance of one block, the same being without name, having been abandoned for over twenty years, and being immediately south of the Spring Place Grammar School Addition property and immediately north of the property of B. E. Pritchett, is hereby declared abandoned, vacated and closed. Description. Section 2. All that portion of the alley leading from the south side of the Tibbs Bridge Road to the above described street in Section 1, being a distance of one block, the same being without name, having been abolished to traffic for over twenty years, and being immediately west of the Spring Place Grammar School Addition and immediately east of the property of B. E. Pritchett, is hereby declared abandoned, vacated and closed. Description.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Murray County. Personally appeared before the undersigned 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 in Murray County, Georgia, and in which newspaper the sheriff's advertisements for said county are published; that the notice of local legislation to close an alley in Spring Place, Georgia, a copy of which notice is hereto attached, was published in said The Chatsworth Times in the issues of October 22 and 29, and November 5, 1953. /s/ Roy McGinty, Jr. Sworn to and subscribed before me this 16th day of November, 1953. /s/ F. R. Kindrick Clerk Superior Court Murray County, Georgia. 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 street leading from the west side of the Spring Place-Calhoun Road to the alley immediately west of the Spring Place-Calhoun Road, being a distance of one block, the same being without name, having been abandoned for over twenty years, and being immediately south of the Spring Place Grammar School Addition property and immediately north of the property of B. E. Pritchett, and, also, to abolish that portion of the alley leading from the south side of the Tibbs Bridge Road to the above described street, being a distance of one block, the same being without name, having been abolished to traffic for over twenty years, and being immediately west of the

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Spring Place Grammar School Addition and immediately east of the property of B. E. Pritchett. Respectfully, Odell Ingle. Approved December 12, 1953. GREENE COUNTY TAX COMMISSIONER. No. 632. (House Bill No. 828). An Act to consolidate the offices of Tax Receiver and Tax Collector of Greene County into the office of Tax Commissioner of Greene County; to provide for term of office; to provide for the election of the tax commissioner; to provide the method of filling vacancies; to provide the rights, duties and liabilities of said office; to provide for compensation; to provide for giving bond; to provide that all taxes due and all tax fi. fas. issued shall remain of full force and effect and be collectible; to provide that the tax commissioner shall be ineligible for certain offices; to provide for clerical help; to provide that the tax commissioner shall not have to make rounds to collect taxes; to provide that the laws of force as to tax receivers and tax collectors shall be of full force and effect as to the tax commissioner so far as the same are applicable; 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. Effective January 1, 1957, the office of Tax Receiver and the office of Tax Collector of Greene County are hereby consolidated into the office of Tax Commissioner of Greene County. The rights, duties and liabilities of the said office of tax commissioner shall be the same as those imposed upon tax receivers and tax

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collectors by the laws of this State, so far as the same are applicable. Tax-commissioner. Section 2. The first election for the office of tax commissioner, created herein, shall be held at the same time the 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 years. Likewise, all future elections for tax commissioner shall be held at the same time as other county officers are elected, and the tax commissioner shall likewise have a term of office of four years and until his successor is elected and qualified. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled as vacancies are now filled in the office of tax collector. Until January 1, 1957, the Tax Receiver and the Tax Collector of Greene County shall continue in office and perform all of their respective duties. Election and term. Section 3. All taxes due and payable at the time the tax commissioner takes office, and all tax fi. fas. therefore issued by the Tax Collector of Greene County, shall have full force and effect and be collectible as issued. Outstanding taxes. Section 4. The Tax Commissioner of Greene County 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 Greene, the State of Georgia, and other taxing units for which he may collect taxes. The tax commissioner shall also receive any and all fees which may be hereafter provided for tax receivers and tax collectors. Compensation. Section 5. The tax commissioner shall be furnished an office in the Greene County courthouse and shall keep said office open for the transaction of business as other county officers do. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving or collecting taxes. Office. Section 6. The tax commissioner is authorized to employ

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such employees 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 which he receives. Employees. Section 7. The tax commissioner shall be ineligible to serve as a member of the board of tax assessors or as clerk of said board. Section 8. The tax commissioner, before entering upon the duties of his office, shall take the oath now prescribed by law for the tax collector and shall give bond in the amount of ten thousand dollars ($10,000.00), which bond shall be conditiooned for the faithful performance of his duties and shall be made payable to the Ordinary of Greene County for the use of Greene County. Oath, bond. Section 9. Any other provisions of this Act to the contrary notwithstanding, in the event the tax collector or the tax receiver shall die or resign, the office of tax commissioner shall be immediately created and the surviving one shall become the tax commissioner, and this Act shall become of full force and effect as of that date. Section 10. 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 there will be introduced at the November 1953 session of the General Assembly of Georgia, a bill to consolidate the offices of Tax Collector and Tax Receiver of Greene County into the office of Tax Commissioner of Greene County, to become effective January 1, 1957; and for other purposes. This 13th day of October, 1953. Miles Walker Lewis, Representative, Greene County. Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 2509

duly authorized to administer oaths, Miles Walker Lewis, who, on oath, deposes and says that he is Representative from Greene County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Greensboro Herald-Journal, which is the official organ of Greene County, on the following dates: Oct. 16, 1953, Oct. 23, 1953, and Oct. 30, 1953. /s/ Miles Walker Lewis Representative, Greene County Sworn to and subscribed before me, this 18th day of November, 1953. /s/ Frank H. Edwards Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved December 12, 1953. ROMETAX RATE. No. 634 (House Bill No. 820). An Act to amend Section 42 of the Act of 1918 (Georgia Laws 1918, pp. 813-885) creating a new charter for the City of Rome as amended by an Act of 1929 (Ga. Laws 1929, p. 1254) and an Act of 1945 (Ga. Laws 1945, p. 685) and an Act of 1950 (Ga. Laws 1950, p. 2113); said Section 42 relating to the rate of taxes and the apportionment of the same; to increase said tax rate; and to repeal all laws and parts of laws in conflict herewith. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Page 2510

Section 1. That Section 42 of the Act of 1918 (Ga. Laws 1918, pp. 813-885) as amended and especially as amended by an Act of 1950 (Ga. Laws 1950, p. 2113), relating to the tax rate of the City of Rome and the apportionment of the same is hereby amended by striking and repealing all of said Section 42 of said Act, as amended, and especially as amended by an Act of 1950 (Ga. Laws 1950, p. 2113) and by inserting in lieu thereof the following, to be known as Section 42: Section 42. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for the support and maintenance of the government of said City of Rome, including the payment of bonds, interest on the bonded debt, and the creation of a sinking fund for the extinguishment of said bonded debt, and for paving and macadamizing streets, and for all other purposes, the said city commission shall have full power and authority for the assessment, levy and collection of ad valorem taxes on real and personal property owned or held within the corporate limits of said city which, under the laws of the State, is subject to taxation, not to exceed three and eight tenths percent of the assessed value of all such property, provided one and five-tenths percent of the assessed value of all such property shall be used only for the support and maintenance of the public school system of said City of Rome, including buildings, repairing buildings and improving school grounds. And provided further that it shall not be mandatory on the governing authorities to levy the full amount of said school tax or the full amount of taxes provided for all purposes, but if the full amount of taxation provided for, amounting to three and eight-tenths percent is levied, one and five-tenths percent shall be for school purposes. Tax rate. Section 2. All laws and parts of laws in conflict with this Act are hereby expressly repealed. Section 3. The notice and affidavit attached hereto are specifically made a part of this Bill and reference is made thereto.

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Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came Robert L. Scoggin, who, on oath, says that he is a member of the General Assembly from Floyd County, Georgia, 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 the 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 18th day of November, 1953. /s/ Robert L. Scoggin Sworn to and subscribed before me this 18 day of November, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Notice of Proposed Local Legislation, 1953 Adjourned Session, General Assembly of Georgia. Notice is hereby given that the 1953 adjourned session of the Georgia General Assembly, local legislation will be proposed amending the Rome city charter for the purpose of raising revenue for the support and maintenance of the government of said City of Rome, including the payment of bonds, interest on the bonded debt, and the creation of a sinking fund for the extinguishment of said bonded debt, and for paving and macadamizing streets, and for all other purposes, the said city commission shall have full power and authority for the assessment, levy

Page 2512

and collection of ad valorem taxes on all real and personal property owned or held within the corporate limits of said city which, under the laws of the State, is subject to taxation, not to exceed three and eight-tenths percent of the assessed value of all such property, provided one and five-tenths percent of the assessed value of all such property shall be used only for the support and maintenance of the public school system of said City of Rome, including buildings, repairing buildings and improving school grounds. And provided further that it shall not be mandatory on the governing authorities to levy the full amount of said school tax or the full amount of taxes provided for all purposes, but if the full amount of taxation provided for, amounting to three and eight-tenths percent is levied, one and five-tenths percent shall be for school purposes. The only charter provision to be amended and affected by said proposed legislation is Section 42, Rome Charter Amendments, passed by the General Assembly of Georgia in 1945, approved February 19, 1945 (Acts 1945, p. 685), as amended by an Act approved February 8, 1951, (Ga. Laws 1950, p. 2113). City of Rome, By John Yarbrough, Chairman, Rome City Commission. Attested: F. L. Sammons, Secretary, Rome City Commission. Oct. 30; Nov. 6, 13. (Seal) Approved December 12, 1953.

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DONALSONVILLESTREET CLOSINGS AUTHORIZED. No. 635 (House Bill No. 724). An Act to authorize and direct the Mayor and Council of the City of Donalsonville to close and vacate certain named streets in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The City of Donalsonville, by and through its mayor and council, is hereby authorized and directed to close and vacate certain streets in the Crestview Subdivision of said city, namely: Alexander Avenue from Bennett Street to Plain Street, Adams Avenue from Bennett Street to Plain Street, Baldwin Street from Pugh Avenue to an alley west of Friendship Avenue. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Seminole County. I, Waldo Mcleod, do hereby certify that I am the editor of the Donalsonville News, 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: October 16, 1953, October 23, 1953, October 30, 1953. Waldo E. Mcleod, Editor. Sworn to and subscribed before me this 13th day of November, 1953. M. S. Garwood Notary Public.

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Notice. As required by law, notice is hereby given that I will introduce for passage in the November adjourned session of the 1953 General Assembly a bill to close certain streets in the Crestview Subdivision, in the City of Donalsonville, Georgia, namely: Alexander Avenue from Bennett Street to Plain Street, Adams Avenue from Bennett Street to Plain Street, Baldwin Street from Pugh Avenue to an alley west of Friendship Avenue. This 12th day of October, 1953. J. J. Cummings, Representative Seminole County, Georgia. Approved December 12, 1953. LAW BOOKS TO GLYNN COURT OF ORDINARY. No. 114 (House Resolution No. 245-790d). A Resolution. To provide the Court of Ordinary of Glynn County certain enumerated volumes of the Georgia Supreme Court Reports. Whereas, certain volumes of the Georgia Supreme Court Reports belonging to the Court of Ordinary of Glynn County have been lost or destroyed; and Whereas, such reports are necessary for said court 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 Glynn County without cost the following volumes of the Georgia Supreme Court Reports:

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1 through 12, 15 through 19, 21 through 28, 30 through 40, 44, 47, 48, 53, 57, 59 through 61, 64, 70, 72, 73, 80, 87 through 91, 94, 121, 137. Be it further resolved that if for any reason the State Librarian cannot furnish the volumes above specified, the Governor is hereby authorized to draw his warrant on the State Treasurer for the amount required to purchase said reports provided funds are available from any unappropriated funds. Approved December 12, 1953. LAW BOOKS TO CANDLER COUNTY. No. 115 (Senate Resolution No. 78). A Resolution. Whereas, most of the law books belonging to Candler County, Georgia, have been lost or destroyed; and Whereas, such books so lost or destroyed are necessary for the County of Candler to officially transact its business and that of the State: Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be and is hereby authorized and directed to furnish to the Clerk of the Superior Court of Candler County, Georgia, without costs to said county except for payment of packing and transportation charges, the following volumes, to wit: Volume 10, 18, 38, 39, 121, 123, 147, 148, 151, 158, 178 and 197 of the Georgia Reports. Volumes 1, 15, 16, 19, 21, 24, 25, 27, 28, 30, 31 and 32 of the Georgia Appeals Reports. The Clerk of the Superior Court of Candler County, Georgia, is hereby made the custodian of all the

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volumes above listed for the use of the officers of the Superior Court of Candler 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 on any unappropriated funds in the State treasury, provided said funds are available for this purpose. Approved December 12, 1953. CITY COURT OF MACONJUDGE PRO TEM. No. 639 (House Bill No. 758). An Act to amend an Act entitled An Act to amend `an Act to establish the City Court of Macon, in and for the County of Bibb; to define its jurisdiction and powers: to provide for the appointment of a judge, and the other officers thereof, and for other purposes,' approved August 14, 1885, and all Acts amendatory thereof, by providing for the appointment of a judge pro tempore and fixing his compensation, and for other purposes; to increase the per diem compensation of such judge pro tempore; to permit payment of actual expense of persons non-resident of Bibb County while serving as such judge pro tempore; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 2 of an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) entitled: An Act to amend `An Act to establish the City Court of Macon, in and for the County of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge, and the other officers thereof, and for other purposes,' approved August 14, 1885, and all Acts amendatory thereof,

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by providing for the appointment of a judge pro tempore and fixing his compensation, and for other purposes, be and the same is amended in the following respects: Sec. 2, Act of 1949, amended. (a) By striking from said Section 2 the words, figures, signs and symbols, ten dollars ($10.00) per diem and inserting in lieu thereof the words, figures, signs and symbols, twenty dollars ($20.00) per diem; (b) By adding to said Section 2 as hereby amended in (a) above, a new sentence to read: The County Board of Commissioners for the County of Bibb are authorized in their discretion, to pay in addition to the per, diem compensation set forth above, and similarly from the funds of Bibb County, the actual expense of persons, non-resident of Bibb County, which expenses are incurred by such persons in serving as such judge pro tem. (c) Said Section 2 as amended hereby shall read: Section 2. That whenever the judge of said city court is unable, from any cause, to discharge the duties of his office, or from any cause is disqualified or prevented from presiding; or whenever, in the opinion of said judge, the business of said court is congested, the said judge shall have the power to designate a judge of a superior court or a judge of a city court to preside in said City Court of Macon; and the said judge of the said City Court of Macon shall have the power and authority to appoint some competent attorney at law resident of Bibb County, as judge pro tem. of said court, to preside in said court in his stead, in the trial of both civil and criminal cases, and the attorney so appointed as judge pro tem., when the appointment is entered upon the minutes of said court, shall exercise all the functions of the judge thereof. The compensation of said attorney for actual services as judge pro tem. and/or the presiding judge of the superior or city court shall be twenty dollars ($20.00) per diem, to be paid as the other officers of said court

Page 2518

are paid. The County Board of Commissioners for the County of Bibb are authorized in their discretion, to pay in addition to the per diem compensation set forth above, and similarly from the funds of Bibb County, the actual expense of persons, non-resident of Bibb County, which expenses are incurred by such persons in serving as such judge pro tem. Judge pro tem. Compensation. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say: That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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 and is the newspaper in which sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953. John B. Harris, Jr. Andrew W. McKenna Denmark Groover, Jr. Sworn to and subscribed before me this the 17 day of November, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal)

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Public Notice. Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows: (1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, p. 1371, and as amended) preserving, however, the vested rights of employees in such pension laws; (2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal social security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits; (3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith; (4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a non-resident of Bibb County to authorize payment, in the discretion of the county commissioners, of expense actually incurred by such person in so presiding; (5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning

Page 2520

such matters and to provide means and methods for enforcement and for punishment of violators; (6) A constitutional amendment to authorize the General Assembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions. (7) A constitutional amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators; (8) A constitutional amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them. Marvin L. Newberry Clerk, County Board of Commissioners for the County of Bibb. Approved December 17, 1953. ALMA-BACON COUNTY PLANNING COMMISSION. No. 640 (House Bill No. 976). An Act to enable Bacon County and the City of Alma, Georgia to establish a joint planning commission to

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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 Bacon (hereinafter referred to as the board of commissioners) and the Mayor and Council of the City of Alma, Georgia (hereinafter referred 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, as follows: Creation and appointment. (1) The Mayor of Alma. (2) One member of the City Council of Alma, appointed by the mayor and confirmed by City Council of Alma. (3) Two other citizens of City of Alma, appointed by the mayor and confirmed by city council. (4) The chairman of the Board of Commissioners of Roads and Revenues of Bacon County. (5) Two residents of Bacon County, residing either in or outside the corporate limits of Alma, to be appointed by chairman and confirmed by Board of Commissioners of Roads and Revenues of Bacon County. 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 appontive

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membership shall be filled within a reasonable time in the same manner as the initial appointment, but only for the unexpired term. The appointing officers 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 services of a city planner and such other employees or consultants as are necessary. Rules, staff, finances. 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. Section 3. Planning Commission: Powers and duties . The commission shall have the general purpose of guiding 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 Alma and Bacon County with due regard for the surrounding areas, to make, adopt, amend, detail, extend and add to the master plan for the physical development of the city and county as defined in Section 4 of this ordinance.

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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. 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 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.

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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 Alma and Bacon County, and may include: 1. The general location, character, and extent of roads, streets, bridges, tunnels, viaducts, parks, park-ways, waterways, waterfront developments, playgrounds, airports, forests, reservations and other public ways, grounds, places and spaces. 2. The general location of public buildings and other public property. Master plan. 3. The general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication, 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 for classification of land as required by these uses and purposes.

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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 of master plan. 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 Bacon County or the City of Alma, nor shall any real property be acquired by the county or city, until and unless 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,

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unless a longer period be granted by the board of commissioners, the council or other submitting authority. Legal effect of plan. 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, watersupply 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. 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, or 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

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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 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 Bacon 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

Page 2528

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. Zoning and official map: Procedure. 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 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 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

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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 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

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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. Subdivision regulation. 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. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to enable Bacon County and the City of Alma, 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

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the powers and duties of said commission; and for other purposes. Braswell Deen, Jr., Representative of Bacon County. C 11-5-12-14 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 of 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: November 12, November 19, and November 26, 1953. /s/ Braswell Deen, Jr. Representative, Bacon County Sworn and subscribed to before me, this 30 day of November, 1953. /s/ W. K. Dean Notary Public. Towns Co. Com. exp. 1-2-57. Approved December 17, 1953. MUNICIPAL COURT OF SAVANNAHSALARY OF ASSOCIATE JUDGE. No. 644 (House Bill No. 734). An Act amending the Act creating and establishing the Municipal Court of Savannah, approved August 13, 1915, and the Acts amendatory thereto, including the Acts approved February 9, 1949 and February 15, 1952; by prescribing and fixing the salary of the associate judge of said court.

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Section 1. Be it enacted by the General Assembly of the State of Georgia and it is enacted by authority of the same, that Section 3 of the Act approved February 15, 1952 amending the Act creating the Municipal Court of Savannah, be and the same is hereby repealed by striking said Section 3 in its entirety and inserting in lieu thereof a new section to read as follows: Section 3. Be it further enacted that Section 5 of the Act approved February 9, 1949 be and the same is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section to read as follows: Sec. 5, Act of 1949, amended. `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 from and after the passage of this Act the Associate Judge of the Municipal Court of Savannah shall receive a salary of six thousand ($6,000.00) dollars per annum, which shall be paid in monthly installments by the Commissioner of Chatham County and Ex-officio Judges thereof who are hereby directed and authorized to pay the same out of the treasury of Chatham County.' Salary. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. A copy of the notice of intention to apply for this legislation and an affidavit showing the publication of such notice as required by law are attached hereto 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 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

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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 Introduction of Local Bills. Notice to the public is hereby given that there will be introduced at the November adjourned term, 1953, of the General Assembly of Georgia Acts entitled Acts amending the Act creating the Municipal Court of Savannah and the amendatory and supplementary Acts thereto by increasing the over a hundred dollar civil jurisdiction of said court from $300.00 to $500.00; by changing the title of bailiff and deputy bailiffs of said court to sheriff and deputy sheriffs; by giving the court jurisdiction to try and make final disposition of peace warrants originating in said court; by repealing the provisions of the present law which provides an appeal to the other two judges of said court in cases under $100.00; by fixing the salary of the associate judge of said court, and by repealing all laws and parts of laws in conflict with the provisions of said acts. Washington Falk, Clerk of the Municipal Court of Savannah (Seal of Court) has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of October 24-31, November 7, 1953. /s/ Herman Exley. Sworn to and subscribed before me this 9th day of November, 1953. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Seal) Approved December 17, 1953.

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CHEROKEE COUNTY COMMISSIONER'S COMPENSATION. No. 646 (House Bill No. 984). An Act to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, so as to change the compensation of the commissioner; 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. An Act creating the office of Commisioner of Roads and Revenues of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, 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: Section 7. The Commissioner of Roads and Revenues of Cherokee County shall be compensated in the amount of eight thousand dollars ($8,000.00) per annum, to be paid in equal monthly installments from the general funds of said county. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Local Legislation. Notice is hereby given of intention to apply for local legislation at the next regular session of the General Assembly of the State of Georgia, which convenes within sixty days after the first publication of this notice, so as to amend an Act entitled an Act creating the office of Commissioner of Roads and Revenue of Cherokee County, Georgia, approved August 9, 1915, as amended by an Act approved February 12, 1945, and other Acts

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amendatory to said original Act, so as to increase and fix the annual salary of the Commissioner of Roads and Revenue of Cherokee County, and to provide for the payment of the same and for other purposes. Amendments germane to said legislation may be offered and enacted as provided by law. This 29 day of September, 1953. Dr. Grady Coker, Senator. D. Carl Tallant, Representative. Georgia, Cherokee County: In person before the undersigned attesting officer duly authorized by law to administer oaths appeared C. E. Owen, who on oath deposes and says: That he is co-owner and co-publisher of the Tribune Printing Company and publishes the North Georgia Tribune, a weekly newspaper in which legal advertisements are carried. I published in said paper during the weeks of October 8th, October 15th and October 22nd, 1953 an advertisement Notice of Intention to apply for the Passage of Local Legislation, a copy of which appears on the front page of the tear sheet. /s/ C. E. Owen C. E. Owen Sworn to and subscribed to before me this 16th day of November, 1953. /s/ C. B. Holcombe C. S. C. Notarial Seal affixed. Approved December 17, 1953.

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CAIROELECTION AND TERMS OF COUNCILMEN. No. 648 (House Bill No. 957). 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 change the terms of office of the councilmen and place upon staggered terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Gerogia as follows: Section 1. 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 is hereby amended by adding on to the end of said Act the following: (A) The length of the terms of office of the councilmen in and for the City of Cairo elected from wards one (1), three (3), and the councilmen from the city at large at the regular election held in and for the City of Cairo on the first Wednesday in November, 1954, shall be elected for a term of four (4) years beginning January 1, 1955, and thereafter the terms of office of these councilmen shall be for the term of four (4) years and until their successors are elected and qualified. (B) The length of the terms of office of the councilmen in and for the City of Cairo elected from wards two (2) and four (4) at the regular election held in and for the City of Cairo on the first Wednesday in November, 1956, shall be elected for a term of four (4) years beginning January 1, 1957, and thereafter the terms of office of these councilmen shall be for the term of four (4) years and until their successors are elected and qualified.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act to become effective upon its approval. 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 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. 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. I do further certify that the following notice of local legislation, to wit: To Whom It May Concern. You are hereby notified that the undersigned intends to introduce in the 1953 November session of the General Assembly of the State of Georgia, a local or special bill for the purpose of amending that certain Act approved August 6, 1906 (Ga. Laws 1906, p. 573) incorporating the City of Cairo, as amended from time to time, so that the terms of office of the councilmen, beginning at the end of the present term, may be placed upon staggered terms so that a portion of said councilmen may be elected in a given year and the remainder of the councilmen may be elected in a different given year.

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This the 27th day of October, 1953. R. A. Harrell, Representative Grady County, Georgia. was published in said Cairo Messenger in the issues thereof published on October 30th, November 6th, and November 13th, 1953. /s/ H. H. Wind, Jr. H. H. Wind, Jr. Sworn to and subscribed before me, on this 21st day of November, 1953. /s/ Geo. G. Smith Notary Public, Grady County, Ga. Approved December 17, 1953. ROSSVILLETAX ASSESSOR'S COMPENSATION. No. 651 (House Bill No. 1017). An Act to amend the charter of the City of Rossville, Georgia, creating the office of tax assessor for said city (Sec. 5, Ga. Laws 1931, pp. 942-952), appoved August 14, 1931, by striking from said Section 5 the figure $400.00 and inserting in lieu thereof the figure $1,000.00, and by strking the figure $600.00 and inserting in lieu thereof the figure $1,500.00; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 14, 1931 (Ga. Laws 1931, pp. 942-952), creating the office of tax assessor for the City of Rossville, Georgia, is hereby amended by strking from Section 5 the figure $400.00, and inserting

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in lieu thereof the figure $1,000.00, and by striking the figure $600.00, and inserting in lieu thereof the figure $1,500.00, so that said section when so amended shall read as follows: Sec. 5, Act of 1931, amended. Sec. 5. Be it further enacted by the authority aforesaid, that section 3 of the amended charter of the City of Rossville, as embodied and approved August 10th, 1910, shall be stricken, and the following inserted in lieu thereof: Be it further enacted, that on the first Saturday in December, 1932, and each and every two years thereafter, the citizens of said city shall elect one tax assessor, who shall be a resident of said city, and a taxpayer, and an owner of real estate therein. The present tax assessors shall hold office until the first Saturday in December, 1932, and until their successor is elected. It shall be the duty of the tax assessor to keep separate books of assessment and place all street tax assessments in one book, and all other assessments in another book. The tax assessor shall receive as compensation for his services not less than $1000.00 per year and not more than $1500.00, the amount to be fixed by the mayor and council. Until the next election in 1932 the assessors shall receive the same compensation as they have received in the past. Tax assessor. Compensation. 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 application will be made at the session of the General Assembly of Georgia, which will convene on November 16, 1953, for the passage of a bill as follows: An Act to amend the charter of the City of Rossville creating the office of tax assessor for said city by Section 5, Georgia Laws 1931, pages 942-952, approved August 14, 1931, by striking from said Section 5 the figure $400.00 and inserting in lieu thereof the figure $1,000.00, and by striking the figure $600.00 and inserting

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in lieu thereof the figure $1,500.00 wherever the same may appear and for other purposes. This 3rd day of November, 1953. V. W. Bennett, Mayor of the City of Rossville, Georgia. Georgia, Walker County: Personally appeared before me, the undersigned attesting officer duly authorized by law to administer oaths, E. P. Hall, who, being first duly sworn, deposes and says that he is the editor and publisher of the Walker County Messenger, the newspaper in which the sheriff's advertisements in and for said county are published. That the above and foregoing Notice of Intention to Apply For Local Legislation has been published in said newspaper once a week for three weeks, same having appeared in the regular issues of November 4th, 11th, and 18th, 1953. /s/ E. P. Hall E. P. Hall Sworn to and subscribed before me, this 1st day of December, 1953. /s/ Betty Lou Hall Notary Public. My commission expires 7/31/56. Notarial seal affixed. Approved December 17, 1953.

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CITY COURT OF BAXLEYAMENDMENTS. No. 652 (House Bill No. 1018). An Act to amend an Act establishing the City Court of Baxley in Appling County, and for other purposes, approved December 1, 1897 (Ga. Laws 1897, p. 420), and the several Acts amendatory thereof; more particularly an Act approved December 21, 1897 (Ga. Laws 1897, p. 520), an Act approved August 22, 1905 (Ga. Laws 1905, p. 174), and an Act approved August 1, 1921 (Ga. Laws 1921, p. 286), so as to provide that said court shall not have jurisdiction to try cases involving offenses against the liquor laws of this State in certain instances, by providing that the solicitor of said court shall be entitled to a fee of $50.00 for each case in which he represents the State in appeal to the Supreme Court or Court of Appeals; to provide that the procedure as to pleading, process, appearance date and trial term as now or hereafter provided in the superior courts shall be applicable to said city court; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 3 of an Act creating the City Court of Baxley, Georgia, approved December 1, 1897 (Ga. Laws 1897, p. 420), and the several Acts amendatory thereof; more particularly an Act approved December 21, 1897 (Ga. Laws 1897, p. 520), an Act approved August 22, 1905 (Ga. Laws 1905, p. 174), and an Act approved August 1, 1921 (Ga. Laws 1921, p. 286), relating to the jurisdiction of said city court as to criminal cases, is hereby amended by strking said section and substituting in lieu thereof the following: Section 3. The City Court of Baxley shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Appling, when the offender is not subject to loss of life or confinement in

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the penitentiary; provided, however, said court shall have no jurisdiction to try offenses against the liquor laws of this State, as provided in Title 58 of the Code (except as provided in Chapter 58-6), as amended more particularly as amended by an Act approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103). Criminal jurisdiction. Section 2. Section 6 of said Act, as amended, relating to the solocitor's compensation and fees, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Section 6. There shall be a Solicitor of said City Court of Baxley, to be elected by the qualified voters of said County of Appling at the general election for county officers to be held last preceding his term of office, whose term of office shall be two years. The fees of said solicitor shall be as follows: He shall be paid a salary of eight hundred dollars ($800.00) out of the treasury of Appling County, to be paid monthly upon orders granted by the ordinary thereof at the end of each month, which salary shall be full compensation for all services rendered in said City Court of Baxley of every kind whatever. Said solicitor shall receive the sum of $50.00 for each case carried to the Supreme Court or Court of Appeals of this State in which said solicitor represents the State. Solicitor. Compensation. Section 3. Section 19 and Section 33 of said Act, both of which sections relate to the procedure and practice in said court, are hereby repealed in their entirety, and in lieu thereof a new section is hereby enacted to be known as Section 19, which shall read as follows: Section 19. The general laws of this State, as respects the commencement of suits, the appearance date, the trial term, the time of commencement of suit, the time in which all defensive pleadings must be filed, the time in which all demurrers and pleas of the plaintiff to the defendant's answer or other pleadings must be filed, and all general laws of this State with regard to defenses, set-offs, affidavits of illegality, arbitration,

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examination of witnesses by interrogatory, deposition or under subpoena, witnesses and their attendance, continuance, and all other matters pertaining to pleading and practice and all matters of a judicial nature within the jurisdiction of said city court, as now or hereafter provided by general law for the superior courts, shall be applicable to said city court. Procedure and practice. Section 4. An Act regulating the practice in the City Court of Baxley, Georgia, approved December 31, 1897 (Ga. Laws 1897, p. 520), is hereby repealed in its entirety. Act of 1897 repealed. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Baxley, Ga., November 21, 1953. This is to certify that I, Albert S. Jenkins, am publisher of the Baxley News-Banner, official organ of Appling County in which sheriff's sale are advertised and that the notice of local legislation as herewith set forth was advertised in the issues of November 5, November 12 and November 19, 1953: Notice of Local Legislation This is to state that application will be made to the November-December part of the 1953 session of the General Assembly of Georgia for the passage of legislation amending the Act creating the City Court of Baxley, Georgia Laws 1897, and all Acts amendatory thereof, and to provide that the time for the filing and serving of suits and the trial of same and the rules of pleading and practice in said court, shall be the same as in the superior courts of this State and providing and fixing further the number of terms annually and the date or time such terms of city court shall be held. Also amending that part of the Act which sets forth the jurisdiction of the court.

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This notice is published as required by law. Curtis L. Hamilton Representative Appling Co., Ga. Signed Albert S. Jenkins Publisher, The Baxley News-Banner. Approved December 17, 1953. THOMASVILLEWATER AND LIGHT DEPARTMENT. No. 654 (House Bill No. 1027). An Act to amend an Act entitled An Act to amend an Act approved October 3rd, 1889, entitled `An Act to incorporate the Town of Thomasville as the City of Thomasville,' as amended by the Act approved August 9th, 1904, and the several other Acts thereof; so as to provide for the establishment of a fund to be known as City of Thomasville Water Light Department General Reserve Fund; to provide the amount of, the uses of, and the manner of maintaining said fund; to provide that the water light plants and systems of said city shall not be sold nor leased without first being authorized by two-thirds majority vote in an election held for that purpose; and for other purposes, approved March 1, 1933, as amended, by striking from Section 2 of said Act of March 1, 1933, the provisions which allow the cessation of mandatory payments into said reserve fund when it reaches the sum of $125,000.00, and which provide for discretionary accumulations above that amount; so that said Act as amended shall provide for mandatory quarterly payments into said reserve fund of twenty (20%) percent of the net income before depreciation charges derived from the operation of the water and light

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plants and systems owned and operated by the City of Thomasville; 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 Act approved March 1, 1933, amending the charter of the City of Thomasville (Ga. Laws of 1933, pp. 1109-1113, inclusive) and as amended by the Act of 1943 (Ga. Laws of 1943, pp. 1601-1616) be, and the same is, hereby amended as follows: Sec. 2, Act of 1933, amended. By strking from Section 2 of the aforesaid Act of March 1, 1933 (Ga. Laws of 1933, p. 1110) the following language: it being the purpose of this Act to create and maintain a reserve fund of $125,000. Provided, when and if said fund shall amount to $125,000, such payments of money into said reserve fund shall cease, except when necessary to keep the amount of said fund up to $125,000; and provided further, that, upon recommendation of the City of Thomasville Water and Light Commission and approval of city council, said payments into said fund may be continued after it has reached the amount of $125,000. So that said Section 2 of said Act of 1933 as amended shall read: Section 2. Be it further enacted, that a fund shall be created and maintained to be known as the City of Thomasville Water Light Department General Reserve Fund. The City of Thomasville, from revenues derived from the operations of its water and light plants and systems now owned or which it may hereafter acquire, shall pay into said fund quarterly hereafter, on March 31st, on June 30th, on September 30th, and on December 31st, twenty (20%) percent of the net income for the preceding three months from its said plants and systems, and before depreciation charges are made. The monies in said fund shall be used and applied solely for improvements, extensions, and replacements of the lands, buildings, equipment, and distribution systems now owned and used or which may hereafter be acquired by the City of

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Thomasville in connection with the operations of its water and light plants; and shall not be used or applied for ordinary operation and maintenance nor for ordinary service connections. Water and light department general reserve fund. Section 2. Be it furher enacted that this Act shall become effective on January 1, 1954. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. 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 general 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 6th, 13th, and 20th days of November, 1953. Witness my signature this 24th day of November, 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 an Act entitled `An Act to amend an Act approved October 3rd, 1889, entitled An Act to

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incorporate the Town of Thomasville as the City of Thomasville, as amended by the Act approved August 9th, 1904, and the several other Acts thereof; so as to provide for the establishment of a fund to be known as City of Thomasville Water Light Department General Reserve Fund; to provide the amount of, the uses of, and the manner of maintaining said fund; to provide that the water light plants and systems of said city shall not be sold nor leased without first being authorized by two-thirds majority vote in an election held for that purpose; and for other purposes,' approved March 1, 1933, as amended, by strking from Section 2 of said Act of March 1, 1933, the provisions which allow the cessation of mandatory payments into said reserve fund when it reaches the sum of $125,000.00 and which provide for discretionary accumulations above that amount; so that said Act as amended shall provide for mandatory quarterly payments into said reserve fund of twenty (20%) percent of the net income before depreciation charges derived from the operation of the water and light plants and systems owned and operated by the City of Thomasville; and for other purposes. This 4th day of November, 1953. Board of Commissioners. City of Thomasville. Approved December 17, 1953. COUNTY OFFICERS IN CERTAIN COUNTIES. No. 655 (House Bill No. 978). An Act to amend an Act entitled An Act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of other court or courts), the sheriff, the ordinary, the tax collector, and the tax receiver (or tax commissioner): to

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make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs: to provide for deputies, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies clerks and assistants: to provide for the furnishing the sheriff in such counties with automobiles necessary for carrying on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide that no county official, deputy assistant, or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any xtra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to provide for the payment of such officers, deputies, clerks, or assistants by the fiscal agent of such county: to provide for the employment of a full-time comptroller by the county commissioners, to audit all county offices and agencies quarterly; to provide for ratification or rejection of this Act by the qualified voters of the counties so affected; to repeal conflicting laws or parts of laws; and for other purposes. approved February 14, 1950, and all Acts amendatory thereto, by changing the number of deputy sheriffs, whose annual salaries shall be not less than $2700 nor more than $3600, allowable thereunder from two to four, and changing the number of deputy clerks, whose annual salary shall be not less than $1800 nor more than $2400 allowable thereunder from two to three; 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 of the General Assembly of the State of Georgia entitled: `An Act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of other court or courts), the sheriff, the ordinary, the tax collector, and the tax receiver (or tax commissioner): to make provisions regulating the carrying out of such changes; to

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regulate the collection and disposition of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants; to provide for the furnishing the sheriff in such counties with authomobiles necessary for carrying on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide that no county official, deputy, assistant, or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to provide for the payment of such officers, deputies, clerks, or assistants by the fiscal agent of such county; to provide for the employment of a full-time comptroller by the county commissioners, to audit all county officers and agencies quarterly; to provide for ratification or rejection of this Act by the qualified voters of the counties so affected; to repeal conflicting laws or parts of laws; and for other purposes, approved February 14, 1950, and all Acts amendatory thereto, be and the same are hereby amended as follows: Act of 1950 amended. (a) By striking from the first line of the third subparagraph of Section 3 of said Act approved February 14, 1950, the figure 2, and inserting in lieu thereof the figure 4, so that said subparagraph, as so amended, will read as follows: 4 deputy sheriffs, whose annual salaries shall be not less than $2700 nor more than $3600 per annum;. Deputy sheriffs. (b) By striking from the first line of the third subparagraph of Section 5 of said Act approved February 14, 1950, the figure, comma and words 2 deputy clerks, whose annual salary and inserting in lieu the figure, comma, words 3 deputy clerks, whose annual salaries so that said subparagraph, as so amended, will read as follows; 3 deputy clerks whose annual salaries shall be not

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less than $1800, not more than $2400, payable in equal monthly installments;. Deputy clerks. 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 December 17, 1953. BRINSON CORPORATE LIMITS. No. 656 (House Bill No. 1000). An Act to amend an Act incorporating the Town of Brinson in Decatur County, Georgia; and for other purposes approved August 22, 1907 (Ga. Laws 1907, p. 484), as amended by an Act approved August 11, 1909 (Ga. Laws 1909, p. 568) so as to redefine the corporate limits of said town so as to include additional territory; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 2 of an Act incorporating the Town of Brinson in Decatur County, Georgia, approved August 22, 1907 (Ga. Laws 1907, p. 484), as amended by an Act approved August 11, 1909 (Ga. Laws 1909, p. 568) is hereby amended by striking said section of said Act in its entirety and by substituting in lieu thereof a new section which shall be as follows: Sec. 2. Act of 1909 amended. Section 2. The corporate limits of the Town of Brinson shall include all that portion of Lot of Land Number 211 east of Spring Creek; the west half of Lot of Land Number 251; the west half of Lot of Land Number 250; the southwest quarter of Lot of Land Number 249; the south half of Lot of Land Number 232; all that portion of the south half of Lot of Land Number 209 that is east

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of Spring Creek; all of Lot of Land Number 210 that is east of Spring Creek; and all Lots of Land Number 230 and 231; each of said lots and parts thereof being in the 27th District of Decatur County, Georgia. Corporate limits. Section 2. That all laws and parts of law in conflict with this Act are hereby repealed. Georgia, Decatur County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, H. Carl Cloud and J. Willis Conger who, after being duly sworn, depose and say that they are Representatives from Decatur County to the General Assembly of the State of Georgia, and that the attached copy of Notice of Local Legislation was published in the Post Searchlight, which is the official organ of Decatur County, Georgia, on the 12th day of November, the 19th day of November, and the 26th day of November, 1953. /s/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Sworn to and subscribed before me, this 30th day of November, 1953. /s/ Robert L. Russell Notary Public, Georgia. Notice of Intention to Introduce Local Bill. State of Georgia, County of Decatur. Notice is hereby given, and you are, by these presents, notified that at the November term of the 1953 session of the Georgia General Assembly which will convene on the 16th day of November, 1953, that a bill will be introduced amending the Act to incorporate the Town of Brinson in Decatur County, Georgia, and amendments thereto, and that this legislation will extend the town

Page 2552

limits of the Town of Brinson, Georgia so that, as extended, the town limits will consist of all that portion of Lot of Land Number 211 east of Spring Creek; all of Lot of Land Number 230; the west half of Lot of Land Number 250; the west half of Lot of Land Number 251; the southwest quarter of Lot of Land Number 249; the south half of Lot of Land Number 232; all that portion of the south half of Lot of Land Number 209 that is east of Spring Creek; all of Lot of Land Number 210 that is east of Spring Creek; and all of Lot of Land Number 231; each of said lots and parts thereof being in the 27th District of Decatur County, Georgia. This the 6th day of November, 1953. /s/ H. Carl Cloud H. Carl Cloud /s/ J. Willis Conger J. Willis Conger Representatives, Decatur County, Georgia. Approved December 17, 1953. EAST POINTRETIREMENT SYSTEM AMENDED. No. 658 (House Bill No. 1039). An Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. Section 11 of an Act approved January 31, 1946 (Ga. Laws, 1946, p. 491) is amended by adding a new paragraph (f) thereto to read as follows: Sec. 11, Act of 1946, amended.

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(f) When an East Point officer or employee who is a member of the East Point employees retirement system shall die before retirement without having designated anyone to whom a refund or benefits shall be paid when due such refund or benefits shall be paid to such person, firm or corporation as shall be designated by the retirement board of trustees for the use and benefit of the person or persons legally or equitably entitled thereto by reason of relationship or by reason of payment of funeral or last illness expenses of such deceased, whereupon said board shall stand discharged and relieved from any and all obligations to said deceased member or to his heirs, executors, administrators, successors or assigns. Refunds, benefits. When no beneficiary designated. Section 2. Notice of intention to apply for this local legislation was published three (3) times in the Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, 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 13th day of October, 1953, and once each week thereafter for 7 consecutive weeks as provided by law. /s/ Frank Kempton

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Subscribed and sworn to before me this 3rd day of December, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation amending the charter of said city at the adjourned session of the General Assembly of Georgia when it rconvenes in November, 1953, and that the title or caption of each bill introduced will be: An Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several acts amendatory thereof; and for other purposes. This October 12th, 1953. Ezra E. Phillips, East Point City Attorney. Oct. 13, 20, 27 tfn Approved December 17, 1953. CITY COURT OF CAIROAMENDMENTS. No. 662 (House Bill No. 1012). An Act to amend an Act establishing the City Court of Cairo, in Grady County, approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, so as to provide for the compensation of the solicitor and the clerk of said court; to provide for the fees of the sheriff; to provide

Page 2555

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 establishing the City Court of Cairo, in Grady County, approved August 8, 1906 (Ga. Laws 1906, p. 191), as amended, is hereby amended by striking in its entirety Section 1a, which reads as follows: 1a. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from criminal cases tried in said court, except the proportion due the solicitor after the expiration of the term of the present solicitor which are to be paid into the county treasury as provided for by Section 8, as amended herein, shall be subject to the payment of the fees of the clerk and sheriff of said court. After the expiration of the present terms of the present clerk and sheriff of said court, all of said fines and forfeitures, after payment of sheriff fees provided for in Section Eleven (11), as amended herein shall be turned into the treasury. Fines and forfeitures. Section 2. Said Act, as amended, is further amended by striking in its entirety Section 8, relating to the compensation of the solicitor, and inserting in lieu thereof a new Section 8 to read as follows: Section 8. Be it further enacted, that the fees of the solicitor of the city court shall be the same as the fees allowed to solicitors-general for similar services in the superior courts. The fee for drawing an accusation shall be the same as that allowed to solicitors-general for drawing a bill of indictment. All fees to which the solicitor is entitled and which he receives shall be paid into the county treasury by the solicitor and shall become county funds, and the solicitor and shall receive as compensation for his services the sum of two hundred fifty dollars ($250.00) per month, which shall be in lieu of all fees, commissions, costs or perquisites of whatever kind which would otherwise accrue to him as solicitor. Solicitor's compensation.

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Section 3. Said Act, as amended, is further amended by striking in its entirety Section 11, relating to the compensation of the clerk and sheriff, and inserting in lieu thereof a new Section 11 to read as follows: Section 11. Be it further enacted, that the fees of the clerk shall be the same as the fees for similar services allowed to clerks of the superior court. All fees to which the clerk is entitled and which he receives shall be paid into the county treasury and shall become county funds, and the clerk shall receive as compensation for his services the sum of two hundred fifty dollars ($250.00) per month, which shall be in lieu of all fees, commissions, costs or perquisites of whatever kind, in criminal cases, which would otherwise accrue to him as clerk. In addition to said sum of two hundred fifty dollars ($250.00), the clerk shall be paid an additional sum of one hundred fifty dollars ($150.00) per month in order to provide for the services of a deputy clerk. The fees, compensation, allowances and costs which the clerk receives in civil cases shall not be affected by this Act, and the fees, compensation, allowances and costs, if any, which the clerk receives for services in the superior court in any type case shall not be affected by this Act. Compensation of clerk and deputy. Section 4. Said Act, as amended, is further amended by adding a new section, to be known as Section 11A, to read as follows: Section 11A. The sums provided as compensation for the solicitor and the clerk, as set out herein, shall be paid monthly by the county commissioners out of the county treasury, and that portion of the fines and forfeiture funds of the city court in criminal cases which would otherwise accrue and be payable to the clerk and solicitor, respectively, under the procedure relating to fines and forfeitures for the solicitor-general and clerk of the superior court, shall be paid from time to time, at least quarterly, into the county treasury by the solicitor acting as disbursing officer for the city court and of the fines and forfeitures thereof, and shall thereafter be general county funds. How paid.

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Section 5. Said Act is further amended by adding a new section, to be known as Section 11B, to read as follows: Section 11B. The four hundred dollars ($400.00) total monthly salary and allowance for the clerk, and the two hundred fifty dollars ($250.00) monthly salary for the solicitor, shall be the maximum compensation for such officers. In the event that their total and aggregate portions of the city court fines and forfeiture fund arrived at in the manner set out hereinbefore should not total seven thousand eight hundred dollars ($7,800.00) in the aggregate (representing twelve month's salary and allowance, or four thousand eight hundred dollars ($4,800.00) for the clerk, and twelve month's salary, or three thousand dollars ($3,000.00) for the solicitor) for any calendar year in the future, their salaries shall be reduced proportionately for that calendar year to the aggregate amount actually paid into the county treasury by the solicitor as their total and aggregate portions of the fines and forfeitures for that particular calendar year, it being the purpose of this Act that no part of said salaries of said officers shall ever be paid from any other county funds derived from any other sources other than from the fines and forfeitures from the City Court of Cairo. Each calendar year shall be separate and independent when determining whether their salaries shall be reduced, and, if it is determined that such salaries must be reduced in any year under the formula provided herein, such officers must make a prompt refund to the county and upon failure so to do, the amount determined as overpayment may be proportionately deducted by the county commissioners from subsequent salary checks, with 48/78ths of the total overpayment to be deducted from payments to the clerk, and 30/78ths from overpayments to the solicitor, until the total overpayment has been fully deducted. Limitations, on amount received. Section 6. Said Act is further amended by adding a new section, to be known as Section 11C, to read as follows:

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Section 11C. The sheriff of the city court shall receive the same fees, costs, compensation and allowances provided for similar services for the sheriff of the superior court, and his portion of the fines and forfeitures shall be paid to him by the solicitor. Sheriff. Section 7. This Act shall become effective January 1, 1954. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Grady County: I, H. H. Wind, do hereby certify that I am the editor and publisher of the Cairo Messenger, a newspaper in which the sheriff's advertisements for Grady County, Georgia, are published: I do further certify that the following notice of local legislation to wit: Notice. Georgia, Grady County: To Whom It May Concern: You are hereby notified that the undersigned intends to introduce in the session of the General Assembly of the State of Georgia to convene on November 16, 1953, a local or special bill entitled: An Act to amend an Act entitled `An Act to establish the City Court of Cairo, in and for the County of Grady; to define its jurisdiction and powers; to provide for the election of a judge and solicitor thereof, also other officers thereof; to provide for their compensation, powers and duties, and for other purposes,' approved August 8, 1906, and all Acts amendatory thereof,so as to fix and limit the salaries of the solicitor and clerk and the fees or compensation of and for the sheriff of said Court of Cairo; to provide the manner and method of paying the fees or compensation of said sheriff and the salaries of said solicitor and clerk;

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to provide for the disposition of all fines and forfeitures; to repeal conflicting laws; and for other purposes. This the 27 day of October, 1953. R. A. Harrell, Representative, Grady County, Georgia. 11-6-3t. was published in said Cairo Messenger in the issues thereof published on November 6, 1953, November 13, 1953, and November 20, 1953. /s/ H. H. Wind Sworn to and subscribed before me on this 24th day of November, 1953. /s/ Hazel Harrison Notary Public, Grady County, Georgia. Notarial seal affixed. Approved December 17, 1953. NEWNANLAND CONVEYANCE AUTHORIZED. No. 664 (House Bill No. 873). An Act authorizing the City of Newnan, Georgia, through its proper officials to convey certain property to the State of Georgia; authorizing the Georgia Forestry Commission to accept the conveyance of said property and to construct thereon the desired and necessary buildings to be used in the forestry service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Whereas, the City of Newnan, Georgia, owns certain property being five acres more or less in

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Land Lot 24 of the Second District of Coweta County, Georgia, which it desires to convey to the State of Georgia to be used for forestry service by the Georgia Forestry Commission, which, because of its very desirable location, will be of peculiar value to said Forestry Commission, but because of its location, the officials of the City of Newnan do not desire to convey said property in fee simple, but desire to convey said property with a reversionary clause so that said property if abandoned for forestry purposes will revert to the City of Newnan; and Whereas, the Georgia Forestry Commission desires to construct on said property certain desired and necessary buildings for use of forestry. Section 2. Now, therefore, be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the proper officials of the City of Newnan, Georgia, be and they are hereby authorized to convey said property to the State of Georgia and the Georgia Forestry Commission on behalf of the State of Georgia is hereby authorized to accept the conveyance of same with a reversionary clause contained in the deed of conveyance to be executed which will provide that in the event the State of Georgia abandons said property for forestry purposes then in that event the title of said property will revert to the City of Newnan. The Georgia Forestry Commission is further hereby authorized to construct or cause to be constructed on said property the desired or necessary buildings to be used in connection with the forestry service. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1953.

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MUNICIPAL COURT OF COLUMBUSMARSHAL AND DEPUTIES. No. 665 (House Bill No. 977). An Act to amend an Act approved February 6, 1952 amending an Act approved August 12, 1915 (Ga. Laws 1915, pp. 63 to 79) entitled, An Act to abolish justice courts and the office of the justice of the peace, and for other purposes, and Acts amendatory thereof, to authorize the increase of the maximum of the salaries of the deputy marshals of the Municipal Court of Columbus and to increase the allowance for maintenance of the marshal's automobile and of each deputy marshal's automobile for properly conducting the business of said court, and for other purposes; to repeal Sections 12 and 14 of said Act approved February 6, 1952, and to enact new sections in lieu thereof to accomplish the above purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same: That Section 12 of said Act approved February 6, 1952 is hereby repealed and a new section is hereby substituted in lieu thereof to read as follows: Sec. 12, Act of 1952, amended. Section 12. Be it further enacted by the authority aforesaid, that the salary of the marshal of said court shall be forty-eight hundred dollars ($4,800.00) per annum, and that the allowances for the maintenance of the marshal's automobile to properly conduct the business of said court shall be such amount, not less than five hundred twenty-eight ($528.00) dollars per annum, as may be fixed by the Commissioners of Roads and Revenues of Muscogee County, and to be paid by the Commissioners of Roads and Revenues of Muscogee County, in equal monthly installments out of the treasury of Muscogee County. Marshal's salary. Automobile. Section 2. Be it further enacted by the authority aforesaid that Section 14 of said Act is hereby repealed

Page 2562

and a new section is hereby substituted in lieu thereof to read as follows: Sec. 14 amended. Section 14. Be it further enacted by the authority aforesaid, that the marshal of said court shall appoint a deputy marshal or marshals for properly conducting the business of said court, as the business of said court may demand, but such appointment or appointments shall be by and with the approval of the Judge of the Municipal Court of Columbus; provided, further, that the salary of each deputy marshal of said court shall be a minimum of twenty-seven hundred dollars ($2700.00) per annum and a maximum of thirty-six hundrd dollars ($3600.00) per annum, at the discretion of the Commissioners of Roads and Revenues of Muscogee County, and the allowances for the maintenance of each deputy marshal's automobile to properly conduct the business of said court shall be such amount, not less than five hundred twenty-eight ($528.00) dollars per annum, as may be fixed by the Commissioners of Roads and Revenues of Muscogee County, and to be paid by the Commissioners of Roads and Revenues of Muscogee County in equal monthly installments out of the treasury of Muscogee County. Deputy marshals. Salary. Automobile. 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. 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 are published, once a week for three weeks during a period of 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. Section 5. This Act shall be effective upon passage and approval.

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Notice of Local Legislation. Notice is hereby given of an intention to apply at the session of the General Assembly of Georgia convening November 16, 1953 for the passage of a local bill entitled, An Act to amend an Act approved August 12, 1915 (Ga. Laws 1915, pp. 63 to 79) entitled, `An Act to abolish justice courts and the office of the justice of the peace, and for other purposes,' and Acts amendatory thereof, to authorize the increase of the maximum of the salaries of the deputy marshals of the Municipal Court of Columbus and to increase the allowance for maintenance of the marshal's automobile and of each deputy marshal's automobile for properly conducting the business of said court, and for other purposes; to repeal Sectins 12 and 14 of said Act approved February 6, 1952 and to enact new sections in lieu thereof to accomplish the above purposes. This 29th day of October, 1953. /s/ Jack P. Ramsay Jack Ramsay 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 amend an Act approved August 12, 1915 (Ga. Laws 1915, pp. 63 to 79) entitled, `An Act to abolish justice courts and the office of the justice of the peace, and for other purposes,' and Acts amendatory thereof, to authorize the increase of the maximum of the salaries of the deputy marshals of the Municipal Court of Columbus and to increase the allowance for maintenance of the marshal's automobile and of each deputy marshal's automobile for properly conducting the business of said court, and for other purposes; to repeal Sections 12 and 14 of said Act approved February 6, 1952 and to enact new sections in lieu thereof to accomplish the above purposes, has been published as provided by law once a week for three weeks, to wit: November 3, November 10 and November 17, 1953, during a 60-day period immediately

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preceding introduction of said bill into the General Assembly. 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/ M. R. Ashworth M. R. Ashworth, Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me this 18th day of November, 1953. /s/ Nellie S. Parker Notary Public, Muscogee County, Ga. (Seal) Approved December 17, 1953. TROUP COUNTY PENSION SYSTEM AMENDED. No. 666 (House Bill No. 982). An Act to amend an Act approved February 19, 1951 (Ga. Laws 1951, p. 2637) providing a pension system for the employees of Troup County, by striking Section 3b of said Act and substituting a new section providing for disability pension and terms and conditions under which the same shall be payable; also, to amend Section 20 of said Act by providing that the pension or retirement fund may be invested in any media approved by law for guardians, including insured building and loan associations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 3b of an Act approved February 19, 1951 (Ga. Laws 1951, p. 2637) providing a pension

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system for the employees of Troup County, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Sec. 3b, Act of 1951 amended. 3b. Any regular employee of Troup County who, while in the employ of said county, shall become totally and permanently disabled may be granted a pension by the Commissioners of Roads and Revenues of Troup County in an amount not to exceed one-half the average monthly salary paid to such employee by said county for a period of 5 years immediately preceding such total and permanent disability; provided, however, no such pension shall exceed $150.00 per month; provided further that no claim for any such disability shall be due or payable unless, in addition to its being total and permanent, it be shown to have been occasioned directly and proximately by and from the work and duties of such employee and that no other act, agency or condition contributed thereto in any manner or to any extent; provided further that such disability shall be established by the sworn statement of at least two competent physicians, one of whom must be the county physician, if there be such. Disability retirement. Section 2. Be it further enacted that Section 20 of said Act be, and it is, hereby stricken and the following new Section 20 be substituted therefor: Section 20. The said commissioners of roads and revenues shall have authority to invest the pension and retirement funds in this Act provided for in any media approved by law for guardians, including, but not limited to, buildings and loan associations whose deposits or shares are insured by any instrumentality or agency of the Federal government. Investments. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Roy C. Swank who being duly sworn, deposes and says that he is the publisher 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: has been published in said LaGrange Daily News, to wit: 11/7 1953, 11/13 1953, 11/20 1953, being 3 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Roy C. Swank, Publisher. Sworn and subscribed before me this 23 day of Nov. 1953. /s/ Eleanor H. Orr, Notary Public, Troup County. Seal affixed. Legal No. 5751 3 timesNov. 7, 13, 20 Georgia, Troup County. Notice is hereby given that at the November, 1953, session of the General Assembly of Georgia there will be introduced a local bill to amend a certain bill approved February 19, 1951, entitled. An Act to authorize the Board of Commissioners of Roads and Revenues of Troup County, to establish rules and regulations governing the payment of pensions to county employees making application for pension; to classify county employees; to define county employees; to provide maximum pension that any such employee may receive; to provide method of raising funds for said

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purposes; to provide for contributions by county and employees to pension fund; for management, control, payments from and investment of such fund; to authorize said board of commissioners of roads and revenues to levy a tax for the purpos of paying pensions and to appropriate money therefor; to provide that the widows of county employees may be subject and entitled to pension from said pension fund; to provide that such Act shall take effect immediately on its passage by the General Assembly of Georgia and approval by the Governor of Georgia, and for other purposes, by striking Section 3b of said Act and substituting a new section providing for disability pension and terms and conditions under which the same shall be payable; also, to amend Section 20 of said Act by providing that the pension or retirement fund may be invested in any media approved by law for guardians, including insured building and loan associations. F. G. Birdsong. November 5, 1953. Approved December 17, 1953. HARRIS COUNTY COMMISSIONERS. No. 668 (House Bill No. 865). An Act to provide for a bond for each of the County Commissioners of Harris County and the clerk of the commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Effective the first day of the month following the month in which this Act becomes law, each member of the Board of County Commissioners of Harris County and the clerk of said board shall give bond

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with good security, to be approved by the ordinary, in the sum of ten thousand dollars ($10,000.00), payable to the ordinary of said county and his successors in office for the use of said county, which bond shall be filed with the ordinary and recorded upon his minutes. Said bond shall be for the faithful performance of the duties of the office as member of the Board of County Commissioners of Harris County and as clerk of said board, and may be sued upon by the ordinary on his motion or by direction or request of the grand jury, or by any taxpayer of said county. Bond of commissioners and of clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Harris County: Notice is hereby given that the undersigned will apply to the 1953 session of the General Assembly of the State of Georgia, for a bill amending the law creating the Board of Commissioners of Roads and Revenues for Harris County, requiring said commissioners and their clerk to be placed under security bond. This 29th day of September, 1953. W. D. Sivell, Representative. Georgia, Harris County: Personally before me, the undersigned authority, duly authorized to administer oaths, W. D. Sivell, who, on oath, deposes and says that he is the Representative from Harris County, and that the above copy of Notice of Local Legislation was published in the Harris County Journal, which is the official organ of Harris County, on the following dates: October 1st, 8th and 15th, November 5th and 12th, 1953. /s/ W. D. Sivell W. D. Sivell

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Subscribed and sworn to before me this 18th day of November, 1953. /s/ L. E. Foster. L. E. Foster, Notary Public. My commission expires March 2nd, 1957. Seal affixed. Approved December 17, 1953. SALARIES OF TAX COMMISSIONER AND ASSISTANT IN CERTAIN COUNTIES. No. 667 (House Bill No. 904). An Act to provide that in all counties having a population of not less than 15,500 and not more than 15,900 according to the Federal census of 1950, or any future Federal census of 1950, or any future Federal census, to provide for a salary for the tax commissioner in said counties; to provide for a salary for the assistant clerk to the tax commissioner in said counties; to provide the effective date of this Act; to repeal all laws or parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That in all counties having a population of not less than 15,500 and not more than 15,900 according to the Federal census of 1950, or any future Federal census, the tax commissioner of said counties shall receive a salary of $3,000.00 per annum, payable monthly. Commissioner's salary. Section 2. That in all counties having a population of not less than 15,500 and not more than 15,900 according to the Federal census of 1950, or any future Federal census, the assistant clerk to the tax commissioner

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of said counties shall receive a salary of $1,600.00 per annum, payable monthly. Assistant's salary. Section 3. That the authority having control of the expenditures of county funds in said counties is authorized and directed to pay said tax commissioner a salary of $3,000.00 per annum, and to pay the assistant clerk to the tax commissioner a salary of $1,600.00 per annum. Section 4. That this Act shall become effective on the first day of January, 1954. Section 5. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved December 17, 1953. TWIGGS COUNTY COMMISSIONER. No. 671 (House Bill No. 916). An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for Twiggs County and defining their duties, powers, qualifications, term of office and election, approved July 27, 1923 (Ga. Laws 1923, p. 324), as amended by Acts approved March 18, 1943 (Ga. Laws 1943, p. 1124), and February 25, 1949 (Ga. Laws 1949, p. 1839), and February 8, 1950 (Ga. Laws 1950, p. 2251), and February 19, 1951 (Ga. Laws 1951, p. 2629); to repeal an Act creating a Commissioner of Roads and Revenues for Twiggs County and providing a referendum, approved August 11, 1927 (Ga. Laws 1927, p. 713), and an Act providing for the determination by ballot of the number of Commissioners for Twiggs County and defining their duties, approved August 24, 1929 (Ga. Laws 1929, p. 734); to create the office of Commissioner of Roads and Revenues for Twiggs County and define

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his duties, powers, qualifications and compensation; 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 Twiggs County and defining their duties, powers, qualifications, term of office and election, approved July 27, 1923 (Ga. Laws 1923, p. 324), as amended by Acts approved March 18, 1943 (Ga. Laws 1943, p. 1124), and February 25, 1949 (Ga. Laws 1949, p. 1839), and February 8, 1950 (Ga. Laws 1950, p. 2251), and February 19, 1951 (Ga. Laws 1951, p. 2629), is hereby repealed in its entirety. Acts repealed. Section 2. An Act creating a Commissioner of Roads and Revenues for Twiggs County and providing for a referendum, approved August 11, 1927 (Ga. Laws 1927, p. 713), and an Act providing for the determination by ballot of the number of Commissioners for Twiggs County and defining their duties, approved August 24, 1929 (Ga. Laws 1929, p. 734), are hereby repealed in their entirety. Acts repealed Section 3. There is hereby created the office of Commissioner of Roads and Revenues for Twiggs County, to be elected for a term of four years and until his successor is elected and qualified. The commissioner shall be a person at least twenty-five years of age, of good moral character, and a duly qualified voter of this State entitled to vote for members of the General Assembly. Said commissioner shall always, before entering upon the discharge of the duties of his office, take and prescribe the following oath before the ordinary of said county, which is to be recorded in the book of minutes kept by the commissioner, to wit: I do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Revenues of the County of Twiggs, and will to the best of my knowledge, skill and ability, endeavor to promote the welfare and prosperity of the entire County of

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Twiggs, and will do so without fear, favor or affection, so help me God. And such commissioner shall furthermore, before entering upon the discharge of the duties of his office, give bond and good security in some approved surety company, premiums on said bonds to be paid out of the county treasury and approved by the Ordinary of said County of Twiggs in the sum of three thousand dollars, payable to the ordinary and his successors in office, for the faithful discharge of his duties as such commissioner, which bond when approved by the ordinary, shall be by him recorded in the record of official bonds kept by him in his office. Commissioner. Qualifications. Oath. Bond. Section 4. In the event this Act is approved in the referendum hereafter provided for, the Ordinary of Twiggs County shall make proclamation thereof, and within sixty (60) days prior to the time at which the election for county officers is to be held in 1956, it shall be his duty to cause advertisement of the election for county commissioner to be placed in a newspaper of general circulation in said county once a week for two weeks during such sixty (60) day period. At said election, the duly qualified candidate receiving the highest number of votes shall be elected Commissioner of Roads and Revenues of Twiggs County for a term of four (4) years and until his successor is duly elected and qualified. The commissioner shall receive a salary of $300.00 per month, payable monthly. Election. Salary. Section 5. The present members of the board of commissioners shall serve out the remainder of their terms, all of said terms expiring in December, 1957. Incumbents. Section 6. Should a vacancy ever occur in the office of commissioner for any reason other than the natural expiration of such commissioner's term, the ordinary shall call a special election for the purpose of electing a successor to serve out the remainder of the unexpired term. Vacancy. Section 7. The commissioner may employ a clerk, to perform such duties as may be delegated to him by said

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commissioner, and who shall be removable at any time by such commissioner with or without cause. Such clerk shall receive reasonable compensation in an amount to be set by the commissioner in his discretion. The commissioner may also employ a county attorney to represent the county in all legal matters concerning the county, and set the compensation therefor, in his discretion. Clerk. County attorney. Section 8. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the commissioner and to discharge such other and further duties as the commissioner may prescribe. It shall be the duty of said clerk to be the bookkeeper of said commissioner, and he shall do such other clerical work as shall be necessary in carrying on the work of said office. Said clerk shall keep a full, clear and complete record of all proceedings of the commissioner, and to keep on file and preserve all papers relating to his business; said clerk shall also keep a book known as the Property Book and a book to be known as Book of Commutation Tax-payers of said county, all of which said books shall be open to public inspection at any time; said clerk shall keep a book known as a Record of County Vouchers, which shall be open to public inspection. The clerk before entering upon his duties shall take a like oath to that prescribed for the commissioner, which shall be recorded on the minutes to be kept by said commissioner, and the clerk shall furthermore before entering upon the discharge of the duties of his office give bond and good security in some approved surety company, the premium on said bond to be paid out of the county treasury and approved by the ordinary of said County of Twiggs in the sum of three thousand dollars, payable to the Commissioner of Roads and Revenues of Twiggs County and his successors in office, which bond, when approved by the ordinary, shall be by him recorded in the record of official bonds kept by him in his office. Clerk's duties. Oath, bond. Section 9. Said commissioner and clerk during their term of office shall be exempt from militia, road or jury duty.

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Section 10. The commissioner shall have the right and power to employ a physician for the purpose of giving medical attention and aid to the jail prisoners, paupers of the county, convicts of the county and any other matters requiring his services as a physician, and that the commissioner of roads and revenues shall have the right and authority to fix his compensation. Physician. Section 11. Said commissioner shall go over and carefully audit every account, bill or other item of indebtedness which may be presented against the county from any source and approve or disapprove the same; and it shall be necessary for said commissioner to sign all checks, warrants or vouchers which may be necessary for the payment of all items of indebtedness against the county, and for all appropriations and purchases made and approved by him before the same shall become a legal demand upon the county. Payments. Section 12. Said commissioner shall have authority to use all the convict labor on the public roads of the county distributing such labor as equitable and justly as possible, and shall have the right to secure convicts from other counties under the legal provisions of the State, or to dispose of the Twiggs County convicts in conformity with law, as he deems necessary and expedient. Said commissioner shall have the right to employ free labor for the purpose of working the public roads of the county whenever he shall deem it for the best interest of the county, which free labor shall be under control of said commissioner. Road work. Section 13. Said commissioner shall have exclusive jurisdiction and control over the following matters to wit: In directing and controlling all the property of the county as he deems expedient and to the best interest of the county, and in accordance with the laws of this State; in levying taxes in accordance with the laws of this State; in establishing, changing or abolishing roads, bridges and ferries, according to law; in establishing, abolishing or changing election precincts and militia districts; in supervising the tax collector's and tax receiver's books,

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and in allowing the insolvent list of the County of Twiggs, in settling all claims, charges and demands against the County of Twiggs, in examining and auditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Twiggs County or appropriated for its use or benefit, and bringing all such officers to settlement, in making rules and regulations for the promotion of public health, in electing or appointing all minor officers of said county where an election is not otherwise provided for by law, and to have and exercise control and management over the convicts of said county, according to the laws of this State, and to have and exercise all the powers as would be vested in the ordinary of said county when sitting for county purposes in the absence of this Act; and to exercise such other powers as are granted by law or as are indispensable to his jurisdiction over county matters and county finance: Provided, that no assessment should be made for commutation road tax exceeding three dollars ($3.00) per annum, one-half of sum to be collected in spring and one-half in fall of each year. General powers and duties. Section 14. The commissioner shall cause the books and records of the tax collector, tax receiver, sheriff, superintendent of schools, and his own books to be audited at county expense, at least once every twelve months, commencing within twelve months after his election and qualification. Audits. Section 15. Said commissioner of roads and revenues of said county shall cause the convict gang of said county to work the public streets of the various incorporated towns or municipalities of said county which are continuations of the public roads of said county leading into or through the said incorporated towns or municipalities aforesaid. Street work. Section 16. All the books, records, documents, files and properties of the present board of commissioners of said county shall be by them delivered to the commissioner

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created by this Act immediately upon the qualification of the latter. Section 17. It shall be a misdemeanor of the commissioner, his clerical assistant, or any one serving under him or any one employed or elected by him to have any financial interest in the sale or purchase of any article sold to or bought from the county or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any supplies for said county, awarding any contract for said county, or the employment of any one whose salary is to be paid from the funds of the county, and upon conviction shall be punished as for a misdemeanor. Prohibited Acts. Section 18. This Act shall not become effective unless approved by a majority of the qualified voters of Twiggs County voting in an election to be held at the same time the general election for members of the General Assembly is held in 1954. Notice of the referendum above referred to shall be published once a week for two weeks, within a period of sixty (60) days prior to the date of such election, which advertisement shall be in the official organ of Twiggs County. The ballots shall have printed thereon the words: For approval of Act creating a one-man Commissioner of Roads and Revenues for Twiggs County. Against approval of Act creating a one-man Commissioner of Roads and Revenues for Twiggs County. Those persons voting in favor of this Act shall vote for approval, and those voting for rejection shall vote against approval. If a majority of those persons voting in the election vote for approval of this Act, 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 County of Twiggs. It shall be the duty of the persons conducting and managing the election to canvass the returns and certify the results of the election. It shall be their further duty to certify such results to the Secretary of State. Referendum.

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Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of a Local Bill. Notice is hereby given will be made at the 1953 adjourned 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 for the County of Twiggs, consisting of one member; to prescribe his duties and fix his compensation, to prescribe his qualifications; to provide for the election of said commissioner; to provide for a clerk and attorney of said board and fix their compensation, to provide how a vacancy shall be filled, to prohibit said member of said board from any financial interest connected with any sale or purchase, to provide a penalty thereof. To provide for a referendum to be held at the 1954 general election at which election the electors shall have the right to vote for or against the passage of this bill, if said bill is authorized by the voters, to provide for the election of a member to serve, and to provide that this bill shall not become effective until January 1st, 1957, and for other purposes. This Act will be introduced and passed in accordance of the recommendation of the grand jury at the April Term, 1953, of the Superior Court of Twiggs County, Georgia. This the 2nd day of November, 1953. J. Brady Johnson, Representative Twiggs County Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Brady Johnson, who, on oath, deposes and says that he is a

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Representative of Twiggs County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New-Era, which is the official organ of Twiggs County, on November 5, 12 and 19, 1953. /s/ J. Brady Johnson Representative, Twiggs County Sworn to and subscribed before me, this 23 day of Nov., 1953. /s/ Frank H. Edwards Notary Public. (Seal) Notary Public, Georgia State at Large. My commission expires October 18, 1955. Approved December 17, 1953. DECATURTAX RATE. No. 674 (House Bill No. 932). An Act to amend an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof by striking from the ninth and tenth lines of Section 23 of said Act the words seventy-five cents on the one hundred dollars and inserting in lieu thereof the words one dollar and a quarter on the one hundred dollars for general purposes of said city; also by striking the word Town wherever same appears in said Section of said Act and substituting in lieu thereof the word City; also, by striking the words mayor and council wherever same appear in said Section of said Act and substituting in lieu thereof the words city commissioners. Section 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof be and the same is hereby amended by striking from the ninth and tenth lines of Section 23 of said Act the words seventy-five cents on the one hundred dollars and inserting in lieu thereof the words one dollar and a quarter on the one hundred dollars for general purposes of said city; also, by striking the word Town wherever same appears in said section of said Act and substituting in lieu thereof the word city; also, by striking the words mayor and council wherever same appear in said Section of said Act and substituting in lieu thereof the words city commissioners, so that said Section 23 of said Act, when so amended, shall read as follows: Sec. 23, Act of 1909, amended. Sec. 23. Be it further enacted, that for the purpose of raising revenues for the support and maintenance of the City of Decatur, the city commissioners of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking, and every other species of property in said city, or owned or held therein subject to taxation; said tax not to exceed one dollar and a quarter on the one hundred dollars, exclusive of the taxes for public schools authorized by law, and the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said city, and to provide a sinking fund for the purpose of paying the principal of said bonded indebtedness as required by law. The ad valorem tax above authorized for general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The said city commissioners shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said

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city, and to provide penalties for neglect or refusal to comply with the same, as elsewhere provided in this Act. Tax rate. Section 2. Be it further enacted by the authority aforesaid that the City Commissioners of the City of Decatur shall order and hold an election for the qualified voters of said city to determine whether said section shall become operative; said election shall be called and held at such time as the City Commissioners of the City of Decatur may decide, but in any event not later than the first Wednesday in December, 1954; the election to be called and held and the results declared under the provisions of the charter of said city for special elections. At this election the qualified voters of said city shall cast ballots having written or printed thereon the words For increase of ad valorem tax or Against increase of ad valorem tax. If at said election the number of ballots cast For increase of ad valorem tax constitute the required legal majority, then this Act shall become effective and operative; otherwise, not. Referendum. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. 128 Atlanta Avenue Decatur, Ga. 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

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week for three weeks as required by law; said dates of publication being October 29, November 5 12, 1953. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 17 day of November, 1953 /s/ Virginia Freeman Notary Public, Georgia State at Large. My commission expires Nov. 3, 1957. Seal affixed. Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in November, 1953, for the passage of local legislation, the title of such bill to be as follows: An Act to amend an Act approved Aug. 13, 1924 (Ga. Laws 1924, p. 90) entitled An Act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court only or ex officio clerk of other courts), the sheriff, the ordinary, the tax collector, and the tax receiver; to regulate the disposition of costs and for other purposes, as amended by an Act approved Feb. 12, 1951 (Ga. Laws 1951, p. 92), so as to provide that in counties having a population of not less than 120,000 and no more than 145,000, according to the United States census of 1950 or any future census, the annual salaries of the sheriff and the ordinary shall be fixed; to fix the amount of such salaries; to provide the manner in which such salaries shall be decreased or increased; and for other purposes. This the 28th day of October, 1953. W. H. McWhorter, Guy W. Rutland, Jr., Mell Turner. Approved December 17, 1953.

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ELBERTON CHARTER AMENDED. No. 675 (House Bill No. 831). An Act to amend an Act approved December 19, 1896, providing for a charter of the City of Elberton, as amended by an Act approved July 24, 1929 (Acts 1929, p. 1089), by striking in its entirety the clause added to Section 16 of the original Act by the said 1929 amendment and substituting in lieu thereof the following: Provided no sale of any property, right, or franchise where the amount involved exceeds $10,000.00 shall be made until such proposed sale is approved by a majority vote of the qualified voters of said City of Elberton at an election held for that purpose; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that from and after the passage of this Act, the Act of the General Assembly of Georgia approved December 19, 1896, providing for a charter of the City of Elberton, as amended by an Act approved July 24, 1929 (Acts 1929, p. 1089), be and the same is hereby amended by striking in its entirety the clause or sentence added to Section 16 of the original Act by the said 1929 amendment and substituting in lieu thereof the following: Provided no sale of any property, right, or franchise where the amount involved exceeds $10,000.00 shall be made until such proposed sale is approved by a majority vote of the qualified voters of said City of Elberton at an election held for that purpose, so that said section when so amended will read as follows: Be it further enacted by the authority aforesaid, that the city council of said city shall have power to contract debts and issue bonds of said city, under and in accordance with the limitations provided in the Constitution of the State and the general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund any existing debts;

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establish and maintain a system of waterworks, a system of lights, erect public buildings, or any other improvements, convenience, or necessity, for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other purpose under the limitations herein stated. Provided no sale of any property, right, or franchise where the amount involved exceeds $10,000.00 shall be made until such proposed sale is approved by a majority vote of the qualified voters of said City of Elberton at an election held for that purpose. Bonds. Sale of city property. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given that at the 1953 adjourned session of the General Assembly of Georgia, which will convene in November next, a bill will be introduced to amend the charter of the City of Elberton by eliminating the provision added to the charter by the 1929 amendment which provides no debt to exceed $10,000.00 can be incurred by the city without the vote of a majority of the qualified voters at an election held for that purpose. This 15th day of September, 1953. J. S. Asbury, Mayor Wilbur Cleveland Walter Eaves J. H. Miller Austin Moore J. H. Thomason, Councilmen, City of Elberton. Georgia, Elbert County: I, G. T. Christian, editor and publisher of The Elberton Star, a newspaper published in Elberton, Elbert County, Georgia, and being the paper in which sheriff's advertisements for said county are published, do hereby certify

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that the foregoing notice was published by me in said above named newspaper on the following dates, to wit: September 22, 29 and October 6, 1953. This the 6th day of November, 1953. /s/ G. T. Christian Witness: /s/ Martha Bell Notary Public, Elbert County, Ga. My commission expires May 25, 1957. (Seal) Approved December 17, 1953. THOMSON CHARTER AMENDED. No. 677 (House Bill No. 705). An Act to amend the charter of the City of Thomson as set out in Georgia Laws, Acts of 1927, page 1631, and Georgia Laws, Acts of 1943, page 1616; to provide that the city limits of the City of Thomson shall extend one mile in every direction from the Knox Hotel instead of three-fourths of a mile; to provide for a referendum thereon by the citizens of Thomson and the residents of the area affected; to provide for city manager form of government for the City of Thomson; to authorize the mayor and council to build and maintain a stockade in conformity with requirements of State authorities in charge of convicts; to authorize the building of a new city hall, fire stations, and other public buildings; to provide that street tax be abolished; to provide that all elections in the City of Thomson shall be open from seven A. M. to six P. M.; to authorize the granting of franchises for natural gas and all other utilities; to provide for the creation of a park-recreation-education commission; to provide for use of a card index file to supplement the Permanent

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Voters Registration Book; to provide that voters who move away from Thomson shall be required to register again upon their return before becoming eligible to vote in city elections; to provide maximum salary limitations for the offices of city manager, city clerk, city attorney, and chief of police, and regular policemen; to provide for the repeal of all conflicting laws; to provide maximum salary limitations for the mayor and council; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, that the Act entitled An Act to amend Section 16 of the Act amending the original Act incorporating the Town of Thomson in McDuffie County, Georgia, pertaining to the salary of the mayor of said city as appears in the Georgia Laws of 1927, page 1639; to amend Section 19 fixing the term of office of the city attorney, as appears in Georgia Laws 1927, page 1640; to amend Section 22 of said Act pertaining to the salary of policemen as appears in Georgia Laws of 1927, page 1641-2, and for other purposes., approved on February 16, 1943, in Georgia Laws of 1943, page 1616, be and the same is hereby repealed. Act of 1943 repealed. Section 2. Be it further enacted that Section One of the Act amending the original Act incorporating the Town of Thomson in McDuffie County, Georgia, as appears in Georgia Laws of 1927, pages 1632 and 1633, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 1, Act of 1927 amended. That the municipal government of the City of Thomson shall consist of a mayor, four councilmen, and a city manager. Said mayor and four councilmen shall hereby constitute a body corporate under the name and style of the City of Thomson, and by that name shall have perpetual succession, shall have a common seal, and shall be capable in law or equity to hold, receive, enjoy, possess, and retain to them and their successors, for the use of the City of Thomson, any real or personal estate of whatever kind or material in the jurisdictional limits

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of the City of Thomson, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all rights and liabilities of the present corporation of the City of Thomson in the corporate limits of the City of Thomson. The corporate limits of the City of Thomson, in the County of McDuffie, shall extend one mile in every direction from the Knox Hotel in said city; Incorporation. Limits. Provided, that the foregoing provision as to extension of said city limits shall not become effective until a referendum has been held thereon, as follows: The Ordinary of McDuffie County shall, within thirty days from the date of approval of this Act, call a special election of the qualified voters in the area lying between the present city limits which extend three-fourths of a mile in every direction from said Knox Hotel, and the proposed city limits which would extend one mile in every direction from said Knox Hotel, to be held not less than sixty days after the approval of this Act, to determine whether or not they favor such incorporation. Said call shall be published once a week for the four weeks next preceding the election in the official gazette of McDuffie County. The registrars of McDuffie County shall meet and certify a list of all qualified voters residing in the area to be annexed and qualified voters who own property therein, not less than ten days prior to the date of said election. Said registrars shall be authorized to employ a registred surveyor in their discretion when it is necessary to determine the location of the said area. Only those persons whose names appear on said certified list shall be eligible to vote in said election. Those favoring the incorporation of said area shall have written or printed on their ballot the words For incorporation into Thomson, and those opposed shall have written or printed on their ballot the words Against incorporation into Thomson. The laws governing special elections except to the extent changed hereby shall govern said election. A majority of those voting shall determine the issue, and the ordinary shall consolidate and declare the result of the election. Referendum as to limits.

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If the election is in favor of incorporating said area into the City of Thomson, the Mayor and Council of the City of Thomson shall within 60 days thereafter call an election in the city to determine whether the citizens who are qualified voters of said city favor the incorporation of said area. Said call shall be published once a week for four weeks immediately preceding the date of said election in the official organ of the City of Thomson. Those in favor of adding said area to the city shall have written or printed on their ballot the words For extending the city limits, and those opposed shall have written or printed on their ballot the words Against extending the city limits. A majority of those voting shall decide the issue. The election shall be governed in all other respects by the regulations and laws pertaining to elections in the City of Thomson, and the mayor and council shall declare the result. If both elections are in favor of incorporating said area into the City of Thomson, said area shall immediately become and be a part thereof, and the mayor and council shall cause to be certified to the Secretary of State the new corporate limits of the City of Thomson and all courts shall take judicial notice thereof. If either of the elections are against incorporating said area, the city limits shall remain three-fourths of a mile in every direction from the Knox Hotel. The expense of said referendum or referendums, including expenses of the registrars, shall be paid by the City of Thomson. Section 3. Be it further enacted by the authority aforesaid that Section 2 of said charter as same appears in Georgia Laws of 1927, page 1633, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 2 amended. Be it further enacted by the authority aforesaid, that an election shall be held in the City of Thomson, on the 2nd Monday in January, 1929, and biennially thereafter, for a mayor and four councilmen to serve two years, and

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until their successors are elected and qualified. That at all city elections the polls shall be opened at 7 o'clock, A. M., and close at 6 o'clock, P. M. Elections. Section 4. Be it further enacted by the authority aforesaid that Section 5 of said charter as same appears in Georgia Laws of 1927, page 1634, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 5 amended. Be it further enacted by the authority aforesaid that the permanent registration book referred to in Section Four of the charter of the City-of Thomson, and in Sections Six, Seven, Eight, and Nine of said charter, shall be the type of book known as the card-index file loose-leaf book, with each name on a separate card, detachable, which book is intended to supplement and replace the previously used permanent registration book. There shall be no charge or expense to any person who registers. Registration of any person who removes from the City of Thomson shall be automatically cancelled, and such person upon returning to the City of Thomson shall be required to register again before being qualified to vote. Permanent registration book. Section 5. Be it further enacted by the authority aforesaid that Section 13 of said charter of the City of Thomson, as same appears in Georgia Laws of 1927, page 1637, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 13 amended. Be it further enacted that the mayor shall be allowed to vote in the election of all municipal officers chosen by the mayor and council, but shall not vote on legislative questions and matters before the body except in case of a tie; he shall have the veto power, and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by at least three councilmen on a yea and nay vote duly recorded on the minutes of the council; but unless he shall file in writing with the city clerk, his veto of any measure passed by the body, with

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the reasons which impelled him to withhold his assent, within four days after its passage, the same shall become a law just as if approved and signed by the mayor. The mayor shall be chief executive of said city, and shall preside at all meeting of council. The city manager shall be chief administrative officer of said city. He shall see that all laws, ordinances, and resolutions of said city are faithfully executed; he shall appoint subject to approval of a majority of the mayor and council the heads of all departments, and all employees; he shall have the power to suspend any employee or department head when necessary or advisable in his discretion for the public good; he shall also have the following powers and duties: to exercise control over all departments; to attend all council meetings, with the right to discuss, but without the right to vote; to recommend adoption of such measures as he deems necessary or expedient; to keep the mayor and council fully informed as to the financial condition and needs of the city; to make the council a budget each year, at the time the tax levy is set, showing estimated income and expenditures for each department for the ensuing year; to perform such other duties as may be prescribed by the mayor and council by ordinance, resolution, or otherwise. Said city manager shall devote his entire time to the City of Thomson, and his salary shall not exceed $7,500.00 per year. Mayor. City manager. The mayor shall have the power to punish for contempt before the mayor and council, by any fine not exceeding $20.00, or by confinement in prison for a period of not exceeding forty-eight hours, or both, in his discretion. It shall be the duty of the mayor to act jointly with the city manager in preserving the peace, and he may appoint special policemen when in his judgment it is necessary. The mayor, and recorder of said city in the event that the office of recorder is created and established as hereinafter provided in this Act, shall be ex officio justice of the peace so far as to authorize them or either of them to issue trial warrants for criminal offenses committed within the jurisdictional limits of the City of Thomson, and commit offenders tried before them, or either of them, to a court of competent jurisdiction,

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as in the judgment of the presiding officer of said court may be necessary. Said mayor, or mayor pro tem., or recorder shall have the power and authority to try all offenses and violations against the laws and ordinances of said city, committed within the corporate limits thereof, and, upon conviction, to punish offenders by a fine not exceeding $100.00, by imprisonment in the city jail, or guard house, for any term not exceeding ninety days, or by compulsory work for not exceeding ninety days of the City of Thomson, as the presiding officer of said court may direct. Any or all of the above punishments may be inflicted in the discretion of the mayor, or the mayor pro tem., or the recorder, as the case may be, presiding in said court. And such presiding or trial officer shall have authority to impose any of the above punishments in the alternative. Whenever any person is convicted or sentenced to pay a fine and to work upon the streets of said city or other public works thereof, and fails or refuses to pay said fine, the collection thereof shall be enforced by execution, levy and sale, in the same way and manner as the collection of taxes are enforced in said city. Mayor's court. Said mayor and council shall have the authority to create a commission to be known as Parks-Recreation-Education Commission, to be composed of the mayor, two councilmen, and two citizens, to be designated by the mayor. Said commission shall make reports to the mayor and council from time to time regarding all matters pertaining to city parks, recreation projects, and educational features for the benefit of the children and citizens of Thomson, and shall recommend expenditures on such projects, which the council is hereby authorized to make within the budget allowance. Parks-recreation-education commission. Said mayor and council are hereby authorized, in the event of any disaster or emergency which threatens the health of the citizens, or the safety thereof, to temporarily disregard the budget hereinbefore provided for, and to expend general funds or other funds in such amount as is needed to meet said disaster or emergency. Emergencies.

Page 2591

Said mayor and council are hereby authorized to erect or secure any public buildings needed by the city, including a city hall, fire stations, substations for collection of funds due the city, or for other purposes in their discretion. The power herein given shall include the right to build, or to have built, or to purchase, or to trade, such building or buildings as may be needed, and to exercise the right of condemnation as provided by existing laws, and to issue bonds to pay for same, under the provisions of existing laws; provided, that no realty now owned by said city shall be disposed of except in the manner provided for in the charter; that is, by an election to be held as provided by Section 85 of said charter. Buildings. The mayor and council are hereby authorized to employ a city manager to perform the duties hereinbefore enumerated and to exercise the powers herein given to him, for such time as they may see fit, not to exceed their term of office in any event. Said city manager may be dismissed at any time for cause sufficient to the council by a majority vote of the mayor and council, after a hearing thereon, with 24 hours notice of said hearing to be given to said city manager. Said city manager shall give a bond for the faithful performance of his duties and the efficient handling of such city funds as may come into his hands, in the same manner as other employees are bonded, in the sum of $10,000.00. City manager. Section 6. Be it further enacted by the authority aforesaid that Section 17 of said charter, as same appears in Georgia Laws of 1927, pages 1639 and 1640, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 17 amended. Be it further enacted, that the legislative body of the City of Thomson shall consist of four councilmen, who shall be elected at the same time and for the same term as the mayor, and their qualifications shall be the same as those of the mayor, and they shall each retain an annual salary of $125.00. The salary of the mayor shall

Page 2592

be not more than $500.00 per year, and not less than $250.00 per year. Councilmen. Mayor's salary. Section 7. Be it further enacted by the authority aforesaid that Section 18 of said charter, as same appears in Georgia Laws of 1927, page 1640, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 18 amended. Be it further enacted by the authority aforesaid, that at its first regular meeting after qualification, or as soon thereafter as possible, the Mayor and Council of the City of Thomson shall elect a city clerk, who shall also be ex officio treasurer of the city. The clerk's qualifications and term of office shall be the same as those of the mayor, and he shall take such oath of office as the mayor and council may prescribe. He shall be the clerical officer of the council, and shall attend all meetings; he shall be the keeper of the seal of said city; he shall be ex officio clerk of the mayor's court and attend its sessions; he shall be ex officio clerk of the board of tax assessors, and any other board or commission created by the mayor and council. It shall be the duty of said city clerk to do and perform such other services as may be required by the city manager, and by any law or ordinance or resolution of the city council, and he shall be ex officio tax receiver, ex officio tax collector, and shall counter-sign all city checks. Said city clerk shall receive a compensation of such salary as may be fixed by the mayor and council, not to exceed $250.00 per month from all sources, and said salary shall be paid monthly. City clerk. Section 8. Be it further enacted by the authority aforesaid that Section 19 of said charter, as same appears in Georgia Laws of 1927, pages 1640 and 1641, be and the same is hereby repealed and in lieu thereof the following is substituted: Sec. 19 amended. Be it further enacted, that the first regular meeting after qualification the mayor and council shall elect a city attorney, whose term of office shall be one year;

Page 2593

and at the first meeting in January of each year the city attorney shall be elected for the current year. His duty shall be such as is required by laws and ordinances of the City of Thomson, and by direction of the mayor and council. Said city attorney shall be paid a salary of not more than $400.00 per year, to be fixed by the mayor and council. He shall represent the city in all matters in which the city is interested or involved, and shall be paid for all extraordinary legal services such compensation as may be reasonable and just, and as may be agreed upon between himself and the mayor and council. The mayor and council are authorized, whenever in their judgment it is advisable, to employ additional counsel to assist said city attorney. City attorney. Section 9. Be it further enacted by the authority aforesaid that Section 22 of said charter as same appears in Georgia Laws of 1927, pages 1641 and 1642, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 22 amended. Be it further enacted that at the first regular meeting after qualification the mayor and council shall elect a chief of police, assistant chief of police, and such other policemen as in their judgment may seem proper and necessary. Such officers shall be elected for the term of one year, and at the first meeting in January the mayor and council shall elect said officers for the current year; their compensation shall be in such amount as may be prescribed by the mayor and council, with the chief of police not to exceed the sum of $400.00 per month, and the remaining officers not to exceed the sum of $300.00 per month. All such officers shall make and subscribe such oaths as the mayor and council may prescribe for the faithful performance of their duty, and to strictly account for all money that comes into their hands as officers of said city. They shall perform such duties as is required and provided for in the said charter of the City of Thomson, and also such duties as may be prescribed and required of them by the laws and ordinances of said city, and by the city manager. Police.

Page 2594

Section 10. Be it further enacted by the authority aforesaid that Section 29 of said charter as same appears in the Acts of 1927, Georgia Laws of 1927, pages 1644 and 1645, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 29 amended. Be it further enacted, that the mayor and council of said city shall have the right at any time, without trial, to suspend or remove any of said officers elected by the mayor and council, for breach of duty, insubordination, incapability, or for conduct unbecoming an officer or gentlemen, or for other good and sufficient reasons, to be judged by the mayor and council. The city manager shall have the same right to suspend said officers, but upon the suspension of any officer, said city manager shall immediately file a written report of same, giving the reason for the suspension, and a hearing thereon shall be had within 2 days after said suspension, and upon said hearing the mayor and council shall approve or disapprove of the suspension, and take such action thereon as to them may seem just and expedient. Removal or suspension of officers. The mayor may, at any time during recess of the council, suspend any of the said officers elected by the mayor and council, for any of the offenses herein named, for a period not to exceed ten days, without pay, and appoint a substitute to fill his place. Section 11. Be it further enacted by the authority aforesaid that Section 44 of said charter, as same appears in Georgia Laws of 1927, page 1652, be and the same is hereby repealed; and the Act amending the charter of the City of Thomson with reference to levying street tax upon all male residents between the ages of 21 and 50, as same appears in Acts of 1939, Georgia Laws of 1939, pages 1352 through 1358, be and the same is hereby repealed. Sec. 44, Act of 1927, and Act of 1939 repealed. Section 12. Be it further enacted by the authority aforesaid that the charter of the City of Thomson, as same appears in the Acts of 1927, Georgia Laws of 1927, pages 1631 through 1672, be and the same is hereby

Page 2595

amended by adding thereto a new section, to be designated as Section 53-a, as follows: 53-a. Be it further enacted by the authority aforesaid that the said mayor and coucil shall have full power and authority to grant franchises over its streets and other public property to any person, firm, or corporation for the furnishing of natural gas, or any other utilities or utility service not designated in Section 53 of the said charter of the City of Thomson, and to make such contracts with such persons, firms, or corporations for the furnishing of natural gas or other utilities or utility services, and to enact such laws, ordinances, rules and regulations as are necessary to effectuate this section, under the same restrictions, rights and terms as are set out in Section 53 of the charter of the City of Thomson as same appears in said Acts of 1927, pages 1658 and 1659. Utilities. Section 13. Be it further enacted by the authority aforesaid that Section 66 of the charter of the City of Thomson, as same appears in Georgia Laws of 1927, page 1664, be and the same is hereby repealed, and in lieu thereof the following is substituted: Sec. 66 amended. Be it further enacted by the authority aforesaid that the mayor and council shall have full power and authority to establish and maintain and operate a stockade, similar to the public works camps of the State prison authorities, and to prescribe rules and regulations for the proper management of same; to provide for the working of convicts from the police court, and from the State prison authorities, upon the streets and other public places and public works of said city; to build and maintain said stockade in conformity with regulations of the State prison authorities, so that State prisoners may be worked by said city; to provide for the hiring of guards and for the feeding of said prisoners, and to enact all ordinances necessary to carry out the provisions of this section. Prisoners. Section 14. Be it further enacted by the authority

Page 2596

aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Legal Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intend to introduce and press for passage at the 1953 session of the General Assembly of Georgia an Act entitled. An Act to amend the charter of the City of Thomson as set out in Georgia Laws, Acts of 1927, page 1631, and Georgia Laws, Acts of 1943, page 1616; to provide that the city limits of the City of Thomson shall extend one mile in every direction from the Knox Hotel instead of threefourths of a mile; to provide for a referendum thereon by the citizens of Thomson and the residents of the area affected; to provide for city manager form of government for the City of Thomson; to authorize the mayor and council to build and maintain a stockade in conformity with requirements of State authorities in charge of convicts; to authorize the building of a new city hall, fire stations, and other public buildings; to provide that street tax be abolished; to provide that all elections in the City of Thomson shall be open from seven A. M. to six P. M.; to authorize the granting of franchises for natural gas and all other utilities; to provide for the creation of a Park-Recreation-Education Commission; to provide for the use of a card index file to supplement the permanent voters registration book; to provide that voters who move away from Thomson shall be required to register again upon their return before becoming eligible to vote in city elections; to provide maximum salary limitations for the offices of city manager, city clerk, city attorney, and chief of police, and regular policemen; to provide for the repeal of all conflicting laws; and for other purposes. Said local bill having been requested by the Mayor and Council of the City of Thomson.

Page 2597

This 27 day of October, 1953. H. Eulond Clary Representative, McDuffie County, Georgia. E. Chas. Hawes Senator, 29th Senatorial District, Georgia. Publisher's Affidavit. Georgia, McDuffie County. Personally appeared before the undersigned attesting officer Frank Hash, who being duly sworn, deposes and on oath says: That he is editor of the official organ of Thomson and McDuffie County, to wit: The McDuffie Progress, and that the attached notice of intention to introduce local legislation was duly published in said newspaper on October 29th, 1953; November 5th, 1953; and November 12th, 1953; and this affidavit is made for the purpose of establishing said fact. /s/ Frank Hash Sworn to and subscribed before me this 13th day of November, 1953. /s/ Margaret M. Beckum Notary Public, McDuffie County, Georgia. My commission expires Aug. 25, 1955. Notarial seal affixed. Approved December 17, 1953. WILKES COUNTY COMMISSIONERS. No. 678 (Senate Bill No. 193). An Act to repeal an Act relating to the handling of county funds in Wilkes County, and providing for a depository, approved August 16, 1915 (Ga. Laws 1915, p. 441), as amended by an Act approved March 7,

Page 2598

1935 (Ga. Laws 1935, p. 836); to amend an Act creating a board of County Commissioners for Wilkes County, approved August 4, 1917 (Ga. Laws 1917, p. 436), so as to confer on said commissioners the authority and powers as to county finances and designation of a county depository as are provided by general law, more specifically, Chapter 89-8 of the Code; to provide effective date of the Act as January 1, 1957 and to prohibit any member of the board of commissioners who is a director, officer, employee of an eligible county depository from voting on the designation of a county depository; 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 method of handling county funds of Wilkes County, and providing for a county depository, approved August 16, 1915 (Ga. Laws 1915, p. 441), as amended by an Act approved March 7, 1935 (Ga. Laws 1935, p. 836), is hereby repealed in its entirety. Act of 1915 as amended, repealed. Section 2. An Act creating a Board of Commissioners of Roads and Revenues for Wilkes County, approved August 4, 1917 (Ga. Laws 1917, p. 436), is hereby amended by adding at the end of Section 1 thereof, the following: Sec. 1, Act of 1917, amended. Said board of commissioners shall exercise all powers and authority in the disposition of county funds and in the designation of a county depository, as are conferred by general law, more specifically as provided by Chapter 89-8 of the Code of Georgia, as amended, and as may be hereafter amended, provided that the effective date of the provisions of this Act shall be January 1, 1957, and provided that any member of any such board of commissioners who is a director, officer, or employee of any eligible county depository shall not be eligible to vote on the designation of a county depository. Depository.

Page 2599

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 17, 1953. RICHMOND COUNTY BOARD OF HEALTH. No. 679 (House Bill No. 940). An Act to amend an 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', the jurisdiction of said body to extend over both the city and county; and for other purposes, as amended by an Act approved March 23, 1933 (Ga. Laws 1933, pp. 861-866), as amended by an Act approved February 2, 1938 (Ga. Laws Ex. Sess. 1937-1938, pp. 936-937), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, pp. 963-977), as amended), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1003-1004), and as amended by an Act approved March 11, 1953 (Ga. Laws 1953, pp. 3262-3272); so as to strike Section 3 of said Act, and inserting in lieu thereof a new Section 3 which will provide for the composition of said Board of Health of Richmond County; and by striking the second paragraph of Section 5 of said Act, and inserting in lieu thereof a new second paragraph of Section 5 of said Act, so as to provide the punishment for the violation of the rules, regulations, and ordinances of the Richmond County Department of

Page 2600

Health; and by striking the fourth paragraph of Section 5 of said Act, and inserting in lieu thereof a new fourth paragraph of Section 5 of said Act, so as to provide that the Judge of the City Court of Richmond County, Georgia, shall try all cases of persons charged with the violation of any rules, regulations or ordinances of the Richmond County Department of Health; and by striking Section 9 of said Act, and substituting in lieu thereof a new Section 9 of said Act, so as to provide for the expenses of the Richmond County Department of Health, and also to provide for the preparation, approval, and adoption of its budget, and for the levying and collecting of taxes by Richmond County for appropriations therefor; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act 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', the jurisdiction of said body to extend over both the city and county; and for other purposes, as amended by an Act approved March 23, 1933 (Ga. Laws 1933, pp. 861-866), as amended by an Act approved February 2, 1938 (Ga. Laws Ex. Sess. 1937-1938, pp. 936-937), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, pp. 963, 977), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1003-1004), and as amended by an Act approved March 11, 1953 (Ga. Laws 1953, pp. 3262-3272); be amended as hereinafter set forth: Section 1. By striking Section 3 of said Act and inserting in lieu thereof a new Section 3, as follows:

Page 2601

Sec. 3. The said membership of the county board of health shall be composed as follows: 1. The Mayor of the City Council of Augusta or some member of the city council appointed by said mayor. 2. The Chairman of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, appointed by said chairman. 3. The Superintendent of the Board of Education of Richmond County, Georgia. 4. Two physicians from Richmond County, Ga., who shall be members of the Richmond County Medical Society, and to be elected as hereinafter provided. 5. Two lay citizens of Richmond County, Georgia, to be elected by the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, as hereinafter provided. 6. One lay citizen of Richmond County, Georgia, to be elected by The City Council of Augusta, as hereinafter provided. 7. One physician to be elected by the grand jury in the manner provided by the terms of the Ellis Health Law. Members. The commissioner of health shall be a man trained in public health and approved by the State Board of Health of Georgia. The two physicians from Richmond County as hereinabove provided shall be elected as follows: The Richmond County Medical Society shall, at its January session for 1954 (and each four years thereafter), by a majority vote, nominate six licensed physicians from Richmond County, Georgia, and members in good standing in the Richmond County Medical Society, for membership on the county board of health. The names of the six physicians so nominated shall be submitted to the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, at its regular meeting of February, 1954 (and each four years thereafter), and from the list of names so submitted, the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, shall elect two of such physicians to be members of the county board of health. Their election. The two lay citizens of Richmond County, Georgia provided for hereinabove, shall be elected by the Board of

Page 2602

Commissioners of Roads and Revenues of Richmond County, Georgia at its regular January 1954 meeting (and each four years thereafter). The one lay citizen from Richmond County, Georgia provided for hereinabove, shall be elected by The City Council of Augusta at its regular January 1954 meeting (and each four years thereafter). In case of a vacancy on the county board of health, other than the Mayor of the City of Augusta, or his appointee from council, the Chairman of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, or his appointee from the board of commissioners, and the superintendent of the county board of education, who are members of said county board of health by virtue of their office, such vacancy or vacancies shall be filled by the same method as hereinabove set forth for the election of such member or members. Within thirty (30) days after the election herein provided for by the City Council of Augusta, and the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, the county board of health as constituted in this Act, shall meet and organize by electing from its membership a chairman. Personally appeared before me the undersigned attesting officer came Sam T. Graham, W. W. Holley and John C. Bell, who first being duly sworn on oath depose and say that they are the authors of the foregoing bill and that notice of intention to introduce the same has been published in the Augusta Herald once a week for three weeks prior to the introduction thereof. /s/ Sam T. Graham /s/ W. W. Holley /s/ John C. Bell.

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Sworn to and subscribed before me this 25 day of November, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Affidavit of Publication. Attorney or Agency Frank H. Pierce Business Attorney-At-Law State of Georgia, Richmond County. Personally appeared, Jack E. Webb, who being duly sworn says that he is the auditor of Newspaper Printing Corp., agent for The Augusta Herald a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice to General Assembly of Georgia Notice. Notice is hereby given that there will be introduced at the November session, 1953, of the General Assembly of Georgia local legislation to provide that the Richmond County Board of Commissioners of Roads and Revenues shall levy and collect taxes to meet the budget of the Richmond County Board of Health; and to further provide that the Richmond Board of Commissioners of Roads and Revenues shall appoint the members of the County Board of Health of Richmond County; and for other purposes. Frank H. Pierce, County Attorney.

Page 2604

n6, 13, 20 duly appeared in said newspaper on the following dates to wit: November 6-13-20-1953. /s/ Jack E. Webb Sworn to and subscribed before me this 20th day of November 1953. /s/ Joseph S. Wright Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal) Approved December 17, 1953. LINCOLN COUNTY TAX COMMISSIONER. No. 680 (House Bill No. 942). An Act to consolidate the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County; to provide for term of office; to provide for the election of the tax commissioner; to provide the method of filling vacancies; to provide the rights, duties and liabilities of said office; to provide for compensation; to provide for giving bond; to provide that all taxes due and all tax fi. fas. issued shall remain of full force and effect and be collectible; to provide that the tax commissioner shall not have to make rounds to collect taxes; 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. Effective January 1, 1957, the office of Tax Receiver and the office of Tax Collector of Lincoln County are hereby consolidated into the office of Tax

Page 2605

Commissioner of Lincoln County. The rights, duties and liabilities of the said office of tax commissioner shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State, so far as the same are applicable. Tax commissioner. Section 2. The first election for the office of tax commissioner, created herein, shall be held at the same time the 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 years. Likewise, all future elections for tax commissioner shall be held at the same time as other county officers are elected, and the tax commissioner shall likewise have a term of office of four years and until his successor is elected and qualified. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled as vacancies are now filled in the office of tax collector. Until January 1, 1957, the Tax Receiver and the Tax Collector of Lincoln County shall continue in office and perform all of their respective duties. Election and term. Section 3. All taxes due and payable at the time the tax commissioner takes office, and all tax fi. fas. theretofore issued by the Tax Collector of Lincoln County, shall have full force and effect and be collectible as issued. Section 4. The Tax Commissioner of Lincoln County 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 Tax Collector by Lincoln County, the State of Georgia, and other taxing units for which he may collect taxes. The tax commissioner shall also receive any and all fees which may be hereafter provided for tax receivers and tax collectors and tax commissioners. Compensation. Section 5. The tax commissioner shall be furnished an office in the Lincoln County courthouse and shall keep said office open for the transaction of business as other county officers do. The tax commissioner shall not be

Page 2606

required to leave his office or make rounds for the purpose of receiving or collecting taxes. Office. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath now prescribed by law for the tax collector and shall give bond as provided by law, which bond shall be conditioned for the faithful performance of his duties and shall be made payable to the Ordinary of Lincoln County for the use of Lincoln County. Oath, bond. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I will introduce at the forthcoming session of the General Assembly a local bill to consolidate the offices of Tax Receiver and Tax Collector of Lincoln County into the office of tax commissioner, to become effective at the end of the present terms of the officials now holding these offices. The bill, if enacted into law, will involve upon the tax commissioner all the duties now performed by the tax receiver and tax collector, and will provide that said tax commissioner shall give his full time to the duties of the office, thereby making available to the people the services of a tax receiver and a tax collector at all times during the year. Most counties in Georgia now operate under a tax commissioner, and I am of the opinion the change will make for a better and more serviceable administration of the county's tax receiving and tax collecting agencies. Enactment of this bill will not affect the terms of office nor the emoluments, to which the present tax collector and tax receiver have been elected. John P. Drinkard.

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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: November 5, 1953, November 12, 1953, and November 19, 1953. /s/ John P. Drinkard Representative, Lincoln County Sworn to and subscribed before me, this 23 of November, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial seal affixed. Approved December 17, 1953. QUITMAN COUNTY COMMISSIONERS. No. 681 (House Bill No. 905). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Quitman County, approved February 27, 1953 (Ga. Laws 1953, January-February session, p. 2770), so as to provide for elections; 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 the Board of Commissioners of Roads and Revenues of Quitman County, approved

Page 2608

February 27, 1953 (Ga. Laws 1953, January-February Session, p. 2770), is hereby amended by adding at the end of Section 1 the following: The members hereof shall be elected at the same time as they would have under the law as it existed prior to the passage of this Act., so that when so amended Section 1 shall read as follows: Sec. 1, Act of 1953, amended. 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 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. The members hereof shall be elected at the same time as they would have under the law as it existed prior to the passage of this Act. Members. Election, terms, etc. Section 2. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. This Act shall become effective immediately upon the passage and approval by the Governor, or its otherwise becoming law. 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. Georgia, Quitman County. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia, a bill to amend the laws relating to the County Commissioners of Quitman County, so as to provide for a vacancy in office; to provide for the same dates for elections; to provide for an effective date, and for other purposes. This 19th day of October, 1953. Joe J. Hurst, Representative of Quitman County. 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: October 29, 1953, Nov. 5, 1953, and Nov. 12, 1953. /s/ Joe J. Hurst, Representative, Quitman County Sworn to and subscribed before me, this 23rd day of November, 1953. /s/ Floy C. Stephenson Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 19. Approved December 17, 1953.

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AUGUSTAEXTENSION OF CORPORATE LIMITS. No. 682 (House Bill No. 779). 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 extend the corporate limits of said city beyond the limits as now defined, so as to include all that territory lying north and west of the present city limits line, south and east of the National Golf Course and Fruitland Nurseries, which includes Bedford Heights, Vineland Subdivision, Lakemont Subdivision, and other property adjacent to and in the vicinity thereof; also certain territory north and west of the present city limits now known as Washington Gardens, National Golf Course, Berckman Hills, Magnolia Heights, Fruitland Nurseries, Fruitland Estates, together with all that territory lying on the east and west side of Berckman Road and extending from the present city limits line to the Augusta Canal, and other territory adjacent thereto and in the vicinity thereof; also all that territory between Boy Scout Road and Lake Forest Drive extending from Rae's Creek to the north and west line of Area B known as the Forest Hills Subdivision and Wheeler Road Area which has been approved to be voted into the City by Act #498 (Senate Bill #211), and other territory adjacent thereto and in the vicinity thereof; also, all that territory generally lying between Jackson Road and Sibley Road on the west, the Georgia Railroad right-of-way on the south, West Lake Forest Drive and Walton Way extension on the north and the present limits on the east, which includes Jackson Heights, Myrtle Court, Golf Park Apartments, and other territory adjacent thereto and in the vicinity thereof; also, all that territory generally lying south of the Georgia Railroad right-of-way, east of Wilkinson Road, north of a line 200 feet south of Milledgeville Road, Murphy Road, and Deans Bridge Road and west of Olive Road which includes Albion Acres, Glendale Subdivision, Kissingbower Lake Subdivision, and other territory adjacent thereto and

Page 2611

in the vicinity thereof; also, all that territory lying south of the Georgia Railroad right-of-way, east of Olive Road, west of Sunset Avenue and north of the line 200 feet south of Milledgeville Road, together with a tract north of the Georgia-Florida Railroad east of Ninth Avenue and bounded on all other sides by the present city limits line, and other territory adjacent thereto and in the vicinity thereof; also, all that territory east of east boundary, south of the present city limits line on the levee right-of-way, north of the Charleston Western Carolina Railroad right-of-way, and generally west of Lovers' Lane Road which includes Mansion Homes, Marion Homes, Hornsby Subdivision, Trailer Park Subdivision and other territory adjacent thereto and in the vicinity thereof; and further, to provide that none of said territories shall be included within the corporate limits of said city unless the applicable part of this amendment is first ratified and approved by a majority of the qualified electors of the territory concerned voting in an election called for that purpose, which election will have first been petitioned for by at least twenty-five percent (25%) of the territory concerned and voted for by a majority of the City Council of Augusta in accordance with the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section 1. That the corporate limits of the City of Augusta are extended beyond the limits as now defined so as to include all of the following described territory: All that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point on the present city limits line at the intersection of the projection of the West property line of Vineland Subdivision and south bank of Rae's Creek, thence in a northernly direction along the west property line of Vineland Subdivision north 14 degrees, 55 minutes east, 1729.0 feet to a point, thence north 13 degrees, 10 minutes east,

Page 2612

1373.0 feet to a point, thence north 26 degrees, 35 minutes east, 356.0 feet to a point on the south side of Washington Road right-of-way, thence north 26 degrees, 35 minutes east across Washington Road 63 feet, more or less, to a point on the north right-of-way line of Washington Road, thence in a southeasternly direction along the north right-of-way of Washington Road 1200 feet, more or less, to the intersection of the east property line of Fruitland Nurseries and the north property line of Washington Road, thence north 35 degrees, 10 minutes east, 1864 feet to a point, thence north 38 degrees, 25 minutes east, 2452 feet to the intersection of the berme bank or flow line on the south side of the Augusta Canal, which is the present city limit Line, thence along the present city limit Line to the point of beginning as follows: in a southeasterly direction along the southern line or berme bank of the Augusta Canal to the point of intersection with the high water line of Lake Olmstead, thence in a southwesterly direction along the high water line of Lake Olmstead to Broad Street, thence across Rae's Creek, excluding the Broad Street Bridge, thence in a westerly direction along the south bank of Rae's Creek to the intersection of a projection of the west property line of Vineland Subdivision, which is the point of beginning. Also, all that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point on the present city limits Line on the south side of Wheeler Road where the east property line of Berckman Road intersects, thence north along the east property line of Berckman Road 540 feet, more or less, to a point, thence north 82 degrees, 00 minutes west, 1935 feet, more or less, to a point on the western property line of Boy Scout Road, thence north along the western property line of Boy Scout Road 4850 feet, more or less, to a point where the north property line of Berckman Hill Subdivision intersects Boy Scout Road, thence north 55 degrees, 10 minutes east, 117 feet to a point, thence north 57 degrees, 45 minutes east, 258.4 feet to a point, thence south 32 degrees, 20 minutes east, 427.7 feet to a point, thence north 48 degrees, 47 minutes east, 1121 feet

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to a point, thence north 36 degrees, 54 minutes east, 157.5 feet to a point, thence north 49 degrees, 30 minutes east, 196 feet to a point, thence north 35 degrees, 10 minutes east, 2181 feet to a point, thence north 10 degrees, 30 minutes east, 1412 feet to a point on the south property line of Washington Road, thence southeast along the south property line of Washington Road 3340 feet, more or less, to a point where the Magnolia Heights Subdivision west property line intersects Washington Road, thence north 34 degrees, 04 minutes east, 1367 feet across Washington Road to a point, thence south 52 degrees, 56 minutes east, 95 feet to a point, thence north 34 degrees, 04 minutes east, 4513 feet, more or less, to the intersection of the berme bank or flow line on the south side of the Augusta Canal which is the present city limits line, thence in a southerly direction along the berme bank or flow line of the south side of the Augusta Canal, which is the present city limits line, to a point where the eastern property line of Fruitland Nurseries intersects, thence south 38 degrees, 25 minutes west, 2452 feet to a point, thence south 35 degrees, 10 minutes west, 1864 feet to the north property line of Washington Road, thence in a northwesternly direction along the north property line of Washington Road 1200 feet, more or less, to a point where a projection of the west property line of Vineland Subdivision intersects the north property line of Washington Road, thence south 26 degrees, 35 minutes west, 63 feet, more or less, to a point on the south property line of Washington Road, thence south 26 degrees, 35 minutes west, 356 feet to a point, thence south 18 degrees, 10 minutes west, 1373 feet to a point, thence south 14 degrees, 55 minutes west, 1729 feet to a point where the west property line of Vineland Subdivision intersects Rae's Creek, which is the present city limits Line, thence in a westernly direction along the south bank of Rae's Creek to the west property line of the Augusta Country Club, thence south 8 degrees, 00 minutes west, along the west property line of the Country Club grounds 2916 feet to a point, thence in a southwesternly direction along the east property line of the Westover Cemetery to a point on the south property line

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of Wheeler Road, which is the present city limits Line, thence in a westerly direction along the south property line of Wheeler Road 850 feet, more or less, to point of beginning. Also, all that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point where Rae's Creek intersects the southwest side of Boy Scout Road, thence in a southwesterly direction along the property line of Rae's Creek to a point on the south property line of Walton Way Extension, thence in a westerly direction along the south property line of Walton Way Extension to the point of intersection of the south side of Walton Way Extension and the west side of Lake Forest Drive, thence in a southeasterly direction along the south property line of Lake Forest Drive to the intersection of the present city limit line, thence continuing along the south property line of Lake Forest Drive, which is now the present city limit line, to a point opposite Reed Road, thence north 0 degrees, 00 minutes, 02 seconds west, 860 feet across Lake Forest Drive to a point, thence north 88 degrees, 00 minutes east, to that point at which that bearing intersects a line running due south from the intersection of Walton Way Extension and Fox Spring Creek, thence due north to the intersection of Walton Way Extension and Fox Spring Creek, thence due north to that point at which that bearing intersects the western projection of the north property line of Hazel Street on a bearing of south 89 degrees west, thence north 89 degrees east to the east property line of Bransford Road (North Extension), thence north along the east property line of Bransford Road (North Extension) to the south property line of Wheeler Road, thence north 2 degrees, 30 minutes east, 400 feet to a point, thence south 82 degrees east to the west property line of Boy Scout Road, thence north along the west property line of Boy Scout Road to Rae's Creek, which is the point of beginning. Also, all that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point where the westernmost city limit line intersects the north-east

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right-of-way of the Georgia Railroad, thence in a northwesterly direction along the northeast right-of-way of the Georgia Railroad to the point of intersection with the east property line of Sibley Road, thence in a northerly direction along the east property line of Sibley Road to the point of intersection of the south property line of Wrightsboro Road, thence across Wrightsboro Road in a northerly direction along the east property line of Jackson Road to the point of intersection with the south property line of Walton Way Extension, thence in an easterly direction along the south property line of Walton Way Extension to the point of intersection with the west property line of Lake Forest Drive, thence in a southeasterly direction along the south property line of Lake Forest Drive to the point of intersection with the present city limit line, thence along the present city limit line to the point of beginning as follows: south 33 degrees, 35 minutes west, 1060.16 feet to a point, thence south 50 degrees, 55 minutes, 50 seconds west, 639.89 feet to a point, thence south 44 degrees, 32 minutes east, 228 feet to a point, thence south 44 degrees, 41 minutes, 39 seconds east, 1452.68 feet to a point, thence south 6 degrees, 06 minutes, 15 seconds east, 229.16 feet to a point, thence south 76 degrees, 27 minutes, 25 seconds west 574.15 feet to a point, thence south 7 degrees, 01 minutes, 27 seconds east, 771.05 feet across Wrightsboro Road to a point, thence south 86 degrees, 38 minutes, 54 seconds west, 450.91 feet along the south property line of Wrightsboro Road to a point, thence south 13 degrees, 36 minutes east, 464.38 feet to a point, thence south 14 degrees, 46 minutes, 15 seconds east, 386.32 feet to a point, thence north 75 degrees, 59 minutes, 40 seconds east, 592.23 feet to a point, thence north 75 degrees, 21 minutes, 40 seconds east, 35.3 feet to a point, thence north 74 degrees, 42 minutes east, 2277.64 feet to a point, thence north 74 degrees, 36 minutes 20 seconds east, 500.70 feet to a point, thence north 83 degrees, 09 minutes, 50 seconds east, 812.94 feet to the point of intersection on the west property line of Damascus Road, thence south 2 degrees, 11 minutes west, 200.0 feet along the western property line of Damascus Road to a point,

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thence north 86 degrees, 31 minutes 54 seconds east, 409.2 feet across Damascus Road to a point, thence north 5 degrees, 24 minutes 06 seconds west, 75.0 feet to a point, thence south 80 degrees, 44 minutes east, 300.0 feet to a point, thence south 15 degrees, 45 minutes west, 60.0 feet to a point, thence south 80 degrees, 44 minutes east, 240.0 feet to a point, thence south 15 degrees, 45 minutes west, 3783 feet to the point of intersection with the east right-of-way of the Georgia Railroad which is the point of beginning. Also, all that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point where the east property line of Wilkinson Road intersects the north right-of-way line of the Georgia Railroad; thence in a southwesterly direction along the east property line of Wilkinson Road across Milledgeville Road to a point 200 feet south of the south right-of-way of Milledgeville Road; thence in a southeastern direction along a line 200 feet south of the south right-of-way of Milledgeville Road to the point of intersection with the west property line of Murphy Road; thence south along the west property line of Murphy Road to the south right-of-way line of Dean's Bridge Road to a point; thence east along the south right-of-way of Dean's Bridge Road to the point of intersection with the east property line of Cherry Road; thence south along the east property line of Cherry Road 200 feet to a point; thence east-wardly along a line 200 feet south of Dean's Bridge Road and Milledgeville Road to the point of intersection with the east property line of Olive Road; thence in a northerly direction along the east property line of Olive Road to the point of intersection with the north right-of-way of the Georgia Railroad; thence in a westerly direction along the north right-of-way of the Georgia Railroad to the point of intersection with the east property line of Wilkinson Road, which is the point of beginning. Also, all that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point where the east property line of Olive Road intersects the northwest right-of-way line of the Georgia Railroad;

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thence in a southerly direction along the east right-of-way line of Olive Road across Milledgeville Road to a point 200 feet south of the south right-of-way line of Milledgeville Road; thence in an easterly direction along a line 200 feet south of the south right-of-way line of Milledgeville Road to the point of intersection with the west property line of Birmingham Street (9th Avenue); thence in a southerly direction along the west property line of Birmingham Street (9th Avenue) and a projection of same to the point of intersection with the north right-of-way of the Georgia-Florida Railroad; thence in a northeasterly direction along the north right-of-way of the Georgia-Florida Railroad to the point of intersection with the present city limit line; thence along the present city limit line north 31 degrees, 45 minutes west, across Savannah Road along a line parallel to and 150 feet south of the south property line of Turpin Street to a point 150 feet from the south right-of-way line of Milledgeville Road; thence south 66 degrees, 45 minutes west along a line parallel to and 150 feet from the south side of Milledgeville Road 1060 feet; thence north 28 degrees, 55 minutes west along the north side of Sunset Avenue, 1240 feet to angle in street; thence along the north side of said street north 70 degrees, 16 minutes west, 700 feet to the east side of 15th Street; thence along the east side of 15th Street north 20 degrees east, 440 feet; thence north 55 degrees, 54 minutes west along the north side of the public road known as Sunset Road (formerly Little Hill Street) 1915 feet to an angle in said road; thence north 46 degrees, 27 minutes west along north line of said road to the intersection with the northwest right-of-way of the Georgia Railroad; thence along the northwest right-of-way of the Georgia Railroad to the point of intersection with the east property line of Olive Road, which is the point of beginning. Also, all that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point on the present city limit line at its intersection with the east property line of East Boundary and the south property line projection of Gwinnett Street; thence south 24 degrees, 00 minutes west, 135 feet, more or less, to the

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north right-of-way line of the C. W. C. Railroad; thence south 66 degrees, 40 minutes east, 5404 feet, more or less along the north right-of-way of the C. W. C. Railroad right-of-way to the point of intersection with the west property line of Lovers Lane; thence north 20 degrees, 30 minutes east, 1461 feet along the west property line of Lovers Lane to angle in lane; thence north 22 degrees, 45 minutes east 1787.56 feet, more or less, along the west property line of Lovers Lane across Sand Bar Ferry Road to the point of intersection with the north right-of-way line of Sand Bar Ferry Road; thence south 48 degrees, 00 minutes east, 552.56 feet, more or less, along the north right-of-way line of Sand Bar Ferry Road to a point; thence north 33 degrees, 40 minutes east, 1733 feet, more or less, to the point of intersection with the south right-of-way line of the Augusta Levee, which is now the present city limit line; thence along the present city limit line to the point of beginning as follows: in a northwesterly direction along the south right-of-way line of the Augusta Levee 6335 feet, more or less, to the point of intersection with the east property line of East Boundary; thence in a southerly direction along the east property line of East Boundary to the point of intersection with the south property line projection of Gwinnett Street, which is the point of beginning. Section 2. That any one or more of said separately described territories shall become a part of the City of Augusta ninety (90) days immediately following the approval and ratification of this charter amendment by a majority of the qualified electors residing in the particular territory concerned voting at an election called and held as hereinafter provided. Referenda. Section 3. That a written petition signed by at least twenty-five percent of the qualified electors of any of said territories shall be presented to the Mayor of the City of Augusta. Thereafter the Mayor of the City of Augusta shall satisfy himself that at least twenty-five percent of the qualified electors resident in the territory concerned have signed the said petition. Thereupon, it shall be the duty of the mayor, within thirty days after

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the presentation to him of the petition, to present the same to The City Council of Augusta and if a majority of the members of The City Council of Augusta shall vote for an election it shall be the duty of the mayor to immediately inform the Ordinary of Richmond County of the written petition of the qualified resident electors and of the action of The City Council of Augusta. Petition. Section 4. That the Ordinary of Richmond County, having been so informed, it shall then be his duty to call an election in the particular territory concerned at all the voting precincts therein within ninety days after receiving such information from the mayor. Notice shall be given of said election in each of the daily newspapers at least 30 days before the date of holding said election, notifying the qualified voters thereof that the election will be held on the question of approval and ratification of this amendment. The expense of holding said elections shall be paid by the City of Augusta. The Mayor of the City of Augusta and the Board of County Commissioners of Richmond County shall each be authorized to designate in equal numbers the managers and clerks who are to conduct the said election. Elections. Section 5. That all persons voting at said election in favor of the approval and ratification of this charter amendment shall have written or printed on their ballots the following words: For approval and ratification of charter amendment extending the limits of the City of Augusta, and all persons voting against approval and ratification shall have printed on their ballots the following words: Against approval and ratification of charter amendment extending the limits of the City of Augusta. Voting machines may be used. If a majority of those voting at said election shall vote in favor of the approval and ratification as herein provided, the ordinary of said county shall so declare, and furnish the Secretary of State and the Clerk of Council of the City of Augusta each a certified copy of the results of said election and a certified copy of his declaration declaring that a majority of the qualified voters voting at said election had approved and ratified this amendment.

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Section 6. That the power and authority of the City of Augusta under its present charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included with 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 Augusta, the power of taxing property and affixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due as now prescribed by charter; and the laws and ordinances of the City of Augusta are extended to all the limits included under the terms of this Act. The power of the police department, city tax assessors and receivers, tax collector, sheriff, clerk of council, building inspector, recorder, and all other officers of the City of Augusta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter and the laws and ordinances governing the City of Augusta. The said new territory is likewise made subject to all the bonds heretofore issued by the City of Augusta, and is bound for payment of said bonds equally with the former territory of the City of Augusta. Powers of city in added territory. Section 7. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 8. That there is attached hereto and by reference thereto made a part of this Act an affidavit evidencing the fact that notice of intention to apply for this local legislation has been published in the local newspapers, in which sheriff's notices are run, once a week for three weeks within a sixty day period prior to the introduction of said Act to the General Assembly of Georgia.

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Affidavit of Publication. The City Council of Augusta, Ga. Attorney or Agency Business State of Georgia, Richmond County. Personally appeared, Jack E. Webb, who being duly sworn says that he is the auditor of Newspaper Printing Corp., agent for The Augusta Herald a daily newspaper published in Augusta, in said State and county, and that the advertisement An Act Notice. Notice is hereby given that the following local legislation will be introduced by the undersigned at the November, 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 extend the corporate limits of said city beyond the limits as now defined, so as to include all that territory lying north and west of the present city limits line, south and east of the National Golf Course and Fruitland Nurseries, which includes Bedford Heights, Vineland Subdivision, Lakemont Subdivision, and other property adjacent to and in the vicinity thereof; also certain territory north and west of the present city limits now known as Washington Gardens, National Golf Course, Berckman Hills, Magnolia Heights, Fruitland Nurseries, Fruitland Estates, together with all that territory lying on the east and west side of Berckman Road and extending from the present city limits line to the Augusta Canal, and other territory adjacent thereto and in the vicinity thereof; also all that territory between Boy Scout Road and Lake Forest Drive extending from Rae's Creek to the

Page 2622

north and west line of Area B known as the Forest Hills Subdivision and Wheeler Road Area which has been approved to be voted into the City by Act No. 498 (Senate Bill No. 211), and other territory adjacent thereto and in the vicinity thereof; also, all that territory generally lying between Jackson Road and Sibley Road on the west, the Georgia Railroad right-of-way on the south, west Lake Forest Drive and Walton Way Extension on the north and the present limits on the east, which includes Jackson Heights, Myrtle Court, Golf Park Apartments, and other territory adjacent thereto and in the vicinity thereof; also, all that territory generally lying south of the Georgia Railraod right-of-way, east of Wilkinson Road, north of a line 200 ft. south of Milledgeville Road, Murphy Road, and Deans Bridge Road and west of Olive Road which includes Albion Acres, Glendale Subdivision, Kissingbower Lake Subdivision, and other territory adjacent thereto and in the vicinity thereof; also, all that territory lying south of the Georgia Railroad right-of-way, east of Olive Road, west of Sunset Avenue and north of the line 200 ft. south of Milledgeville Road, together with a tract north of the Georgia-Florida Railroad east of Ninth Avenue and bounded on all other sides by the present city limits line, and other territory adjacent thereto and in the vicinity thereof; also, all that territory east of East Boundary, south of; the present city limits line on the levee right-of-way, north of the Charleston Western Carolina Railroad right-of-way, and generally west of Lovers' Lane Road which includes Mansion Homes, Marion Homes, Hornsby Subdivision, Trailer Park Subdivision and other territory adjacent thereto and in the vicinity thereof; and further, to provide that none of said territories shall be included within the corporate limits of said city unless the applicable part of this amendment is first ratified and approved by a majority of the qualified electors of the territory concerned voting in an election called for that purpose, which election will have first been petitioned for by at least twenty-five per cent (25%) of the territory concerned and voted for by a majority of The City

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Council of Augusta in accordance with the provisions of this Act; and for other purposes. John C. Bell, Sam T. Graham, W. W. Holley, Members General Assembly of Georgia. 024, 32, n6 duly appeared in said newspaper on the following dates to wit: October-24-31-November-6-1953. /s/ Jack E. Webb Sworn to and subscribed before me this 13th. day of November 1953. /s/ Joseph S. Wright Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires June 10, 1956. (Seal) Personally appeared before me the undersigned attesting officer came Sam T. Graham, W. W. Holley and John C. Bell who first being duly sworn on oath depose and say that they are the authors of the foregoing bill and that notice of intention of same has been published in the Augusta Herald once a week for three weeks prior to the introduction thereof. /s/ John C. Bell /s/ W. W. Holley /s/ Sam T. Graham Sworn to and subscribed before me this 17 day of November, 1953. /s/ Julian C. Sipple Notary Public, Chatham County, Georgia. Approved December 17, 1953.

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RICHMOND COUNTY PENSION SYSTEM AMENDED. No. 683 (House Bill No. 1030). An Act to amend an Act approved February 23, 1945 (Acts 1945, pp. 748-763) entitled, An Act to provide a permanent county employee's pension fund for permanent employees of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, as now or hereafter constituted, and also for permanent employees of elective officers, now and in the future, holding an office in Richmond County, Georgia which elective officer now, and in the future, or who hereafter receives his pay from the treasury of Richmond County, Georgia; also to define `employee', `permanent employee', `total and permanent disability', and other terms; require that three (3) per centum of the salary, wages or remuneration of each employee of said board, and also of each employee of said elective officers, be deducted from his pay and paid into said fund as part thereof; to require said board to make payments into said fund as part thereof; to provide authority to the Board of Commissioners of Roads and Revenues of Richmond County, Georgia; to increase or reduce from time to time such deductions from such employee's salary, wage or remuneration, and to increase or reduce from time to time the sum to be paid by said board in matching said deductions from such employee's salary, wage or remuneration; to empower and authorize, now and in the future, said board to levy taxes to raise any and all sums required of it to be paid into said fund, from time to time, and to pay it over to the county treasurer of Richmond County, Georgia; to exclude from the provisions of this Act certain officers and employees, including employees and officials of the Department of Public Welfare of Richmond County, Georgia, and employees and officers of the Board of Health of Richmond County, Georgia, the county agent and county home demonstration agent; to define the county attorney as an employee of the county and his coming within the terms of this

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Act; to require said board and certain county employees and county officials, who now or who may hereafter draw any part of their pay from the Treasurer of Richmond County, Georgia, including the Treasurer of Richmond County, Georgia, to perform the duties and obligations in connection with said fund and to designate the said county treasurer as custodian of said fund; to provide for payment to a permanent employee from said fund; a retirement pension when his total services amount to twenty five (25) years; a retirement pension upon his reaching the age of sixty five (65); a retirement pension when after twenty (20) years' service he is separated therefrom; a total permanent disability pension for total and permanent disability incurred while in the discharge of his duties; a temporary disability pension; a refund of fifty (50) per centum of deductions from said salary, wage or remuneration, in the event of voluntary separation from service, or separation from service by discharge; less deductions provided; a refund upon separation from service by death of one hundred (100) per centum of deductions from said salary, wage or remuneration, less deduction provided; and to provide punishment under the criminal law for persons who violate the terms of this Act; and for other purposes. And to repeal all laws and parts of laws in conflict with this Act; as amended by an Act approved February 25, 1949 (Extra Sessions 1948, Regular Session 1949, pages 1982-1988); as amended by an Act approved February 21, 1951 (Ga. Laws 1951, pp. 3234-3241); by adding a new section to said Act to be known as Section 14-(a), which shall read as follows: 14-(a). That no employee of Richmond County shall be eligible to voluntarily retire from the service of said county until such time as he or she has reached the age of sixty (60) years; provided however, that this section shall not apply to those employees who were employed by Richmond County prior to the effective date of this amendment; and by striking from Section 15 on page 755 thereof, after the semi-colon in the 14th line of said section 15, the following language:

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provided that the age limitation of thirty-five (35) years shall not apply to any employee holding now or hereafter an office or position with said county, which office or position is named as official positions by said board, within thirty days from the effective date of this Act; and by changing the semi-colon in the 14th line of said Section 15 to a period; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act approved February 23, 1945 (Ga. Laws 1945, pp. 748-763), as amended by Gergia Laws 1949 approved February 25, 1949 (Extra Sessions 1948, Regular Session 1949, pp. 1982-1988), and as amended by an Act approved February 21, 1951 (Ga. Laws 1951, pages 3234-3241), be amended in the following particulars: Section 1. By adding a new section to said Act to be known as Sec. 14-(a), which shall read as follows: Sec. 14-(a). That no employee of Richmond County shall be eligible to voluntarily retire from the service of said county until such time as he or she has reached the age of sixty (60) years; provided, however, that this section shall not apply to those employees who were employed by Richmond County prior to the effective date of this amendment. Voluntary retirement. Section 2. By striking from Section 15 on page 755 thereof, after the semi-colon in the 15th line of said Section 15, the following language: provided that the age limitation of thirty-five (35) years shall not apply to any employee holding now or hereafter an office or position with said county, which office or position is named as official positions by said board, within thirty days from the effective date of this act; and by changing the semi-colon in the 14th line of said Section 15 to a period, so that said Section 15, when amended, shall read as follows:

Page 2627

Sec. 15. Any person who becomes an employee after the effective date of this Act, in order to come under any of the benefits of this Act or be entitled to any of the benefits of this Act as a permanent employee, shall not be over thirty-five (35) years of age when employed, and shall furnish to said board proof of his age and a health certificate to its satisfaction as to his age and to its satisfaction as to his good health at the time of such employment and at the time of his employment shall file the proof of his age and certificate of his health with the clerk of the commission of said county, and said certificate shall be from a reputable practicing physician in said county, designated for that purpose by said board. Employees entering service after effective date of Act. Section 3. That all laws or parts of laws in conflict with this Act, be, and the same are hereby repealed. Publication of notice of intention to apply for passage of local legislation. That there is attached to and made a part hereof a copy of a notice certified by the publisher of the Augusta Herald, the newspaper in which the sheriff's advertisements for the locality affected by this Act are published, to the effect that notice of intention to apply for the passage of this Act was published once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly, to wit, November 17th, 24th, and December 1st, 1953. Personally appeared before me, the undersigned attesting officer, came John C. Bell, W. W. Holley and Sam T. Graham who first being duly sworn on oath depose and say that they are the authors of the foregoing Act and that notice of intention to introduce the same has been published in the Augusta Herald once a week for three weeks within a period of 60 days prior to the introduction thereof. /s/ W. W. Holley /s/ Sam T. Graham /s/ John C. Bell

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Sworn to and subscribed before me this 2nd day of December 1953. Frank S. Cheatham, Jr. Notary Public. Chatham County, Ga. Affidavit of Publication. Attorney or AgencyFrank Pierce BusinessCounty Attorney State of Georgia, Richmond County. Personally appeared, Jack E. Webb, who being duly sworn says that he is the auditor of Newspaper Printing Corp., agent for The Augusta Herald a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice to General AssemblyPermanent employee pension fund. duly appeared in said newspaper on the following dates to wit: November-17-24-December-1-1953. /s/ Jack E. Webb Sworn to and subscribed before me this 1st. day of December 1953. /s/ Joseph S. Wright Notary Public, Richmond County, Ga. My commission expires June 16, 1956. Notarial seal affixed. Notice. Notice is hereby given that local legislation will be introduced at the November session, 1953, of the General Assembly of Georgia, which will amend Georgia Laws 1945, pages 748-763, which is an Act to provide a permanent county employee pension fund for permanent employees of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, as is now and hereinafter constituted, to provide that no person shall be

Page 2629

entitled to the benefits of said Act who shall be more than 35 years of age at the time of his employment, and to provide that no person shall retire until after he has reached the age of 60 years, except for disability. Frank H. Pierce, County Attorney. n 17, 24, d 1 Approved December 17, 1953. CAVE SPRING CHARTER AMENDED. No. 685 (House Bill No. 861). An Act to amend an Act approved August 14, 1920, entitled An Act to create a new charter and municipal government for the City of Cave Spring; to define the rights and powers of the municipality, provide its officers and prescribe and define their duties and their compensation; to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith; and for other purposes, by providing for the making of a temporary loan or loans to supply casual deficiencies by authority of the mayor and council, by prescribing the requisites for making such loans, by providing for the handling of the proceeds of such loans, and by providing for the application of revenues to the payment of such loans; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, an Act of the General Assembly of the State of Georgia, entitled An Act to create a new charter and municipal government of the City of Cave Spring; to define the rights and powers of the municipality, provide its officers and prescribe and define their duties

Page 2630

and their compensation; to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith; and for other purposes, approved August 14, 1920, be and the same is hereby amended by adding, at the end thereof, a section as follows: Sec. 50. The City of Cave Spring may make a temporary loan or loans to supply casual deficiencies in revenue and in anticipation of the collection of current revenues for the year, for the payment of expenses in accordance with the budget to which such revenues are applicable, of not more than one-fifth of one per centum of the assessed value of the taxable property within the corporate limits of the City of Cave Spring, and within the revenues available for the year. Any money so borrowed shall be on a note or notes duly executed in the name of the City of Cave Spring by the mayor, or in his absence or disability, the mayor pro tem., with the seal of the city attached. The making of such a note shall be authorized by a resolution adopted in regular meeting of the mayor and council, stating the purposes of the loan, how the proceeds thereof shall be used and applied, and the particular revenues anticipated, and when the collection of such revenue is expected. Such a loan, when so made, shall be placed in a special account, and checks shall be drawn on such account only for the purpose of the loan. The resolution shall fix the amount of the interest, and a copy of the resolution duly certified by the clerk of the council under the seal of the city shall be attached to the note. Thereupon such revenues anticipated shall be first applied to the payment of such note, and they shall not be used for any other purpose until such note is paid according to the terms of the resolution. Loans. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia. Personally appeared before the undersigned authority, M. G. Hicks, who, being duly sworn, says on oath that

Page 2631

he is the author of the above and foregoing bill, and that the notice copy of which is hereto attached, marked Exhibit A, has been published in the Rome News Tribune, the newspaper in which the sheriff's advertisements for the locality affectd are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill into the General Assembly, as required by law. Exhibit A. Notice is hereby given of intention to apply for local legislation at the next meeting of the General Assembly of Georgia, which convenes in November, 1953, amending the charter of the City of Cave Spring (Ga. Laws 1920, p. 818 et seq.), and all laws amendatory thereto. E. S. Howell, Mayor, City of Cave Spring /s/ M. G. Hicks Sworn to and subscribed before me, this 19 day of November, 1953. /s/ Janette Hirsch Notary Public, State of Georgia. Seal affixed. Notice. Notice is hereby given of intention to apply for local legislation at the next meeting of the General Assembly of Georgia, which convenes in November, 1953, amending the charter of the City of Cave Spring (Ga. Laws 1920, p. 818 et seq.), and all laws amendatory thereto. E. S. Howell, Mayor, City of Cave Spring. Oct. 21, 28; Nov. 4. Approved December 17, 1953.

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MONROE CORPORATE LIMITS EXTENDED. No. 686 (House Bill No. 824). An Act to amend an Act creating a new charter for the City of Monroe, approved December 3, 1896 (Ga. Laws 1896, p. 212), as amended; to repeal an ordinance adopted by the Mayor and Council of the City of Monroe on March 17, 1953, annexing territory to the City of Monroe; to annex territory to the corporate limits of City of Monroe so as to extend the city limits of said City of Monroe; to give said City of Monroe jurisdiction within the annexed territory for the purpose of exercising all rights and privileges possessed by said City of Monroe under its present charter as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. That the ordinance adopted by the Mayor and Council of the City of Monroe on March 17, 1953, annexing territory to the corporate limits of the City of Monroe, is hereby repealed. Section 2. That the corporate limits of the City of Monroe be enlarged and extended so as to include and embrace within the corporate limits of the City of Monroe all the territory lying within the following boundary lines: All that tract or parcel of land lying and being in the County of Walton, State of Georgia, and adjoining the existing city limits, which existing city limits embrace the territory within one (1) mile from the courthouse in every direction, and being more particularly described as follows: Beginning at a point on State Route No. 10, U. S. Highway No. 78, westerly from the City of Monroe at a point one (1) mile from the courthouse in City of Monroe, said

Page 2633

beginning point being at the northerly edge of the right-of-way of said highway and running along the northerly edge of said highway south 72 degrees west 14.00 chains to a corner; running thence north 18 degrees west 14.33 chains to the center of old road; running thence along center of said old road north 79 degrees east 8.25 chains to corner; running thence south 4 degrees east 1.56 chains to corner; running thence south 89 degrees east 5.05 chains to corner; running thence north 73 degrees east 2.13 chains across public road to the easterly edge of the right-of-way of said public road; running thence along the easterly edge of the right-of-way of said public road north 30 degrees west 2.25 chains to corner at center of said old road; running thence along center of old road north 79 degrees east 4.00 chains to the city limit of City of Monroe; running thence in a southerly direction along the city limit of said City of Monroe 13 chains to the beginning point. The land so annexed contains twenty and three-fourths (20 3/4) acres, as shown by a plat made by J. M. Williams, County Surveyor, Walton County, Georgia, on August 13, 1953. Description. Section 3. That all powers and authority of the City of Monroe, under its charter and ordinance 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 power and authority of the officers of the said city are made co-extensive 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 Monroe, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and in cases of default, sell the property for which the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Monroe, 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, building inspector, court recorder, and all other officers of the City of Monroe, even though not specifically named herein, are extended

Page 2634

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 Monroe. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Monroe and is bound for the payment of such bonds equally with the other territory comprising the City of Monroe. Powers of city in added territory. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. State of Georgia, County of Walton. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Sanders Camp, who, having been first duly sworn on oath, deposes and says that he is the managing editor of the Walton Tribune, a newspaper in which are published the sheriff's advertisements for Walton County, Georgia; that the notice of intention to apply for passage of local bill, copy of which is attached below this certificate, was published in the Walton Tribune in the issues of October 28, November 4th, and November 11th, 1953. /s/ Sanders Camp Sworn to and subscribed before me this 16th day of November, 1953. /s/ Virginia A. Bagwell Notary Public, Walton County, Ga. Notarial seal affixed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that there will be introduced at the November 1953 session of the General Assembly of Georgia a bill to amend the charter of the City of Monroe so as to annex territory to the corporate limits of City of Monroe, the territory to be annexed consisting of land containing twenty and three-fourths (20 3/4) acres joining the westerly city limits of Monroe on the northerly side of State Route 10, U. S. Highway 78; to

Page 2635

extend the power and authority of the City of Monroe to the territory included within said limits; to repeal conflicting laws; and for other purposes. This 26th day of October, 1953. L. D. Wall, City Clerk, City of Monroe. (43 44 45) Approved December 17, 1953. ATHENSRECORDER. No. 688 (House Bill No. 771). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to provide that the term of office of the Recorder of the City of Athens to be elected on the first Wednesday in December of 1953 shall continue until December 31, 1957; that thereafter the term of office of the recorder shall be four years; and that the recorder shall be elected at the same time and under the same laws, ordinances and regulations as govern the election of the members of the council at the election of members of council next preceding the expiration of the term of office of the recorder. Be it enacted by the General Assembly of Georgia and by the authority of the same it is hereby enacted as follows: Section 1. The term of office of the Recorder of the City of Athens to be elected on the first Wednesday in December, 1953 shall continue until December 31,

Page 2636

1957, and thereafter until his successor shall be chosen and qualified. Term. Section 2. After the expiration of the term of office of the Recorder of the City of Athens provided for in Section 1 of this Act, the term of office of the Recorder of the City of Athens shall be four years, and until his successor shall be chosen and qualified. Section 3. After the passage and approval of this Act, the Recorder of the City of Athens shall be elected at the same time, and under the same laws, ordinances and regulations as govern the election of members of the Council of the City of Athens in the election of members of Council of the City of Athens next preceding the expiration of the term of office of the recorder. Election. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned, in response to a request by the Mayor and Council of the City of Athens, intend to apply to the General Assembly of Georgia, at the November, 1953, adjourned session thereof for an amendment to the charter of the Mayor and Council of the City of Athens providing that the term of the Recorder of the City of Athens to be elected on the first Wednesday in December of 1953 shall continue until December 31, 1957; that thereafter the term of office of the recorder shall be four years; and that the recorder shall be elected at the same time and under the same laws, ordinances and regulations as govern the election of the members of council at the election of numbers of council next preceding the expiration of the term of office of the recorder.

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This October 28, 1953. Chappelle Matthews, Robert G. Stephens, Jr., Representatives from Clarke County in the General Assembly of Georgia. o30-n6-13 Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation affecting The Mayor and Council of the City of Athens was published in the Athens Banner-Herald on October 30, 1953, November 6, 1953 and November 13, 1953. /s/ E. B. Braswell Certified, sworn to and subscribed before me this 14th day of November, 1953. /s/ James Barrow Notary PublicClarke Co. Ga. Notarial seal affixed. Approved December 17, 1953. POWDER SPRINGS CHARTER AMENDED. No. 689 (House Bill No. 867). An Act to amend an Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. Laws 1920, p. 1437), so as to provide the city election date and

Page 2638

the hours of such election; to provide the date on which city officers take office; to provide for the method of the election of the mayor and council; to provide for a regular meeting night of the mayor and council; to provide that the present mayor and members of council retain their offices until the second Thursday in January, 1955; to provide for the qualifications of voters; to provide for permanent registration of voters; to provide for a board of registrars; to provide for the oath of voters; to eliminate the offices of city treasurer, city tax receiver and city tax collector and to provide that the duties of such offices shall be performed by the city clerk; to provide for filling vacancies on the city council; 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 Powder Springs, approved August 5, 1920 (Ga. Laws 1920, p. 1437), is hereby amended by striking Section 2, relating to the mayor and council, their terms of office and subordinate officers, and inserting in lieu thereof a new Section 2 to read as follows: Sec. 2, Act of 1920, amended. Section 2. The municipal government of said city shall consist of a mayor and five councilmen who shall constitute the legislative body for said city. On the first Saturday in December, 1954, an election shall be held for mayor and five members of council. The person elected as mayor shall be elected for a two-year term and until his successor is elected and qualified. The two persons receiving the highest number of votes for membership on the city council shall be elected for two-year terms, and until their successors are elected and qualified. In the event two or more of the candidates receive the same number of votes and it is necessary to determine which one or ones shall serve for a two-year term and which one or ones shall serve for a one-year term, a runoff election shall be held between such candidates on the third Saturday in December, 1954, under the same

Page 2639

rules and regulations as governed the election on the first Saturday of said month and year. Biennially thereafter on the first Saturday in December, successors to the mayor and the two aforesaid members of council shall be elected for two-year terms and until their successors are elected and qualified. The three remaining persons elected to membership on the city council in the 1954 election shall be elected for a one-year term and until their successors are elected and qualified. On the first Saturday in December, 1955, their successors shall be elected for two-year terms and until their successors are elected and qualified, and thereafter their successors shall be elected on the same date biennially for two-year terms and until their successors are elected and qualified. The mayor and members of council elected at the 1954 election shall take office on the second Thursday in January of 1955. All persons elected at all subsequent elections shall assume office on the second Thursday in January immediately following their election in December. The mayor and members of council serving at the time this Act becomes law shall serve until the second Thursday in January, 1955. The council may elect or appoint such subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter, or any ordinance passed by said council in the pursuance of the rights and powers herein conferred, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and the City of Powder Springs. All such subordinate officers shall hold their offices at the will of the council and receive such salary as may be fixed by the council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties and shall give such bond as the council may require, payable to the City of Powder Springs, conditioned upon the faithful performance of the duties of their respective offices. A quorum shall consist of three councilmen and the mayor. Mayor and councilmen. Section 2. Said Act is further amended by striking Section 3, relating to the election and the hours during

Page 2640

which the polls shall be open, and inserting in lieu thereof a new Section 3 to read as follows: Sec. 3 amended. Section 3. The polls of the City of Powder Springs shall be open from 10:00 o'clock A. M. on the date of said elections until 7:00 o'clock P. M. on the date of said election. Voting hours. Section 3. Said Act is further amended by striking Section 4, relating to the qualification of voters, and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Every citizen of the City of Powder Springs, eighteen years of age or over, who shall have resided within the corporate limits of the City of Powder Springs for a period of six months next preceding an election, and who is registered and entitled to vote for representatives from the County of Cobb in the General Assembly of the State of Georgia, and who is legally registered under the ordinances of said city as a voter in the municipal elections of said city at least fifteen days preceding an election, and who shall have paid all taxes which may have been required of him or her by said city, and which he or she may have had an opportunity to pay agreeably to law, except for the year during which the election was held, and who shall have paid all fines, license and business taxes required of him or her by said city, shall be qualified to vote at any election held in said City of Powder Springs. Qualifications of voters. Section 4. Said Act is further amended by striking Section 5, relating to the registration of voters, and inserting in lieu thereof a new Section 5 to read as follows: Sec. 5 amended. Section 5. The mayor and council shall appoint three persons who shall act as the board of registrars of said city. The registrars shall be appointed for a term of two years and until their successors are appointed and qualified. The mayor and council shall fix the compensation of the registrars. In order to be eligible for appointment as a member of the board of registrars, a person

Page 2641

must be a registered and qualified voter of the City of Powder Springs. Registrars. Section 5. Said Act is further amended by striking Section 6, relating to the registration of voters, and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The board of registrars shall provide suitable books for the permanent registration of the voters of said city. The registrars shall register qualified voters of the city in said books and no person being once registered 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 disqualified for some other reason. The registration books shall remain open at all times except on the days on which official business of the city is normally suspended. The registration books shall also be closed fifteen days before an election. It shall be the duty of the board of registrars to purge the list of registered voters and to present three certified copies of the list to be used in an election to the election managers prior to each election. Registration. Section 6. Said Act is further amended by striking Section 7, relating to the registration of voters, and inserting in lieu thereof a new Section 7 to read as follows: Section 7. It shall be the duty of all persons who desire to register to apply to the board of registrars in person, and to furnish the board with evidence of their qualification for registration. In case the board is not satisfied as to the qualifications of the applicant, the applicant may be required to take the following oath: `I do swear (or affirm) that I am a qualified voter for members of the General Assembly for Cobb County, and have paid all taxes which have been required of me by said city and which I have had an opportunity to pay agreeably to law, and have paid all fines and license and business taxes required of me by said city, so help me God.' The members of the board of registrars are hereby authorized to administer said oath and shall keep

Page 2642

a record of the same upon the registration books and may refuse to register any person who declines to take the aforesaid oath. Oath. Section 7. Said Act is further amended by striking Section 8, relating to illegal voting and false swearing, and inserting in lieu thereof a new Section 8 to read as follows: Sec. 8 amended. Section 8. Any personvoting illegally in any election of the City of Powder Springs, or falsely swearing or affirming in order to register, or otherwise violating any provisions of this Act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Illegal voting. Section 8. Said Act is further amended by striking Section 9, relating to the management of elections and the oath of voters, and inserting in lieu thereof a new Section 9 to read as follows: Sec. 9 amended. Section 9. Said election shall be held under the superintendence of a justice of the peace and two freeholders, or three freeholders, who shall be appointed by the mayor and council at least five days before the election. Each of said election managers shall, before entering upon his duties, take an oath before some officer of this State authorized by law to administer oaths, that he will faithfully and impartially conduct said election and will prevent illegal voting, to the best of his skill and power. In case the election managers shall have any reasonable doubt as to the qualifications of any persons who desire to vote in an election, they shall have the power to administer the following oath: `You do solemnly swear (or affirm) that you have attained the age of eighteen years; that you are a citizen of the United States; that you are qualified to vote for members of the General Assembly for Cobb County; that you have resided within the corporate limits of the City of Powder Springs the preceding six months; that you are a properly registered voter of said City of Powder Springs; that you have paid all taxes which have been

Page 2643

required of you by said city and which you have had an opportunity to pay agreeably to law except for this year; that you have paid all fines and license and business taxes required of you by said city, so help you God.' Any person who shall take said oath and shall swear falsely shall be guilty of false swearing and upon conviction thereof shall be punished as provided under the laws of this State relating to the punishment for false swearing. Election management. False swearing. Section 9. Said Act is further amended by striking Section 10, relating to voting, and inserting in lieu thereof a new Section 10 to read as follows: Sec. 10 amended. Section 10. Elections for mayor and members of council shall be determined on a plurality basis. Section 10. Said Act is further amended by striking Section 11, relating to filling of vacancies in the office of mayor and council, and inserting in lieu thereof a new Section 11 to read as follows: Section 11. In case of a vacancy in the office of mayor by virtue of death, resignation or any other cause other than expiration of term of office, the mayor pro tem. shall order a new election to fill said vacancy, giving ten days' notice thereof by publication in any newspaper that may be published in said city or by posting a notice of the same for at least ten days in three or more public places in said city, one of which places shall be the door of the courthouse where the mayor's court is held in said city. The registration list for the last preceding regular election for mayor shall be applicable to said special election. If such vacancy shall occur within three months prior to the next regular election for mayor, no election shall be called to fill said vacancy but the mayor pro tem. shall, upon taking the oath of mayor, serve out the unexpired term and said council shall elect a new mayor pro tem. Vacancy mayor and council. In case of a vacancy in the office of a member of council from death, resignation or any other cause other than expiration of term of office, the vacancy shall be

Page 2644

filled by the remaining members of council who shall appoint a person to fill the unexpired term. Section 11. Said Act is further amended by striking from Section 12, relating to results of the election and oath of office, the words on the first Monday thereafter, and inserting in lieu thereof the words on the second Thursday in January thereafter, so that when so amended Section 12 shall read as follows: Sec. 12 amended. Section 12. After the votes for mayor and councilmen at each election therefor for said city, shall have been counted by the managers, and the result determined, they shall cause two certified copies of the tally sheets to be made out, one of which shall be handed to the mayor, and the other shall be retained by the managers; and as soon as the mayor of said city shall be informed of the results of the election, he shall cause the persons elected as aforesaid to be notified of the fact and the persons so elected shall attend on the second Thursday in January thereafter at the council chamber at the regular meeting of the mayor and council, and the newly-elected mayor and each member of council shall take and subscribe before the clerk of some court of record of this State, or before an officer of said State authorized by law to administer oaths, the following oath: `I swear that I will faithfully and impartially demean myself as mayor (or councilman, as the case may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly promised my vote or support to any person or officer in the said government of the City of Powder Springs, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in said government to be influenced by fear, favor or the hope of reward, but in all things pertaining to my office I will be governed by what in my judgment is for the public good and for the best interest of said city, so help me God.' Results. Oath of mayor and councilmen. Section 12. Said Act is further amended by striking

Page 2645

the words or city treasurer from Section 14, so that when so amended Section 14 shall read as follows: Sec. 12 amended. Section 14. No person shall be eligible as mayor or councilman of the City of Powder Springs unless such person is a qualified voter of said city at the time of his election to such office. Section 13. Said Act is further amended by striking Section 18, relating to municipal officers, and inserting in lieu thereof a new Section 18 to read as follows: Sec. 18 amended. Section 18. As its first regular meeting after qualification and upon organization, or as soon thereafter as practicable, the mayor and council of the City of Powder Springs shall elect a city clerk and city marshal for said city. The qualifications for each of such subordinate officers herein provided for shall be the same as those for mayor and council, and they shall, upon assuming their duties, take and subscribe such oath of office as the mayor and council may prescribe, and they shall each give bond in such sum as the mayor and council may direct for the faithful performance of their duties and the making of a full and true account of all monies and funds coming into their hands from all sources as an officer of said city. The term of office for each of the subordinate officers provided for in this section shall be for a term of one year, or until their successors are elected and qualified. Clerk, marshal. Section 14. Said Act is further amended by striking Section 19, relating to the clerk's duties, and inserting in lieu thereof a new Section 19 to read as follows: Sec. 19 amended. Section 19. The city clerk shall be the clerical officer of the council, and shall attend all their meetings; he shall be the keeper of the seal of said city; he shall be ex officio clerk of the mayor's or police court of said city, and attend its sessions; he shall be ex officio clerk of the board of tax assessors and of the board of health of said city, and he shall be ex officio clerk or secretary

Page 2646

of any other board of said city created under the provisions of this Act, or that may be created or established under the laws and ordinances of the City of Powder Springs. The duties of the said city clerk as clerk of the council and as ex officio clerk of the police court, as ex officio clerk of the board of health, and as ex officio clerk or secretary of any board or commission of said city, shall be such as are prescribed in this Act or such as shall be prescribed under and by virtue of the laws or ordinances of said City of Powder Springs or by the mayor and council thereof. The compensation of the clerk shall be fixed by the mayor and council. Duties of clerk. Section 15. Said Act is further amended by striking Section 20, relating to the city treasurer, and inserting in lieu thereof a new Section 20 to read as follows: Sec. 20 amended. Section 20. It shall be the further duty of the city clerk to act as the city treasurer of the City of Powder Springs, and he shall make and cause a just and true account of all monies and funds coming into his hands from all sources as an officer of said city. It shall be the duty of the city clerk to receive and safely keep the monies and funds of the city that may come into his hands from every source; to keep separate accounts of the same as may be provided or required under and by the laws and ordinances of said city; he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of said city. Treasurer. Section 16. Said Act is further amended by striking Section 21, relating to the tax receiver, and inserting in lieu thereof a new Section 21 to read as follows: Sec. 21 amended. Section 21. It shall be the further duty of the city clerk to act as the city tax receiver, and it shall be his duty to receive tax returns of all property in said city, both real and personal, at such time and in such manner as the mayor and council may prescribe by ordinances or otherwise and upon such blanks prescribed by the mayor

Page 2647

and council of said city, and he shall have the authority to administer oaths to taxpayers on their return of property for taxation. Tax receiver. Section 17. Said Act is further amended by striking Section 22, relating to the tax collector, and inserting in lieu thereof a new Section 22 to read as follows: Sec. 22 amended. Section 22. It shall be the further duty of the city clerk to act as the tax collector, and it shall be his duty to accept and receive all tax returns made to said city; to make the calculation as to amount of taxes to be paid out by any property owner in said city using the tax rate fixed by the mayor and council; to collect and receipt for all taxes of whatever kind levied. Tax collector. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. 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, to amend the charter of the City of Powder Springs so as to provide the city election date and the hours of such election; to provide the date on which city officers take office; to provide for the method of the election of the mayor and council; to provide for a regular meeting night of the mayor and council; to provide that the present mayor and members of council retain their offices until the second Thursday in January, 1955; to provide for the qualifications of voters; to provide for permanent registration of voters; to provide for a board of registrars; to provide for the oath of voters; to eliminate the offices of city treasurer, city tax receiver and city tax collector and to provide that the duties of such offices shall be performed by the city clerk; to provide for the filling of vacancies on the city council, and for other purposes, was published in the Cobb County Times in its

Page 2648

editions of October 29, November 5, and November 12, 1953. 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 17th day of November, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times. Subscribed to and sworn to before me a Notary Public, this 17th day November, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. Notarial seal affixed. My commission expires September 14, 1956. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November session 1953 of the General Assembly of Georgia a bill to amend the charter of the City of Powder Springs so as to provide the city election date and the hours of such election; to provide a date on which the city officers take office; to provide for the method of the election of the mayor and council; to provide for a regular meeting night of the mayor and council; to provide that the present mayor and members of council retain their offices until the second Thursday in January, 1955; to provide for the qualifications of voters; to provide for permanent registration of voters; to provide for a board of registrars; to provide for the oath of voters; to eliminate the offices of city treasurer, city tax receiver and city tax collector, and to provide that the duties of such offices shall be performed by the city clerk; to provide for filling vacancies on the city council; and for other purposes.

Page 2649

This 27th day of October, 1953. Harold S. Willingham, Representative, Cobb County. 10:29; 11:5-12 Approved December 17, 1953. AUGUSTA CHARTER AMENDED. No. 690 (House Bill No. 933). 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 January 31, 1946 (Ga. Laws, 1946, pp. 328-336), providing for the mode, method and requirements for holding elections for Mayor of the City of Augusta and for membership in the City Council of Augusta by striking Section 5 thereof and substituting a new section as to provide that the number of clerks and managers to which each candidate shall be entitled shall be designated for each election by the Mayor and the City Council of Augusta provided that the number of clerks and managers selected shall be so chosen that each candidate shall have an equal number of managers and clerks and shall have equal representation in the polling booths: 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 January 31, 1946 (Ga. Laws, 1946, pp. 328-336), providing for the mode,

Page 2650

method and requirements for holding elections for Mayor of the City of Augusta and for membership in The City Council of Augusta by striking Section 5 thereof and substituting a new section so as to provide that the number of clerks and managers to which each candidate shall be entitled shall be designated for each election by the Mayor and The City Council of Augusta provided that the number of clerks and managers selected shall be so chosen that each candidate shall have an equal number of managers and clerks and shall have equal representation in the polling booths as follows. Section 2. That Section 5 of said Act of January 31, 1946, above referred to, be stricken in its entirety and that there be substituted in lieu thereof, a new section as follows: Sec. 5, Act of 1946, amended. Section 5. Be it further enacted by the authority aforesaid that the mayor shall provide and name managers and clerks for said election from the list hereinbefore referred to and the number of clerks and managers and clerks for said election from the list herein-designated for each election by the Mayor and The City Council of Augusta provided that the number of clerks and managers selected shall be so chosen that each candidate shall have an equal number of managers and clerks and shall have equal representation in the polling booths. Provided, further, that in years of councilmanic elections the mayor shall appoint managers and clerks representing each candidate for council as provided in the case of the election of mayor. Election clerks and managers. Section 3. 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:

Page 2651

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 approved January 31, 1946 (Ga. Laws, 1946, pp. 328-336), providing for the mode, method and requirements for holding elections for Mayor of the City of Augusta and for membership in The City Council of Augusta by striking Section 5 thereof and substituting a new section so as to provide that the number of clerks and managers to which each candidate shall be entitled shall be designated for each election by the Mayor and The City Council of Augusta provided that the number of clerks and managers selected shall be so chosen that each candidate shall have an equal number of managers and clerks and shall have equal representation in the polling booths; and for other purposes. /s/ John C. Bell, /s/ W. W. Holley, /s/ Sam T. Graham, 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 Herald, 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: October 24, 31 and Nov. 6, 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.

Page 2652

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/ W. W. Holley, /s/ Sam T. Graham, Members General Assembly of Georgia. Sworn to and subscribed before me this 24th day of February, 1953. /s/ Robert H. Green, Notary Public, Baldwin County, Georgia. Attorney or Agency, City Council of Augusta, Ga. State of Georgia, Richmond County. Personally appeared, Jack E. Webb, who being duly sworn says that he is the auditor of Newspaper Printing Corp., agent for The Augusta Herald a daily newspaper published in Augusta, in said State and county, and that the advertisement An Act duly appeared in said newspaper on the following dates to wit: October 24-31-November-6-1953. /s/ Jack E. Webb. Sworn to and subscribed before me this 13th. day of November, 1953. /s/ Joseph S. Wright, Notary Public, Richmond County, Ga. Notarial seal affixed. Notice. Notice is hereby given that the following local legislation will be introduced by the undersigned at the November, 1953 session of the General Assembly of Georgia:

Page 2653

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 approved January 31, 1946 (Ga. Laws, 1946, pp. 328-336), providing for the mode, method and requirements for holding elections for Mayor of the City of Augusta and for membership in The City Council of Augusta by striking Section 5 thereof and substituting a new section so as to provide that the number of clerks and managers to which each candidate shall be entitled shall be designated for each election by the Mayor and The City Council of Augusta provided that the number of clerks and managers selected shall be so chosen that each candidate shall have an equal number of managers and clerks and shall have equal representation in the polling booths; and for other purposes. John C. Bell, Sam T. Graham, W. W. Holley, Members General Assembly of Georgia. o24, 31, n6 Approved December 17, 1953. BERRIEN COUNTY TAX COMMISSIONER'S COMPENSATION. No. 691 (House Bill No. 914). An Act to amend an Act of the General Assembly of Georgia, approved July 23, 1931, creating the office of County Tax Commissioner of Berrien County, Georgia, so that when so amended by said bill, Paragraph 10 of said Act shall be amended by changing the commissions and fees of said Tax Commissioner of Berrien County from 60% to 70% and plus fees for issuing executions and fi. fas.

Page 2654

Section 1. Be it enacted by the General Assembly of Georgia that from and after the passage of this Act, Paragraph 10 of said Act, approved July 23, 1931, be stricken in its entirety and the following be substituted in lieu thereof, to wit: Paragraph 10Be it further enacted by the authority aforesaid that the compensations of the County Tax Commissioner of Berrien County, Georgia, shall be a sum equal to 70% of the fees, commissions, and all other compensations accruing to the tax receiver and tax collector of Berrien County, Georgia, at the time of the approval of said Act on July 23, 1931, or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act; and shall also retain the fees for the issuance of executions and fi. fas. where it becomes necessary to issue such executions and fi. fas. for the collection of taxes; and the same shall be paid proportionately, monthly, as near as the same can be estimated, he retaining in his hands all fees for issuing executions and fi. fas., until the same is changed by law. Compensation. Section 2. Be it further enacted by the authority aforesaid that the provisions fixing the schedule of commissions in Paragraph 1 above amending Paragraph 10 of said original Act shall apply to tax net digests for the years beginning January 1, 1953, and continuing thereafter each year until the same is changed by law. Section 3. Be it further enacted by the authority aforesaid that nothing contained herein shall repeal the commissions of 10% above the 80% of the taxes collected on the net tax digest as provided in Georgia Laws of 1951, pages 815, 816, and 817. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act are hereby repealed. The legal notice for the introduction and passage of

Page 2655

this local bill was duly published in the Nashville Herald, a newspaper published in Berrien County, Georgia, as shown by the affidavit of A. W. Starling, the owner, editor, and manager of said newspaper, hereto attached and made a part of this bill. State of Georgia, Berrien County. In person appeared before the undersigned officer of said State duly authorized by law to administer oaths, A. W. Starling, who first being duly sworn, deposes and on oath says: That he is the owner and general manager of the Nashville Herald, a newspaper published in said county, in which the legal advertisements for said county are published, and that the attached notice of local legislation for Berrien County, Georgia, with respect to changing the commissions of the Tax Commissioner of Berrien County, Georgia, to which this affidavit is attached, was published in said newspaper in the issues of September 24, 1953, October 15, 1953, and November 19, 1953 and generally circulated in each of said issues throughout this section of the State and generally. /s/ A. W. Starling. Sworn to and subscribed before me this 20th day of November, 1953. /s/ Gladys B. Knight, Notary Public Georgia. Notarial seal affixed. Notice of Local Legislation for Berrien County. Notice is hereby given by the undersigned as Representative of Berrien County, Georgia, that there will be introduced at the next session of the General Assembly of Georgia a bill the caption of which shall read as follows: A bill to be entitled An Act to amend An Act of the General Assembly of Georgia approved July 23, 1931,

Page 2656

creating the office of County Tax Commissioner of Berrien County, Georgia, so that when so amended by said bill Paragraph 10 of said Act shall be amended by changing the commissions and fees of said tax commissioner from 60% to 70%, and plus fees for issuing executions and fi. fas. This September 22, 1953. J. H. Swindle, Representative of Berrien County, Georgia. Sept 24, Oct 15, Nov. 19. Approved December 17, 1953. GRIFFIN RETIREMENT SYSTEM AMENDED. No. 692 (House Bill No. 901). An Act to amend the charter of the City of Griffin by amending the Act approved March 27, 1941 (Acts 1941, p. 1474) known as the Griffin Retirement Pensions Act, as amended by an Act approved March 27, 1947 (Acts 1947, p. 958), as amended by an Act approved February 25, 1949 (Acts 1949, p. 2048), as amended by an Act approved February 5, 1951 (Acts 1951, p. 2270) and for 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 Four (4) of said Act approved March 27, 1941, as amended by said Act approved March 27, 1947, and by said Act approved February 25, 1949, is hereby amended to read in full as follows:

Page 2657

Be it further enacted, that should an employee of said city become totally and permanently disabled and be incapacitated of self-support after ten (10) years service with said city, he shall be paid monthly from said fund, for the remainder of his life, or until revoked by the trustees as hereinafter provided in Section 14, the following sums based upon his length of service at the time of his disability, to wit: One twenty-fifth of fifty (50%) per centum of his average monthly wage or salary, based upon the ten years immediately preceding the date of his disability, multiplied by the number of years of his service at the time of his disability, as shown by the following table: Time served at date disability. Cents per month per $1.00. 10 years servicefor each $1.00 of salary .1990 cents 11 years service .2190 12 years service .24 13 years service .26 14 years service .2798 15 years service .30 16 years service .3199 17 years service .34 18 years service .36 19 years service .3799 20 years service .3998 21 years service .42 22 years service .4398 23 years service .4597 24 years service .48 25 years service .4940 Disability pensions. Provided, however, that the disability pay shall in no event exceed $100.00 per month. Section 2. That Section Six (6) of said Act approved March 27, 1941, as amended by said Act approved February 5, 1951, is hereby amended to read in full as follows:

Page 2658

Be it further enacted, that should an employee leave the employ of said city for any cause, he shall be paid out of the said pension fund all assessments paid in by him less 2% thereof for each year of service after March 27, 1941. Return of assessments. In case of death of an employee, the full amount, less 1% of said amount per year for each year of his service after March 27, 1941, paid in by him as assessments to said fund, shall be paid to his dependents, if any, otherwise to such persons as the employee may have designated. Where an employee has had former employment with the City of Griffin since the Retirement Pension Act went into effect on March 27, 1941, and has withdrawn his pension payments from the pension fund as above provided in said Section Six (6), he shall be required to repay to the pension fund the amount so withdrawn, before he can receive credit for those former years in his current employment. Said repayments shall be made within thirty (30) days after reemployment; and if said repayment is not made within thirty (30) days after reemployment, the employee shall be treated as having entered the employ of the city on the date of his last reemployment. Reemployed persons. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Spalding County. Quimby Melton being duly sworn according to law, deposes and says: That he is the publisher of the Griffin News, the official newspaper of Spalding County, Georgia. That the following notice of local legislation was published in the Griffin News on the following dates: October 24, 1953, October 26, 1953 and November 3, 1953: Legal-9060

Page 2659

Notice to Propose Legal Legislation. Notice is hereby given that at the session of the General Assembly of Georgia to convene on November 16, 1953, there will be introduced a bill to amend the City of Griffin's Retirement Pension Act to provide for the refund of assessments to employees leaving the employ of said City of Griffin, to amend the schedule of payments to be made to an employee retiring or becoming permanently disabled and incapacitated of self-support, to classify employees of said city falling within said City of Griffin's retirement pension plan and for other purposes; respecting such pension act and plan. This October 20, 1953. Arthur K. Bolton E. Girdean Harper Representatives, Spalding County, Georgia. /s/ Quimby Melton Quimby Melton Sworn to before me, this November 21, 1953. /s/ Cary Reeves Notary Public, Spalding County, Georgia. Notarial seal affixed. Approved December 17, 1953. DEKALB COUNTY RETIREMENT SYSTEM. No. 696 (House Bill No. 829). An Act to repeal an Act approved March 28, 1947 (Ga. Laws 1947, p. 1550); to repeal an Act approved February 9, 1949 (Ga. Laws 1949, p. 415); to repeal an Act approved February 12, 1951 (Ga. Laws 1951, p. 2378); to provide for the abolition and liquidation of

Page 2660

officers' and employees' retirement system established by such Acts for the benefit of the officers and employees of DeKalb County; to provide for coverage of all eligible present and future officers and employees of DeKalb County, under the provisions of the Federal Social Security Act, as amended; to provide for payment of benefits to officers and employees who have retired or retire before the effective date of this Act, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved March 28, 1947 (Ga. Laws 1947, p. 1550), the Act approved February 9, 1949 (Ga. Laws 1949, p. 415) and the Act approved February 12, 1951 (Ga. Laws 1951, p. 2378) be and the same are hereby repealed and every officers' and employees' retirement system created by such Acts for the benefit of the officers and employees of DeKalb County is hereby abolished and its affairs shall be wound up and liquidated as provided in this Act, in order that the officers and employees of such county, present and future, may be provided old age and survivor's insurance in accordance with the Federal Social Security Act, as amended. Acts repealed. The words employees and officers as used herein, shall include salaried officers and employees of DeKalb County, employees and deputies of county officers by whatever name employed or deputized, and all other persons who render service to DeKalb County for a salary who have heretofore participated in any pension or retirement system of such county. Section 2. The members of the Pension Board of DeKalb County created by the Acts herein repealed, shall serve and be receivers of all the property, assets and estate of such retirement system. They shall serve without compensation, and they shall faithfully discharge their duties as receivers and pay over and account for all money, property, and effects which may come into

Page 2661

their hands as such receivers. The custodian of county funds shall, without additional bond or additional compensation, be custodian of the receivers' funds and pay the same out on their order. In the event a member of the pension board is disqualified or unable to serve, or if he is removed as such receiver, the Superior Court of DeKalb County shall appoint his successor. Pension board as receivers. Section 3. Subject to the approval of the superior court, the receivers shall: (1) Make provision, by the purchase of annuities, insurance, or the maintenance of cash or investments or otherwise, for the payment of all benefits to which officers and employees who have retired or become disabled, prior to the effective date of this Act; Duties. (2) Make provision for the payment of all expenses of administering this Act; (3) Refund to each officer and employee of such county who has contributed to the retirement system and who is not entitled to any benefits under clause (1) of this Section 3, the amount of such officers' or employees' contribution thereto, without interest; (4) Repay the remainder of all monies in such retirement system to the general fund of such county. Section 4. Should the funds coming into the hands of the receivers be insufficient for the payment of the benefits to which officers and employees who have retired, or become disabled, prior to the effective date of this Act, full payment of such benefits is hereby made a charge against DeKalb County and the remainder of such benefits shall be paid out of the county treasury. If funds insufficient. Section 5. The receivers shall have authority to employ such clerks, actuaries, accountants, or other assistants as they may find necessary to perform properly the duties imposed upon them, and the compensation of such

Page 2662

assistants shall be paid out of the trust estate on order of the superior court. The county attorney shall serve as legal advisor and counsel for the receivers without additional compensation. The receivers are hereby authorized, empowered, and required to wind up and settle the affairs of the officers' and employees' retirement system and to that end they are hereby authorized and required to apply to the superior court from time to time for instructions in the discharge of their duties, such application to be without cost to the receivers or the trust estate. The receivers shall make such reports of their actions hereunder as the superior court may direct. Staff and employees of receivers. Section 6. The governing authority of DeKalb County is hereby authorized and directed to take such steps as are necessary to provide for the officers and employees of DeKalb County, present and future, who are eligible therefor, all protection and benefits which such officer and employee can obtain under the provisions of the Federal Social Security Act, as amended. Federal Social Security Act. Section 7. Any officer or employee of DeKalb County, ineligible to participate in benefits under the Federal Social Security Act at the time this Act becomes effective, who shall hereafter become eligible for such benefits, shall be entitled at such time to receive such benefits, and DeKalb County shall at such time pay on behalf of such officer or employee, any employer contribution which may be required by law. Section 8. The governing body of DeKalb County shall provide for the payment of the employer's and employees' contribution payable for coverage of the county's officers and employees under the State's agreement with the Federal Government, whether such coverage under the agreement is prospective or retroactive, and such governing authority of DeKalb County is likewise authorized to pay whatever sums DeKalb County may be required to deposit to insure future payments of employer and employee contributions under the Federal Social Security Act, as amended. Contributions.

Page 2663

Section 9. The provisions of this Act are severable. If any part of this Act is declared invalid or unconstitutional, such declarations shall not affect the part which remains. Section 10. This Act shall be effective upon approval by the Governor. Section 11. 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 DeKalb County are published, namely, in the DeKalb New Era, 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 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. 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 weeks for three weeks as required by law; said dates of publication being October 29, November 5 12, 1953. The DeKalb New Era /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor.

Page 2664

Sworn to and subscribed before me this 9 day of Nov., 1953. /s/ Cornelia Whitten (Seal) Copy of Notice. Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in November, 1953, for the passage of local legislation, the title of such bill to be as follows: An Act to be entitled, An Act to repeal an Act approved March 28, 1947 (Ga. Laws 1947, p. 1550); to repeal an Act approved Feb. 9, 1949 (Ga. Laws 1949, p. 415); to repeal an Act approved Feb. 12, 1951 (Ga. Laws 1951, p. 2378); to provide for the abolition and liquidation of any employees' retirement system established by such Acts for the benefit of the officers and employees of DeKalb County; to provide for coverage of all eligible present and future officers and employees of DeKalb County, under the provision of the Federal Social Security Act, as amended; to provide for payment of benefits to officers and employees who have retired or retire before the effective date of this Act, and for other purposes. This the 28th day of October, 1953. W. H. McWhorter, Guy W. Rutland, Jr., Mell Turner. Approved December 17, 1953.

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ST. MARY'SSTREET CLOSINGS AUTHORIZED. No. 697 (House Bill No. 725). An Act to authorize and empower the City of St. Marys, Georgia, to close certain portions of certain streets; to authorize, empower, and direct the city authorities to execute and deliver an instrument conveying the fee simple title to corporations, boards, and individuals to whom the city has heretofore executed and delivered its quit claim deed; 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 Mayor and Board of Aldermen of the City of St. Marys, Georgia, are hereby authorized and empowered to close permanently and abolish those portions or sections of the following streets in said city, to wit: That certain portion of Meeting Street bounded on the north by Block No. 90C; on the east by Ready Street; on the south by Block No. 90A; and on the west by Osborne Street. Being the same and identical portion of said street as described in that certain quit claim deed executed and delivered by said city to the Camden County Board of Education, dated July 3, 1953, as recorded in Deed Book XX, Folio 337-339, Public Land Records, Camden County, Georgia. Description. That certain portion of Comeau Street bounded on the north by Dillingham Street; on the East by Block No. 280; on the south by Conyers Street; and on the west by Block No. 279. Being the same and identical portion of said street as described in that certain quit claim deed executed and delivered by said city to Robert W. Harrison, Jr., dated April 2, 1953, as recorded in Deed Book XX, Folio 557-558, Public Land Records, Camden County, Georgia. Description. Section 2. Be it further enacted by the authority aforesaid that those certain deeds of conveyance herein-above

Page 2666

fully described and referred to in Section 1 of this Act, together with the resolutions duly passed and adopted by said city authorizing and directing the execution and delivery of said deeds of conveyance, be and the same hereby are ratified and confirmed. Conveyances confirmed. Section 3. Be it further enacted by the authority aforesaid that the mayor and aldermen of said city are hereby authorized, empowered, and directed to make, execute and deliver to the grantees named and referred to in section 1 of this Act, a ratification and confirmation of said deeds of conveyance and conveying the full fee simple title to said described portions of said streets as well as any and all right, title and interest of said city and the public generally in and to said portion of said described streets. 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 of the intention to apply to the General Assembly of Georgia, at the adjourned session which will reconvene on the 16th day of November, 1953, for the passage of a local bill to be entitled: An Act to authorize and empower the City of St. Marys, Georgia, to close certain portions of certain streets; to authorize, empower, and direct the city authorities to execute and deliver an instrument conveying the fee simple title to corporations, boards, and individuals to whom the city has heretofore executed and delivered its quit claim deed; and for other purposes. This 1st day of October, 1953. The City of St. Marys, Georgia By /s/ John R. MacDonell Its Mayor

Page 2667

Georgia, Camden County. Publisher's Affidavit. Before me, the undersigned, an officer duly authorized by law to administer oaths, this day personally came Kenneth L. Harrison, who, being first duly sworn on his oath according to law, says that he is the business manager of the Camden County Tribune, official organ of said county and State published in the City of St. Marys, Camden County, Georgia, and that there has been deposited with said newspaper the cost of publishing three (3) insertions of the attached legal advertisement and that said advertisement has been duly published in said newspaper on the following dates: October 16, October 23, and October 30, 1953. /s/ Kenneth L. Harrison Kenneth L. Harrison Subscribed and sworn to before me this 31st day of October, 1953. /s/ Mary S. Lowe Notary Public, Camden County, Georgia. My commission expires June 17, 1957. (Seal) Notice of Intention to Seek Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at the adjourned session which will reconvene on the 16th day of November, 1953, for the passage of a local bill to be entitled: An Act to authorize and empower the City of St. Marys, Georgia, to close certain portions of certain streets; to authorize, empower, and direct the city authorities to execute and deliver an instrument conveying the fee simple title to corporations, boards, and individuals to whom the city has heretofore executed and delivered its quit claim deed; and for other purposes.

Page 2668

This 1st day of October, 1953. The City of St. Marys, Georgia John R. MacDonell, Mayor 10-30-53 Approved December 17, 1953. CHEROKEE COUNTYCOMPENSATION OF OFFICERS AND EMPLOYEES. No. 702 (House Bill No. 985). An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; to provide for deputies and other assistants; to provide for allowances; to provide for the procedure connected with the foregoing; to provide an effective date; 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 compensation of the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County is hereby placed on a salary basis in lieu of a fee basis, as hereinafter provided. Section 2. The Clerk of the Superior Court of Cherokee County shall be compensated in the amount of ten thousand dollars ($10,000.00) per annum, to be paid in equal monthly installments from the general funds of Cherokee County. The clerk is hereby authorized, in his discretion, to name a chief deputy clerk and fix his compensation at not less than twenty-four hundred dollars ($2,400.00) and not more than three thousand dollars ($3,000.00) per annum. The clerk is authorized, in his

Page 2669

discretion, to employ such other clerks, typists and employees as are necessary and fix their compensation at not less than eighteen hundred dollars ($1,800.00) nor more than twenty-four hundred dollars ($2,400.00) per annum. The compensation of the chief deputy clerk and other clerks, typists and personnel shall be paid in equal monthly installments from the general funds of Cherokee County. Clerk of superior court, deputies, etc. Section 3. The Ordinary of Cherokee County shall be compensated in the amount of thirty-six hundred dollars ($3,600.00) per annum, to be paid in equal monthly installments from the general funds of Cherokee County. Ordinary. Section 4. The Tax Commissioner of Cherokee County shall be compensated in the amount of eight thousand dollars ($8,000.00) per annum, to be paid in equal monthly installments from the general funds of Cherokee County. The tax commissioner is hereby authorized to incur expenses for clerical help and travel up to a maximum of four thousand dollars ($4,000.00) per annum, and all travel expenses incurred by the tax commissioner shall be paid only upon the presentation of proper vouchers therefor to the commissioner of roads and revenues and approval by him. Tax commissioner. Section 5. The Sheriff of Cherokee County shall be compensated in the amount of eight thousand dollars ($8,000.00) per annum, to be paid in equal monthly installments from the general fund of the Cherokee County. The sheriff is hereby authorized to appoint a first deputy sheriff at a salary of forty-eight hundred dollars ($4,800.00) per annum, and a second deputy sheriff at a salary of three thousand dollars ($3,000.00) per annum, and an office clerk at a salary of twenty-four hundred dollars ($2,400.00) per annum. The compensation of such deputies and clerk shall be paid in equal monthly installments from the general funds of Cherokee County. The sheriff and his deputies shall be reimbursed for automobile mileage expenses incurred in performing their official duties at the rate of eight cents (8) per mile, but such mileage expenses shall be paid only upon presentation

Page 2670

of proper vouchers to the commissioner of roads and revenues and approval by him. The sheriff shall continue to receive the regular fee for boarding prisoners. Sheriff and deputies. Section 6. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind, which are now or may hereafter be allowed by law to be received or collected as compensation for service by any official herein named, shall be received and diligently collected by all of said officials and each of them, for the sole use of Cherokee County, and shall be held as public moneys belonging to Cherokee County and accounted for and paid over to the county fiscal authority on the first Tuesday in each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the sources from which collected, and the fiscal authority of Cherokee County shall keep a separate account showing the sources from which said funds were paid. Fees, costs, etc. Section 7. The change from the fee system to the salary system, as provided herein, shall become effective January 1, 1957. Section 8. Not less than thirty nor more than forty-five days prior to the date of the general election in 1954, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election for the purpose of submitting this Act to the voters of Cherokee County for approval or rejection. The election shall be held on the same day of the aforesaid general election in 1954. The date and the purpose of this election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballots shall have printed thereon the words: For approval of the Act placing the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis, effective January 1, 1957. Against approval of the Act placing the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of

Page 2671

Cherokee County on a salary basis in lieu of a fee basis, effective January 1, 1957. 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 Cherokee 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 9. All laws and parts of laws in conflict with this Act are hereby repealed. Local Legislation. Notice is hereby given that application will be made at the November 1953 session of the Georgia General Assembly for the passage of a bill to change the compensation of the Clerk of the Superior Court, the Sheriff, the Ordinary and Tax Commissioner of Cherokee County from the fee system to the salary system as provided by Article VII, Section II, Paragraph II of the Constitution of the State of Georgia of 1945; to make provisions regulating the carrying out of said changes, to regulate the disposition of fees and costs; to provide for referendum; and for other purposes. Dr. Grady N. Coker, Senator. D. Carl Tallant, Representative. Georgia, Cherokee County: In person before the undersigned attesting officer duly authorized by law to administer oaths, appeared C. E. Owen, who on oath deposes and says: That he is co-owner and co-publisher of the Tribune

Page 2672

Printing Co., and publishers of the North Georgia Tribune, a weekly newspaper in which legal advertisements are carried. I published in said paper during the weeks of October 8th, October 15th and October 22nd, 1953 an advertisement Notice of Intention to Apply for the Passage of Local Legislation, a copy of which appears on the front page of the tear sheet. /s/ C. E. Owen C. E. Owen Sworn to and subscribed to before me this 16th day of November, 1953. /s/ C. B. Holcomb CSC (Seal) Approved December 17, 1953. EAST POINT CORPORATE LIMITS EXTENDED. No. 704 (House Bill No. 1040). An Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. All that tract of land situated, lying and being in Land Lot 186 of the 14th District of Fulton County, and known as the East Point rock quarry property, and more particularly described by the following boundary line; Beginning at a point on the south line of Land Lot 186 a distance of 1420 feet west of the southeast corner of said land lot, and running thence north along the east property line of said City of East Point

Page 2673

rock quarry property 1593 feet; thence west 1134 feet; thence southeast 1537 feet, along the south western property line of said City of East Point to the south line of said Land Lot 186; thence east along the south line of said land lot a distance of 854 feet to the point of beginning, be and the same is hereby annexed to and incorporated into the City of East Point. Description. Section 2. Notice of intention to apply for this local legislation was published three times in the Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, 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 13th day of October, 1953, and once each week thereafter for 7 consecutive weeks as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 3rd day of December, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954.

Page 2674

Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation amending the charter of said city at the adjourned session of the General Assembly of Georgia, when it reconvenes in November, 1953, and that the title or caption of each bill introduced will be: An Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. This October 12th, 1953. Ezra E. Phillips, East Point City Attorney. Oct 13 20 27 tfn Approved December 17, 1953. FORSYTH COUNTYINDEBTEDNESS FOR BUILDINGS. No. 707 (House Bill No. 879). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Forsyth County and prescribing their duties; approved August 18, 1943 (Ga. Laws 1943, p. 965), as amended by an Act approved February 15, 1952 (Ga. Laws 1953, p. 2570), so as to authorize the county commissioners to incur an indebtedness for said county in a sum not to exceed $35,000.00; as provided in Article VII, Section VII, Paragraph III of the Constitution of 1945; so as to provide for the construction of public buildings in said county; to provide that a separate tax sufficient to

Page 2675

pay the equal installments of interest and principal over a period of five years shall first be levied; to provide that this Act shall not become effective until ratified by the voters in said county as provided by law; 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 Forsyth County, and defining their duties, approved August 18, 1943 (Ga. Laws 1943, p. 965), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2570), is hereby amended so as to provide as follows: Indebtedness. Section 1. The County of Forsyth, by and through its duly elected county commissioners, is hereby authorized and empowered to incur an indebtedness in such form as they may deem desirable, not to exceed $35,000.00, as provided in Article VII, Section VII, Paragraph III of the Constitution of 1945, so as to provide for the construction, purchase, and acquisition of county buildings, and all other things necessary or incidental thereto. Section 2. Within one year of the approval of this Act, the County Commissioners of Forsyth County shall call an election for the purpose of submitting this Act to the duly qualified voters of said county for ratification or rejection. Said election shall be held and conducted as now provided by law under Chapter 87-6 of the Code, as amended, except that such matter need only receive a majority vote of the registered voters voting in said election to authorize the incurring of such indebtedness, Chapter 87-6 having been modified by Article VII, Section VII, Paragraph I of the Constitution of 1945. If a majority of the qualified voters voting in said election vote in favor of this Act, then said county commissioners shall provide for the levying of an annual tax upon all the taxable property in said county sufficient to pay in

Page 2676

full the principal and interest of said indebtedness when due; such tax shall be in addition to and separate from all other taxes levied by said county commissioners, and the collection therefrom shall be kept separate and used solely for the payment of the principal and interest of said indebtedness. Said indebtedness shall not be incurred until provision had been made for the levy of the annual tax as hereinbefore provided, and said indebtedness shall be made payable in full, as to principal and interest, in equal installments, within five years from the date at which such debt is incurred. Referendum. Section 3. All proceedings relating to ratification by the people, and all other matters shall be as provided by general law, and nothing herein shall be construed as in conflict therewith. Section 4. 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., who, on oath, deposes and says: He is Representative from Forsyth County, Georgia, and that the following notice of intention to introduce local legislation affecting Forsyth County was published in 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, once a week for three weeks, to wit: October 15, October 22, and October 29, 1953: Notice of Intention to Introduce Local Legislation Affecting Forsyth County. This is to notify all concerned that it is my intention to introduce local legislation at the November session of the Georgia General Assembly, relating to granting the board of commissioners of roads and revenue the authority

Page 2677

to borrow money for the construction of county buildings, and to levy special tax to liquidate the same. This 10th day of October 1953. James A. Otwell, Jr. Forsyth County Representative /s/ James A. Otwell, Jr. Sworn to and subscribed before me, this November 20, 1953. /s/ Frank H. Edwards Notary PublicCounty, Ga. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved December 17, 1953. COMPENSATION TO CORPORAL J. W. BEASLEY FOR INJURIES. No. 120 (House Resolution No. 233-743s). A Resolution. Authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Cpl. J. W. Beasley, of the Georgia State Patrol; and for other purposes. Whereas, on July 25, 1953, Cpl. J. W. Beasley was attempting to arrest C. C. Swain for the commission of a felony and was standing about eighteen feet from the said Swain when the said Swain shot Cpl. Beasley in the shoulder, neck, head and face with a shotgun; and Whereas, said shooting caused Cpl. Beasley to suffer severe injuries and caused him to be almost totally blind; and

Page 2678

Whereas, as a result of said injuries, Cpl. Beasley has incurred numerous medical, surgical, hospital, nursing and other related expenses, and will continue to incur such expenses for a period of time hereafter; Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Safety is hereby authorized and directed to reimburse Cpl. J. W. Beasley for any of the aforesaid bills, if any, which he has personally paid, and to pay such bills as have not been paid, upon proof that such bills are proper and correct, and is further authorized and directed to pay any such bills or expenses incurred hereafter as the result of said injuries. All of said payments shall not exceed the sum of ten thousand dollars ($10,000.00), in addition to whatever sums have heretofore been authorized for payment. Said sums shall be paid from the funds appropriated to or available to said department. Be it further resolved, that the Director of the Department of Public Safety is hereby authorized and directed to retain Cpl. Beasley on the payroll of said department for the time necessary to enable Cpl. Beasley to retire, if necessary. Approved December 17, 1953. COMPENSATION TO THOMAS E. HAMILTON FOR INJURIES TO AUTOMOBILE. No. 121 (House Resolution No. 201-647a). A Resolution. To authorize and direct the State Highway Department to compensate Thomas E. Hamilton for damages sustained by him as a result of negligence on the part of the driver of a State Highway Department truck.

Page 2679

Whereas, on the 17th day of April, 1952, the 1946 Mercury sedan belonging to Thomas E. Hamilton of Barrow county, Georgia, being driven by Mrs. Thomas E. Hamilton in a westerly direction along the Sand Bar Ferry Road, a public highway in Richmond County, was damaged in a collision with a State-owned truck being driven by a temporary employee of the State Highway Department under the immediate supervision of Mr. J. H. Holder, foreman in charge of the work being done on said highway; and Whereas, the collision and resulting damage to said automobile of Thomas E. Hamilton was caused solely by the negligence of said State employee and due in no way to any contributory negligence on the part of Mrs. Hamilton; and Whereas, said State employee was subsequently convicted in the City Court of Richmond county of the offense of reckless driving arising out of the incident of April 17th, 1952; and Whereas, the said driver of the State-owned truck was, at the time of the collision, actually engaged in doing work for the State Highway Department, and recklessly drove said truck directly across the lane of traffic in which Mrs. Thomas E. Hamilton was proceeding along said Sand Bar Ferry Road, without giving any warning or signal of his intention to block said lane of traffic; and Whereas, the Mercury sedan belonging to Thomas E. Hamilton immediately prior to the collision was reasonably of the fair market value of eight hundred and thirty (830) dollars, but immediately after said collision was reduced to a salvage value of only two hundred seventy-five (275) dollars; and Whereas, said Thomas E. Hamilton has not in any way been compensated for the loss thus sustained by him, and is financially unable to bear such a loss;

Page 2680

Therefore, be it resolved, that the State Highway Department be authorized and directed to pay to Thomas E. Hamilton the sum of five hundred fifty-five (555) dollars out of its surplus funds. Approved December 17, 1953. COMPENSATION TO CLYDE FRYE FOR INJURIES TO CHILD. No. 122 (House Resolution No. 35-141b). A Resolution. Whereas, on the 23rd day of April, 1952, Ronald Frye, a minor six and one-half (6) years old and son of Clyde Frye, of Walker County, Georgia, had alighted from a Walker County school bus on the east side of the Old Alabama Road approximately two (2) miles north of Naomi in Walker County, Georgia; and Whereas, after alighting from said school bus which was proceeding in a northerly direction and after said school bus had traveled approximately fifteen (15) feet, the said Ronald Frye proceeded to walk around the rear end of said school bus and had started across said highway in a westerly direction to his home which is situated immediately west of said highway, and when he had reached a point in said highway and in the western traveling section of said highway, he was struck by a jeep automobile, tag No. 1854, owned by the State Forestry Commission and operated by Roger Neal, an employee and agent of the State Forestry Commission, said jeep being headed in a southerly direction on said highway and immediately prior to the injuries had passed said school bus. The accident occurred at approximately 4 o'clock, P. M., and was due solely to the careless, negligent, and reckless manner in which the said Roger Neal operated the said State-owned jeep; and

Page 2681

Whereas, due to the tender age of the said Ronald Frye and the circumstances surrounding said injuries, there is no negligence attributable to him; and Whereas, the said Ronald Frye received severe injuries on account of being struck by said jeep, in that both bones in his right leg were broken, and received other serious injuries in said accident; and Whereas, Clyde Frye, the father of said minor, Ronald Frye, has incurred considerable expense as a result of the injuries suffered by Ronald Frye. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Forestry Commission is hereby ordered and directed to pay to the said Clyde Frye the sum of nine hundred sixteen dollars and fifty-five cents ($916.55) as compensation for expenses incurred by him as a result of injuries to his minor child. The payment of said sum shall be made from the funds available to the State Forestry Commission. Approved December 17, 1953. COMPENSATION TO J. B. BRUCE FOR LOSS OF COW. No. 123 (House Resolution No. 50-220f). A Resolution. Authorizing compensation to J. B. Bruce for the loss of a cow; and for other purposes. Whereas, on January 9, 1953 Mr. J. B. Bruce was driving some cows across Highway No. 129, about nine miles south of Madison, Georgia; and

Page 2682

Whereas, a State-owned truck, operated by an employee of the Milledgeville State Hospital, negligently ran into said cows, killing one; and Whereas, it is only just and proper that Mr. J. B. Bruce be compensated for the loss of said cow; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Welfare is hereby ordered and directed to pay to Mr. J. B. Bruce the sum of one hundred fifty dollars ($150.00) as compensation as set out above. Said sum shall be paid from funds appropriated and available to said department. Approved December 17, 1953. COMPENSATION TO MRS. LIZZIE LUNDY FOR DEATH OF SON. No. 124. (House Resolution No. 46-220b). A Resolution. To compensate Mrs. Lizzie Lundy for the death of her son, John Cession Lundy; and for other purposes. Whereas, on January 13, 1951, John Cession Lundy was driving an automobile on State Road No. 10 in Madison County, Florida, and Whereas, a 1950 Ford pickup truck, driven by an employee of the Georgia State Factory for the Blind, and owned by the State of Georgia, approached the automobile driven by Mr. Lundy from the opposite direction, and Whereas, the driver of said pickup truck negligently crossed over to the side of the road on which Mr. Lundy was driving, and

Page 2683

Whereas, Mr. Lundy drove off of the road in an attempt to avoid an accident, but in spite of this was hit with tremendous force by said pickup truck, and Whereas, as a result of said accident John Cessions Lundy was treated in a hospital until February 3, 1951, on which date he died, and Whereas, John Cessions Lundy contributed fifty percent of his mother's support, and Whereas, it is only just and proper that his mother be compensated for his death and for hospital, medical and funeral expenses. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Welfare is hereby ordered and directed to pay to Mrs. Lizzie Lundy the sum of one thousand six hundred ($1600) dollars as compensation as set out above. Said sum shall be paid from funds available in the Department of Public Welfare, Georgia Factory for the Blind. Approved December 17, 1953. COMPENSATION TO HENRY C. HILL FOR INJURIES. No. 125 (House Resolution No. 275-867c). A Resolution. To compensate Mr. Henry C. Hill for injuries incurred in an accident with a State Patrol automobile; and for other purposes. Whereas, on March 23, 1953, Mr. Henry C. Hill, then a resident of Turner County, Georgia, was riding in a motor vehicle owned and operated by his son,

Page 2684

Henry Harold Hill, said Henry Harold Hill driving said automobile in an easterly direction on Georgia State Highway #112 approximately 6 miles east of Sylvester, Georgia, in Worth County, said vehicle being a 1951 Chevrolet coach; and Whereas, Julian Rogers Britt, an employee of the State of Georgia, as a trooper of the State Highway Patrol, was then and there driving a 1952 Pontiac coach belonging to said department of the State of Georgia in a westerly direction on said highway, said employee being then and there on the official business of said department and the State of Georgia in answering an emergency call; and Whereas, said Britt was then and there traveling at a high rate of speed and while so traveling approached a Ford truck which was parked on the right hand side of said highway; and Whereas, said State Patrol officer did strike said parked truck, after dragging the brakes of his vehicle a considerable distance, and after striking same did skid an additional distance of 87 feet across to the left side of the highway, striking the 1951 Chevrolet automobile in which Henry C. Hill was a passenger, which said automobile had almost come to a stop on the shoulder on its right side of the highway; and Whereas, said collision was caused by no negligence whatsoever on the part of Mr. Hill; and Whereas, as a result of said collision Henrry C. Hill received a comminuted fracture of the left upper femur and a bi-malledar fracture of the left ankle, which required him to be hospitalized for several months, which said injuries have permanently and totally disabled said Henry C. Hill, as evidenced by reports from his physicians; and Whereas, said Henry C. Hill has already incurred hospital and medical expense in excess of three thousand

Page 2685

dollars ($3,000.00) and will continue to incur such expense; Now, therefore, be it resolved by the House of Representatives and the Sente concurring, that the Department of Public Safety is hereby ordered and directed to pay to Henry C. Hill, the sum of four thousand dollars ($4,000.00) as compensation for bodily injuries, as set out above. This payment shall be made from funds appropriated to or available to said department. Approved December 17, 1953. COMPENSATION TO R. H. RIDGWAY, JR., FOR DAMAGE TO AUTOMOBILE. No. 126 (House Resolution No. 51-220g). A Resolution. To compensate Mr. R. H. Ridgway, Jr., of Madison, Georgia for damages to his truck received in an accident with a State truck; and for other purposes. Whereas, on April 28, 1952, Joseph C. Massey was operating a gasoline tank truck owned by R. H. Ridgway, Jr., of Madison, Georgia, and was driving south on Highway No. 129 from Athens to Madison, and Whereas, as a truck was approaching the gas truck from the opposite direction and was about 100 feet away, a panel truck pulled out from behind the approaching truck to pass the truck and Mr. Massey pulled off the road as far as he could in an effort to avoid a collision with said panel truck, but was unable to do so, and Whereas, said panel truck was being used to transfer State prisoners, and

Page 2686

Whereas, the gasoline truck and the equipment thereon were damaged in the amount of one thousand two hundred fifty ($1,250.00) dollars and no cents, and it is only just and proper that Mr. Ridgway be compensated for said loss. 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 Mr. R. H. Ridgway, Jr., of Madison, Georgia the sum of one thousand two hundred fifty ($1,250.00) dollars and no cents as compensation as set out above. The said sum shall be paid from funds appropriated and available to said department. Approved December 17, 1953. COMPENSATION TO REV. GRAHAM OGLESBY FOR DAMAGE TO AUTOMOBILE. No. 127 (House Resolution No. 307-985b). A Resolution. To compensate Rev. Graham Oglesby for damages to his automobiles; and for other purposes. Whereas, on March 20, 1953, Rev. Graham Oglesby was traveling on State Highway No. 202 in Thomas County and came to a bridge which was being repaired, and an employee of the State Highway Department signaled Rev. Oglesby to go on across the bridge and he did so and just before he reached the other end, a pile driver being used by the State Highway Department backed into his automobile, damaging it to the extent of sixty-five dollars thirty-two cents ($65.32); and Whereas, said accident occurred through no fault

Page 2687

whatsoever on the part of Rev. Oglesby, and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby ordered and directed to pay to Rev. Graham Oglesby the sum of sixty-five dollars thrity-two cents ($65.32) as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved December 17, 1953. COMPENSATION TO C. B. WILSON FOR INJURIES AND DAMAGES. No. 128 (House Resolution No. 64-262d). A Resolution. Whereas, on May 20, 1950, at about 10 o'clock A. M. on U. S. Highway 41, about eight miles north of Valdosta, the automobile of Mr. C. B. Wilson, upon topping a hill while legally operating said automobile and through no fault of his own, ran into a Michigan trailor truck stopped on the right hand side of said highway, headed north, because a State Highway Department truck was blocking said right hand side of the road while repairing the same, damaging said automobile in the sum of $455.00 and also injuring Mrs. C. B. Wilson, an occupant thereof, in the sum of $172.00 medical expenses, and Whereas, said damage resulted from the negligence of said Highway Department in not placing warning signs upon said highway to let approaching traffic know that there was repairing being done or that there was one way traffic on said highway, and Whereas, no reimbursement has been made to the

Page 2688

said C. B. Wilson and it is only right and proper that he be reimbursed for his damages incurred by reason of the negligence of an employee of the State Highway Department in the performance of his work. Therefore: Be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department be, and it is hereby ordered and directed to pay to the said C. B. Wilson the sum of $326.95 as compensation for the injuries and damages set forth in this resolution. Said payment to be made from funds available to said department and to be in full settlement of said claim, as the claim of a citizen of Georgia. Approved December 17, 1953. PRINCIPAL AND SURETY RELIEVED ON APPEARANCE BOND. No. 133 (House Resolution No. 176-628a). A Resolution. Relieving the principal and security on an appearance bond. Be it resolved by the House of Representatives, the Senate concurring, that both principal, Frank Ammons, and security, Tom Stanley, be released from the payment of the appearance bond for a case arising under the Motor Vehicle Act, and the Clerk of the City Court at Athens, Clarke County, Georgia, is hereby ordered and directed to mark the execution issued on the forfeiture of said bond, cancelled and satisfied of record. Approved December 17, 1953.

Page 2689

COMPENSATION TO W. H. MOTT FOR DAMAGE TO AUTOMOBILE. No. 137 (House Resolution No. 325-1015g). A Resolution. To compensate Mr. W. H. Mott, of Chamblee, Georgia, for damages to his automobile sustained in an accident with a State Highway Department truck; and for other purposes. Whereas, on October 1, 1953, Mr. W. H. Mott, of Chamblee, Georgia, was driving his automobile and was passing at low speed a State Highway Department truck on Highway #54 just north of Fayetteville, Georgia, and said truck turned into the automobile of Mr. Mott, damaging it in the amount of fifty-seven dollars ($57.00); and Whereas, the accident was not the fault of Mr. Mott and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia, that the Georgia State Highway Department be ordered and directed to pay to Mr. W. H. Mott, Apartment 2, Oglethorpe Apartments, 4993 Blair Circle, Chamblee, Georgia, the sum of fifty seven ($57.00) as compensation for damages as set out above. Said sum shall be paid by said department from funds appropriated to or available to said department. Approved December 17, 1953.

Page 2690

COMPENSATION TO CLYDE E. SINYARD FOR DAMAGE TO AUTOMOBILE. No. 138 (House Resolution No. 107-337k). A Resolution. To compensate Clyde E. Sinyard for damages to his automobile when struck by a vehicle owned by the Department of Public Safety and driven by a member of the Georgia State Patrol; that Whereas, on February 21, 1952, Clyde E. Sinyard, a resident of Hapeville, Georgia, residing at 3116 Jackson Street, who is presently on active duty with the United States Air Force with the rank of Sergeant, in Germany, was driving his Nash Rambler automobile west on State Highway No. 166 in Douglas County, Georgia, about one hundred yards east of where said State Highway No. 166 turns left intersecting with State Highway No. 92, when his said automobile was struck by a State patrol car driven by Trooper Marion Francis Hale, a member of the Georgia State Patrol, and owned and operated by the Department of Public Safety; and that Whereas, Clyde E. Sinyard was driving his said automobile west along State Highway No. 166 at the approximate speed of five (5) miles per hour and had turned into the driveway of Wallace's Store, when it was struck on its right side by said State Patrol car which was proceeding east on State Highway No. 166 and being driven by Trooper Marion Francis Hale at a great rate of speed; and that Whereas, Mr. Sinyard's automobile was damaged as a result of said collision in the sum of fifty-seven and 94/100ths ($57.94) dollars, that being the lowest competitive bid for doing the necessary repair work on said automobile; and that Whereas, it appears that the collision which resulted

Page 2691

in damages to Mr. Sinyard's automobile was caused by the negligence of the driver of the patrol car in driving at an excessive rate of speed and in failing to keep said patrol car under control thereby being unable to avoid said collision, it is therefore, Resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety be, and it is hereby ordered and directed to pay to Clyde E. Sinyard the sum of fifty-seven and 94/100 ($57.94) dollars as compensation for damages to his Nash Rambler automobile on February 21, 1952, as the result of said accident. The payment of said sum shall be from funds available to the Department of Public Safety. Approved December 17, 1953. COMPENSATION TO LOUIS PALMER FOR DAMAGE TO AUTOMOBILE. No. 139 (House Resolution No. 294-916i). A Resolution. Authorizing compensation to Louis Palmer for damages to his automobile; and for other purposes. Whereas, on August 26, 1953 Louis Palmer of Fayette County, Georgia, was operating his 1949 Chevrolet automobile on a county road in Fayette County, approximately three miles west of Tyrone, Georgia, and one mile west of State Route #74, when said automobile collided head-on with a Chevrolet truck owned by the State Highway Department, and being driven by one Lindberg Hicks, an employee of the State Highway Department, acting in the scope of his employment; and Whereas, at the time the said Lindberg Hicks was

Page 2692

operating the said truck on the wrong side of the road, that is to say, to the left of the center; and Whereas, this negligence on behalf of the said Lindberg Hicks was the proximate cause of said collision; and Whereas, the said 1949 Chevrolet automobile belonging to the aforesaid Louis Palmer was damaged in the actual amount of $211.99; Now therefore be it resolved by the General Assembly of Georgia that the State Highway Department is hereby ordered and directed to pay the sum of $211.99 to Mr. Louis Palmer as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved December 17, 1953. COMPENSATION TO HOWARD R. WATTS FOR DAMAGE TO AUTOMOBILE. No. 140 (House Resolution No. 217-743c). A Resolution. To compensate Howard R. Watts, of Eatonton, Georgia, for damage to his automobile which was stolen by three prisoners and used as an escape vehicle; and for other purposes. Whereas, on November 19, 1952, the 1941 Ford automobile belonging to Howard R. Watts was stolen from the Rock Eagle Prison Barracks at Eatonton, Georgia, by three prisoners who used said automobile for an escape; and Whereas, the said automobile was abandoned two or three days later in Atlanta, Georgia, and had been

Page 2693

completely wrecked and it was necessary that Mr. Watts sell the automobile for salvage; and Whereas, the automobile was worth $350.00 at the time it was stolen and Mr. Watts only received $40.00 from its sale for salvage; and Whereas, it is only just and proper that he be compensated for this loss; Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Corrections is hereby authorized and directed to pay to Howard R. Watts, of Eatonton, Georgia, the sum of three hundred ten dollars ($310.00) as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved December 17, 1953. COMPENSATION TO SANKEY BOOTH FOR SERVICES. No. 141 (House Resolution No. 319-1015a). A Resolution. Proposing to compensate Mr. Sankey Booth for services rendered as a teacher in various public school systems of this State. Whereas, Mr. Sankey Booth is an honored and deserving citizen of this State, having rendered services for many years as a teacher in the public schools; and Whereas, said Mr. Sankey Booth, pursuant to request by the State Department of Education performed certain services hereinafter referred to during the years of 1951, 1952 and 1953 for which he has not received compensation; and

Page 2694

Whereas, these services were performed under the erroneous assumption that he would receive compensation therefor, whereas at that time the said Mr. Sankey Booth had passed the age at which teachers are allowed to teach; and Whereas, said services are as follows: Name of System. Number of Days Taught. Berrien County 122 Days Tifton City 18 Days Tift County 9 Days Fayette County 60 Days Total 10 Months 9 Days Pierce CountyBlackshear (One Year) 12 Months 22 Months 9 Days Monthly State Salary, two-year certificate full experience $ 162.50 Less Monthly Retirement 92.79 Balance Due (Monthly) $ 69.71 $69.71 [UNK] 22.45 $ 1,564.99 Now, therefore, be it resolved by the House of Representatives and the Senate concurring that the State Department of Education is hereby authorized and directed to pay to Mr. Sankey Booth the sum of $1,564.99 as compensation for the above services; such payment shall be from funds available to or appropriated to the State Department of Education. Approved December 17, 1953.

Page 2695

COMPENSATION TO TROOPER JOHN E. MORELAND FOR INJURIES. No. 142 (House Resolution No. 98-337b). A Resolution. To compensate Trooper John E. Moreland of the Georgia State Patrol for expenses growing out of injuries received in the line of duty, and for other purposes. Whereas, at about 9:45 P. M. on Sunday, October 14, 1951, on U. S. Highway No. 341, at a point about 3.7 miles north of the city limits of Hawkinsville, Georgia, Corporal Webb and Trooper Moreland, in the line of duty, stopped an automobile, herein designated as automobile no. 1. While the investigation was being made, and the occupant of the car, Corporal Webb, and Trooper Moreland were standing behind the car, automobile no. 2, traveling north at a high rate of speed, ran off of the highway onto the shoulder, colliding with automobile no. 1, which resulted in the death of Roger Hunt, occupant of automobile no. 1, and inflicting the following injuries upon Trooper Moreland: compound fracture of the right leg; fractured left leg and right arm; a separation of the ribs from the backbone; spinal injuries; internal injuries; lacerations and bruises of the head and body, from which injuries Trooper Moreland contracted pneumonia within three days; and Whereas, Roy Willard Locke, of Route 1, Helena, Georgia, has been charged with murder in the death of Roger Hunt, and the said Locke has not been tried by reason of the inability of Trooper Moreland to attend court; and Whereas, Trooper Moreland has incurred the following expenses for medical treatment and hospital bills, growing out of the injuries received on the date aforesaid, to wit: R. J. Taylor Memorial Hospital, $456.00; Dr. W. R. Baker, $415.00; Watson Funeral

Page 2696

Home (ambulance service), $184.00; Wallace Bomar Funeral Home (ambulance service), $30.00; Georgia Baptist Hospital, $260.90; Dr. Thomas P. Goodwyn, $250.00; brace for leg $120.00; Houston Drug Company, $45.42; total, $1,761.32; and Whereas, Dr. Thomas P. Goodwyn, bone specialist of Atlanta, Georgia, has advised Trooper Moreland that he will be required to re-enter the hospital on February 8, 1953, for an operation to graft bone into the compound fracture that has not knit, and that Trooper Moreland will be confined to the hospital for a period of time, and will incur hospital expenses of approximately $250.00, and in addition thereto, physician's services in the sum of $200.00; and Whereas, Trooper Moreland has not received any amount or sums of money from any agency of the State Government to reimburse him for the expenses growing out of, and incident to, the injuries received. Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Safety is hereby authorized and directed to reimburse Trooper John E. Moreland for any of the aforesaid bills, if any, which he has personally paid, and to pay such bills as have not been paid, upon proof that such bills are proper and correct, and is further authorized and directed to pay any such bills for expenses incurred hereafter as the result of said injuries. All of said payments shall not exceed the sum of three thousand dollars ($3,000.00), in addition to whatever sums have heretofore been authorized for payment. Said sums shall be paid from the funds appropriated to or available to said department. Approved December 17, 1953.

Page 2697

COMPENSATION TO CORPORAL CRAWFORD LEE HITT FOR INJURIES. No. 143 (House Resolution No. 226-743L). A Resolution. Authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Cpl. Crawford Lee Hitt, of the Georgia State Patrol; and for other purposes. Whereas, on the night of March 4, 1953, Cpl. Crawford Lee Hitt and Trooper J. M. Moses, of the Georgia State Patrol, were in the act of placing Robert Lee Halstead under arrest after finally overtaking his speeding automobile at the junction of Paces Ferry Road and Mount Paran Road, in Fulton County; and Whereas, Halstead grabbed the gun of Cpl. Hitt and shot both Cpl. Hitt and Trooper Moses causing severe injuries; and Whereas, as a result of said injuries Cpl. Hitt has incurred numerous medical, surgical, hospital, nursing and other related expenses, and will continue to incur such expenses for a period of time hereafter; Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Safety is hereby authorized and directed to reimburse Cpl. Crawford Lee Hitt for any of the aforesaid bills, if any, which he has personally paid, and to pay such bills as have not been paid, upon proof that such bills are proper and correct, and is further authorized and directed to pay any such bills for expenses incurred hereafter as the result of said injuries. All of said payments shall not exceed the sum of three thousand dollars ($3,000.00), in addition to whatever sums have heretofore been authorized for payment. Said sums shall be paid from the funds appropriated to or available to said department. Approved December 17, 1953.

Page 2698

COMPENSATION TO N. ALDO HARRISON FOR DAMAGE TO AUTOMOBILE. No. 144 (House Resolution No. 234-743t). A Resolution. To provide for payment to N. Aldo Harrison the sum of $71.75 for damages to his automobile caused by the negligence of an employee of the State Highway Department of Georgia; and for other purposes. Whereas, on the 24th day of June, 1953, at approximately 3 o'clock, P. M. on U. S. Highway No. 41, between Cordele, Georgia and Arabi, Georgia, in Crisp County, the automobile of N. Aldo Harrison was legally parked in the driveway of the store-service station of O. K. Harrison, and while so parked, was struck on the left front fender by a 1951 Chevrolet truck owned by the State Highway Department of Georgia, and being, at the time, operated by an employee of the State Highway Department of Georgia, while in the course of his employment. As a result of said collision the automobile of N. Aldo Harrison was damaged in the sum of $71.75, as is shown by verified bill of Griffith Motor Company, which is hereto attached; and, Whereas, said damages resulted from the negligence of the operator of the said truck of the State Highway Department, in that said operator backed said truck into the parked automobile of N. Aldo Harrison, without ascertaining that his course was clear, the said N. Aldo Harrison being parked at a place provided by said O. K. Harrison for the public, and said N. Aldo Harrison being free from fault and in full compliance with the law; and Whereas, no reimbursement has been made to said claimant, and it is only fair, right and proper that he be reimbursed for his damages caused by the negligence of the operator of the State Highway Department truck, while said employee and operator was in

Page 2699

the performance of his duties. There is also hereto attached investigator's accident report, signed by Trooper T. J. McMurrian #126, Georgia State Patrol, describing said accident. 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 to pay to N. Aldo Harrison, out of the funds available to that department, the sum of $71.75 as compensation for the damages set forth in this resolution, said payment to be in full and complete settlement of said claim as the claim of a citizen of the State of Georgia. Approved December 17, 1953. COMPENSATION TO GLADSTONE BARBER FOR INJURIES. No. 145 (House Resolution No. 279-881b). A Resolution. To compensate Mr. Gladstone Barber for damages and injuries incurred as a result of an accident with a State Highway Department vehicle; and for other purposes. Whereas, on August 11, 1953, Mr. Gladstone Barber was riding in a truck owned by him and being driven by Mr. Eugene William Howell, and proceeding west on Georgia Route Number 56 about 5 6/10 miles from Swainsboro, Georgia; they were traveling at a rate of between 25 and 30 miles per hour when they came upon a herd of cows in the road; Mr. Howell immediately began blowing his horn and slowed the truck down to approximately five miles per hour; the cows left the highway and the truck began gaining speed until it reached approximately 10 to 12 miles per hour,

Page 2700

at which time, without any warning whatsoever, a 1949 Ford tractor and trailer owned by the State Highway Department of Georgia, and operated by Albert Curl, struck said truck driven by Mr. Howell from the rear; the truck driven by Mr. Howell was on the right hand side of the road and was operated at a lawful rate of speed and there was no negligence on his or Mr. Barber's part; the sole cause of the accident was the negligent manner in which the said State Highway truck was driven by Mr. Curl; and Whereas, as a result of said accident, Mr. Howell was killed and Mr. Barber received numerous injuries, including a severe strained back, and he remained in the hospital for quite some time and is still under the care of his physician and suffered about 40 percent disability; and Whereas, he has incurred numerous medical, hospital and similar expenses and suffered a loss because of damages to his automobile. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia State Highway Department is hereby ordered and directed to pay to Mr. Gladstone Barber the sum of $1,000 as compensation for damages and injuries as set out above, said sum shall be paid by the State Highway Department from funds appropriated to or available to said department. Approved December 17, 1953. COMPENSATION TO O. L. HARRIS FOR DAMAGE TO AUTOMOBILE. No. 147 (House Resolution No. 276-867d). A Resolution. To compensate Mr. O. L. Harris, of Screven, Georgia, for damages to his automobile caused by a collision with

Page 2701

a State Highway Department truck; and for other purposes. Whereas, on September 14, 1953, at approximately 9:30 A. M., on the road between Waycross and Waresboro, a State Highway Department truck being driven by an employee of said department, crossed the center line of said road and struck the right side of an automobile belonging to and being driven by Mr. O. L. Harris, of Screven, Georgia; and Whereas, said automobile was damaged severely, necessitating repairs costing $122.14, which sum Mr. Harris has paid; and Whereas, it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay to Mr. O. L. Harris, of Screven, Georgia, the sum of one hundred twenty-two dollars and fourteen cents ($122.14) as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved December 17, 1953. COMPENSATION TO TROOPER J. M. MOSES FOR INJURIES. No. 148 (House Resolution No. 224-743j). A Resolution. Authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Trooper J. M. Moses, of the Georgia State Patrol; and for other purposes.

Page 2702

Whereas, on the night of March 4, 1953, Trooper J. M. Moses and Cpl. C. L. Hitt, of the Georgia State Patrol, were in the act of placing Robert Lee Halstead under arrest after finally overtaking his speeding automobile at the junction of Paces Ferry Road and Mount Paran Road, in Fulton County; and Whereas, Halstead grabbed the gun of Cpl. Hitt and shot both Trooper Moses and Cpl. Hitt causing severe injuries; and Whereas, as a result of said injuries Trooper Moses has incurred numerous medical, surgical, hospital, nursing and other related expenses, and will continue to incur such expenses for a period of time hereafter; Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Safety is hereby authorized and directed to reimburse Trooper J. M. Moses for any of the aforesaid bills, if any, which he has personally paid, and to pay such bills as have not been paid, upon proof that such bills are proper and correct, and is further authorized and directed to pay any such bills for expenses incurred hereafter as the result of said injuries. All of said payments shall not exceed the sum of one thousand dollars ($1,000.00), in addition to whatever sums have heretofore been authorized for payment. Said sums shall be paid from the funds appropriated to or available to said department. Approved December 17, 1953.

Page 2703

COMPENSATION TO MRS. LILLIAN DOBBS O'KELLEY FOR DAMAGE TO AUTOMOBILE. No. 149 (House Resoltion No. 313-1001d). A Resolution. To compensate Mrs. Lillian Dobbs O'Kelley for damages to her automobile incurred as a result of a faulty highway condition; and for other purposes. Whereas, on May 19, 1953, at about 5:15 P. M., Mrs. Lillian Dobbs O'Kelley was traveling in her automobile on the highway from Greensboro to Siloam at a speed approximately thirty miles per hour; and Whereas, her automobile hit some loose gravel on wet tar which had not been packed and the car skidded causing her to lose control thereof and caused the automobile to run into the guard rails on either side of the road before coming to a stop; and Whereas, there were no markers to show that the State Highway Department had recently worked on this strip and there was no way to tell that said strip was different from the rest of the road; and Whereas, the accident occurred through no fault on the part of Mrs. O'Kelley but resulted from the fact that no markers had been placed on this particular strip of road; and Whereas, it is only just and proper that she be compensated for such damages; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby ordered and directed to pay to Mrs. Lillian Dobbs O'Kelley the sum of $157.91 as compensation for damages to her automobile as set out

Page 2704

above. Said sum shall be paid from the funds appropriated to or available to said department. Approved December 17, 1953. COMPENSATION TO TROOPER L. W. BOATWRIGHT FOR INJURIES. No. 150 (House Resolution No. 221-743g). A Resolution. Authorizing the payment of bills incurred as a result of injuries sustained in line of duty by Trooper L. W. Boatwright, of the Georgia State Patrol; and for other purposes. Whereas, on May 21, 1953, Trooper L. W. Boatwright, of the Georgia State Patrol, suffered a heart attack while engaged in extreme exertion in the Training School of the Georgia State Patrol, and a physician has determined that this exertion caused the heart attack which later developed into coronary thrombosis; and Whereas, as a result of injury in line of duty, numerous medical, surgical, hospital, nursing and other related expenses have been incurred by Trooper Boatwright, and he will continue to incur such expenses for a period of time hereafter; Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Safety is hereby authorized and directed to reimburse Trooper L. W. Boatwright for any of the aforesaid bills, if any, which he has personally paid, and to pay such bills as have not been paid, upon proof that such bills are proper and correct, and is further authorized and directed to pay any such bills for expenses incurred hereafter as the result of said injuries. All of said

Page 2705

payments shall not exceed the sum of one thousand dollars ($1,000.00), in addition to whatever sums have heretofore been authorized for payment. Said sums shall be paid from the funds appropriated to or available to said department. Approved December 17, 1953. COMPENSATION TO MRS. W. J. GALLEMORE AND TO JUDGE J. R. WIMBERLY FOR DAMAGE TO AUTOMOBILES. No. 151 (House Resolution No. 92-299a). A Resolution. Whereas, the automobiles of Mrs. W. J. Gallemore and Judge J. R. Wimberly were parked at the west curb of Church Street in front of the home of Judge Wimberly in Jeffersonville, Georgia, on the night of March 2, 1950; and Whereas, a State Patrol car driven by Patrolman L. R. Martin was travelling north on Church Street in Jeffersonville, Georgia, and Whereas, the driver was temporarily blinded by the flashlight glare while the other trooper was attempting to turn on the car heater, and using the flashlight for the purpose of finding the switch of said heater; and Whereas, the patrol car hit the rear of the Gallemore car, knocking the same into the front of Judge Wimberly's car, damaging the Gallemore car in the amount of $148.80 and the Wimberly car in the amount of $73.50; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department

Page 2706

of Public Safety be directed to compensated the aforementioned Mrs. W. J. Gallemore and Judge J. R. Wimberly the amounts of $148.80 and $73.50 respectively fore the aforesaid damage to their automobiles. The Department of Public Safety is hereby authorized and directed to pay said sums out of the funds made available to said department. Approved December 17, 1953. LAW BOOKS TO TOWNS COUNTY. No. 157 (House Resolution No. 235-743u). A Resolution. Authorizing the State Librarian to furnish certain law books to Towns County; and for other purposes. Whereas, the majority of the Georgia Supreme Court Reports and the Georgia Appeals Reports belonging to Towns 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 Towns County, Georgia, a complete set of the Georgia Supreme 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

Page 2707

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 December 17, 1953. POLICE PENSIONS IN CERTAIN CITIES. No. 710 (Senate Bill No. 226). 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 if any such city shall cease to have a treasurer or does not have a treasurer, the chairman of the finance committee or the chairman of a similar committee shall be a member of the board of trustees; 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. That said Act, as amended by the Act approved February 26, 1953 (Ga. Laws 1953, pp. 2717, 2718) be amended by striking Section 1 thereof, which reads 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

Page 2708

member of said board of trustees.' , and by enacting in lieu thereof the following: 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 chairman of the finance committee or the chairman of a similar committee, shall be a member of said board of trustees. Board of trustees. Section 2. That Section 6 of said Act, relating to the board of trustees, be amended by striking therefrom the following: The mayor shall have the privilege of designating the chairman of the finance committee to serve in his stead and when so acting, he shall have all the powers hereinafter conveyed to the mayor. so that said section, when amended, shall read as follows: There is hereby established to serve, without pay, a board of trustees, whose duty it shall be to manage the funds that shall be collected to pay pensioners under the provisions of this Act, which said funds shall be kept by the city treasurer as a separate fund, and covered by his bond as such. The board of trustees shall consist of the mayor, city treasurer, city comptroller and two members of the police department, who shall be in good standing at the time of their election and who shall be elected on the first Tuesday in February of each year by the members of the department, active and inactive, who are in good standing and entitled to vote. These two members of the department shall serve one year and until their successors are elected. The mayor, city comptroller and city treasurer shall be permanent members of the board by virtue of their offices as such mayor, comptroller and treasurer. Board of trustees. Section 3. That Section 7 of said Act, as amended, relating to meetings of the board be and the same is hereby further amended by striking therefrom the following: A majority of the board of trustees shall control

Page 2709

on all disputed questions, but such decision shall be subject to review by the superior court in an action at law, suit in equity, writ of certiorari as provided by general law for such writs, or other proper proceeding, upon petition of such city o any other person who may have an interest in the funds provided by this article. so that said section, when amended, shall read as follows: The board of trustees shall see to it that the payments of the funds under this Act are made to those entitled to receive the same. Said board shall have its first meeting on Wednesday following their election, and shall organize by electing a chairman and a vice-chairman. The vice-chairman shall serve in the event of the absence or disqualification of the chairman, and all vouchers for the disbursement of funds shall be signed by the chairman; and such written order for disbursements shall fully protect the city treasurer in the payment of said funds. Meetings. Disbursements. Section 4. That said Act, as amended, be further amended by adding thereto a new section, to be known as Section 7 (a) as follows: Section 7 (a). A majority of the board of trustees shall control on all disputed questions, but such city or any person making application for pension or other relief may appeal from the decision of the board of trustees to the superior court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the superior court of the county in which the greater part of such municipality lies, by filing with the clerk of said court a petition in writing setting forth generally wherein such decision is erroneous. Such appeal shall be filed within thirty days after the decision of the board of trustees is rendered. The same shall be served on the opposite party or his attorney by delivering to him a copy thereof. Upon the filing of such an appeal the clerk of the superior court shall give immediate notice thereof to the secretary of the board of trustees and within thirty days from the date of such notice, the secretary of the board of trustees shall cause

Page 2710

to be filed with the said clerk a copy of the application for pension or other relief involved and of the decision of the said board thereon, with the date thereof, duly certified by the secretary of the board of trustees. Thereafter, at the next term of the superior court, or in vacation upon ten days' notice to the parties, unless a jury trial is demanded in writing by one of the parties within thirty days after the appeal is filed with the clerk of the superior court, the judge of such court shall proceed to hear and pass upon the controversy. If a jury trial is demanded, the hearing shall be in order at the next term of the court. All such hearings shall be de novo proceedings. Any party at interest who is aggrieved by the judgment rendered by the superior court in such matter may have the same reviewed by a motion for new trial or direct bill of exceptions in the same manner as now provided by law for other judgments, orders and decrees of the superior courts. The filing of an appeal in the superior court from any decision of said board of trustees shall act as a supersedeas. Appeal from decision of board. Section 5. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 21, 1953. CIVIL COURT OF FULTON COUNTYCOMPENSATION OF CLERKS AND MARSHALS. No. 713 (House Bill No. 1043). An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly

Page 2711

may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of the peace of the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualification, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, approved August 20, 1913, and the several Ats amendatory thereof, particularly Sections 23 and 24 of said original Act as amended by the Act approved July 31, 1925, so as to fix the salaries of the clerk and marshal of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after January 1, 1954, the Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the

Page 2712

office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, and the several Acts amendatory thereof, particularly Sections 23 and 24 of said original Act as amended by the Act approved July 31, 1925, be and the same is hereby amended by striking said Sections 23 and 24 as so amended, and substituting in lieu thereof new sections to be numbered 23 and 24, and to read as follows: Section 23. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, that the clerk of said court shall perform in said court the same duties that are required of the clerk of the superior court of said county, so far as the same are applicable to and not inconsistent with the provisions of this Act, and such other duties as may be prescribed, from time to time, by the judges of said court in the rules of the court. In addition, the clerk of said court shall collect all fees and costs chargeable or collectable under this Act and shall keep a careful statement of the same properly indexed and accessible at all times to the public, not less than once a week shall pay over to the Treasurer of Fulton County, Georgia, all sums collected, furnishing said treasurer an itemized statement of the same. The deputy clerks of said court shall have the same powers and authorities herein prescribed for the clerk thereof, subject as aforesaid to direction and control of said clerk. For his services the clerk of said court shall receive a salary of seven hundred and fifty dollars per month payable monthly. Each deputy clerk, for his or her services shall receive a salary of not less than one hundred and fifty dollars per month. The chief clerk to the clerk and the calendar clerk shall receive a salary of not less than one hundred seventy-five dollars per month, payable monthly. The clerk of said court shall execute a bond payable to the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, in the sum of ten thousand dollars, conditioned for the faithful discharge of his duties of his office by himself and his deputies, said bond to be approved by the chief judge and filed in

Page 2713

the office of the Clerk of the Board of Commissioners of Roads and Revenues of Fulton County, Georgia. All purely ministerial duties which under the laws of this State are performable by a justice of the peace or a notary public ex officio justice of the peace, and any such duties prescribed by the rules of said court, shall be performable by the clerk or his deputies. The clerk and deputy clerks of said court may administer oaths and take affidavits, but shall not have power to attest a deed and similar instruments. The clerk of said court and each deputy clerk of said court shall take an oath to faithfully and impartially and without fear, favor or affection discharge his duties as clerk or deputy clerk. The Board of Commissioners of Roads and Revenues of Fulton County may, in their discretion, decrease the aforesaid salary of the clerk but in no event shall said salary be reduced to a sum of less than six hundred fifty dollars per month. The said Board of Commissioners of Roads and Revenues of Fulton County may, in their discretion, increase the aforesaid salaries of the chief deputy clerk, calendar clerk and deputy clerks, in such amount as in their discretion may be just and reasonable. Said salaries to be paid by monthly warrants drawn upon the Treasurer of Fulton County and signed by the chairman of said Board of Commissioners of Roads and Revenues of Fulton County. Clerk and deputies. Salaries, bonds, duties. Section 24. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that there shall be a marshal of said court, a chief deputy marshal and twenty-eight deputy marshals of said court; provided, however, the Commissioners of Roads and Revenues of Fulton County, Georgia, may in their discretion, authorize the appointment of additional deputy marshals and may from time to time reduce the number of deputy marshals. The Commissioners of Roads and Revenues of Fulton County, Georgia, may provide for such clerical assistants in the marshal's office as may be necessary, at such salaries as, in their discretion, may be reasonable and proper. The marshal of said court shall be elected from the qualified electors and residents of Fulton County, Georgia, and shall be elected by the judges of said court. His term of office shall be four

Page 2714

years. The chief deputy marshal and the deputy marshals of said court shall hold office as now provided by law under the classified service. For his services the marshal of said court shall receive a salary of seven hundred fifty dollars per month, payable monthly. The salary of the chief deputy marshal to the marshal shall be not less than one hundred seventy-five dollars per month, and each deputy marshal shall be paid not less than one hundred and fifty dollars per month. The chief deputy marshal to the marshal and each deputy marshal of said court shall execute a bond with good security, to be approved by the chief judge of said court, payable to the Board of Commissioners of Roads and Revenues of Fulton County, Georgia. The marshal's bond is fixed at ten thousand dollars and the deputy marshal's bond in the sum of twenty-five hundred dollars each, for the faithful discharge of the duties of their respective offices. The duties, powers, rights, authority, and liabilities of said marshal, and each of said deputies shall be the same as those prescribed for constables elected or appointed, and serving in justice courts of this State, and in addition the same as those prescribed by law for the sheriffs of the several counties, so far as the same are consistent with the terms of this Act and such other duties as may be prescribed from time to time by the judges of said court in the rules of the court. The clerk, the chief deputy clerk, the deputy clerks, the marshal and deputy marshals of said court shall be subject to rule before the chief judge of said court for the like causes and in the like manner as the sheriffs and clerks of the superior court and the constables of this State may be ruled by the superior court. Marshal and deputies. The Board of Commissioners of Roads and Revenues of Fulton County, may in their discretion, decrease the aforesaid salary of the marshal, but in no event shall said salary be reduced to a sum of less than six hundred fifty dollars per month. The said Board of Commissioners of Roads and Revenues of Fulton County may, in their discretion, increase the aforesaid salaries of the chief deputy marshal to the marshal, and each deputy marshal, to such an amount as in their discretion may be

Page 2715

just and reasonable. Said salaries to be paid by monthly warrants drawn upon the Treasurer of Fulton County and signed by the Chairman of said Board of Commissioners of Roads and Revenues of Fulton County. Salaries. 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. Be it further enacted by the authority aforesaid, that the General Assembly finds upon investigation and declares that notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice is attached hereto and made a part hereof. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally 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 5th day of October, 1953, and once each week thereafter for 2 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 4th day of December, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires February 3, 1954.

Page 2716

Notice of Intention to Ask Local Legislation. Notice is hereby given of intention to apply for local legislation at the adjourned session of the 1953-1954 General Assembly of Georgia, which convenes on November 16, 1953, amending the original Act creating the Municipal Court of Atlanta (now the Civil Court of Fulton County), Georgia Laws 1913, and all amendatory Acts thereto. Hewitt W. Chambers, Clerk Civil Court of Fulton County. Oct 5 12 19 Approved December 21, 1953. FULTON COUNTY CIVIL SERVICEAMENDMENTS. No. 716 (Senate Bill No. 210) An Act to amend an Act approved March 15, 1943, as heretofore amended, which provides for the creation of a civil service board in Fulton County and for classification of the employees of said county and for other purposes, appearing in Georgia Laws 1943, page 971 et seq., so as to provide in addition to the other requirements of said Act that there be appointed one part-time deputy to whom there is especially delegated and appointed the duty and authority for supervising and holding elections under the authority of the Ordinary of Fulton County; and so as to eliminate the exception contained in Section 5A; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act approved March 15, 1943, as heretofore amended, which provides for the creation of a civil service board in Fulton County and for classification of

Page 2717

the employees of said county and for other purposes, appearing in Georgia Laws 1943, page 971 et seq; be and the same is hereby amended by adding at the end of Section 5 (1) The Unclassified Service, page 978, a new subsection to be appropriately numbered to read as follows: Sec. 5, Act of 1943, amended. One part-time deputy, clerk or officer, appointed by the Ordinary of Fulton County, to whom there is especially delegated and appointed the duty and authority for supervising and holding elections under the authority of the Ordinary of Fulton County. Deputy to supervise elections, etc. Section 2. Be it further enacted that said Act be further amended by striking from Section 5A, Retirement, the following language, to wit: except that a member of the classified service serving a term of office to which such person was theretofore appointed extending beyond the time when retirement becomes mandatory hereunder shall be permitted to serve the balance of such term before being retired but no longer. so that said section when so amended will read as follows: Section 5A, Retirement. All members of the classified service shall be retired on account of age effective at the end of the calendar year in which they respectively attain the age of (70) years. Retirement. Section 3. Be it further enacted and it is hereby enacted that all laws or parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 21, 1953.

Page 2718

FULTON COUNTY BOARD OF EDUCATIONSUPPLEMENT OF FUNDS. No. 717 (Senate Bill No. 176). 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 sum in the following manner, 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; the sum of one hundred thirty thousand and no/100 ($130,000.00) dollars, payable as requested by the Fulton County Board of Education, during the fiscal year beginning July 1, 1953, and ending June 30, 1954. Section 2. The sum herein directed to be paid by said commissioners is in addition to payments heretofore directed by the Act approved March 2, 1953, appearing in Georgia Laws for the January-February session of 1953 on pages 2800 and 2801, and is in addition to any other payments heretofore directed by the laws and Constitution of this State. Section 3. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication

Page 2719

of such notice as required by law are attached hereto and made a part hereof, 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 passge of this local legislation have been complied with for the enactment of this law. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 21, 1953. HALL COUNTY COMMISSIONERSRECALL. No. 718 (House Bill No. 644). An Act to amend Act No. 210 (Ga. Laws 1935, pp. 661-667) approved March 21, 1935, as heretofore amended, which relates to the creation, duties, etc., of the Board of Commissioners of Roads and Revenues of Hall County, Georgia, by providing a new and additional section of said Act establishing procedure for recalling county commissioners during the term for which they are elected, the procedure for filling vacancies caused by recall, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. There is hereby added to Act No. 210 (Ga. Laws 1935, pp. 661-667) approved March 21, 1935, as heretofore amended, a new section to be called Recall Procedure Section which shall read as follows: Recall Procedure Section. Members of the Board of Commissioners of Roads and Revenues of Hall County, Georgia, may be recalled from office during the term for which they are elected and vacancies filled in the following manner: A. A separate recall petition must be prepared for

Page 2720

each member of said board desired to be recalled from office. C. Said recall petition must be signed by a minimum of 30 percent of the qualified voters of Hall County who were eligible to vote in the preceding general election. Recall procedure. D. Said recall petition shall be filed with the Ordinary of Hall County and he shall enter thereon the date of filing. E. The ordinary shall have fifteen days from date of filing said petition within which to determine that the requisite number of qualified voters of Hall County eligible to vote in the preceding general election have signed said petition. If the ordinary determines that the requisite number of qualified voters have not signed said petition he shall merely return said petition to the party or parties filing same with him and make public announcement of that fact. If the ordinary determines that the requisite number of qualified voters have signed said petition he shall on the fifteenth day after filing, or as soon as practicable after said fifteenth day, issue an order calling a recall election on a date not less than fifteen or more than thirty days from the date of the issuance of the order. The order issued by the ordinary calling such recall election shall be published once a week for two weeks in the official county organ prior to the date set for the holding of such recall election. F. The ordinary shall hold said recall election on the

Page 2721

day set in the same manner as special elections are held and the expenses of holding same shall be paid by the county out of the administrative expense funds of the county. The ballots for said recall election shall have printed thereon the following, plus the name of the member being voted on: If more than one member of the board is being voted on, identical provisions as above-stated shall be placed on the ame ballot for voting on the other member or members. G. The ordinary shall tabulate the results of said recall election, and if a majority of the qualified voters of the county voting in said recall election vote in favor of the recall of a member or members of the board, the ordinary shall enter an order and file the same in his office declaring the office or offices of such member or members vacant, and such office or offices shall be and remain vacant after the entry of such order until filled by special election hereinafter provided for. It is provided, however, that if all three offices are declared vacant, the ordinary himself shall act as the governing authority of the county during the interim until said three vacant offices are filled by special election hereinafter provided for. But if only one or two of the offices are declared vacant, the remaining two members or one member of the board shall act as the governing authority of the county during the interim until the vacant office or offices are filled as hereinafter provided for. If a majority of the qualified voters of the county voting in said recall election vote against the recall of a member or members, the ordinary shall enter an order and file same in his office declaring the attempted recall of such member or members unsuccessful, and such member

Page 2722

or members shall continue to hold the office or offices to which elected. H. If an office or offices on the board shall become vacant in the manner hereinbefore provided, the ordinary shall immediately issue a call for a special election to fill said vacancy or vacancies to be held not less than fifteen or more than thirty days from the date of the issuance of the call. The ordinary shall have published in the official county organ a notice of said special election once a week for two weeks prior to the date on which said special election shall be held. Candidates for said vacant office or offices shall qualify with the ordinary, specifying the office for which they are running by naming the former holder of said office and thereupon shall be qualified, if otherwise qualified, to run for such specific office and none other in said special election. No candidates shall qualify with the ordinary later than seven days prior to the date of holding said special election. I. The ordinary shall conduct said special election in the same manner as other special elections are held and the expenses of holding same shall be paid for by the county out of the administrative expense funds of the county. The ordinary shall tabulate the results of said special election, shall declare the results, and shall enter an order stating which candidate or candidates have received the highest number of votes in each race and that he or they are thereby duly elected to fill such vacancy or vacancies for the remainder of the current term. Such duly elected member or members shall thereupon take office in the same manner as do members elected in a regular general election. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that a bill will be introduced during the session of the General Assembly of Georgia

Page 2723

which convened on January 12, 1953, to amend Act. No. 210 (Georgia Laws 1935, pp. 661-667) approved March 21, 1935, as heretofore amended, by providing a new and additional section of said Act establishing procedure for recalling members of the Board of Commissioners of Roads and Revenues of Hall County, Georgia, establishing procedure for filling vacancies caused by recall, to repeal conflicting laws, and for other purposes. /s/ Wm. B. Gunter, /s/ J. Hudson Terrell, Representatives for Hall County. 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 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

Page 2724

Sworn to and subscribed before me this 23 day of Feb., 1953. /s/ G. Stuart Watson Notary Public, Do. Co., Ga. Approved December 21, 1953. ROME CORPORATE LIMITS EXTENDED. No. 719 (House Bill No. 839). An Act to amend the Act approved August 19, 1918 (Ga. Laws 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome, as amended, by enlarging the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the Act approved August 19, 1918 (Ga. Laws 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome and defining the corporate limits thereof, as amended by the Act approved August 8, 1925 (Ga. Laws 1925, pp. 1405-1430), by the Act approved August 8, 1929 (Ga. Laws 1929, pp. 1254-1276), by the Act approved March 23, 1933 (Ga. Laws 1933, pp. 1046-1050), by the Act approved March 23, 1937 (Ga. Laws 1939, pp. 1272-1275), by the Act approved February 19, 1945 (Ga. Laws 1945, pp. 683-687) by the Act approved February 25, 1949, (Ga. Laws 1949, p. 2073 et seq.) all of said Acts relating to the boundaries and corporate and city limits of the City of Rome be and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Rome so as to include and annex the following described property, which is

Page 2725

now adjacent to the present city limits and boundaries of the City of Rome, and in the County of Floyd, State of Georgia, to wit: Territory added. Tract Number One. Maplewood and vicinity. Beginning on the southerly side of the Etowah River at the point where the present eastern city limits line of the City of Rome crosses the low-water mark on the southerly side of the Etowah River (said easterly city limit line being the west land lot line of Land Lot No. 248 in the 23rd District and 3rd Section of Floyd County, Georgia); thence running along the southerly low-water mark of the Etowah River in a southeasterly direction to the point where the southern line of said Land Lot 248 crosses said low-water line of the Etowah River; thence east across said river along the southerly line of said Land Lot 248 to the southeast corner of Land Lot 248 and the southwest corner of Land Lot 249; thence running along the southern land lot line of Land Lot 249 a distance of 1000 feet to a point; thence running due north in a straight line to the southerly line of the right-of-way of the Kingston Road; thence running westerly along the southerly line of the right-of-way of the Kingston Road to the present city limits line of the City of Rome at or near Sproull Street in said city; thence south, west and south along the present city limits line of the City of Rome to the point of beginning. Said property is hereby annexed to said city as a part of the Sixth Ward thereof. Tract Number Two. West Rome and vicinity. Beginning on the northerly line of the right-of-way of the Central of Georgia Railway in the 9th Ward of the City of Rome, Georgia, at the point where the western city limits line of the City of Rome crosses said railroad right-of-way; thence running westerly along the northerly line of the right-of-way of the Central of Georgia Railroad to a point on said right-of-way would be

Page 2726

the easterly line of Indiana Avenue if Indiana Avenue were continued over and across the said right-of-way in a straight line; thence southerly along the easterly line of said continuation of Indiana Avenue and the eastern line of Indiana Avenue as it now exists to the present city limit line located 80 feet north of Edgewood Avenue; thence east and thence north along the present city limit line of the City of Rome to the point of beginning. Said property is hereby annexed to said city as a part of the Ninth Ward thereof. Tract Number Three. Cherokee Acres and vicinity Beginning on the southerly side of Shorter Avenue or the Alabama Road at the point where the present western city limit line of the City of Rome crosses said right-of-way line of said street or highway; thence running westerly along the southerly line of the right-of-way of the Alabama Road to the center of Coosawattee Avenue; thence running southerly along the center line of Coosawattee Avenue a distance of 429.8 feet to Section 1 of the subdivision known as Cherokee Acres as per plat of said Cherokee Acres made by James H. Hitchcock on May 21, 1953, and as recorded in the Office of the Clerk of Superior Court in Floyd County, Georgia; thence running southerly along the western boundary of Cherokee Acres to the southerly line of Cherokee Acres Subdivision; thence easterly along the southerly line of the Cherokee Acres Subdivision to the southeast corner of said subdivision; thence north along the eastern line of Cherokee Acres to a point which said point is 220 feet south of the northeast corner of Cherokee Acres Subdivision; said point also being the northerly line of Larkspur Lane as shown on the plat of the subdivision known as Edgewood Park as per plat made by R. E. Smith on June 12, 1946, and as recorded in the Office of the Clerk of Superior Court, Floyd County, Georgia; thence southeasterly along the southwest line of Edgewood Park Subdivision to the southerly point of Lot No. 357 of said subdivision; thence northeasterly along the southerly line of

Page 2727

said Lot No. 357 to the southern line of Gordon Street as shown on the plat of said subdivision; thence easterly along the southern line of Gordon Street to the northeast corner of Lot No. 375 of said subdivision; thence northeasterly in a straight line aross Gordon Street and the property known or formerly known as the Shropshire property to the northeast corner of Lot No. 433 of said subdivision; said northeast corner of Lot No. 433 being also the northwest corner of Lot No. 434; thence in a straight line southeasterly along the northeasterly line of Lot No. 434 and a continuation of said line across the Burnett Ferry Road to a point on the eastern line of said Burnett Ferry Road; thence southwesterly along the easterly line of the Burnett Ferry Road to the northern line of the major creek bed known as the Horseleg Creek; thence easterly along the northern line of Horseleg Creek to a point where the present city limits line crosses said Horseleg Creek; thence northerly, westerly and northerly along the present city limits line to the point of beginning on the southerly line of the Alabama Road. Said property is hereby annexed to said City as a part of the Ninth Ward thereof. Tract Number Four. Ferry Homes Subdivision and vicinity. Beginning on the northerly right-of-way line of Calhoun Road or Calhoun Avenue where the present eastern city limits line of the City of Rome crosses said right-of-way line; thence running northeasterly along the northern line of Calhoun Road to and across the Bell's Ferry Road to the point where the easterly line of Bell's Ferry Road intersects Calhoun Road; thence northeasterly along the southeasterly line of Bell's Ferry Road a distance of 716 feet to the northeastern line of lot number eleven of the subdivision known as Ferry Homes as per plat of said Ferry Homes made by Kieffer Lindsey as revised in August 1952 and recorded in the office of the Clerk of Superior Court, Floyd County, Georgia; thence running generally southeasterly along the easterly line of said lot to a point where it intersects with the northwestern

Page 2728

boundary line of the utility alley as per above mentioned plat; thence northeasterly along Utility Alley to point of intersection with the eastern line of Ferry Homes Subdivision; thence running generally southerly along the easterly line of said subdivision to and across the Calhoun Road to the present city limits line of the City of Rome located on the southerly line of the Calhoun Road; thence running southwesterly along the southerly line of the Calhoun Road to the point where the eastern line of the present city limits of Rome crosses the southern line of the right-of-way of the Calhoun Road; thence north across the Calhoun Road to the point of beginning. Said property is hereby annexed to said city as a part of the Sixth Ward thereof. Tract Number Five. Bluff Road and vicinity. Beginning at a point on the southern city limits line of the City of Rome, said point being 200 feet west of the intersection of the western line of Black's Bluff Road or South Broad Street and the said southern city limits line; thence running south and southwesterly parallel to said Black's Bluff Road to the southern boundary of the property owned by or known as the Bagwell Dairy property; thence running west 100 feet to a point 300 feet west of Black's Bluff Road; thence running south and southwesterly parallel to said Black's Bluff Road to the southern boundary of the property owned by or known as the Van P. Enloe property; thence running due east and across Black's Bluff Road to the present Rome city limits line along South Blanche Avenue; thence northeasterly and thence west along the present city limits line of the City of Rome to the point of beginning. Said property is hereby annexed to said city as a part of the Eighth Ward thereof. Tract Number Six. Hammond Property and vicinity. Beginning at a point on the line of the present city

Page 2729

limits of the City of Rome, said point being on the east side of Collinwood Road (formerly Poplar Street) and being 1251 feet, more or less, north of the original south land lot line of Land Lot No. 287, in the 23rd District and 3rd Section of Floyd Couty, Georgia; thence south along the present city limits line a distance of 250 feet to a point; thence southeasterly and easterly on the arc of a circle having a radius of 50 feet to a point 50 feet east of the east side of said Collinwood Road (formerly Poplar Street); thence east a distance of 250 feet to a point; thence northerly parallel with Collinwood Road (formerly Poplar Street) a distance of 200 feet to a point; thence northwesterly 316 feet, more or less, to the point of beginning; said property being known as the A. B. Hammond, Jr., homeplace; said property is hereby annexed to said city as part of the Seventh Ward thereof. Tract Number Seven. Cooper Drive and vicinity. Beginning at a point on the east side of Cooper Drive at the intersection of said Cooper Drive with Cheney Street; thence in a northerly direction along the east side of Cooper Drive to a point where said Cooper Drive turns due east; thence due west to a point on the present property line of the W. S. Dickey Clay Manufacturing Company property; thence south along the line of the W. S. Dickey Clay Manufacturing Company property to the north side of Cheney Street and the present city limits line of the City of Rome; thence east along the north side of Cheney Street to the beginning point. Said property is hereby annexed to said City as part of the Seventh Ward thereof. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective upon its passage and the approval of the Governor, but the children residing in the territories thus annexed to the city limits and not presently attending the city schools of Rome, shall not be entitled to attend the city schools of Rome until the beginning of the September term, 1954. In all other respects the citizens of the area thus annexed

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shall be entitled to all of the rights and benefits and accommodations afforded by the city in the same and as full a manner as those now enjoyed by the citizens of Rome. Citizens of added territory. Section 3. Each of the areas and territories thus added and annexed to the city limits and boundaries of the City of Rome shall become a part of the particular ward heretofore indicated, and upon the effective date of this Act the qualified residents thereof may register and vote in the same manner and under the same conditions as other citizens of the City of Rome, in any and all city elections thereafter held, so long as such residents remain qualified under the law, and ordinances of said city. Wards. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Section 5. The affidavit and notice hereto attached is made a part of this bill, and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came Robert L. Scoggin, who, on oaths, says that he is a member of the General Assembly from Floyd County, Georgia, 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 the 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 18th day of November, 1953. /s/ Robert L. Scoggin.

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Sworn to and subscribed before me this 18 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Ga. My commission expires Oct. 7, 1956. Seal affixed. Notice of Proposed Local Legislation, 1953 Adjourned Session, General Assembly of Georgia. Notice is hereby given that at the 1953 adjourned session of the General Assembly of Georgia, local legislation will be proposed amending the Rome City charter for the purpose of extending the present city limits of the City of Rome. A bill will be introduced at said session of the General Assembly amending the city charter of the City of Rome, Georgia, providing an extension of the city limits of Rome, Georgia, to include the following described areas, to-wit: Maplewood, and etc. Beginning at the point where the easterly line of the present city limits intersects the northerly right-of-way line of Kingston Road, running thence in a generally easterly direction along said northerly right-of-way line to a point approximately 1,000 feet easterly from the easterly intersection of Kingston Road and Turner Chapel Road, running thence in a generally southerly direction to the southwest corner of Land Lot 249 in the 23rd District and 3rd Section of Floyd County, Georgia, running thence in a westerly direction to the present city limits line. West Rome, Cherokee Acres, and etc. Beginning at the point where the present western boundary of the city limits of Rome crosses the northern line of the right-of-way of the main line of the Central of Georgia Railway (said point being approximately 500 feet north of the north line of Woodbine Avenue in the

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City of Rome, Georgia); thence westerly along the northerly line of the said Central of Georgia Railway to a point on the western line of the new road known as the New GE Road or Lavendar Road; thence southerly along the northerly line of said road to and across the New Alabama Road and thence continuing along the northerly line of the road leading to the subdivision known as Cherokee Acres; thence when said road joins the Cherokee Acres Subdivision along the westerly boundary of Cherokee Acres to the Billy (Billie) Pyle Road; thence along the northerly side of the Billy (Billie) Pyle Road and the Lumpkin property in an easterly direction to the southeast corner of Cherokee Acres; thence northerly along the eastern side of Cherokee Acres to the southwest corner of Edgewood Park (Stiles Subdivision); thence along the southerly side of Edgewood Park (Stiles Subdivision) to the Burnett's Ferry Road; thence along the northwesterly side of Burnett's Ferry Road to the intersection of Burnett's Ferry Road and Burnette Street; thence along Burnette Street, and including the lots facing on the southerly side of Burnette Street, to the present city limits at the southerly side of Oakland Avenue. Bluff Road and vicinity. Beginning at a point on the present south city limits line a distance of 300 feet west of the west line of South Board Street or Black Bluff Road; thence running generally southwesterly parallel with said South Broad Street or Black's Bluff Road a distance of approximately 8 of a mile to the south line of the property known as the Van P. Enloe property; thence generally easterly along the said property line of Van P. Enloe to and across the Black Bluff Road to the city limit line on South Blanch Avenue. Ferry Homes Subdivision, Bell Ferry Road, etc. Beginning at a point at the northern extremity of the Rome city limits along the Calhoun Road; thence running in a northwesterly direction along the property lines of Dr. L. W. Vanzant and Roy Wright to the point

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where the same intersects the Bell Ferry Road; thence running due west to the present city limits line of Rome. Notice. Notice is hereby given that at the adjourned session of the Georgia legislature of 1953, which convenes on the 16th day of November, 1953, there will be proposed a charter amendment to the City of Rome relating to an extension of the Rome city limits adjacent to and on the west side of Cooper Drive, Rome, Georgia, and immediately north of Cheney Street and extending west from Cooper Drive to the property now owned by the Dicky Clay Company as provided in Article III, Section VII, Paragraph XV, as it pertains to local legislation. Oct. 20, 27; Nov. 3. Hammond Property. That tract of land known as the A. B. Hammond home place that adjoins the city limits of Rome and fronting on Collinswood Road in said City. City of Rome By /s/ John Yarbrough, Chairman, Rome City Commission Attested: /s/ F. L. Sammons, Secretary, Rome City Commission. Nov. 6, 11, 18. Oct. 30; Nov. 6, 13. Approved December 21, 1953. FULTON COUNTY AND CITY OF ATLANTATAXATION. No. 721 (Senate Bill No. 159). An Act to amend an Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns

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for the City of Atlanta for all taxable property in that portion of the City of Atlanta located in Fulton County (Ga. Laws, 1951, pp. 3087-3091), so as to provide that sanitary and ad valorem taxes due by public utilities and all delinquent taxes shall be collected by the municipal revenue collector; to provide for the payment of taxes in two installments; 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 further amended as follows: Section 1. It shall be the duty of the municipal revenue collector to collect all ad valorem and sanitary taxes due to the City of Atlanta by public utilities. It shall likewise be the duty of the municipal revenue collector to collect all delinquent taxes due to the City of Atlanta. The tax commissioner is relieved of any duty in connection with such taxes. City of Atlanta ad valorem and sanitary taxes. Section 2. A copy of notice of intention to apply for this local legislation and a 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. Section 3. The said Act described in the caption hereof is further amended by striking Section 6, relating to installment payments and default, and substituting in lieu thereof the following: Sec. 6, Act of 1951 amended. Section 6. All taxes due to the State of Georgia on taxable property in Fulton County and all taxes due to Fulton County and to the City of Atlanta may be paid in two equal installments. At least one half of the total

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amount thereof shall be paid between July 1st and August 15th and remainder shall be paid between September 1st and October 15th. 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, and executions shall be issued therefor. Installment payments. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 21, 1953. SMYRNAWARDS. No. 722 (House Bill No. 1006). 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 provide for the division of the City of Smyrna into six wards with a councilman to be elected from each ward, and one from the city at large; to provide for terms of office; 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. 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 striking Section 6, relating to elections and terms of office, in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The mayor and two councilmen who will

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be elected on the first Saturday in November, 1954, shall be elected for a term of one year, and shall take office on the first Monday in January, 1955. On the first Saturday in November, 1955, there shall be elected a mayor and seven councilmen to take office on the first Monday in January of 1956. They shall serve for a term of two years and until their successors are elected and qualified. Their successors shall be elected biennially on the first Saturday in November preceding the expiration of the terms of office. One of the seven councilmen shall be elected from the city at large by the voters of the entire city. One councilman shall be elected from each of the six wards provided for hereinafter, and shall be elected only by the voters of the ward from which he offers as a candidate. It shall be necessary that a person reside in the ward from which he offers as a candidate. Mayor and councilmen. Election. Section 2. Said Act is further amended by adding a new section, to be known as Section 6-A, to read as follows: Section 6-A. For the purposes of electing the six councilmen as hereinbefore provided, the City of Smyrna is hereby divided into six wards, the territorial limits of which shall be as hereinafter described. In the event any territory is hereafter annexed to the corporate limits of the City of Smyrna, it shall be added to the ward to which it is contiguous; provided, however, if such territory is contiguous to two or more wards, such territory shall be apportioned equitably by the mayor and council to such contiguous wards. The description of said wards is as follows: Wards. Ward I. All that tract or parcel of land lying and being in the 17th District and 2nd Section of Cobb County, Georgia, and being more particulary 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, Cobb County Records, being more particularly described as follows: Beginning at the intersection of the center line of

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Atlanta Street, also known as U. S. Highway No. 41-W with the city limits of the City of Smyrna; running thence southeasterly along the center line of Atlanta Street to the intersection of the center line of Spring Street; thence east along the center line of Spring Street to the easterly city oimits of the City of Smyrna; thence northerly and northwesterly along said city limits line to the point of beginning. Ward II. All that tract or parcel of land lying and being in the 17th District and 2nd 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, Cobb County Records, being more particularly described as follows: Beginning at the intersection of the center line of Atlanta Street with the center line of Spring Street, and running thence west along the center line of West Spring Street to the center line of King Street; thence south along the center line of King Street to the center line of Stephens Street; thence west along the center line of Stephens Street to the center line of Davis Street; thence west along the center line of Davis Street to the westerly city limits line of the City of Smyrna; thence southerly and southeasterly along the radius of the city limits of City of Smyrna, as described in Georgia Laws 1931, page 958 (this being the original city limits line before the city limits were extended by the 1953 Acts of the General Assembly of Georgia, page 2591) to the northerly 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

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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; thence continuing along the original city limits line of the City of Smyrna in a northerly direction to the center line of Spring Street; thence west along the center line of Spring Street to the point of beginning. Ward III. All that tract or parcel of land lying and being in the 17th District and 2nd 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, Cobb County Records, being more particularly described as follows: Beginning at the intersection of the center lines of Spring Street and Atlanta Street; running thence west along the center line of West Spring Street to the center line of King Street; thence south along the center line of King Street to the center line of Stephens Street; thence west along the center line of Stephens Street to the center line of Davis Street; thence south along the center line of Davis Street to the center line of Church Street; thence west along the center line of Church Street to the original city limits line of the City of Smyrna, Georgia; thence northerly and northeasterly along the radius of the city limits of City of Smyrna, as described in Georgia Laws 1931, page 958 (this being the original city limits line before the city limits were extended by the 1953 Acts of the General Assembly of Georgia, page 2591) to the intersection of the center line of Atlanta Street; thence southeasterly along the center line of Atlanta Street to the point of beginning. Ward IV. All that tract or parcel of land lying and being all or parts of original Land Lots Nos. 411, 451,

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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 Lots 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 Lots 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; 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

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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 recorded in Plat Book 9 pages 197 and 198 of the Cobb County Records. The above described property being Parcel No. 3 as described in House Bill No. 509, Ga. Laws 1953, page 2591. Ward V. All that tract or parcel of land lying and being in original Land Lots 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

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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 Land Lot No. 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.

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The above described property being Parcel No. 2 as described in House Bill No. 509, Ga. Laws 1953, page 2591. Ward VI. All that tract or parcel of land lying and being in 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 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

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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 nor or foremrly 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 Lots Nos. 375 and 418 for a distance of 2,629 feet, more or less, to the south-east 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 Hill Subdivision as per plat by Watts

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Browning, engineers, dated February 1952, recorded in Plat Book 10 page 145 of Cobb County Records. The above described property being Parcel No. 1 as described in House Bill No. 509, Ga. Laws 1953, page 2591. Section 3. 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 charter of the City of Smyrna, so as to provide for the division of the City of Smyrna into six wards, that a councilman should be elected from each such ward and one from the city at large; that the first election under such system shall take place in the year 1955; to provide for an orderly transition from the present system of electing councilmen to the ward system as above set forth, and for other purposes, was published in the Cobb County Times in its editions of November 12, November 19, and November 26, 1953: T-767 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia, convening on November 16, 1953, a bill to amend the charter of the City of Smyrna, as amended, so as to provide for the division of the City of Smyrna into six wards, that a councilman should be elected from each such ward and one from the city at large; that the first election under such system shall take place in the year 1955; to provide for an orderly transition from the present system of electing councilmen to the ward system as above set forth; to otherwise amend the charter of said city as amended; and for other purposes.

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This the 10th day of November, 1953. Harold S. Willingham, Representative, Cobb County. 11:12-19-26 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 28th day of November, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times. Subscribed to and sworn to before me, a notary public, this 28th day of November, 1953. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal) Approved December 21, 1953. CLARKESVILLE CHARTER. No. 725 (House Bill No. 908). An Act to repeal an Act creating a new charter for the City of Clarkesville, Georgia, approved August 18, 1917 (Ga. Laws 1917, p. 581), and the several Acts amendatory thereof; to provide a new charter for said City of Clarkesville; to define the corporate limits thereof; to prescribe the powers of said city; to provide for a mayor and council; to prescribe the powers, duties, and qualifications and election thereof; to provide for the filling of vacancies; to provide for election by mayor and council of a mayor pro tem. and of a

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city manager; to provide for a city manager form of government; to provide for the hiring and firing of employees of said city and their compensation; to provide for a mayor's court and prescribe its powers; to provide for arrests of persons violating city ordinances; to provide for the giving of bond by such offenders; to provide for appeal from the mayor's court; to provide for ad valorem, license and occupation taxes, and prescribe the means of levy, collection and enforcement thereof; to provide for the issuance of bonds by said city and elections therefor; to provide for the establishing of streets, sidewalks, and other public ways in said city; to provide for parks and playgrounds; to provide for zoning and planning ordinances and fire districts; to provide for abatement of nuisances; to provide that all ordinances heretofore passed shall not be affected hereby; 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 Clarkesville, Georgia, approved August 18, 1917 (Ga. Laws 1917, p. 581), and the several Acts amendatory thereof, are hereby repealed. From and after the passage of this Act, the inhabitants of the territory embraced within the corporate limits as hereinafter set forth, located in Habersham County, Georgia, are hereby reincorporated under the name and style of the City of Clarkesville. Incorporation. Section 2. The corporate limits of the City of Clarkesville shall embrace and consist of the territory confined within the following described boundary: Commencing at the southeast end of Soque River bridge next to said city; thence up said river to a point opposite the original northwest corner, between lots two and twenty-three to where the river intersects the original land lot line between lots one and twenty-four, in the 12th land district of said county; thence to said corner between lots two and twenty-three and along the line between said lots

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Nos. two and twenty-three and three and twenty-two in said district and continuing in the same direction along the original land lot line between land lots two and twenty-three, three and twenty-two and four and twenty-one of said district until it intersects the southeast side of the right-of-way of the Tallulah Falls Railway; thence along the southeast side of said right-of-way until the southeast side of said right-of-way intersects the original land lot line between lots forty and forty-one, in the 10th land district of said county; thence north 30 west along said original lot line by the northwest corner thereof and continuing in the same direction along the original land lots lines twenty-one, and eighteen and nineteen in the 10th district of said county until the point is reached where the original land lot line between lots eighteen and nineteen in the 10th district as aforesaid intersects the eastern Soque River; thence up said river along the eastern bank thereof to the bridge, the place of beginning. Corporate limits. Section 3. Said City of Clarkesville shall by that name have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of the State of Georgia or cities thereof, and all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging or in any wise appertaining to said City of Clarkesville and as heretofore incorporated, shall be and are hereby vested in the said City of Clarkesville; and the said City of Clarkesville may, in its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its Mayor and Council, such ordinances, rules, bylaws, regulations, and resolutions for the transaction of its business, and welfare and proper government of said city as to said mayor and council may seem best, and which shall be consistent with the Constitution and laws of the State of Georgia and of the United States, and the said City of Clarkesville shall have the right and be able in law to purchase, rent, sell, exchange, enjoy, possess, and retain in perpetuity, or for any term of years, any property, estate or estates, real

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or personal, lands, tenements, and hereditaments, easements, and the right of eminent domain and of all property, real or personal, of whatsoever kind within or without the limits of said city for corporate purposes and said City of Clarkesville shall succeed to all of the rights of, and is hereby made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the said City of Clarkesville, and its Mayor and Council of the City of Clarkesville, as heretofore corporated. General Powers. Section 4. The municipal government of the City of Clarkesville shall consist of and be vested in a mayor and five 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 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; storehouses, 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; and 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 the State and the United States, and to prescribe punishment for the commission

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of different acts of crime and violations of any ordinances of said mayor and councilmen, 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 evry 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. Powers of mayor and council. Section 5. 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 appoint and be an ex officio member of all council committees; to exercise general supervision and jurisdiction over the affairs of the city with the agreement of counsel; to convene the council in extra session as frequently as he may deem necessary; to preside in the mayor's court or the police court of said city, and to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city and impose sentence therefor; to punish for contempt of court committed in the presence of said court in accordance with the ordinances of said city; and to do all things necessary and proper for the conduct of the affairs of said city. The mayor shall have veto power, and may veto any ordinance, order or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least three councilmen on a yea or nay vote duly recorded in the minutes of said council; provided, however, the mayor shall not exercise his power of veto, unless he shall reduce the same to writing and file with the city clerk within four days after the passage of the measure vetoed. The mayor shall have the right to vote, in case of a tie, in all matters pending before the mayor and council. Neither the mayor nor any members of the council or the city manager shall enter into any contract or engage in any

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business dealing in behalf of said city or any department thereof with themselves. Mayor. (b) The mayor and council shall appoint a city manager, whose duties it shall be to conduct the business affairs of the City of Clarkesville; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of the city are faithfully executed and enforced; 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, 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 him and the council, as they may deem proper; to see that order is maintained in said city and that its property and effects are preserved; to bind said city by signing any contract or obligation for supplies, materials or services, or other matters necessary for the transaction of city business and the maintenance and upkeep of city property; provided, no contract shall be entered into by said city manager involving the expenditure of more than $200.00 unless such contract or undertaking is first approved by the mayor and council. The compensation of the city manager shall be as may be provided by the mayor and council, and he shall be subject to removal by them at any time, with or without cause. City manager. Section 6. In the event this Act is approved prior to the election for the city officers to be held under existing laws, on or about December 8, 1953, this Act shall not affect said election, that is to say, in any event, an election shall be held for a mayor and four councilmen on or about December 8, 1953, as in the past. At this time, the mayor shall be elected and serve for a period of one year and until his successor is elected and qualified; the two candidates for council receiving the highest number of votes shall serve for two years and until their successors

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are elected and qualified; the remaining two councilmen receiving the next highest number of votes shall serve for terms of one year and until their successors are elected and qualified. At all succeeding elections, all candidates for council and mayor shall be elected for terms of two years each and until their successors are elected and qualified. The mayor and council shall qualify for their respective offices at the first regular meeting of said mayor and council in the month of January following each election year. All officers elected or appointed by the mayor and council of the old corporation of said city shall continue to hold their offices and discharge the duties thereof for the remainder of their terms until their successors are elected or appointed and qualified, unless sooner suspended, removed or discharged by the mayor and council of said city, which right and power is hereby given them. Election of mayor and council. Present officers and employees of city. Section 7. should there be a tie for the long and short term in said election in 1953 between two or more elected councilmen, the remaining councilmen and the mayor shall decide which of them shall serve the long term and which shall serve the short term. Should there be a tie between two or more candidates for mayor or two or more candidates for councilmen in any election, then, in that event, the mayor and council then qualified shall within thirty days call another election to decide by popular vote of the voters of said city which of the tied candidates shall be elected, and such tied candidates nor either of them shall qualify until the special election above provided for has been held. Election. Section 8. In the event vacancies occur in two or more of the offices, either of the council, or of one or more vacancies in the council, and a vacancy in the office of the mayor, by death, resignation, failure to elect, removal from office, removal from city, or in any other way, a special election to fill such vacancies shall be ordered by the mayor and council; in the event of no mayor, then by the council alone; in the event of no council, then by the mayor alone; in the event of neither, then by any three or more citizens and voters of said city, giving

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thirty days' public notice in any newspaper of said city; provided, that if any vacancy shall occur within three months of the next regular election of the mayor and council, then, in that event, the mayor and remaining councilmen may, in their discretion, refuse to order such election, and await the regular election, but in the event there be not a quorum of the council as herein provided, then the mayor and council shall have authority to select some qualified voter, citizen and freeholder of said city, or as many of them as may be needed to form a quorum of said council of said city, who shall qualify in the same manner and form as the councilmen regularly elected, who shall have all the right and privileges for the remainder of the unexpired terms for which they are elected to fill as if they had been regularly elected, but the council, may, in their discretion, if the vacancy occurs within three months of the regular election, either elect or appoint members to fill said vacancy or may leave it to a vote of the citizens of said city, but it shall be mandatory upon said council to fill all such vacancies as are required to produce a quorum, as herein defined. Vacancies. Section 9. The mayor, or if no mayor, then the council of said city, whenever an election is to be held, shall, thirty days prior thereto, post at the city hall and publish in a newspaper published in said city a notice that an election will be held, giving the date of said election and the names of the managers thereof. Notice of elections. Section 10. Elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of the City of Clarkesville 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 each take and subscribe before an officer qualified to administer oaths, or before each other, the following oath: I solemnly swear that I 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 my skill and power, so help me God. Said managers shall keep, or

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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 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 a place or places as designated by ordinance for the holding of any election. The polls shall open at 7:00 A.M.E.S.T., and close at 6:00 P.M.E.S.T. The mayor and councilmen shall determine and provide for the payment of the election managers and of any clerks that may be necessary in holding any election. Conduct of elections. Section 11. After the expiration of sixty days from the date of said election, the mayor and council shall order the clerk of said council to burn up the ballots of said election in their presence without examining them or allowing the same to be done; provided, no written notice of a contest shall have been filed as provided by this Act. Disposition of ballots. Section 12. The election 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 or city manager of said city, who shall safely keep the same. It shall be the duty of the mayor to call a 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 or city manager 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 declared elected. Results. Section 13. Anyone desiring to contest an election, whether such election was held for the purpose of electing officers of said city, or for determining any other question submitted to the voters of said city, shall proceed as provided under Section 34-3001 of the Code of

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Georgia, or by such other general laws as may hereafter be provided by the General Assembly. Contests. Section 14. 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 15. All persons qualified to vote for members of the General Assembly of this State who shal have resided in the City of Clarkesville one year prior to the election at which they offer to vote and who shall have registered as may be required by ordinances 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 16. 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; shall have resided in said city not less than (18) eighteen months immediately preceding his election; and shall be a qualified voter in municipal elections for officers of said city; shall have not been convicted of any crime involving moral turpitude; and shall have been 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 councilmen shall be placed on the ballot in an 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 his name to be placed on said ballot as a candidate for either mayor or councilman and unless such candidate shall have paid such qulaifying 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 for by ordinance. Qualification of mayor and councilmen. Candidacy. Section 17. The persons elected for mayor and councilmen

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shall appear at the council chamber on the first Friday night in each and every January, or so soon as practical thereafter, and take and subscribe to the following oath, before any judicial officer of the State of Georgia authorized to administer oaths, which shall be spread upon the minutes of the city council: I,....., do solemnly swear that I will well and truly perform the duties of Mayor (or member of council, as the case may be) of the City of Clarkesville to the best of my skill and ability, without favor or affection; that I wil adopt such measures, rules and regulations as in my judgment shall be best calculated to promote the welfare of the inhabitants of said city, so help me God. Said oath shall be subscribed to by each of said officers and then entered upon the minutes as aforesaid and they shall forthwith enter upon the discharge of their duties. Oath. Section 18. The mayor and council shall have full power to prescribe the place for their regular sessions to prescribe rules of procedure therefor. 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. The regular time of meeting shall be the first Friday in each month. Meetings. Section 19. The mayor and three councilmen shall constitute a quorum of the mayor and council of said city except in special cases herein provided for, for the transaction of business; in the absence of the mayor, the mayor pro tem. and three councilmen shall constitute a quorum, and in the absence of a quorum, any one or more members present at an adjourned or regular session may adjourn from time to time by proper entry on the minutes and compel the attendance of absentees which power is hereby given them. Quorum. Section 20. For each year, upon recommendation of the city manager, the mayor and council shall by proper ordinance elect and appoint such officers and employees as they deem necessary for the best interest of the City of

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Clarkesville, including a recorder, a marshal or marshals, fire chief, city clerk, treasurer, attorney, auditor, city tax collector and such other officials and employees as they may prescribe. The mayor and council may also, by ordinance, provide for the creation and appointment of a planning commission, as provided by an Act approved January 31, 1946 (Ga. Laws 1946, p. 191-203), and all amendments thereto now existing or hereafter enacted. The mayor and council shall pass such ordinance and make such disbursements as will carry out the provisions of any such planning and zoning commission. Officers and employees. Planning commission. Section 21. The mayor, or in this 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 as often as necessary hold and preside over a court in said city, to be called the mayor's or police court, for the trial of all offenders against the laws and ordinances of said city. Said court shall have the power to preserve evidence, issue warrants for the violation or 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 have no power to try any alleged offender without first having written charges preferred against such alleged offender. 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, at such place as the city authorities may determine upon, not to exceed six months, 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. Mayor's court. Section 22. When any arrest is made by the marshal of said city or his deputies he may take bond 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

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appearance bonds by the mayor, mayor pro tem., or recorder. 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 is violating any ordinance of said city, or who is suspected of having violated 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 Habersham County, for a reasonable length of time. The marshal or policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The marshal or policemen of said city, if deputized, are also authorized to make arrests anywhere within the limits of Habersham County of any person charged with violating any of the ordinances of the City of Clarkesville. Appearance bonds. Arrests. Section 23. 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, the mayor, mayor pro tem., or recorder, may for good cause shown, continue the hearing to a later day, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, in failure whereof, he shall 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 thereon. The mayor, mayor pro tem., or recorder shall also have power and authority to allow the city clerk to accept cash in lieu of the 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, by order of the officer presiding, be declared forfeited to the City of Clarkesville. Appearance bonds.

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Section 24. The city marshal shall maintain in a wellbound book, a complete itemized statement, properly dated, of all receipts for the city showing the amount, from whom received, and for what purpose. Record of receipts. Section 25. Any person convicted before the mayor, or other presiding officer of the said court, and being dissatisfied with the judgment therein shall enter first an appeal from the judgment of said court to the board of councilmen; provided, the appeal shall be entered within four days after rendition of the judgment complained of, and provided further, the 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 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 Habersham 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 provide, or to certiorari the same to a higher 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 mentioned. Appeal. Certiorari. Section 26. All persons owning property within the city limits of the City of Clarkesville shall be subject to pay an ad valorem tax not to exceed six mills for ordinary expenses, to said city thereon, and the lien for said tax shall attach as of January first in each year. The taxable real estate within the limits of said city shall

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have a value for taxation placed thereon by a tax assessor who is a citizen and resident of said city, and who is a qualified voter. The value to be fixed shall be the fair market value on January first of each year. The tax assessor above provided for shall be appointed by the mayor and council. Said tax assessor shall have authority to employ such technical, clerical, and expert assistance as in his discretion he shall deem necessary. The compensation of such assistants shall be fixed by the mayor and council upon recommendation from the city manager. All personal property of whatever kind or character subject to taxation in said city shall be returned and valued for taxation under existing methods employed in said city, but all such returns shall be made on or before the 15th day of February of each year, and upon failure to make such return the owner of such property shall be liable for double taxes upon such returned property. The tax assessor of the City of Clarkesville shall complete the assessment of all property subject to ad valorem taxation not later than the first day of March of each year. All ad valorem taxes shall become due and payable on the 31st day of October of each year. The tax-payers may anticipate the payment of the amount of their tax and shall be allowed a discount of one-half of one percent per month for every month in advance of the 31st day of October in each year, that said taxes may have been paid. On and after the 31st day of October of each year the books for the collection of taxes shall be peremptorily closed; and on the next day following, tax executions shall be issued against defaulters and a penalty shall be fixed for the non-payment of taxes when due; it shall be the duty of the city clerk or manager to see that said executions are promptly collected, the provisions herein respecting the collection of same being mandatory, and failure to properly perform the duties devolving on any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of such officer or officers. Said unpaid tax for which executions are issued shall bear interest at the rate of 7 percentum per annum; and in addition thereto, the cost of issuing, levying and settling

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such executions shall be the same as allowed the tax collectors, constables and sheriffs of this State for like services; such costs, however, to be paid into the treasury of the City of Clarkesville. The tax assessor shall receive reasonable compensation to be set by the mayor and council upon recommendation by the city manager. Taxation. Section 27. For the purpose of providing a sinking fund for paying the principal and interest of any bonds heretofore issued or that may be hereafter issued by said city authorities, and for the payment of the annual or semiannual interest on said bonds and for the payment of legal and equitable judgment and decrees against said city, the said mayor and council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of Georgia, as provided in the Civil Code of Georgia and other general laws of the State of Georgia and for the purpose specified in those sections. Sinking fund. Section 28. Any person dissatisfied with the assessment made on any or all of his property shall have the right to appeal to the tax assessor who shall hold a session for complaints. The determination of the assessor upon such hearing shall be subject to appeal made to the mayor and council; provided, such appeal shall be filed in writing with the clerk of said city within five days after the hearing before said assessor and such appeal shall be heard by the mayor and council at their next regular meeting, unless continued for cause. The decision of the mayor and council shall be final. The mayor and council shall have power and authority to raise or lower the valuation of any property, real or personal, made by the tax assessor, if in their opinion, it is returned and/or assessed above or below its fair market value, and such action shall be final, subject to right of certiorari to the Superior Court of Habersham County, as provided by general law. Appeal to assessments. Certiorari. Section 29. The mayor and council shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the

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digest of the tax assessor, and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. All executions shall be signed by the city clerk or manager, as city tax collector, and may de served and tax sales made thereunder by the marshal or by the Sheriff of Habersham County or his legal deputies. Collection of taxes. Section 30. The City of Clarkesville may, and is hereby authorized to issue its bonds, for erecting any public buildings or other improvements that may be needed in said city under the provisions of the law now existing for the issuance of bonds by municipalities. Bonds. Section 31. Any election held under the provisions of the preceding section of this charter and in accordance with the general laws of the State now in force, shall be conducted as provided in Chapter 87-2, of the Code, as amended, or such other laws as may be provided hereafter by the General Assembly. The ballots cast at such election shall contain the words For bonds or Against bonds. All persons entitled to vote for mayor and council of said city shall be entitled to vote on the question of issuing bonds. Such election shall be called at any time the mayor and council of said city may deem wise, after first giving the notice required by law in such cases made and provided. Said bonds shall mature at such time, not later than thirty years from date of issue, or at different times within said period; shall bear such rate of interest, not exceeding six percent; and shall be in such denominations as the mayor and council may prescribe; and said bonds shall provide that the interest thereon shall be paid annually or semi-annually, as may be deemed most advantageous to the city in the judgment of the city council and mayor. If the requisite majority of votes be cast in favor of the issuance of bonds, the mayor and council and mayor. If the requisite majority of votes be cast in favor of the issuance of bonds, the mayor and council shall proceed to issue the same in manner and form usual to municipal bonds, the principal bonds to be signed by the mayor and clerk, and the interest coupons to be signed by the clerk only provided, that the signature of said clerk may be engraved or stamped upon said coupons, fascimile. Said bonds shall

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be exempt from taxation by the City of Clarkesville and shall constitute an inviolable contract between said city and the holders of said bonds. All other matters and particulars concerning said bonds, the issuance and contents thereof, shall be determined by the mayor and council, in conformity with the law and this charter. The mayor and council shall have the authority to provide for the sale and disposition of such bonds, at private or public sale, as to them may seem best, and to make all arrangements concerning the manner of sale as to them may seem best. The funds derived from the sale of such bonds shall be paid to the city treasurer, and the same shall be used only for the purposes for which said bonds were issued. All bonds issued by said city shall have, attached to them the corporate seal of said city. Bond elections. Form of bonds, etc. Section 32. The Mayor and Council of the City of Clarkesville are hereby authorized and empowered to use and expend any part or parcel of the moneys collected by taxation for the purpose of erection of any buildings, or for any public improvement or purpose. Expenditures. Section 33. The City of Clarkesville 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 34. The City of Clarkesville, 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 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 by such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes. Said council shall have full power and authority to require property owners to construct a sidewalk adjacent to their property, in failure whereof, the same may be done by the city and charged to such property. Streets, sidewalks, etc.

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Section 35. The mayor and council shall pass and adopt, 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, which ordinance shall prescribe the amount of such tax or license. The mayor and council may issue fi. fas. against the persons subject to such license, which fi. fas. 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. are enforceable. 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 Clarkesville without having first procured such license and complied with all other requirements of said City of Clarkesville, 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. 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, may be in addition to the methods herein provided for collecting such tax or license. Licenses. Section 36. The mayor and council may revoke the license of, and prohibit the operation of, any business or establishment for which 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 the City of Clarkesville. In such case the fee paid for such license shall be refunded. No licenses shall be revoked without written notice being given to the person, firm or corporation holding such license, which notice shall state the reason why such license is being revoked, and which shall afford 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. The decision of the mayor and

Page 2764

council of said city, revoking any such license, shall be final. Revocation. Section 37. The mayor and council 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. Cemeteries. Section 38. The mayor and council of said city are authorized to establish a city park or playground in said city for the purpose of improving the health and pleasure of the citizens, and visitors of said city. They shall have the power and authority to improve and keep up such parks and playgrounds, and to this end may appoint such officers, employees or boards as in their judgment may be necessary to carry out the purpose of this section. Parks, playgrounds. Section 39. The mayor and council of said town shall have the right and power to abate any nuisance likely to endanger the health of said town, and may abate such nuisance in a summary manner. Where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expenses of such abatement shall be charged against the party causing the same, and payment thereof enforced by fine, or imprisonment, or both, in the discretion of said mayor and council. Nuisances. Section 40. The mayor and council of said city shall provide that an annual audit of receipts and expenditures be made and that a report thereof be published in the official organ of the City of Clarkesville. Audits. Section 41. All ordinances heretofore passed for the City of Clarkesville shall not be affected by this Act, but shall remain in full force and effect, unless repealed, modified or superseded by the mayor and council as herein provided. Existing ordinances. Section 42. Not less than 30 nor more than 40 days

Page 2765

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 persons having the responsibility of calling and conducting elections in the City of Clarkesville to issue the call for an electio for the purpose of submitting this Act to the voters of the City of Clarkesville for approval or rejection. The date of the election shall be set for a date not less than 20 nor more then 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 Habersham County. The ballot shall have printed thereon the words: For approval of the Act creating a new charter for the City of Clarkesville Against approval of the Act creating a new charter for the City of Clarkesville 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 the 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 Clarkesville. It shall be the duty of the persons having the responsibility of conducting and managing the election to canvass the returns and certify the results of the election. It shall be their further duty to certify the results thereof to the Secretary of State. Referendum. Section 43. 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 there will be introduced at the November 1953 session of the General Assembly of Georgia a bill creating a new charter for the City of Clarkesville; to provide for a mayor and council for said city, and to provide for a city manager form of government and define his duties, powers, responsibilities and manner of selection and compensation and for all things

Page 2766

necessary for the proper operation of a municipality, and for other purposes. This 14th day of October, 1953. T. Sidney Blackburn, Representative, Habersham County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oath, 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: November 5th, November 12th and November 19th. /s/ T. S. Blackburn Representative, Habersham County Sworn to and subscribed before me, this 23 day of Nov., 1953. /s/ Frank H. Edwards Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 1955. (Seal) Approved December 21, 1953. ADELCORPORATE LIMITS. No. 731 (Senate Bill No. 230). An Act to amend an Act creating a new charter for the City of Adel, Georgia, approved July 29, 1919 (Ga.

Page 2767

Laws 1919, pp. 792-811), as amended, so as to redefine and enlarge 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 Adel, Georgia, approved July 29, 1919 (Ga. Laws 1919, pp. 792-811) as amended, is hereby amended by striking therefrom Section 1 relating to the corporate limits and powers and by substituting in lieu thereof, a new Section 1 to read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act, the inhabitants of the territory now embraced in, and known and heretofore incorporated as the Town of Adel, in originally Berrien, but now Cook County as hereinafter defined, be and they are hereby incorporated under the name and style of the City of Adel, and the City of Adel is hereby chartered and made a city under said corporate name, and by that name is established, and by that name shall have perpetual succession, and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments now belonging and in any wise appertaining to said Town of Adel, or the Mayor and Council of Adel, as heretofore incorporated, shall be and are hereby vested in the City of Adel, as created by this Act, and the said City of Adel, in Cook County, Georgia, created, established and declared 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 for the welfare and proper government of said city as said mayor and council deem best and not inconsistent with the laws of Georgia and the United States, and the said City of Adel shall be capable in law to purchase,

Page 2768

hold, enjoy, receive, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of any kind whatever within or without the corporate limits of said city for corporate purposes; and to sell, alien, exchange or lease the same or any part thereof; the said City of Adel, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities and undertakings of whatever kind or nature, of said Town of Adel, or the Mayor and Council of Adel heretofore incorporated; and all ordinances now in force in the Town of Adel and enacted by the municipal authorities of the Town of Adel or by the Mayor and Council of Adel, and not repugnant to this charter or the laws of Georgia, shall be, and are hereby continued in force in said City of Adel. Sec. 1, Act of 1919, amended. Incorporation. Section 2. Section 3 of said Act relating to the corporate limits of said city is hereby amended by striking said section in its entirety and substituting in lieu thereof the following: Sec. 3 amended. The corporate limits of the City of Adel, Georgia, are described as follows, to wit: The territory lying within Cook County, Georgia, and embraced at present in the following boundaries: Beginning at a point where Fourth Street in the original City of Adel crosses the tract of the Georgia Southern and Florida Railway, and extending north of said point on the west side of the western boundary of the right-of-way of U. S. Highway No. 41 two-thirds of a mile, and extending north of said point on the east side of the western boundary of the right-of-way of U. S. Highway No. 41 to the center of the run of Giddens Mill Creek; and extending east from said point (where Fourth Street in the original City of Adel crosses the tract of the Georgia Southern and Florida Railway) to branch known as Bear Creek; extending south from said point sixty-three hundredths of a mile; and extending west from said point two-thirds of a mile. Corporate limits.

Page 2769

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 21, 1953. CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 732 (Senate Bill No. 160). An Act to amend 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, as amended (Ga. Laws 1952, pp. 2825, et seq.) so as to require the board created by the Act to receive all business tax returns and all delinquent tax returns; 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, as amended, be and the same is hereby further amended as follows: Section 1. It shall be the duty of the board of tax assessors created by this Act, as amended, to receive all business tax returns and all delinquent tax returns for both the city and the county and to make appropriate digest therefor. In the performance of this duty, the board is authorized to provide by rules and regulations duly adopted by the board for any matter not specifically covered by the Act, as amended, so as to provide for the efficient and economical administration and performance of the duties required of the board. The board is specifically authorized to delegate to any employee any appropriate

Page 2770

and necessary power in connection with any duties assigned to them, and all such employees shall be directly responsible to the board for the efficient performance of all such duties. Business tax returns; delinquent returns. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 21, 1953. PENSION SYSTEM IN CERTAIN CITIES. No. 736 (Senate Bill No. 225). 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 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 amendatory thereof, so as to provide that if any such city shall cease to have a treasurer or does not have a treasurer, the chairman of the finance committee or the chairman of a similar committee shall be a member of the board of trustees; 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: Section 1. That said Act, as amended by the Act approved March 2, 1953 (Ga. Laws 1953, pp. 2824-2827) be amended by striking Section 2 thereof, which reads as follows: 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

Page 2771

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 by enacting in lieu thereof the following: Sec. 2. Act of 1953, amended. 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 chairman of the finance committee or the chairman of a similar committee, shall be a member of said board of trustees. Board of trustees. Section 3. That Section 4 of said act, as amended, is further amended by striking therefrom the following: The mayor shall have the privilege of designating a chairman of the finance committee to serve in his stead and when so acting he shall have all the powers hereinafter conveyed to the mayor. and The decision of said board of trustees granting or refusing a pension shall be subject to review by the superior court in an action at law, suit in equity, writ of certiorari as provided by general law such writs or other proper proceeding, upon petition of such city or any other person who may have an interest in the funds provided by this Act, as amended. Any existing board of trustees created under this Act before amendment is hereby abolished. so that said section, when amended, shall read as follows: Sec. 4 amended. There is hereby established a board of trustees, whose duty it shall be to see that the provisions of this Act are carried out and that the funds are kept separate. Said board of trustees shall be composed of the mayor, the city comptroller and a member of the board of education, be elected annually by the board of education (or such other officials who may discharge the duties usually assigned to such officers), together with one other member to be elected annually by the employees of the school

Page 2772

department participating in said pension plan; and one member to be elected from non-school employees by the mayor and general council annually. The first elections herein authorized shall be had by the respective governing authorities at the first meeting after the approval of this Act. In all cities subsequently coming under the Act, the first elections shall be held at the first regular meeting after the population shall be determined. The mayor shall be the chairman of the board of trustees and the comptroller shall be the secretary thereof and all members of the board shall serve without pay, except the secretary who shall be paid fifty dollars per month, from pension fund. Whenever any pension has been granted by said board, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pensioner, signed by the mayor, countersigned by the secretary and paid by the treasurer. The city treasurer shall be the treasurer of said board of trustees. The board of trustees shall be authorized to pay out of the pension fund all necessary expenses in the operation of said board. Said board is authorized to make all necessary rules for the carrying out of the provisions of this Act, to reconcile conflicts therein, if any should exist, and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act, provided, that all such rules must be consistent with the terms and spirit of this Act. Board of trustees. Payments of pensions. Section 4. That said Act, as amended, be further amended by adding thereto a new section to be known as Section 4 (b) to read as follows: Sec. 4 (b) added. Section 4 (b). A majority of the board of trustees shall control on all disputed questions, but such city or any person making application for pension or other relief may appeal from the decision of the board of trustees to the superior court in and for the county in which such municipality lies, or if such municipality lies in more than one county, then to the superior court of the county in which the greater part of such municipality lies, by filing the clerk of said court a petition in writing setting forth generally wherein such decision is erroneous.

Page 2773

Such appeal shall be filed within thirty days after the decision of the board of trustees is rendered. The same shall be served on the opposite party or his attorney by delivering to him a copy thereof. Upon the filing of such an appeal, the clerk of the superior court shall give immediate notice thereof to the secretary of the board of trustees and within thirty days from the date of such notice, the secretary of the board of trustees shall cause to be filed with the said clerk a copy of the application for pension or other relief involved and of the decision of the said board thereon, with the date thereof, duly certified by the secretary of the board of trustees. Thereafter at the next term of the superior court, or in vacation upon ten days' notice to the parties, unless a jury trial is demanded in writing by one of the parties within thirty days after the appeal is filed with the clerk of the superior court, the judge of such court shall proceed to hear and pass upon the controversy. If a jury trial is demanded, the hearing shall be in order at the next term of the court. All such hearings shall be de novo proceedings. Any party at interest who is aggrieved by the judgment rendered by the superior court in such matter may have the same reviewed by a motion for new trial or direct bill of exceptions in the same manner as now provided by law for other judgments, orders and decrees of the superior courts. The filing of an appeal in the superior court from any decision of said board of trustees shall act as a supersedeas. Writ of error. Section 5. That all laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 21, 1953. MACONALLEY WIDENING AUTHORIZED. No. 737 (Senate Bill NO. 241). An Act to permit the widening of Williams Lane in the City of Macon from Madison Street to N.W. Boundary

Page 2774

Street by 10 feet to be taken off of the property granted and conveyed by the State Board of Public Education and Orphanage for Bibb County (Acts 1953, Jan.-Feb. Session, pp. 2067-2068); to permit the closing of N. W. Boundary Street in said city for one block from Green Street to said Williams land; to provide for the vesting of title upon the closing of said block of N.W. Boundary Street: 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 permission is hereby given to the Board of Public Education and Orphanage for Bibb County and to the City of Macon, through its governing authority, to widen Williams Lane in the City of Macon from Madison Street to N.W. Boundary Street by 10 feet, to be taken off of the property granted and conveyed by the State to said Board of Public Education and Orphanage for Bibb County by Act of the General Assembly of Georgia approved February 3, 1953 (Acts 1953, Jan.-Feb. Session, pp. 2067-2068), said Williams Lane forming the northerly boundary of said property, and said property having been granted and conveyed to said Board of Public Education and Orphanage for Bibb County with a reverter clause to the State. Williams Lane. Section 2. That permission is hereby granted to the Board of Public Education and Orphanage for Bibb County and to the City of Macon, through its governing authority, to close, vacate and abandon N.W. Boundary Street in said City of Macon for one city block from Green Street to said Williams Lane. N. W. Boundary Street. Section 3. The said Board of Public Education and Orphanage for Bibb County being the owner of all of the adjacent property on both sides of said N.W. Boundary Street between Green Street and Williams Lane, upon the closing of said block of N. W. Boundary Street the title thereto shall vest in said Board of Public Education and Orphanage for Bibb County.

Page 2775

Section 4. Evidence of advertising required by law is hereto attached and made a part hereof. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 21, 1953. FULTON COUNTYCIVIL SERVICE SYSTEM. No. 738 (Senate Bill No. 234). An Act to amend an Act approved March 15, 1943, which provides for the creation of a civil service board in Fulton County and for classification of the employees of said county and for other purposes, appearing in Georgia Laws 1943, page 971, so as to provide in addition to the other requirements of said Act that the two attorneys employed in the office of the Solicitor-General of Fulton County whose duties are to condemn automobiles seized in illegal transportation of liquor and the duty of administering the uniform support for dependent children law respectively shall be in the unclassified section of the Civil Service Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. The Act approved March 15, 1943 which provides for the creation of a civil service board in Fulton County and for the classification of the employees of said county, appearing in Georgia Laws 1943, page 971, as heretofore amended, is further amended by inserting after the words Assistant Solicitors-General and before the word also in Section 5 (l) (m), the following language: and the attorney assigned to the duty of

Page 2776

condemning automobiles seized in illegal transportation of liquor and the attorney assigned to the duty of administering the Uniform Support for Dependent Children Law so that said Section 5 (1) (m) when so amended will as follows: Assistant Solicitors-General, and the attorney assigned to the duty of condemning automobiles seized in illegal transportation of liquor and the attorney assigned to the duty of administering the Uniform Support for Dependent Children Law, also Assistant Solicitors of the Criminal Court of Fulton County. Sec. 5 (1) (m) amended. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. 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 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 December 21, 1953. PENSION SYSTEM IN CERTAIN CITIES. No. 740 (Senate Bill No. 212). An Act to amend an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or subsequent census shall furnish pensions to all officers and employees of such cities (Ga. Laws 1927, pp. 265, et seq.) so as to provide that any officer or employee who is not now a member of the

Page 2777

pension fund established by said Act may become a member thereof; so as to provide that officers and employees who are now members of said pension fund may receive credit for prior service to the city; to provide for the refund of pension payments to the estate of any officer or employee who shall die before becoming eligible for pension; to provide that any member may make application for an earned pension within six months after the termination of his service; 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 and the several Acts amendatory thereof be and the same is hereby further amended as follows: Section 1. That any officer or employee who is not now contributing to any pension fund may, within ninety (90) days from the approval of this Act, become a member of the pension fund provided by this Act and be entitled to all the benefits and emoluments herein provided and receive credit for all the years of his service to the city, provided he shall pay into said fund the sum of two (2%) percent on his salary to be computed from November 1, 1927 to May 1, 1935 and from May 1, 1935 to the date of his becoming a member of such pension fund the sum of three (3%) percent of his salary, in the event he does not provide for the payment of a pension to his widow. In the event he does provide for the continuance of said payment to his widow, he shall pay three (3%) of his salary from November 1, 1927 to May 1, 1935 and four (4%) percent of his salary from May 1, 1935 to the date he becomes a member of such pension fund. Such total amount that may be due to be paid into said pension fund shall be divided into fifty (50) equal installments, to be paid over a period of fifty (50) months. The benefits granted under the provisions of this section shall be held to apply also to any officer or employee who, prior to the passage of this amendment, has entered or re-entered such pension fund under the existing laws and who failed to receive credit

Page 2778

for any service rendered as an officer or an employee of the city prior to that time. Application for the additional credit may be made within ninety (90) days from the approval of this act, and the additional payments required may be divided as provided in this section. Non-participants, how they may become participants. Section 2. That Section 4 of the amendment to said Act, approved March 8, 1945 (Ga. Laws, 1945, pp. 999, et seq.) be amended by adding at the end thereof the following sentence: If such member should die before being awarded a pension and should leave no beneficiary entitled to a pension as such under this Act, the refund shall be made to his estate. so-that said section, when amended, shall read as follows: Section 4. That any member participating in the provisions of this Act who leaves the employ of said city before being eligible for retirement shall have refunded to him an amount equal to the amount paid into the said fund less one-half of one per centum per year to cover each year that the member had paid into the fund and received protection under this act. To illustrate, if at the end of the first year, the member has paid into said fund $10.00 and leaves the services of the city or withdraws from the pension fund, he shall be entitled to a refund of said $10.00 less one-half of one per centum or if at the end of twenty-four years, he has paid into said fund $240.00, he would be entitled to a refund of $240.00 less twelve per centum. If such member should die before being awarded a pension and should leave no beneficiary entitled to a pension as such under this Act, the refund shall be made to his estate. Refunds. On leaving service. On death. Section 3. That Section 13 of the act, approved on March 27, 1941 (Ga. Laws, 1941, pp. 468, et seq.) as follows: Section 13. Be it further enacted that when any member by reason of his service is entitled to a pension and is discharged from the service of said city before making application therefor, such discharged person may make application for a pension within thirty (30) days from the date of his discharge, except where the discharge is for the commission of an unlawful act involving

Page 2779

moral turpitude, and if otherwise entitled thereto the pension shall be granted. be and the same is hereby repealed and the following enacted in lieu thereof: Section 13. Be it further nacted that whenever any member by reason of his service is eligible for a pension, he may make application therefor within six months after the termination of his service and employment by the city. The manner of termination of service shall not impair his right to a pension. Pension after termination of service. Section 4. That Section 12 of the amendment to said Act, approved March 27, 1941 (Ga. Laws, 1941, pp. 468, et seq.) be amended by striking therefrom the word fifteen in line 3 thereof and substituting the word ten, so that said section, when amended, shall read as follows: Section 12. Where any employee participating in the provisions of this Act shall die while in active service and after having had not less than ten years of active service prior to his death, his beneficiary as defined in this Act, shall be entitled to receive a pension representing three-fourths of the amount that said member would have been entitled to receive in the future had such member not died but had become as of the date of his death totally and permanently disabled within the provisions of this Act. In other words, the amount paid to such beneficiary shall represent three-fourths of the amounts that such member would have received had such member not died but on the other hand had become, as of the date of death, totally and permanently disabled within the provisions of this Act, and as provided in Section 9 above. As an illustration, if a member earning two hundred ($200.00) dollars per month should die after serving eighteen (18) years and nine (9) months, his beneficiary would be entitled to receive eighteen-twenty-fifths (18/25ths) of three-fourths (3/4ths) of what the member would have received had he been totally and permanently disabled at the end of eighteen (18) years, same being the sum of fifty-four ($54.00) dollars per month.

Page 2780

This amendment shall be retroactive to January 1, 1952. Section 5. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 21, 1953. HENRY COUNTYZONING AND PLANNING COMMISSION. No. 742 (House Bill No. 999). An Act to provide for a zoning and planning commission in and for all of that portion of Henry County lying outside of the corporate limits of any incorporated town or city; to provide for the appointment of the members of said commission; to provide that three commissioners shall constitute said commission; to provide for compensation of said commissioners; to provide for their organization; functions and powers; to provide for the planning and zoning of Henry County; to provide for appeals from the decisions of said commission; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. The provisions of this Act shall apply to all of that portion of Henry County lying outside of the corporate limits of any incorporated town or city. Section 2. Pursuant to Article III, Section VII, Paragraph XXIII of the Constitution of Georgia, there shall be a planning and zoning commission in the County of Henry, consisting of three (3) members. The first commissioners shall be M. M. Brown, Chairman, R. H. Bonner and Claude Walden, who shall serve for a term of five (5) years each, and upon the expiration or upon a

Page 2781

vacancy occuring otherwise of either of their respective terms of office, the board of commissioners of roads and revenues of said county shall appoint their successors. The first appointed commissioners hereunder shall commence their terms of office on the 1st day of January, 1954, and any commissioner appointed to fill an unexpired term shall serve for said unexpired term, all other appointments shall be for a term of five (5) years from the date of the expiration of his pre-decessors term of office. Commission. Members. Terms. Section 3. It shall be the duty of said commission to make a study of the entire County of Henry and from said study to formulate a zoning plan for said county for the control of the use of all real estate in said county so that the future growth of said county shall be a harmonious plan and development in accordance with the present needs, and will best promote health, safety, morals, order, convenience, prosperity and general welfare as well as efficiency and economy in the process of development, including among other things adequate provision for traffic, to promotion from safety from fire and other dangers, the promotion of the healthful, orderly and economic distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements. Zoning plans. Section 4. Toward this end the commission may adopt a total plan for the entire county or may adopt a plan for any portion of the county and adopt other plans for other portions of the county at such times as they are able to determine the needs of each community or section, but all of the plans so adopted shall conform to and finally make the total plan. Before placing any area under a zoning plan they shall hold at least one public hearing, notice of which has been advertised in a newspaper published in said county, at least fifteen (15) days prior to said hearing, and during such time they shall have subject to inspection a copy of said plan on file in the office of the clerk of the board of commissioners of roads and revenues of said county. Hearings.

Page 2782

Section 5. After the adoption of any such master plan or plan for any section of or geographical portion of said county, according to the terms of this Act, and shall have filed certified copies together with all maps and descriptions thereof in the office of the clerk of the superior court of said county, thereafter same shall be a zoning of said county or such geographical portions of said county as the same shall cover and shall be notice to all persons buying or selling real property in said county, and thereafter all properties purchased shall be with notice of said zoning regulations set forth in said plan on file, and all properties covered by any such plan or plans shall be subject to any regulations therein contained. No subdivision of lands for purposes other than agricultural may thereafter be made except with the consent and approval of said commission. Effect of adoption. Section 6. Should any property owner be dissatisfied with the action of said commission in the manner in which it zones any piece of property belonging to said property owner, or with the permitted uses, he may appeal their decision to the board of commissioners of roads and revenues, and if dissatisfied with the said decision of the board of commissioners of roads and revenues may appeal the same to the Superior Court of said Henry County. Appeals. Section 7. The members of said commission shall receive ten ($10.00) dollars for each meeting regularly held by said commission, said commission to hold meetings regularly once a month on such date as shall be determined by them, which meeting date shall be duly advertised so that the public may be aware of and attend said meetings. Compensation of members. Section 8. Any violation of any of the regulations contained in the duly registered plans on file in the office of the clerk of the superior court, or any attempt to sell or otherwise dispose of any property in any subdivision which has not been approved by said commission, may be enjoined by said commission or the person, firm or corporation guilty of such violation shall be subject

Page 2783

to a penalty not to exceed the sum of one hundred ($100.00) dollars for each violation. Violations. Section 9. All laws and parts of laws in conflict with this Act shall be repealed in so far as the provisions of this Act shall apply. Notice of Local Legislation. 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 provide for a zoning and planning commission in and for all of that portion of Henry County lying outside of the corporate limits of any incorporated town or city; to provide for the appointment of the members of said commission; to provide that three commissioners shall constitute said commission; to provide for compensation of said commissioners; to provide for their organization, functions and powers; to provide for the planning and zoning of Henry County; to provide for appeals from the decisions of said commission; and for other purposes. /s/ Edward E. McGarity Representative of Henry County, Georgia. Georgia, Henry County. Before the undersigned officer, personally appeared Frank J. Linch, owner and publisher of the Weekly Advertiser a newspaper in and for the County of Henry, who being duly sworn on oath says that the foregoing notice entitled Notice of Local Legislation is a true and correct copy of a notice which appeared and was duly published in the Weekly Advertiser, a newspaper published in and for Henry County, Georgia, in which the sheriff's advertisements for Henry County are published, on the 19th 26th day of November, 1953, that said notice was published in full compliance with the provisions

Page 2784

of Article III, Section VII, Paragraph XV, of the Constitution of Georgia. /s/ Frank J. Linch. Sworn to and subscribed before me this 28 day of November, 1953. /s/ Thos. J. Brown, Jr. Notary Public Henry County, Georgia. Approved December 18, 1953. ROCKDALE COUNTYCOMMISSIONER'S COMPENSATION. No. 743 (House Bill No. 761). An Act to repeal an Act entitled An Act to fix the salary and other compensation for the Commissioner of Roads and Revenues of Rockdale County, and for other purposes., approved February 16, 1953 (Ga. Laws 1953, January-February Session, p. 2298); to amend an Act creating the office of Commissioner of Roads and Revenues of Rockdale County, approved February 18, 1941 (Ga. Laws 1941, p. 952), as amended, so as to provide for the compensation and allowance of the Commissioner of Roads and Revenues of Rockdale 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 fix the salary and other compensation for the Commissioner of Roads and Revenues of Rockdale County, and for other purposes., approved February 16, 1953 (Ga. Laws 1953, January-February Session, p. 2298), is hereby repealed in its entirety. Act of 1953 repealed.

Page 2785

Section 2. An Act creating the office of Commissioner of Roads and Revenues of Rockdale County, approved February 18, 1941 (Ga. Laws 1941, p. 952), as amended, particularly as amended by an Act approved March 25, 1947 (Ga. Laws 1947, p. 671), is hereby amended by striking in its entirety Section 8, relating to the salary and allowance of the Commissioner, and inserting in lieu thereof a new Section 8 to read as follows: Section 8. The compensation of the Commissioner of Roads and Revenues shall be two thousand eight hundred dollars ($2,800.00) per annum, plus the sum of one thousand two hundred dollars ($1,200.00) per annum as an automobile expense allowance, all of which shall be payable in equal monthly installments from the general funds of Rockdale County. Compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. This is to certify that the following Notice of Intention to Introduce Local Legislation was published in The Conyers News of Conyers, Georgia, on the ninth day of October, 1953. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November, 1953 session of the General Assembly of Georgia, a bill relating to the salary, automobile and automobile expense allowance of the Commissioner of Roads and Revenues of Rockdale County; and for other purposes. This 8th day of October, 1953. E. M. Walker, Representative, Rockdale County.

Page 2786

This Notice of Intention was also published in The Conyers News on October 16, 23, and 30, 1953. The Conyers News, Conyers, Georgia. Signed: Arthur Henderson Auditor. Sworn and subscribed before me this 5th. day of November, 1953. A. W. Crawford Notary Public. My commission expires Sept. 28, 1956. (Seal) Approved December 18, 1953. CAIROBOARD OF WATER, GAS AND ELECTRIC LIGHT COMMISSIONERS. No. 745 (House Bill No. 1029). 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 create a board of water, gas and electric light commissioners to operate the water, gas and electric light works of said city and to manage certain phases of sewage finances and operations; to provide for their election; to provide their qualifications, powers, duties and manner of operating the water, gas and electric lights and sewage affairs; to provide when same shall be placed into effect; to provide for the repeal of conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

Page 2787

Section 1. There shall be a board of water, gas and electric light commissioners of the City of Cairo of which the mayor shall be ex officio chairman. In addition to the mayor said board shall consist of two (2) members elected by the Council of th City of Cairo from the citizens of said city. Any one eligible to hold office in the City of Cairo shall be eligible to the commission. The citizen members of said commission shall be elected for a term of two (2) years. Two commissioners shall be elected, one for one year and one for two years, and the election for one commissioner shall be held in each year thereafter on the second Monday in January to succeed the commissioner whose term of office at that time expires; all vacancies shall be filled for an unexpired term in not more than fifteen (15) days after such vacancies occur. Members. (1) The board of water, gas and light commissioners shall take and subscribe and oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record, in book, to be kept for the purpose, of the acts and doings of said board, a full report of which shall be made quarterly to the mayor and council of said city; Provided, however, that the mayor and council by the adoption of a resolution to that effect, may change the time for making said report. The books, vouchers and papers of said board shall be subject to inspection and examination at any time by persons authorized to do so by the mayor and council of said city. Records. (2) That a majority of said board shall constitute a quorum for the transaction of business, and all contracts and engagements, acts, and doings of said board of water, gas and light commissioners, within the scope of their authority, shall be obligatory upon, and be in the law considered as if done by the mayor and council of said city; Provided, however, that no election that shall be held by said board of water, gas and light commissioners shall be valid unless all three (3) members of the board of water, gas and light commissioners are present and vote in said election. Quorum.

Page 2788

(3) That said board of water, gas and light commissioners shall annually, on Tuesday after the second Monday in January, elect one superintendent of waterworks, gas and electric lights, whose term of office shall be for one year, and until his successor is elected and qualified, but he shall be subject to removal with or without cause or notice at the pleasure of said board. He may be required to make stated reports to both the mayor and council of said city and the board of water, gas and light commissioners, and his compensation shall be fixed by the board of water, gas and light commissioners. In addition said board of water, gas and light commissioners shall have the power to employ such number of persons as may from time to time be found needful in the management and operation of said electric light, gas and waterworks plants, but no such employment shall be for a longer period than one (1) year, and such employees shall be subject to removal with or without cause or notice at the pleasure of said board; the compensation of all such employees to be fixed by the board of water, gas and light commissioners. Superintendent. Employees. (4) That said board of water, gas and light commissioners shall have power to establish a scale of water, gas and electric light rates, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of water, gas and electricity into or upon any premises, and from time to time to regulate the use of water, gas and electricity in such manner as shall seem to them necessary and proper; and shall have the further power to furnish at cost, place and compel the use of meters, and prescribe the kind, and make the use of same a condition precedent to furnishing the premises with water, gas and electricity and to prescribe how and where such meters shall be placed; and the members of said board of water, gas and light commission, the superintendent and all imspectors in their service, are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water, gas or electricity is taken or used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall

Page 2789

have full power to examine all surface pipes, stopcocks and other apparatus connected with said waterworks, electric light and gas works, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor; and if any person refuses to permit such examination or opposes or obstructs such officers in the performance of such duties such persons so offending shall, upon conviction, be fined not exceeding fifty dollars ($50.00), or imprisoned in the guard house not exceeding fifty days (50), either or both, or by fine with an alternative of such imprisonment. In addition the board of water, gas and light commissioners may shut off the supply of water, current or gas until the required examination is made, and such alterations and epairs are completed as necessary. And said board of water, gas and light commissioners shall have the right and power to adopt rules providing that, when water, gas or electric light meters show signs of having been tampered with for the purpose of avoiding or reducing the payment of rates, the consumer or the property owner shall be held responsible on account thereof, and that until the payment on a basis of a fair estimate of the length of time that said meter or meters have been tampered with and the amount of gas, current or water used during such period the supply of gas, water or electricity shall be cut off from the premises until such demand is paid, provided due notice and opportunity to be heard is given the property owner of the intention of the board of water, gas and light commissioners to so cut off said water, gas and electricity. Rates; rules and regulations. Meters. (5) That said board of water, gas and light commissioners shall regulate the distribution of said water, gas and electricity in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and they shall erect such number of public hydrants and stock founts and in such places as they shall see fit, and elect in what manner for what purpose the same shall be used, for all of which they may charge at their discretion; Provided, that all hydrants, conduits

Page 2790

and appliances required and furnished for the extinguishment of fires shall be erected and placed as the board of city commissioners may direct and be under their exclusive control and direction. (6) That said board of water, gas and light commissioners shall have full power and authority to require the payment in advance for the use or rent of water, gas or electricity furnished by them in or upon any building, place or premises, where the payment in advance is not required, for non-payment they may shut off the water, gas or electricity from such building, place or premises; and shall not be compelled to again supply said premises or places with gas or electricity or water until the arrears with interest thereon, shall be fully paid. In addition to all other methods authorized for the enforcement of the payment of water, gas or electric light or power rents or charges, execution therefor may be issued against the person, firm or corporation actually using or consuming the same, which execution shall be signed by the superintendent of water, gas and electric lights and bear teste in the name of the chairman, shall be directed to the marshal or chief of police and be in the form of and enforced as execution for city taxes, with the right in the defendant to contest by illegality, and such charges or rents shall constitute and be a lien upon all of the property of the defendant from the time they become due and such liens shall rank with respect to all other liens next to the city's liens for taxes, and notice of such lien is charged to all persons dealing with said defendant, and said lien shall not be divested by any sale of the defendant's property. Enforcement of payments. Executions. (7) That said board of water, gas and light commissioners shall make no contract for the price of using water, gas or electricity for a longer time than one (1) year. All complaints regarding inequalities in the rates shall be heard by said board of water, gas and light commissioners and their decision shall be final and conclusive. Contracts. (8) That the board of water, gas and light commissioners

Page 2791

may require bond, with good and sufficient security, in a sum to be fixed by them, of the superintendent, and any or all of the employees appointed by said board of water, gas and light commissioners, said bond or bonds conditioned for the faithful performance of their duties and the prompt delivery of all money belonging to said city, coming into their hands, during their continuance in office, and said bond, or bonds, to be made payable to the City of Cairo. Performance bonds. (9) The members of said board of water, gas and light commission shall receive such compensation for their services as the mayor and council of said city may by ordinance prescribe. Compensation. (10) That the City Council of the City of Cairo may at any time remove any citizen member of said board of water, gas and light commission; Provided, it shall satisfactorily appear, after reasonable notice to the parties, and hearing the cause of complaint and answer thereto, if any should be offered, that the member whose removal is sought has been guilty of maladministration or neglect of the duties of his office, that his removal will be right and proper, and three fifths of the members of the City Council of the City of Cairo shall concur in said removal. Removal of members. Section 2. The provisions of this Act are applicable to water, gas and light commission authority both as to water, gas and light customers; business and dealings outside of the city limits of Cairo as well as within. Section 3. That the mayor and councilmen of said city are hereby authorized and empowered by proper resolution or ordinance to create a board of water, gas and electric light commissioners for said city, as provided by this Act, to become effective at such time as may be designated by said resolution or ordinance, and to provide further in said resolution or ordinance the two commissioners that are to serve until their successors are elected on the second Monday in January, next after this Act is placed into effect by said resolution or ordinance

Page 2792

all as provided in the first paragraph of Section One dealing with the election of the commissioners. Section 4. That said board of water, gas and light commissioners shall have in addition to their authority with regards to water, gas and electric lights the additional power and authority to fix sewage rates and collect same in the same manner and using the same authority and methods to set, assess and collect same as set out elsewhere in this Act, in so far as the same are assessed for and used for the retiring of any indebtedness owed by said city for construction or improving the water or sewage departments of the City of Cairo, and this authority over sewage in said city is limited to the setting, assessing, collecting and applying of same as set out in this section. Sewerage. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. 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. 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. I do further certify that the following notice of local legislation, to wit:

Page 2793

To Whom It May Concern: You are hereby notified that the undersigned intends to introduce in the 1953 November session of the General Assembly of the State of Georgia, a local or special bill for the purpose of amending that certain Act approved August 6, 1906 (Ga. Laws 1906, p. 573), incorporating the City of Cairo, as amended from time to time, so that the light, water, sewerage, and gas works of the City of Cairo may be operated and managed by a board of commissioners. This the 27th day of October, 1953. R. A. Harrell, Representative Grady County, Georgia was published in said Cairo Messenger in the issues thereof published on October 30th, November 6th, and November 13th, 1953. /s/ H. H. Wind, Jr. H. H. Wind, Jr. Sworn to and subscribed before me, on this 28th day of November, 1953. /s/ Geo. T. Smith Notary Public, Grady County, Ga. My comm. expires March 19, 1956. (Seal) Approved December 18, 1953. HENRY COUNTYTREASURER'S STATEMENT OF RECEIPTS. No. 747 (House Bill No. 980). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues of Henry County approved August 8th, 1921, and the several Acts amendatory thereof; to provide that the

Page 2794

Treasurer of Henry County publish an itemized statement of county receipts, from all sources, quarterly in the same newspaper and at the same time that the board of commissioners of roads and revenues publish their quarterly statement of county disbursements; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That on and after the passage of this Act the Treasurer of Henry County, Georgia, shall be required to publish an itemized statement of county receipts, from all sources, quarterly in the same newspaper and at the same time that the board of commissioners of roads and revenues publish their quarterly statement of county disbursements. Publication. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. 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 entitled An Act to create a Board of Commissioners of Roads and Revenues of Henry County approved August 8th, 1921, and the several Acts amendatory thereof; to provide that the Treasurer of Henry County public an itemized statement of county receipts, from all sources, quarterly in the same newspaper and at the same time that the board of commissioners of roads and revenues publish their quarterly statement of county disbursements; to repeal all laws and parts of laws in conflict herewith; and for other purposes. /s/ Edward E. McGarity Representative of Henry County, Georgia.

Page 2795

Georgia, Henry County. Before the undersigned officer, personally appeared Frank J. Linch, owner and publisher of the Weekly Advertiser a newspaper in and for the County of Henry, who being duly sworn on oath says that the foregoing notice entitled Notice of Local Legislation is a true and correct copy of a notice which appeared and was duly published in the Weekly Advertiser, a newspaper published in and for Henry County, Georgia, in which the sheriff's advertisements for Henry County are published, on the 12th day of November, 1953; that said notice was published in full compliance with the provisions of Article III, Section VII, Paragraph XV, of the Constitution of Georgia. /s/ Frank J. Linch. Sworn to and subscribed before me this 27th day of November, 1953. /s/ Thos. J. Brown, Jr. Notary Public Henry County, Georgia. Notarial seal affixed. Approved December 18, 1953. CRIMINAL COURT OF FULTON COUNTYRETIREMENT SYSTEM. No. 748 (House Bill No. 858). 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 (Acts 1946, pp. 299-303), as amended, so as to provide for the retirement and retirement pay of assistants and deputies in the office of the Solicitor-General of the Criminal Court of Fulton County; to repeal conflicting laws, and for other purposes.

Page 2796

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, as amended, be and the same is further amended as follows: Section 1. The assistants and deputies in the office of the Solicitor-General of the Criminal Court of Fulton County may elect to qualify for retirement and retirement pay under this Act, as amended, upon the terms and conditions hereinafter set forth. Solicitor-General's assistants and deputies. Section 2. Any such assistant or deputy, who is now serving as such may, within 30 days from the approval of this Act, notify the trustees that he elects to qualify for retirement and shall pay into the fund the percentages of his salary required by the terms of this act, as amended, from January 31, 1946 or from the date of appointment. The payments required to be made shall be divided into fifty (50) equal monthly installments, which may be deducted from the compensation of such assistant or deputy and shall be deposited into the retirement fund created by this Act, as amended, said deductions to be in addition to the deductions otherwise required. Election to qualify. Contributions. Section 3. If any such assistant or deputy is now participating in and entitled to benefits under any retirement or pension system applicable to the officers and employees of Fulton County, he may transfer to the retirement fund herein created, but may not participate in both funds. Participants in other system. Section 4. Upon qualifying for retirement under this Act, as amended, and upon agreeing to pay into the fund the amounts herein required, any such assistant or deputy shall receive credit for all the years of service for which he has received compensation from the Treasurer of Fulton County, it being the declared purpose of this section to permit such deputies and assistants to receive full credit for all service as an officer or employee of Fulton County and of the courts and officials thereof. Service credit.

Page 2797

Section 5. All assistants or deputies who shall hereafter be appointed by the Solicitor-General of the Criminal Court of Fulton County, shall have the privilege of qualifying for retirement under this Act, provided application is made therefor withi 30 days from their qualification. Future employees. Section 6. Any assistant or deputy who has qualified for retirement under the terms of this Act, as amended, may retire as a matter of right after twenty years of service, and shall thereafter receive the retirement pay provided in this Act, as amended, for the rest of his life. The trustees of said fund shall be notified of such retirement. No other notice need be given. Retirement. Section 7. A copy of notice of intention to apply for this local legislation and a 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. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. 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 15th day of October, 1953, and once each week thereafter for 3 consecutive weeks as provided by law. /s/ Frank Kempton

Page 2798

Subscribed and sworn to before me this 10th day of November, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954. Notice of Intention to Apply for Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945, notice is hereby given of intention to apply for local legislation at the session of the General Assembly of Georgia which will convene on Novembr 16, 1953, for the enactment of an amendment of the Act approved January 31, 1946 (Ga. Laws, 1946, p. 299) to provide for the retirement and retirement pay of 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, so as to provide for the retirement and retirement pay of assistants and deputies appointed by the Solicitor-General of the Criminal Court of Fulton County, and for other purposes. Any matter germane to this general subject may be included in said legislation or by amendment thereto. This October 14th, 1953. Hoke Smith, Representative from Fulton County in the General Assembly. Oct 15 22 29 Nov 5-x Approved December 21, 1953.

Page 2799

SAVANNAH PENSION SYSTEM. No. 749 (House Bill No. 992). An Act to amend the charte of The Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof, by providing that The Mayor and Aldermen of the City of Savannah shall have the right to establish a new pension system for employees of the City of Savannah who enter its employ on and after date of the adoption of said system; to provide that certain provisions must be made in said new pension system; 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: That the charter of The Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof be, and they are hereby amended in the following respects: Section 1. That The Mayor and Aldermen of the City of Savannah shall have the right, and are hereby empowered, to establish through appointment or election by said mayor and aldermen a commission or board of trustees, whose duty it shall be to create a new pension system for employees of The Mayor and Aldermen of the City of Savannah. Said board or commission shall have the right to formulate a contract of insurance with any reputable insurance company which is qualified to do business within the State of Georgia and which has an office and place of business in the City of Savannah. It shall be the duty of such commission or board to advertise for proposals from insurance companies for the establishment of said new pension system, to consider such proposals as may be submitted, and to recommend to the said mayor and aldermen the acceptance of such proposal as may be considered by the commission or board to be the most favorable from the standpoint of the City of Savannah and the employees who are to be covered

Page 2800

by said plan. The Mayor and Aldermen of the City of Savannah shall have the right to enter into such contract as is approved by the commission or board and submitted to them, said contract to be in force for such length of time as the mayor and aldermen may deem best beyond the term of office of the present mayor and aldermen, which contract shall contain the following provisions: Board of trustees. Contract of insurance. a. That said new pension system shall apply only to persons who enter the employ of the City of Savannah for the first time on and after the effective date of said contract, and shall not apply to persons who re already in the employ of the City of Savannah at the time of the effective date of said contract, or who have been in the employ of the City of Savannah at any time prior to that date, unless said employees, or any of them, shall elect to come under said new pension system. Provisions. b. That said new pension system shall provide for contributions by said employees not to exceed five percent (5%) of their salaries, and that The Mayor and Aldermen of the City of Savannah shall contribute from general funds the remaining amount necessary to place said plan in operation and to conduct the same on a sound actuarial basis. c. That said new pension system shall provide for pensions for city employees at a maximum of one hundred fifty ($150) dollars per month and a minimum of seventy-five ($75) dollars per month. d. That said new pension plan may provide for the continuance of pensions to dependent members of the immediate families of city employees in the event of the death of such pensioned employees within a specified time after they shall begin to receive their pensions. e. That said new pension system shall make provision for pensions for disability, as well as for length of service, and shall provide a minimum age for employees who

Page 2801

shall be entitled to pensions by reason of length of service. Section 2. The said commission or board which shall be appointed or elected b The Mayor and Aldermen of the City of Savannah shall be composed of six persons, to wit: 1 alderman of the City of Savannah, the Comptroller of the City of Savannah, 1 city employee who is subject to the provisions of the City Civil Service Act and who is also subject to the provisions of the said new pension Act and two citizens of the City of Savannah who are not officially connected with the city government and who have no official connection with any life insurance company. At such time as the city manager shall enter the employ of The Mayor and Aldermen of the City of Savannah he shall become an ex officio member of said commission or board, without the power to vote and shall continue to be such ex officio member during his term of office. Board members. Section 3. The term of the alderman who is a member of said commission or board shall be for three years, except that the term of such alderman shall not extend beyond the term of his office as an alderman of the City of Savannah. The term for which the city employee is elected or appointed shall be three years, except should his employment with the City of Savannah cease during such three year term, his membership on the commission or board shall terminate at the same time. The comptroller shall be a member of said commission or board during the time he is Comptroller of the City of Savannah. One of said two citizens to be elected or appointed shall be elected or appointed for a two year term and the other for a three year term. The successor of the citizen appointed for a two year term shall be appointed for a three year term and all appointments thereafter shall be for three year terms unless the appointment is to fill a vacancy caused by death, resignation, removal from the city or otherwise. Terms. Section 4. In addition to formulating and recommending

Page 2802

the type of contract to be entered into by The Mayor and Aldermen with an insurance company, said commission or board shall likewise supervise the operation of said new pension system and shall have general control thereover. Any and all revisions at any time made in said pension system or in the contract with the insurance company shall be first considered by and shall have the approval of said commission or board. Duties of board. Section 5. Since no appointment of the employee to membership on said commission or board can be made until after said new pension plan goes into effect, and since a city manager cannot serve as a member of said commission or board until such city manager takes office, the remaining four members of said board or commission shall have the power to act in formulating said plan and submitting the same to the Mayor and Aldermen of the City of Savannah for their approval. Section 6. That all laws governing the granting of pensions by the City of Savannah to its employees now in force shall continue in force with respect to all persons who enter the employ of the city of Savannah prior to the effective date of the contract creating such new pension system or who have been in the employ of the City of Savannah prior to said date and thereafter reenter such employ. Existing laws. Section 7. There is attached hereto and made a part of this bill a publisher's affidavit showing that notice of intention to apply for this legislation has been advertised as required by law. Section 8. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed, but it is expressly stated that it is not the intention of this Act to repeal any of the present laws governing pensions paid by the City of Savannah to its employees as they apply to such employees as are specifically exempted from said new pension system.

Page 2803

State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Esther Zittrauer, who on oath deposes and says that she is advertising clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following Legal Notice. Notice is hereby given in accordance with the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia and the Acts of the General Assembly relative thereto, that it is the intention of The Mayor and Aldermen of the City of Savannah to cause to be introduced at the adjourned session of the General Assembly of Georgia, which convenes on Monday, November 16, 1953, a proposed Act, the title of which will read substantially as follows: An Act to amend the charter of The Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof, by providing that The Mayor and Aldermen of the City of Savannah shall have the right to establish a new pension system for all employees of the City of Savannah who are employed on and after the effective date of the Act; to provide that The Mayor and Aldermen of the City of Savannah shall have the right to execute a contract with an insurance company for the purpose of establishing and operating said new pension system; and for other purposes. Edward M. Hester, City Attorney. has been published in said Savannah Evening Press, once

Page 2804

a week for 3 weeks, to wit in the regular issues of Oct. 23-30, Nov. 6-1953. /s/ Esther Zittrauer. Sworn to and subscribed before me this 12th day of November, 1953. /s/ Viola F. Schwaab. Notary Public, Chatham County, Ga. Notarial seal affixed. Approved December 18, 1953. BRUNSWICK JUDICIAL CIRCUITREPORTER'S COMPENSATION. No. 750 (House Bill No. 906). An Act to abolish the fee system existing in the superior courts of the Brunswick Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. The fee system existing in the superior courts of the Brunswick Judicial Circuit as applied to the office of the official court reporter, for attendance and for reporting felony cases, and all fees now or hereafter accruing to the office of official court reporter in said judicial circuit for attendance and for reporting felony cases be, and the same are hereby, abolished in so far as the same constitutes compensation of the said official court reporter; and the official court reporter of said judicial circuit shall hereafter be paid a salary as hereinafter

Page 2805

provided in lieu of fees as under the present system for attendance and for reporting felony cases. Salary in lieu of fees. Section 2. The salary of the official court reporter of said judicial circuit shall be the sum of thirty-six hundred dollars ($3600.00) per annum, which salary shall be paid pro rata out of the general treasury of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing the said circuit upon the basis of population; that is to say, each one of the counties composing the said circuit shall pay such part or proportion of said salary as its population shall bear to the official Federal census of 1950, until completion and promulgation of the next official Federal census, and so on according to each succeeding official census. It shall be, and is hereby made, the duty of the county commissioners, or other authority having control of county matters in said counties, to cause the part or portion of said salary so assessed each of said counties to be paid by said official court reporter monthly in each year out of the funds of said counties, and upon the regular county warrants issued therefor; and it is the further duty of said county commissioners, or other county authorities having control of county matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of thirty-six hundred dollars ($3600.00) shall be in full payment for all services of said official court reporter in reporting felony cases tried in the superior courts of said counties. Amount. Apportionment among counties. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Certificate. State of Georgia, County of Wayne. I, W. B. Rhoden, hereby certify that I am the publisher

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of Jesup Sentinel a newspaper published in the County of Wayne and which is the newspaper in which sheriff's advertisements for said county are published and that there was published in the said newspaper in its issues of October 29th, 1953, November 5th, 1953 and November 12th, 1953 a copy of the following notice of intention to apply for local legislation, to wit: Notice of Local Legislation for the Brunswick Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which re-convenes November 16, 1953, for the passage of a bill of the title of `An Act to abolish the fee system existing in the superior courts of the Brunswick Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases, and for other purposes.' This 6th day of October, 1953. /s/ Joe Thomas County Attorney for Wayne County Witness my hand and seal this 14th day of November, 1953. /s/ W. B. Rhoden Publisher of Jesup Sentinel Certificate. State of Georgia, County of Jeff Davis. I. J. E. Baynard hereby certify that I am the publisher of The Jeff Davis County Ledger a newspaper published in the County of Jeff Davis and which is the newspaper in which sheriff's advertisements for said county are published and that there was published in the said newspaper in its issues of Oct. 15, 1953, October

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22, 1953, October 29th, 1953, and November 5th, 1953 a copy of the following notice of intention to apply for local legislation, to-wit: Notice of Local Legislation for the Brunswick Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which re-convenes November 16, 1953, for the passage of a bill of the title of `An Act to abolish the fee system existing in the superior courts of the Brunswick Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases, and for other purposes.' This 8th day of October, 1953. C. W. Heath County Attorney for Jeff Davis County Witness my hand and seal this 14th day of November, 1953. /s/ J. E. Baynard Publisher of Jeff Davis County Ledger Certificate. State of Georgia, County of Camden. I, Kenneth L. Harrison hereby certify that I am the managing editor of the Camden County Tribune a newspaper published in the County of Camden and which is the newspaper in which sheriff's advertisements for said county are published and that there was published in the said newspaper in its issues of October 23, October 30th, November 6th and November 13th, 1953, a copy of the following notice of intention to apply for local legislation, to wit:

Page 2808

Notice of Local Legislation for the Brunswick Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which re-convenes November 16, 1953, for the passage of a bill of the title `An Act to abolish the fee system existing in the superior courts of the Brunswick Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases, and for other purposes.' This 14th day of October, 1953. /s/ Benjamin R. Martin, Jr. County Attorney for Camden County Witness my hand and seal this 12th day of November, 1953. /s/ Kenneth L. Harrison Managing Editor, Camden County Tribune Certificate. State of Georgia, County of Appling. I, Albert S. Jenkins hereby certify that I am publisher of Baxley News Banner a newspaper published in the County of Appling and which is the newspaper in which sheriff's advertisements for said county are published and that there was published in the said newspaper in its issues of October 29, 1953, November 5, 1953 and November 12, 1953 a copy of the following notice of intention to apply for local legislation, to wit: Notice of Local Legislation for the Brunswick Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which

Page 2809

re-convenes November 16, 1953, for the passage of a bill of the title of `An Act to abolish the fee system existing in the superior courts of the Brunswick Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases, and for other purposes.' This 28 day of October, 1953. M. C. Grainger County Attorney forCounty Witness my hand and seal this 16th day of November, 1953. /s/ Albert S. Jenkins Publisher of Baxley News Banner Georgia, Glynn County. In person before the undersigned attesting officer, personally appeared C. H. Leavy, Jr., who after being duly sworn, deposes, says, and certifies that the News Publishing Company is the publisher of the Brunswick News, and that he is the general manager thereof and the Brunswick News is 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 Brunswick News on the following dates, to wit: November 3, 1953, November 10, 1953; and November 17, 1953. News Publishing Company. By /s/ C. H. Leavy, Jr. C. H. Leavy, Jr., General Manager Sworn to and subscribed before me this the 20th day of November, 1953. /s/ Willa Faith Collins Notary Public, Glynn County, Georgia. Seal affixed.

Page 2810

Notice of Local Legislation for the Brunswick Judicial Circuit. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which re-convenes November 16, 1953, for the passage of a bill of the title of An Act to abolish the fee system existing in the superior courts of the Brunswick Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases, and for other purposes. This 31st day of October, 1953. /s/ Edward B. Liles County Attorney for Glynn County. 11-3, 10, 17, 24 Approved December 18, 1953. BIBB COUNTYCANDIDACY OF OFFICERS AND REPRESENTATIVES. No. 751 (House Bill No. 966). An Act to require all candidates for nomination and/or election to a public office, body or board of the County of Bibb which office, body or board, including representatives to the General Assembly from Bibb County, is composed of more than one member or officer, to qualify for a specific seat, post, position or office: to provide for the manner of designating such seat, post, position or office: to require party officials and election authorities to conduct primaries and elections on the basis which provides for separate contest for each such seat, post, position or office; to provide for the amendment of the Acts creating the County of Bibb so that each such seat, post, position or office shall, for the

Page 2811

purpose of this Act be considered a separate seat, post, position or office; to provide for severability of these provisions; 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. Every person who offers for nomination and/or election to a public office, body, or board of the County of Bibb, which office, body or board, including representatives to the General Assembly from Bibb County, is composed of more than one member or officer, shall designate and qualify with the local party committee in all primaries, and with proper authority in the general election for a specific seat on said public office, body or board, including members of the General Assembly from Bibb County, by designating the seat, position, post or office accordingly as such seats, posts, positions or offices on or in such office, body or board shall have been separately designated by number by the party officials or proper authorities conducting such primary or election, and shall there upon be qualified, if otherwise qualified, to seek nomination for or election to such seat, post, position or office, and none other. The party officials or proper authority conducting primaries or elections shall originally separately designate the said seats, post, positions or offices by number in alphabetical order according to the last name of the then incumbent, a separate number for each incumbent, and such designation shall then be the permanent designation of said post, position, seat or office, the numbers so designated shall not be construed or indicative of seniority, rank or precedent between said posts, positions, seats or offices. In the event nomination and/or election shall be held for a newly created or added seat, post, position or office on such offices, bodies or boards then the candidate shall qualify by specifying such newly created or added seat, post, position or office and shall there upon be qualified, if otherwise qualified, to seek nomination for and/or election to such seat, post, position or office, and none other. Candidacy.

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Section 2. All party officials and/or election authorities when conducting primaries and/or general elections for nomination or election to membership on, to or in the offices, bodies or boards described in Section 1 hereof, shall conduct such primary or election so that candidates will qualify for and run for seats, posts, positions or offices as though such seat, post, position or office was each separate from the other and as separate contests. Section 3. The Acts creating the County of Bibb, as the same may have been amended are for the purposes of this Act, amended so that each seat, post, position or office on or in a public office, body or board of the County of Bibb, which is composed of more than one member or officer and which is filled by election of the people, shall be considered separate and distinct offices. Section 4. If any of the provisions or portions of provisions of this Act should be held unconstitutional or otherwise invalid then the remaining provisions or portions of provisions shall remain in full force and effect as though they were separate and distinct. Section 5. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. 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 a Representative of Bibb County, Georgia and is the author of the within attached bill and that notice of intention to apply for the legislation presented by said bill or resolution, 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 and is the newspaper in which the sheriff's advertisement

Page 2813

for Bibb County are published, on November 6, November 13 and November 20, 1953. /s/ Denmark Groover, Jr. Denmark Groover, Jr. Sworn to and subscribed before me this 25 day of November, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to apply for legislation at the session of the General Assembly beginning November 16, 1953, to provide that in all primaries and elections held for the nomination or election of public officers of Macon and Bibb County to boards or offices having more than one member or officer including members of the General Assembly from this county, that all candidates for nomination or election thereto shall designate the post or position to which he seeks nomination or election; to provide for the manner of designating such post or position; to provide that in order to be nominated or elected such candidate shall receive a majority of the votes cast; to provide for runoffs; and for other purposes. Denmark Groover, Jr. Approved December 18, 1953. TAX ASSESSMENT PROCEDURE IN CERTAIN COUNTIES. No. 752 (Senate Bill No. 235). An Act to provide that the governing authorities in all municipalities, whose laws or ordinances provide for the issuance of building permits, located in counties

Page 2814

of 300,000 or more according to the last or any future decennial United States census, and which has a joint city-county board of tax assessors, shall send within ten days of the date of issue, copies of the building permits issued in their respective municipalities, to said joint city-county board of tax assessors for use in assessing the value of property throughout the county as provided by law; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that in all counties of the population of 300,000 or more by the last or any future United States decennial census, the governing authorities of all municipalities located therein whose laws or ordinances require the issuance of building permits are hereby directed and required to send copies of all building permits of their respective municipalities, within ten days of the date of issue, to the joint city-county board of tax assessors in their county for their use in assessing the value of property throughout the county as provided by law. Copies of building permits to joint board. Section 2. This Act shall become effective January 1, 1954. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved December 18, 1953. CITY COURT OF MILLER COUNTY ABOLISHED. No. 753 (House Bill No. 927). An Act to repeal an Act entitled, An Act to establish a city court in and for the County of Miller, to provide for the election qualification of the judge and solicitor of said court, to define the powers and duties of the judge and solicitor of said court; and for other purposes., approved March 2, 1935 (Ga. Laws 1935, pp.

Page 2815

538-553), as amended by an Act approved February 24, 1941 (Ga. Laws 1941, p. 696); by an Act approved March 3, 1943 (Ga. Laws 1943, p. 778); by an Act approved February 15, 1950 (Ga. Laws 1950, p. 2494); so as to abolish the City Court of Miller County; to provide for a referendum for approval or rejection of this Act; to provide for the disposition of all matters and records of the City Court of Miller County if said referendum is approved; to provide an effective date for 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 entitled, An Act to establish a city court in and for the County of Miller, to provide for the election qualification of the judge and solicitor of said court, to define the powers and duties of the judge and solicitor of said court; and for other purposes., approved March 2, 1935 (Ga. Laws 1935, pp. 538-553), as amended, by an Act approved February 24, 1941 (Ga. Laws 1941, p. 696); by an Act approved March 3, 1943 (Ga. Laws 1943, p. 778); by an Act approved February 15, 1950 (Ga. Laws 1950, p. 2494), is hereby repealed in its entirety. Section 2. At the next regular primary election for the Governor of the State of Georgia, the Ordinary of Miller County shall issue the call for an election for the purpose of submitting this Act to the voters of Miller 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 Miller County. The ballot shall have printed thereon the words: For approval of the Act to abolish the City Court of Miller County. and, Against approval of the Act to abolish the City Court of Miller County. 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.

Page 2816

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 at the end of the present term of the judge and solicitor of said court. If the majority of those persons voting vote against approval of the Act, then it shall be void and of no force and effect. 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. If a majority of those persons voting in Miller County at the next regular primary election for Governor of this State vote for approval of abolishment of this court, this Act shall become effective at the end of the present term of Judge and solicitor of the City Court of Miller County. Effective date. Section 4. If said court is abolished by the above provided election, all matters pending before it shall be transferred to the Superior Court of Miller County, and all records, papers and other property of said court shall be turned over to the Clerk of the Superior Court of Miller County. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Miller County. To Whom It May Concern: Pursuant to the Constitution of the State of Georgia of 1945, Article III, Section VII, Paragraph XV, and all amendments thereto, notice is hereby officially given that at the November session 1953 of the General Assembly of Georgia, I will introduce a bill in the House of Representatives to abolish the City Court of Miller County, at the expiration of the present term of office held by the officers of said court, with a referendum provided for in said bill for the people who are qualified voters in Miller County to vote on the question by majority vote at the time of the next primary

Page 2817

election held in the State of Georgia for the election of a Governor for said State. Respectfully, /s/ P. Z. Geer, Jr. P. Z. Geer, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, P. Z. Geer, Jr., who, on oath, deposes and says that he is Representative from Miller County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of Miller County, on the following dates: September 18, 1953, September 25, 1953, and October 2, 1953. /s/ P. Z. Geer, Jr. Representative, Miller County Sworn to and subscribed before me, this 23rd day of November, 1953. /s/ Floy C. Stephenson Notary Public. Notary Public, Georgia, State at Large. My commission expires October 18, 19. Approved December 18, 1953. FORT VALLEY CHARTER AMENDED. No. 754 (House Bill No. 975). An Act to amend an Act approved August 22, 1907, incorporating the City of Fort Valley, and all Acts amendatory thereto; and to provide for a permanent registration list for the voters of the City of Fort Valley, and to provide for the establishment of a utilities commission for the City of Fort Valley, Georgia, to

Page 2818

have all of the present powers of the present board of water and light commissioners, and to further provide that such powers shall extend to all other public utilities that the City of Fort Valley now operates or may in the future operate. 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 Mayor and Council of the City of Fort Valley shall require the clerk of the city to keep a book to be known as The Permanent Registration Book of the Voters of the City of Fort Valley in which the voters of said town shall sign said book upon an oath containing therein substantially the following: I do solemnly swear that I am 18 years of age; and that I am a citizen of the United States; that I have resided in and had my domicile in the State of Georgia for one year and in the County of Peach for six months and in the City of Fort Valley for six months next preceding the date of this registration, and that I am not a member of the Communist Party, and that I am qualified to vote for the members of the General Assembly of the State of Georgia, and that I have paid all taxes legally imposed and demanded by the authorities of the City of Fort Valley. So help me God. Registrants' oath. Section 2. It shall be the duty of the clerk to open said permanent registration book at least fifty days prior to the next election for the officers for the City of Fort Valley, during such reasonable hours as may be prescribed by the mayor and councilmen to enable the voters of the said city to register therein; provided that no person registering therein shall be required to again register as a qualified voter of said city as long as he may remain a resident of said city and does not disqualify himself by some method prescribed in this Act. The said registration book shall thereafter remain permanently open for registering except that no person shall vote in any election unless they have registered at least 10 (ten) days prior to the date of the election. Registration.

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Section 3. When any general or special election is to be held in the said city, it shall be the duty of the Clerk of the City of Fort Valley, to turn the said book over to the mayor and council who shall appoint a board of three registrars whose duty it shall be to make from said book a list of voters for such election; and in making the list the said registrars shall exclude the names of all persons on the registration list who registered less than ten days prior to the date of the election, as well as those who have died, removed from the city limits, or who have disqualified themselves in any way as legal voters. Provided further, that the registrars shall place on the registration list the name of no person who has any outstanding unpaid taxes due the said city, provided, further that any persons whose name may be left off the registration list for the reason of not having paid the taxes aforesaid, may have said name placed upon the list by paying the said taxes, together with interest and penalty prior to the time of voting. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on the said list shall be allowed to vote in the said election unless he produces a certificate signed by the registrars that his name was omitted by accident or mistake, or that his name was omitted by the reason of unpaid taxes which have been subsequently paid as aforesaid set out. Voters' list. Section 4. Every person who shall have attained the age of 18 years and who is a citizen of the United States, and who shall have resided in the County of Peach for six months, and in the City of Fort Valley for six months next preceding the date of the election, and who shall have otherwise qualified to vote for members of the General Assembly of the State of Georgia, and who have registered with the clerk of the city in the manner prescribed by law, shall be qualified to vote any election held by the city, provided that they have not become disfranchised or disqualified by removal from said city or by reason of conviction in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny,

Page 2820

or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary (unless such person shall have been pardoned), or by reason of having become insane; provided further that the said person shall, have paid all taxes legally imposed by the City of Fort Valley. Qualifications of voters. Section 5. Be it further enacted, that if any person offering to vote at any election in the City of Fort Valley is challenged, he or she, as the case may be shall take the following oath: I do solemnly swear that I am 18 years of age; that I am a citizen of the United States; that I have resided in and had my domicile in the State of Georgia for one year and in the County of Peach for six months, and in the City of Fort Valley for six months next preceding the date of my registration, and that I am not a member of the Communist Party, and that I am qualified to vote for the members of the General Assembly of the State of Georgia, and that I have not voted in this election, and that I have paid all taxes legally imposed by the City of Fort Valley. So help me God. No person challenged shall be allowed to vote if he or she refuses to take said oath. Any person voting illegally in any election in the City of Fort Valley shall be liable to the same penalties prescribed by the laws of the State of Georgia for illegal voting in the State and county elections, and may be prosecuted for the same in any court in Peach County having jurisdiction of the same. Challenges. Illegal voting. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act; Section 6. That there shall be a Utility Commission for the City of Fort Valley to consist of four members to be elected as hereinafter provided with powers and duties hereinafter specified and the Mayor of the City of Fort Valley shall be an ex officio member of the said commission. Utility commission.

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Section 7. Be it further enacted, that any citizen eligible for the office of councilman of said city, shall be eligible for the office of commissioner upon said board; that the duties, powers, restrictions, limitations, and inhibitions of the utility commission, shall be the same with the reference to the City of Fort Valley, as were the duties, powers, restrictions, and inhibitions, of the board of water and sewers of the Town of Fort Valley under the provisions of the Act of the General Assembly approved December 27, 1890, and an Act of the General Assembly approved August 13, 1909, whereby a Board of Water and Light Commissioners for the City of Fort Valley was established in lieu of the board of water and sewers, as well as under the Act approved March 6, 1945, and all other amendatory Acts, except that in addition to the powers, duties, rights, restrictions, limitations, and inhibitions, of said board of water and light commissioners, the said utility commission shall have the same powers, duties, rights, over and concerning, and be subject to all restrictions, limitations, and inhibitions as to all public utilities including sewers, water, lights, electricity natural gas, and any other utility that the said City of Fort Valley may engage in lawfully in any manner whatsoever as heretofore applied to utilities heretofore under the control of said water and light board. Members. Powers, duties. That the present board of water and light commissioners shall serve as the utility commissioners through the expiration of their present terms, and until their successors are elected, and that all members of the utility commission shall be elected for the term of four years from the date of their several elections. 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. Notice of Intention to Apply for Local Legislation. Notice is hereby given that it is the intention of the

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undersigned to appeal to the 1953 General Assembly of Georgia, next, for the passage of a bill: 1. To provide for a permanent registration list for the qualified voters in municipal elections in the City of Fort Valley. 2. To provide for the establishment of a Utilities Commission for the City of Fort Valley, Georgia, to have all of the present powers of the present board of water and light commissioners, and to further provide that such powers shall extend to all other public utilities that the City of Fort Valley now operates or may in the future operate. 3. 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 7th day of October, 1953. /s/ F. B. Little 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 October 8th, 15th, and 22nd, 1953, of the Leader Tribune. /s/ Daniel K. Grahl Daniel K. Grahl

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Sworn to and subscribed before me this 23 day of November, 1953. /s/ S. B. Culpepper III Notary Public. Peach County Georgia. Approved December 18, 1953. MUNICIPAL COURT OF AUGUSTAATTACHMENTS. No. 757 (House Bill No. 1015). An Act to amend an Act 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 exofficio justice of the peace and the office of constable in the City of Augusta; to establish and create in lieu thereof a municipal court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of 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. Acts of 1951, pages 3345-3370, to repeal paragraph Two (2), Part Two (2) of the above entitled Act by striking therefrom the words Provided, however, that all declarations in attachment in said court shall be filed before the

Page 2824

call of the appearance docket at the term of said court to which such attachment is made returnable; and inserting in lieu thereof, the following: Provided, however, that all declarations in attachment in said court shall be filed before the call of the appearance docket on the first day of the term to which said attachment is made returnable. To repeal all conflicting and unnecessary laws; and for other purposes. Be it enacted by the General Assembly of Georgia and by the authority of the same it is hereby enacted as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Paragraph 2 of Part Two of the above entitled Act shall be amended by striking therefrom the words provided, however, that all declarations in attachment in said court shall be filed before the call of the appearance docket at the term of said court to which such attachment is made returnable; and inserting in lieu thereof, the following: Provided, however, that all declarations in attachment in said court shall be filed before the call of the appearance docket on the first day of the term to which said attachment is made returnable. Declarations in attachment. 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. /s/ Sam T. Graham Representative, Richmond County, Ga. /s/ John C. Bell Representative, Richmond County, Ga. /s/ W. W. Holley Representative, Richmond County, Ga.

Page 2825

State of Georgia: Richmond County: Personally appeared before the undersigned, an officer duly authorized to administer oaths, came Sam T. Graham, John C. Bell, and W. W. Holley, 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 Herald, a newspaper of general circulation in Augusta, Richmond County, Georgia, and the legal gazette for sheriff's advertisements on November 13, 20, and Nov. 27, 1953. /s/ Sam T. Graham Representative, Richmond County, Ga. /s/ John C. Bell Representative, Richmond County, Ga. /s/ W. W. Holley Representative, Richmond County, Ga. Sworn to and subscribed before me this 1 day of December, 1953. /s/ Frances Y. Read Notary Public. Affidavit of Publication. Attorney or AgencyJohn C. Bell BusinessAttorney State of Georgia, Richmond County. Personally appeared, Jack E. Webb, who being duly sworn says that he is the auditor of Newspaper Printing Corp., agent for the Augusta Herald a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of Amendment to the Municipal Court Act. duly appeared in said newspaper on the following dates to wit: November-13-20-27-1953. /s/ Jack E. Webb

Page 2826

Sworn to and subscribed before me this 27th. day of November 1953. /s/ Joseph S. Wright Notary Public, Richmond County, Ga. My commission expires June 16, 1956. (Seal) Notice is hereby given, that there will be introduced at the November session of the General Assembly of Georgia, which convenes November 16th, 1953, a bill designed to amend the Act creating the Municipal Court, City of Augusta, and amendments thereto, particularly Georgia Laws, 1951, page 3345 through 3370, which amendment to said Acts will specify that all declarations in attachments in said court shall be filed before the call of the appearance docket on the first day of the term to which said attachment is made returnable. This 12th day of November, 1953. W. W. Holley, Samuel T. Graham, John C. Bell, Representatives of Richmond County, Georgia. n13, 20, 27. Approved December 18, 1953. KENNESAW CHARTER AMENDED. No. 769 (House Bill No. 1016). An Act to amend an Act creating a new charter for the City of Kennesaw, approved February 16, 1950 (Ga. Laws 1950, p. 2506), so as to provide that it shall be in the discretion of the Mayor and Council of the City of Kennesaw as to whether or not a marshal, chief of police, or other policemen shall be employed by said

Page 2827

city; to authorize the mayor and council to fix the compensation of any such persons; 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 Kennesaw, approved February 16, 1950 (Ga. Laws 1950, p. 2506), is hereby amended by striking in its entirety Section 20 and inserting in lieu thereof a new Section 20 to read as follows: Sec. 20, Act of 1950, amended. Section 20. Be it further enacted, that at the first regular meeting of the mayor and council in January, 1954, and annually thereafter, the mayor and council shall elect a town clerk and treasurer, and the treasurer shall give bond with security in the sum of not less than one thousand dollars ($1,000.00) for the faithful performance of his duties. They shall elect a city attorney and such other officers as the mayor and council may by ordinance prescribe. The mayor and council, in their discretion, may elect a marshal who may be designated as chief of police, and may, in their discretion, employ policemen as they deem it necessary. All bonds of all officers shall be made payable to the City of Kennesaw. The mayor and council 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 council to fix the salaries or compensation of the mayor and council and all other officers, agents and employees of said city which, when once fixed, shall not be increased during the term of office of the said mayor, council or other officers. Provided, however, the salary of the mayor of said city shall not exceed the sum of one hundred dollars ($100.00) per year; the salary of the members of council shall not exceed the sum of fifty dollars ($50.00) per year; the salary of the clerk and treasurer shall not exceed the sum of two hundred dollars ($200.00) per year; but the salary of the marshal or chief of police and all policemen shall be set by the

Page 2828

mayor and council and may be changed at any time in their discretion. All expenditures of the mayor and council for city purposes shall be paid out of city funds by an order drawn by the city clerk after the mayor and council shall have allowed same. Officers and employees. 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 charter of the City of Kennesaw (Ga. Laws 1950, p. 2506 et seq.) especially Section 20 thereof, by providing that it shall be in the discretion of the Mayor and Council of the City of Kennesaw as to whether or not a marshal, chief of police or other policemen shall from time to time be employed by said city, and that the pay and compensation of the marshal, chief of police or other policemen, if so employed, shall likewise be fixed from time to time in the discretion of the Mayor and Council of the City of Kennesaw; to otherwise amend the charter of said city, was published in the Cobb County Times in its editions of November 12, November 19, and November 26, 1953: T-766 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the session of the General Assembly of the State of Georgia convening on November 16, 1953, a bill to amend the charter of the City of Kennesaw (Ga. Laws, 1950, p. 2506, et seq.) especially Section 20 thereof, by providing that it shall be in the discretion of the Mayor and Council of the City of Kennesaw as to whether or not a marshal, chief of police or other policemen shall

Page 2829

from time to time be employed by said city, and that the pay and compensation of the marshal, chief of police or other policemen, if so employed, shall likewise be fixed from time to time in the discretion of the mayor and council of the City of Kennesaw; to otherwise amend the charter of said City; and for other purposes. Harold S. Willingham, Representative, Cobb County 11: 12-19-26 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 28th day of November, 1953. /s/ Brooks P. Smith Brooks P. Smith Publisher, Cobb County Times Subscribed to and sworn to before me, a Notary Public, this 28th day of November, 1953. /s/ Thelma D. Meyers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. Notarial seal affixed. Approved December 18, 1953. SAVANNAHCLOSING OF PORTION OF ST. JULIAN STREET AUTHORIZED. No. 772 (Senate Bill No. 197). An Act to amend the charter of The Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof by authorizing The Mayor and Aldermen of the City of Savannah to close and sell for certain designated purposes that portion of St.

Page 2830

Julian Street in the City of Savannah between the west line of Habersham Street and the east line of Lincoln Street to the owners of real property abutting said portion 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 that The Mayor and Aldermen of the City of Savannah is hereby authorized to close and sell that portion of St. Julian Street in the City of Savannah between the west line of Habersham Street and the east line of Lincoln Street to the owners of the real property abutting said portion of St. Julian Street at such price as shall be determined through a re-appraisal of the aforementioned portion of St. Julian Street by the Savannah Real Estate Board. In making the re-appraisal, the said board shall be required to consider the use the purchaser or purchasers of said street intend to make of same, and such board shall also be required to determine and give full consideration in arriving at its appraisal to the several amounts paid, or which is anticipated will be paid, for the property abutting the aforementioned portion of St. Julian Street on its north and south. Description. Conveyance. Be it further enacted, that the initial use which shall be made of the aforementioned portion of St. Julian Street shall be for the erection of a modern multi-story public parking garage, and that such conveyance as is made by The Mayor and Aldermen of the City of Savannah to the purchaser or purchasers of that portion of St. Julian Street between Lincoln and Habersham Streets shall contain a provision that the initial use of the aforementioned portion of St. Julian Street shall be for the erection of a modern multi-story public parking garage. Condition precedent. Be it further enacted, that the conveyance herein authorized shall not be made unless and until satisfactory proof is submitted in writing to the said mayor and aldermen that the purchaser or purchasers of said street are ready, willing and able to proceed with the construction of said modern multi-story public parking garage on the premises bounded by Bryan Street on the north,

Page 2831

Hambersham Street on the east, Congress Street on the south, and Lincoln Street on the west. Be it further enacted that all laws or parts of laws in conflict with the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved December 18, 1953. MACON WATER COMMISSIONERSPENSION PLAN. No. 774 (House Bill No. 1024). An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Board of Water Commissioners, an instrumentality of the City of Macon, Georgia, created by Act of the Georgia legislature; to define the words, terms and phrases used in this Act; to fix a scale of contributions to be made by persons covered by such pension and retirement plan and those to be made by the board of water commissioners; to provide for eligibility for membership in such plan and eligibility to receive the benefits of such plan; to provide for eligibility for membership in such plan and eligibility to receive the benefits of such plan; to provide for benefits to members of such plan and the manner and condition of payment of such benefits; to provide for refunding contributions to certain employees and officers; to provide for the enactment of rules and regulations by the Board of Water Commissioners of the City of Macon for the administration of such plan, including the control and investment of funds accumulated under such plan; to provide for conclusive determination of questions arising under such plan; to provide for the deduction from wages and salaries of employees and officers for their contribution to the plan; to provide funds for the financing of that portion of the plan assumed by the board of water commissioners; and for other purposes.

Page 2832

Be it enacted by the General Assembly of Georgia, and it is so enacted by authority of the same, as follows: Section 1. As of the effective date of this Act, hereinafter specified, a pension and retirement plan for certain eligible employees and officers of the Board of Water Commissioners of Macon, Georgia, is hereby constituted, to be known as The Board of Water Commissioners Pension Plan. Section 2. Definitions. As used in this Act, the following words, terms and phrases shall have the meaning hereby ascribed unless a different meaning is clearly required by the immediate context in which said word, term or phrase is used: (a) Board, Board of Water Commissioners and The Board of Water Commissioners of the City of Macon shall mean the instrumentality of the City of Macon heretofore created by the Georgia legislature (Ga. Laws 1914, p. 1014), its successors and assigns. (b) The masculine shall include the feminine. (c) Service and years of service shall mean the period in the employ of the board and while a member of this plan, plus accumulated past service credit, acquired and retained as provided in Subsection (d) of Section 2 of this Act. A year of service shall not be the calendar year, but shall be a service period of twelve months, except that in computing fractional years of service six or more service months shall be considered a year of service. No period during which benefits are received under this plan, or were received under the plan provided by the Act of 1943, page 1432, or the Act of 1951, page 2567, shall be considered service or years of service. Definitions. (d) Accumulated past service credit shall mean years of employment by the board prior to the effective date of this Act, whether continuous or not.

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(e) Final average monthly earnings shall mean the total compensation received by the claimant from the board during the last five years of service with the board, divided by sixty; provided, however, that in the event of prolonged illness or other justifying cause, to be judged solely by the board, the board may compute final average monthly earnings of the affected claimant by using the three years most productive of compensation from the board and to the claimant and divide such total by thirty-six. Section 3. Member eligibility. All employees and officers of the board, upon the effective date of this Act and thereafter, are eligible for inclusion in the pension and retirement plan established hereby, except the following persons, who are expressly excluded: 1. Elective members of the board of water commissioners itself and the attorney at law for the board. 2. All casual or temporary employees and contractors and their employees whose work with the board is casual, temporary or by the job or contract. 3. All officers and employees whose employment with the board is part-time and the majority of whose income is not derived from employment by the board. (And the board is vested with full authority to solely and exclusively judge and determine the application of this coverage exception.) 4. Any employee or officer whose age, upon the effective date of this Act, or thereafter upon employment, re-employment, qualification or requalification as an employee or officer is forty (40) or more, provided that this exception shall not apply to employees and officers who were on November 1, 1953, members in good standing of the pension plan then existing, as provided by Georgia Laws 1951, page 2567, and continue as such members of such plan until the effective date of repeal of the Act providing such plan. Member eligibility.

Page 2834

5. Employees and officers who are members of the pension plan established and provided by Georgia Laws 1943, page 1432, as amended by Georgia Laws 1951, page 2567, who do not execute a release of rights thereunder and consent to the transfer to this plan of contributions made to the pension plan established and provided by said Georgia Laws of 1943 and 1951. 6. Any employee or officer hereafter employed, appointed or elected who shall be unable to furnish to the board a certificate of good health, signed by a reputable practicing physician, resident of Bibb County; such physician to be designated by the board and payment for such service by the physician to be made from the pension fund of this plan. 7. All eligible persons employed by the board at the effective date of this Act who signify within a period of ten (10) days from the enactment and approval of this Act their intention and desire not to come under this plan. This intention must be expressed in writing and presented in person to the secretary and treasurer of the board. Those who fail to so signify shall automatically be under this plan. Section 4. Contributions. (a) Employee contributions. Each member of the pension plan herein created shall make contributions to the pension fund of such plan as follows: 1. Two (2) percent of the first $3,600, or the total fractional part thereof received as salary, wage or compensation from the board, and four (4) percent of such salary, wage or compensation received which is in excess of $3,600 per year; 2. The amount of the required contributions to be paid by each member of the plan shall be deducted and withheld by the proper authority of the board from the salary, wage or compensation to be paid to such member. All eligible employees or officers employed or taking office after the effective date of this Act, and any

Page 2835

employee or officer actively engaged in the service of the board upon the effective date of this Act, and who does not elect as provided in Subsection 7 of Section 3 hereof to be excluded from this Act and plan, are conclusively held to have consented to such deduction, the plan provided herein being compulsory as to eligible officers and employees employed or taking office after the effective date of this Act and optional as to eligible employees and officers on the effective date of this Act. Employee contributions. (b) Employer contributions. The board of water commissioners shall contribute to the pension fund from its general funds such annual amounts as are necessary to equal employee contributions and may contribute from its general funds such amounts as to maintain at all times the fund and plan on a sound financial basis, but shall contribute from its general funds such amount as may be necessary to augment the fund at any time to meet benefits payable therefrom. Employer contributions. The sums necessary to discharge the administration of this plan and the sums provided for in the paragraph immediately above shall be paid from the general funds of the board and shall be treated as a maintenance expense. The board or its successors is authorized, in its discretion, to consult and employ, at its expense, from its general funds, from time to time, actuaries to compute such periodic payments as may be necessary in order to maintain and assure the continuing solvency of said pension and retirement plan. Section 5. Pension fund. Custodian. Investment of pension fund. The contributions of members of the plan and the board together with any funds that may be transferred from the prior pension plan established by Georgia Laws 1943, page 1432, as amended by Georgia Laws 1951, page 2567, as well as the income and return from investments hereinafter authorized, shall constitute the pension fund for this plan, and shall be held in trust

Page 2836

for payments pursuant to this plan, and all payments becoming due under the pension and retirement plan established hereby shall be solely payable therefrom. Pension fund. All such funds shall be initially paid over to the treasurer of the board and, until changed by the board, the treasurer of the board shall be the custodian of the pension fund; and while the same is in his possession the bond of the treasurer shall be liable for the safekeeping thereof. Custodian. The board is authorized, in its discretion, and from time to time, to appoint, subject to revocation at any time and subject to such guard for safekeeping as the board may prescribe, one or more national banks having places of business in Bibb County, Georgia, and maintaining an active trust department, as custodian of said fund, in whole or in part, and for purposes of disbursement pursuant to this Act and the order of the board and/ or for purposes of investment of such fund, and agree to the fee or charge for such services of such custodian or custodians; the purpose or purposes for which the custodian or custodians is or are appointed to be stated in writing by the board at the time of appointment, which statement shall be recorded on the official minutes of said board and a copy thereof delivered to the custodian or custodians. The board or a designated member of the board shall have authority and discretion, to be exercised at any time and from time to time, to invest all or any part of the fund as follows: Investment. (a) As provided by the then effective laws of Georgia for investments by trustees or investments by guardians without court order or proceedings; (b) As provided by the then effective laws of Georgia for investments by trustees or by guardians with court order and after the board has first obtained such court order;

Page 2837

(c) Without court order and without authority or permission of any kind, other than herein given, in stocks, bonds and securities then approved as investments of common trust funds by an active trust department of any national bank having a place of business in Bibb County, Georgia. The board may at any time, and from time to time, delegate, subject to immediate revocation, the aforesaid powers of investment to the then custodian of the fund, or any portion of the fund; but no investment by the custodian other than as provided by the then effective laws of the State of Georgia for investments by trustees or guardians without court order shall be made except upon written approval, of each specific investment, by the board or by the member of the board designated for the purpose of supervising such investments. Fees or other charges made by the custodian and/or investment custodian with the approval of the board shall be payable from the pension fund. Section 6. Benefits. Accumulated past service credits. Qualification for benefits. (a) Benefits. (1) Upon reaching sixty-five (65) years of age a member of the plan shall be entitled to retirement and shall receive monthly retirement benefits in an amount equal to two-thirds (2/3) of one (1) percent of the first three hundred dollars ($300.00) of final average monthly earnings, plus one and one-third (1 1/3) percent of final average monthly earnings in excess of three hundred dollars ($300.00), times the number of years of service. Benefits. (2) A member who is permanently and totally disabled after five continuous years of service, and who is unable to efficiently perform the particular duties required by his job, shall be entitled to a monthly disability retirement allowance equal to one and one-third (1 1/3) percent of his final average monthly earnings times his number of years of service; such amount in no event to be less than three dollars ($3.00) per month for each

Page 2838

year of continuous service. Such allowance shall be paid as calculated and in full until the member reaches the age of sixty-five (65) years, but shall then be reduced by fifty (50) percent of the primary Federal social security benefit to which the member is then entitled. (3) A member who is permanently and totally disabled from accidental, violent and external causes suffered in line of duty and in performance of duty shall be entitled to a monthly disability retirement allowance equal to two-thirds (2/3) of his final average monthly earnings. Such allowance shall be paid as calculated and in full until the member reaches the age of sixty-five (65) years, but shall at that time be reduced by the full amount of the primary Federal social security benefit to which the member is then entitled. (4) The surviving spouse, or if no surviving spouse, the legatees or surviving heirs at law of a member dying prior to retirement, shall receive a death benefit equal to the full amount the member has paid into the pension fund, such full amount to include all sums paid by such member into the pension plan herein provided and the pension plan provided by Georgia Laws 1943, page 1432, as amended by Georgia Laws 1951, page 2567, plus two (2) percent interest on each year's contributions to the fund by such member, compounded annually; such interest to be calculated on contributions for the year immediately following the year such contributions are made. (5) The surviving spouse, or if no surviving spouse, the legatees or surviving heirs at law of a member killed by accidential, violent and external causes sustained in line of duty and active performance of duty, shall receive a death benefit as set out in Subsection (4) immediately above, plus one hundred dollars ($100.00) for each year of service, up to a maximum of five hundred dollars ($500.00). (6) In the event a pensioned member dies before receiving

Page 2839

pension benefits in an amount equal to the death benefit provided in Subsection (4) hereof (the amount of compound interest to be calculated to date of retirement only for this subsection), the difference shall be paid to the surviving spouse, or if no surviving spouse, to the legatees or surviving heirs at law of the deceased pensioned member. (7) In the event a member terminates his service, or his service is terminated for any reason other than death or cause for which he receives benefit payments elsewhere under this pension plan, he shall be entitled to a severance benefit equal to his total contributions to the pension fund, as calculated and set forth in Subsection (4) above, but without any interest thereon at all. (8) In the event a member terminates his service, or his service is terminated for any reason other than death or cause for which he receives benefit payments elsewhere under this pension plan, he shall, if he has thirty (30) years of service in the employ of the board, have the right and privilege of leaving the aforesaid contributions described in Item 7 of Subsection (a) of this Section 6, in the pension fund and thereby be vested with rights in the pension plan benefits set forth in Items 1, 2, 4 and 6 of Subsection (a) of this Section 6, subject to the conditions thereof, without further contribution to the pension fund, and without being subject to deprivation of payment as otherwise provided in Item 4 of Subsection (b) of this Section 6. (9) Any employee or officer shall be subject to compulsory retirement in the discretion of the board upon attaining the age of seventy (70) years; provided, however, that present employees who, at the time of the passage of this Act, are seventy (70) years or more of age, shall not be compulsorily retired as provided herein without the approval of the head of the department in which he or she works. Such employee or officer shall be entitled to receive one of the aforesaid benefits for which he qualifies upon any such compulsory retirement.

Page 2840

(10) Upon reaching sixty (60) years of age and prior to attaining sixty-five (65) years of age, any member who has twenty-five (25) or more years of service as defined in Section 2 (c) of this Act, may retire, at his option, and shall receive benefits actuarily equivalent to what his benefits would be under this Act if he were sixty-five (65) years of age on the date of such optional retirement. (b) Qualifications for Benefits. (1) Permanent and total disability shall be determined upon the report of two reputable practicing physicians, resident of Bibb County, Georgia, and after physical examination of the claimant; one of said physicians shall be selected by the board, one by the claimant, and in case of disagreement of the two physicians so selected, a third physician with like qualifications shall be selected by the two first named physicians; or, upon their failing to agree upon a selection, by the board. The decision of a majority of the physicians so selected shall govern and be determinative. Qualifications for benefits. In the event it is determined by the method aforesaid that said claimant is permanently and totally disabled and he is placed upon the pension list, the member so pensioned shall, at the instance and direction of the board, be subject to periodic physical re-examinations in the same manner as provided herein for the original physical examination; and if then found able to actively perform the duties or services that he was performing at the time his disability was sustained, the board may order that he return to active service with the board and that his pension payments be discontinued during the period of such active employment. In the event the member so ordered by the board to return to active employment with the board fails or refuses to do so within thirty (30) days of written notice so to do, the right of the member to disability payments shall be conclusively and for all time terminated. In the event such member shall return to active employment with the board as ordered by the board, he shall resume payment of contributions

Page 2841

then required by the pension plan, and shall likewise be entitled to further service credit during the time he remains in the active service of the board. Such member shall not be entitled to other retirement benefits of the plan save by relinquishment of any and all rights to any disability benefits. (2) No pension payments for total and permanent disability shall be paid under this plan if it be found that the claimant's disability was caused by the claimant's wilful misconduct or self-inflicted injury, or grows out of claimant's attempt unlawfully to injure another, or commission or attempt at commission of a felony under the laws of this State or of the United States. (3) No payments for total or permanent disability from external causes suffered in line of duty and in performance of duty shall be paid for the period for which the claimant receives payment, or for the period computed in a lump sum payment, under the Workmen's Compensation Laws of Georgia, and as the same may be amended. (4) No person shall draw at the same time more than one benefit under this plan. No pension under this plan shall be paid to any person so long as such person is being paid unemployment compensation or other pension or retirement benefits under any pension or retirement plan which is supported in whole or in part by contributions by the board or the City of Macon or by taxation of any kind or character levied by any State, any political subdivision thereof, the United States or any agency thereof, excepting only such benefits as may be payable under the Federal Social Security Act and such disability compensation, death benefits or retirement pay arising out of and incident to service in the armed forces of the United States. (5) Pension retirement or disability payments shall not be made to any member while receiving any remuneration as an officer or employee from the board, the

Page 2842

City of Macon or any agency or instrumentality of the City of Macon or County of Bibb. (6) All questions arising concerning this plan or incident thereto, for the solution of which specific provision is not herein made, shall be conclusively resolved in the manner provided in Section 7 hereof. Section 7. Rules and regulations. Board committee. Pension committee. The board shall have full power and authority to pass all reasonable rules and regulations, not inconsistent with the provisions of this Act, and shall administer the terms of this Act, the pension plan provided hereby, and such rules and regulations as it may prescribe, through and by means of a committee of three (3) of its members whose decisions upon any such question concerning the Act, the plan or such rules and regulations shall be final unless appeal therefrom is made as hereinafter provided. Rules and regulations. Within thirty (30) days after the effective date of this Act, official and employee members of the pension plan shall call, hold an election, elect and certify to the board three (3) member persons who shall serve in an advisory capacity to the board committee described above and shall, together with board committee, compose the pension board. Any person aggrieved by action of the board committee, shall have the right of appeal by giving written notice within ten (10) days of the action complained of to the pension board above described. In the event of equal division of opinion in the pension board to whom the appeal is addressed, the Mayor of the City of Macon shall be consulted and shall cast the deciding vote. The decision of the board committee, without appeal, or the decision of the pension board, upon appeal, shall be final, conclusive and determinative of the question

Page 2843

or questions involved and of the rights of the party or parties affected. Section 8. Payment of benefits and exemption of funds and benefits. All benefit payments save those described in Items (4), (5), (6) and (7) of Subsection (a) of Section 6, shall be paid monthly. Payments. No benefit payment or portion of the pension fund contributed by member employees or officers shall be subject to assignment, garnishment, attachment or other proceedings of any kind or character by any person, firm or corporation whomsoever, save by and at the instance of the board of water commissioners, and then only for money lawfully owing to it by any particular member, and then only to the extent of such member's benefit payments and contributions to the pension fund. Exemptions. Section 9. If this Act or any portion of it, or the application of said Act or any portion of it to any person or circumstance, shall be declared invalid, the remainder of this Act and the application of such invalid portion to other persons and circumstances shall remain unaffected. This Act shall become effective upon its passage and approval. Section 10. 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, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for

Page 2844

for the legislation presented 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on November 12, November 18, and November 23rd, 1953. /s/ John B. Harris, Jr. /s/ Andrew W. McKenna /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this the 1 day of December, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Seal affixed. Georgia, Bibb County. To the Public and all Concerned: Notice is hereby given that the City of Macon, a municipal corporation of said State and county, and the Board of Water Commissioners of the City of Macon intend to apply to the General Assembly of the State of Georgia which convenes on November 16, 1953, for the passage and adoption of an Act to provide for a pension and retirement plan for the employees and officers of the Board of Water Commissioners of the City of Macon; to provide for contribitions to be made to the plan by both employees and the water board; to provide for the financing of the administration and payment of benefits from general funds of the board of water commissioners; and for all other purposes relating to a pension and retirement plan for said employees and officers as is needful, necessary and proper. This notice is given in pursuance of and in conformity with Paragraph 15, Section 7 Article III, Constitution of

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the State of Georgia of 1945, codified as Section 2-1915 of the 1933 Code of Georgia Annotated. This 11th day of November, 1953. City of Macon, Georgia, Board of Water Commissioners of the City of Macon. By Miller, Miller Miller. Their Attorneys for this Purpose. Approved December 30, 1953. ATLANTA CHARTER AMENDED. No. 776 (Senate Bill No. 215). 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 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 mayor shall be a bona fide resident of

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the City of Atlanta, an American citizen, and a qualified elector under the laws of the State. No person shall be elected mayor unless he has been such for a period of four years prior to his election. Mayor's qualifications. Section 3. The president of the board of aldermen shall be competent to serve on any committee of the aldermanic board to which he may be appointed by the mayor, but shall have no vote. President of board of aldermen. Section 4. The members of the board of aldermen shall be paid a compensation of $3,000.00 annually, to be divided into monthly or semi-monthly installments. Compensation of aldermen. Section 5. The mayor and board of Aldermen are authorized to continue the employment of W. T. Pierce in the fire department until age 70, provided he is assigned to duties other than those directly connected with fire fighting. Continued employment of fireman. Section 6. The salary of the chief plumbing inspector in the department of plumbing shall be $6,000.00 annually, to be divided into monthly or semi-monthly installments. This compensation shall be subject to uniform increases or decreases by the mayor and board of aldermen. Salary of chief plumbing inspector. Section 7. The mayor and board of aldermen shall fix and pay minimum compensation, to be paid monthly or semi-monthly, to the following officers in the police department: Superintendents, $6,000.00 annually, and captains, $5,160.00 annually. Police department salaries. Section 8. The salaries provided for in the foregoing two sections shall become effective January 1, 1954 and the mayor and board of aldermen are authorized to increase or decrease said salaries at any time after April 1, 1954. Section 9. That the corporate limits of the City of Atlanta are hereby enlarged and extended so as to include

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and embrace within the corporate limits of the City of Atlanta all the following described property: Limits extended. Beginning at a point on the westerly right-of-way of the south leg of the Expressway twenty-three hundred and fifty (2,350) feet, more or less, south of the north line of Land Lot 66 of the 14th District of Fulton County, said point being where the corporate limits of the City of Atlanta and the City of Hapeville intersect on the westerly right-of-way of the south leg of the Expressway, running thence southerly along the westerly right-of-way of the south leg of the Expressway and continuing southerly along the westerly right-of-way of the ramp leading into the Macon Highway and a projection thereof to the corporate limits of the City of Atlanta north of the Central of Georgia Railway; thence southeasterly, northeasterly, and northwesterly along the corporate limits of the City of Atlanta to the point of beginning. Description. Section 10. Said described territory shall become a part of the City of Atlanta effective January 1, 1954. Section 11. All the 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 corporate limits above described. It shall likewise become a part of the independent school system of the City of Atlanta. Section 12. Be it further enacted 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 December 21, 1953.

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TEMPLETAX RATE. No. 777 (House Bill No. 701). An Act to amend the Act approved November 23, 1901, creating and adopting a new charter for the Town of Temple, and all Acts amendatory thereof, so as to provide: that the Mayor and Council of the Town of Temple be permitted to levy a tax on the property within the city limits for ad valorem purposes not to exceed twenty-four (24) mills, 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 that from and after the passage of this Act, the charter granting corporate authority of the Town of Temple, Georgia, heretofore granted, is amended, revised and changed as hereinafter provided and set forth. Section 1. That the Mayor and Council of the Town of Temple shall be and are hereby authorized to levy a tax on the property within the city limits of the Town of Temple at a rate not to exceed twenty-four (24) mills on the assessed value of the city property within the city limits of the Town of Temple. Tax rate. Section 2. Be it further enacted that the Mayor and Council of the Town of Temple, are authorized to fix any rate within their judgment and discretion as is necessary to operate the Town of Temple on the assessed value of the taxable property at a rate not to exceed twenty-four (24) mills or two dollars and forty cents ($2.40) per hundred. Section 3. Notice of intention of the Town of Temple to apply for this local legislation was published three times in the Times-Free Press in three separate calendar weeks during a period of sixty days next proceeding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new constitution of this State.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Carroll. Before me, the undersigned, a notary public, this day personally came Jewell R. Dean, who first being duly sworn, according to law, says that he is editor and publisher of the Times-Free Press, the official organ in which the sheriff's advertisements in and for said county were published for the year 1953, and that the publication, of which the annexed is a true copy, was published in said paper three times in three separate calendar weeks during a period of sixty days next preceding the introduction of this bill in the legislature, as required by the new Constitution of this State, to wit: on the 22nd. day of October 1953; on the 29th. day of October 1953; and on the 3rd day of November 1953. 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: Oct. 22, 1953 Oct. 29, 1953 Nov. 3, 1953 /s/ Jewell R. Dean Publisher.

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Subscribed and sworn to before me this the 9th day of Nov., 1953. /s/ Sarah Irene Dean Notary Public. My commission expires Feb. 22, 1955. Notarial seal affixed. Notice to Apply for Local Legislation, a Bill Amending the Charter of the Town of Temple, Carroll County, Georgia. Caption. To amend the Act approved November 23, 1901, creating and adopting a new charter for the Town of Temple, and all Acts amendatory thereof, so as to provide: that the Mayor and Council of the Town of Temple be permitted to levy a tax on the property within the city limits for ad valorem purposes not to exceed twenty-four (24) mills and for other purposes. C. A. Truitt, Sr. Mayor, Town of Temple L. F. West, Clerk Boykin Boykin, Attorneys. Oct. 22/3c Approved December 22, 1953. BIBB COUNTYROADS IN SUBDIVIDED AREAS. No. 778 (House Bill No. 979). An Act to authorize the County Board of Commissioners for the County of Bibb to prescribe, administer and enforce rules, regulations, conditions and standards for the planning, construction, drainage, surfacing and maintenance of roads, including bridges, and culverts, and alteration to, work or installation upon or under,

Page 2851

or excavations in or under the same in subdivided properties in Bibb County; to require contract commitments and guaranties, including security and surety therefor, for compliance with such rules, regulations, conditions and standards; to provide for commitments and inspection services for and in behalf of Bibb County; to provide for construction or reconstruction not in compliance and charging the cost of same against the violator to be collected by suit or in the manner as ad valorem taxes are collected; to provide for prosecution and for punishment of violators; to provide that this Act is limited to apply only outside of incorporated municipalities; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is so enacted by the authority of the same as follows: Section 1. The County Board of Commissioners for the County of Bibb are hereby authorized to prescribe, administer and enforce reasonable rules, regulations, conditions and standards for the planning, construction, drainage, surfacing and maintenance of roads, including bridges and culverts, within subdivided properties in Bibb County and in the discretion of said board to require or not to require, in the name of Bibb County, contract commitments and guaranties, including cash deposit or surety company bond, for compliance with such rules, regulations, conditions and standards, provided, however, that the rules, regulations, conditions and standards prescribed shall not exceed, in stringency or severity, the Georgia State Highway Department Standard Specifications of Roads and Bridges, then in current use and for the type of work approved for such subdivision. The aforesaid board of commissioners are empowered to make and, upon request, shall make pre-commitments, for and in behalf of Bibb County, for the acceptance of such works, as public works for future public maintenance, when and if in compliance with such rules, regulations, conditions and standards. When any such pre-commitment is made, inspection service of the work to which

Page 2852

the request relates shall be provided by and at the expense of Bibb County to assist in compliance with such rules, regulations, conditions and standards. Rules, standards, etc. Section 2. The County Board of Commissioners for the County of Bibb are likewise empowered, and to the same measure and extent as aforesaid with respect to the works above described in Section 1, to provide rules, regulations, standards and conditions for alteration to, work or installations upon, over or under excavations in or under the aforesaid works, including alterations, work, installations or excavations by or at the instance of utility companies or any other person, firm or corporation, provided, that the rules, regulations, conditions and standards shall not exceed in stringency or severity those required with respect to public roads of Bibb County. Alterations in roads, etc. Section 3. In the event any person, firm or corporation to whom such rules, regulations and standards are applicable, fails or refuses to comply therewith, the County Board of Commissioners for the County of Bibb are hereby authorized in the name of Bibb County, and in behalf of such person, firm or corporation so failing or refusing to comply, to cause the work or works affected to be constructed or re-constructed so as to comply with such rules, regulations, conditions and standards, utilizing county forces for such work or contracting the work to others. The cost of the construction or re-construction incident to non-compliance shall be charged against the violator, constitute a lien against all the property of the violator of every kind and character and wherever situate, and may be collected in the name of Bibb County either by suit or in the same manner as ad valorem taxes owing to Bibb County are collected. Failure to comply. Section 4. Any violator of such rules, regulations or standards shall be prosecuted in the City Court of Macon and, upon conviction, punished as for a misdemeanor under the laws of the State of Georgia pertaining to that court. Violations. Section 5. If this law, any portion thereof, or its application

Page 2853

to any person or in any circumstances shall be declared invalid the remainder of said Act and the application to other persons or in other circumstances shall remain unaffected. Section 6. This Act is limited to apply only outside of incorporated municipalities. Section 7. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say That they, and each of them, are Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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, and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953. /s/ John B. Harris, Jr. /s/ Andrew W. McKenna /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this the 26 day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal)

Page 2854

Public Notice. Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows: (1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, p. 1371, and as amended) preserving, however, the vested rights of employees in such pension laws; (2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal social security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits; (3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith; (4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a non-resident of Bibb County to authorize payment, in the discretion of the county commissioners, of expense actually incurred by such person in so presiding; (5) An Act to regulate or to authorize the governing authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning

Page 2855

such matters and to provide means and methods for enforcement and for punishment of violators; (6) A constitutional amendment to authorize the General Assembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions. (7) A constitutional amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators; (8) A constitutional amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them. Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb. Approved December 22, 1953. FOREST PARK CHARTER AMENDED. No. 779 (House Bill No. 1031). An Act to provide for the holding of a referendum in the City of Forest Park, Georgia, to determine whether

Page 2856

said city shall retain its present form of government, or whether a full-time mayor shall be elected, or whether a city manager shall be employed by the mayor and council; to provide for the manner of holding said election, to provide for the appointment of a city manager if the qualified voters approve of this form of government in said referendum; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Within six months after the approval of this Act the persons having the responsibility of conducting and managing elections in the City of Forest Park shall call a special election for the purpose of submitting to the qualified voters of said city the question as to whether the City of Forest Park shall continue under its present form of government, or whether the mayor's office shall be made a full-time job, or whether a city manager shall be appointed by the mayor and council. The date of said election shall be set for a date within sixty days after the call of said election. 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 Forest Park. The ballot shall have printed thereon the words 1. For retaining the present form of government of the City of Forest Park. 2. For making the office of mayor a full-time job. 3. For adopting a city manager form of government and authorizing the mayor and council to appoint a city manager. Full-time mayor, or city manager. Referendum. The voters shall specify their preference by placing an X makr to the left of the paragraph expressing their choice, and the plan receiving a majority of the votes cast shall go into effect at the expiration of the present mayor's term of office which is to expire in 1955. If in said election neither plan receives a majority of the votes cast at such election, another election shall be called within 30 days at which time there shall be submitted to the qualified voters the question of which of

Page 2857

the two plans receiving the highest number of votes in the previous election shall be adopted. The expense of such election shall be borne by the City of Forest Park. It shall be the duty of the persons having the responsibility of conducting and managing elections in said city to canvass the returns and certify the results thereof. It shall be his further duty to certify the results to the Secretary of State. Section 2. In the event that the voters adopt the city manager form of government, it shall be the duty of the mayor and council to appoint a city manager to serve at their pleasure. Said city manager shall receive such compensation and perform such duties as may be provided by the mayor and council. City manager. Section 3. In the event the voters adopt the plan requiring the mayor's office to be a full-time job, then in that event the mayor elected in 1955 shall devote his full time to the performance of the duties as Mayor of Forest Park. Said mayor shall continue to exercise the powers and responsibilities conferred upon him by the existing charter of Forest Park, provided, however, the mayor and council shall provide additional compensation in an amount to be determined by them at their discretion. Mayor. Section 4. 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, E. Alvin Foster, who, on oath, deposes and says that he is Representative of Clayton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton County News and Farmer which is the official organ of Forest Park on the following dates: Oct. 29; Nov. 5; and Nov. 12. /s/ Foster and Kemp of Clayton Representative, Clayton County

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Sworn to and subscribed before me, this 2 day of December, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal affixed) Notice of Legislation. An Act to amend an Act to create the City of Forest Park to provide for dividing the city into wards. To provide for a mayor and aldermen for said city to define their term and manner of election and compensation. To define said limits of said city and for other purposes. Ed. Kemp, E. A. Foster, Representatives. Approved December 22, 1953. WEST POINT CORPORATE LIMITS. No. 780 (House Bill No. 929). 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; 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),

Page 2859

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. Limits. Also: Fractional Land Lots 316-317-318, a portion of 277-275 and 286, the whole of 283-284-285 and 276 all in the 5th Land District, Troup County, Georgia, lying on the east side of the Chattahoochee River. Also: Fractional Land Lot 319, a portion of Fractional Land Lot 320 and 281; a portion of Land Lot 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 tower 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. 282 for a corner; thence north along the east margin of Land Lots 282 and 283 to a point located in the center of East Eighth Street for a corner; thence east parallel with the Land Lot line for 2130 feet, more or less, to the center line of the Georgia Power Company high tension line for a corner; thence north parallel with the Land Lot line 1675 feet, more or less, to the north margin of State Highway No. 18 (known as the Chipley Highway) for a corner, said corner also being on the original city limit line; thence in a northeasterly direction along the north margin of State Highway

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No. 18 and the original city limit line 1000 feet, more or less, to the intersection of the east margin of Land Lot 276 for a corner; thence north along the east margin of Land Lot 276 to the northeast corner; thence west along the north margin of Land Lot 276 to the southeast margin of the A. W. P. Railroad right-of-way for a corner; thence north parallel with the north and south land lot line 1485 feet, more or less, to center of Land Lot No. 275 for a corner; thence west parallel with the east and west land lot line 1485 feet, more or less, to an iron pin located on the west margin of U. S. Highway No. 29 for a corner; thence in a northeasterly direction along the west margin of U. S. Highway-No. 29, 1760 feet, more or less, to the south margin of what is known as the Garland Road for a corner; thence east along the south margin of said road and parallel with the east and west land lot line 1935 feet, more or less, to the north and south one-half land lot line of Land Lot 286; thence south parallel with the north and south land lot line for 250 feet, more or less, to the north margin of Land Lot 285 for a corner; thence west along the north margin of Land Lots 285 and Fractional Land Lot 316 to the east bank 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 of 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 registered to vote for State House officers six months prior to the date set by the Ordinary of Troup County for this referendum election, for said voters' approval or rejection. The date of the election shall be set and held not

Page 2861

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 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 the 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 Feb., 1954. 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.

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Georgia, Troup County. I, William A. Coker, do hereby certify that I am general manager of the LaGrange Daily News, the newspaper in which sheriff's advertisements appear for said Troup County, and the attached copy of Notice of Intention to Introduce Local Legislation was published in said newspaper on the following dates: Oct. 30, 1953, Nov. 6, 1953, Nov. 13, 1953. /s/ Wm. A. Coker Sworn to and subscribed before me this 21 day of Nov. 1953. /s/ Eleanor H. Orr Notary Public. Notarial seal affixed. Legal 5739 Oct. 30, Nov. 6, 13 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, adjourned session, 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 277-275 and 286, the whole of 283-284-285 and 276 all in the 5th Land District, Troup County, Georgia, lying on the east side of the Chattahoochee River. Also: Fractional Land Lot 319, a portion of Fractional

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Land Lot 320 and 281, a portion of Land Lot 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 tower 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. 282 for a corner; thence north along the east margin of Land Lots 282 and 283 to a point located in the center of East Eighth Street for a corner; thence east parallel with the land lot line for 2130 feet, more or less, to the center line of the Georgia Power Company high tension line for a corner; thence north parallel with the land lot line 1675 feet, more or less, to the north margin of State Highway No. 18 (known as the Chipley Highway) for a corner, said corner also being on the original city limit line; thence in a northeasterly direction along the north margin of State Highway No. 18 and the original city limit line 1000 feet, more or less, to the intersection of the east margin of Land Lot 276 for a corner; thence north along the east margin of Land Lot 276 to the northeast corner; thence west along the north margin of Land Lot 276 to the south-east margin of the A. W. P. Railroad right-of-way for a corner; thence north parallel with the north and south land lot line 1485 feet, more or less, to center of land lot No. 275 for a corner; thence west parallel with the east and west land lot line 1485 feet, more or less, to an iron pin located on the west margin of U. S. Highway No. 29 for a corner; thence in a northeasterly direction along the west margin of U. S. Highway 29, 1760 feet, more or less to the south margin of what is known as the Garland Road for a corner; thence east along the south margin of said road and parallel with the east and west land lot line 1935 feet, more or less, to the north and south one-half land lot line of Land Lot 286; thence south parallel with the north and south land lot line for 250 feet, more or less to the north margin of Land Lot 285

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for a corner; thence west along the north margin of Land Lots 285 and fractional Land Lot 316 to the east bank of the Chattahoochee River for a corner; thence in a southerly direction along the east bank of said river to the beginning point. So that the following additional areas will be included in the corporate limits of said city: Area No. 1 known as the Woodland Heights Sudivision more fully described as follows, to wit: Begin at a point where the center line of East 8th Street intersects the north and south land lot line between Land Lots 277 and 283 in the 5th Land District, Troup County, Georgia, for a corner and starting point of the area to be described; thence measure in an easterly direction parallel with the land lot line 2130 feet, more or less, to the center of the Georgia Power Company's high tension tower lines for a corner; thence north parallel with the north and south land lot line 1675 feet, more or less, to the northwest margin of State Highway No. 18, also known as the Chipley Highway, and which is also the existing city limit line; thence in a southwesterly and westerly direction along said Highway No. 18 which is also the present city limit line, until same intersects the west margin of Land Lot No. 277 for a corner; thence south along said land lot line 730 feet, more or less, to the starting point. Area No. 2 known as the Roper Heights and the Goodman Subdivisions, more fully described as follows, to wit: Begin at the present corner of the city limit line, said corner being located on the southeast margin of the A. W. P. Railroad right-of-way and on the east and west land lot line between Land Lots 275 and 276 in the 5th Land District, Troup County, Georgia, for a starting point of the area to be described; thence follow the present city limit line in a southwesterly direction along the A. W. P. Railroad right-of-way until same intersects the north and south land lot line between Land Lots 276 and 284; thence still along the present city limit line, which is also the land lot line between Land Lots 276-284-275 and 285 until same intersects the east and west one-half

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land lot line for a corner; thence east along said one-half land lot line 1300 feet for a corner; thence south parallel with the north and south land lot line to the starting point, the above described area is located in the northwest corner of land lot No. 276 and the southwest corner of Land Lot 275 in the 5th Land District, Troup County, Georgia. Area No. 3 known as the Neal Addition to the City of West Point more fully described as being the northeast of Land Lot No. 285 and a strip off the southeast of Land Lot 286 being approximately 230 feet wide and extending from the one-half land lot line west to U. S. Highway No. 29. Said strip bounded on the north by what is known as the Garland Road; also a triangular shaped parcel in the S. W. of Land Lot 274 and the N. W. of Land Lot 275 bounded on the North by the Garland Road; on the east by U. S. Highway No. 29 and on the West by the North and South Land lot line. This the 29 day of October, 1953. F. G. Birdsong. M. E. Groover. Georgia, Muscogee County. I, Johnston C. Woodell, 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: Nov. 5, 12, 19, 1953. /s/ Johnston C. Woodell. Sworn to and subscribed before me this 20th day of November, 1953. N. L. Barker, J. P. Notary Public. Notarial seal affixed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1953 Ses-Georgia, adjourned session, 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 277-275 and 286, the whole of 283-284-285 and 276 all in the 5th Land District, Troup County, Georgia, lying on the east side of the Chattahoochee River. Also: Fractional Land Lot 319, a portion of Fractional Land Lot 320 and 281; a portion of Land Lot 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 tower 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. 282 for a corner; thence north along the east margin of Land Lots 282 and 283 to a point located in the center of East Eighth Street for a corner; thence east parallel with the land lot line for 2130 feet, more or less, to the center line of the Georgia Power Company high tension line for a corner; thence north parallel with the land lot line 1675 feet, more or less, to the north margin of State Highway No. 18 (known as the Chipley Highway) for a corner, said corner also being on the original city limit line; thence in a northeasterly direction along the north margin of State Highway

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No. 18 and the original city limit line 1000 feet, more or less, to the intersection of the east margin of Land Lot 276 for a corner; thence north along the east margin of Land Lot 276 to the northeast corner; thence west along the north margin of Land Lot 276 to the southeast margin of the A. W. P. Railroad right-of-way for a corner; thence north parallel with the north and south land lot line 1485 feet, (more or less, to center of Land Lot No. 275 for a corner thence west parallel with the east and west land lot line 1485 feet, more or less, to an iron pin located on the west margin of U. S. Highway No. 29 for a corner; thence in a northeasterly direction along the west margin of U. S. Highway No. 29, 1760 feet, more or less, to the south margin of what is known as the Garland Road for a corner; thence east along the south margin of said road and parallel with the east and west land lot line 1935 feet, more or less, to the north and south one-half land lot line of Land Lot 286; thence south parallel with the north and south land lot line for 250 feet, more or less, to the north margin of Land Lot 285 for a corner; thence west along the north margin of Land Lots 285 and Fractional Land Lot 316 to the east bank of the Chattahoochee River for a corner; thence in a southerly direction along the East bank of said river to the beginning point. so that the following additional areas will be included in the corporate limits of said City: Area No. 1 known as the Woodland Heights Subdivision more fully described as follows, to wit: Begin at a point where the center line of East 8th Street intersects the north and south land lot line between Land Lots 277 and 283 in the 5th Land District, Troup County, Georgia, for a corner and starting point of the area to be described; thence measure in an easterly direction parallel with the land lot line 2130 feet, more or less, to the center of the Georgia Power Company's high tension tower lines for a corner; thence north parallel with the north and south land lot line 1675 feet, more or less, to the northwest margin of State Highway No. 18, also known as the Chipley Highway, and which is also the existing city limit line; thence in a southwesterly and westerly direction

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along said Highway No. 18 which is also the present city limit line, until same intersects the west margin of Land Lot No. 277 for a corner; thence south along said Land Lot Line 730 feet, more or less, to the starting point. Area No. 2 known as the Roper Heights and the Goodman Subdivisions, more fully described as follows, to wit: Begin at the present corner of the city limit line, said corner being located on the southeast margin of the A. W. P. Railroad right-of-way and on the east and west land lot line between Land Lots 275 and 276 in the 5th Land District, Troup County, Georgia, for a starting point of the area to be described; thence follow the present city limit line in a southwesterly direction along the A. W. P. Railroad right-of-way until same intersects the north and south land lot between Land Lots 276 and 284; thence still along the present city limit line, which is also the land lot line between land lots 276-284-275 and 285 until same intersects the east and west one-half land lot line for a corner, thence east along said one-half land lot line 1300 feet for a corner; thence south parallel with the north and south land lot line to the starting point, the above described area is located in the northwest corner of land lot No. 276 and the southwest corner of Land Lot 275 in the 5th Land District, Troup County, Georgia. Area No. 3 known as the Neal Addition to the City of West Point more fully described as being the northeast of Land Lot No. 285 and a strip off the southeast of Land Lot No. 286 being approximately 230 feet wide and extending from the one-half land lot line West to U. S. Highway No. 29. Said strip bounded on the north by what is known as the Garland Road; also a triangular shaped parcel in the S. W. of Land Lot 274 and the N. W. of Land Lot 275 bounded on the north by the Garland Road; on the east by U. S. Highway No. 29 and on the west by the north and south land lot line.

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This the 30th day of October, 1953. City of West Point, M. M. Morenan, Mgr. 11-5, 12, 19 Approved December 22, 1953. CITY COURT OF WAYCROSSCLERK'S COMPENSATION. No. 781 (House Bill No. 735). An Act to amend an Act, establishing City Court of Waycross, Georgia, approved August 22, 1907 (Ga. Laws 1907, pp. 244-245), so as to provide for compensation of the Clerk of the City Court of Waycross, Georgia, in criminal cases for attending non-jury weekly recess terms and jury terms; to provide for compensation in civil cases; and to provide for payment of salary and compensation due clerk in criminal cases in said court and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that Section 4 of the Act of 1907, Georgia Laws 1907, pages 244-245 be, and the said Section 4 is, hereby repealed in its entirety, and enact a new Section 4. Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that from and after the passage of this act, the salary of the Clerk of the City Court of Waycross shall be $500.00 per annum, and $10.00 per day for attending weekly non-jury recess terms of the City Court of Waycross, Georgia, but not to exceed two (2) days out of each week for non-jury recess terms, and $10.00 per day for each day a jury is in attendance, for his services in all criminal cases in said court, which shall be paid

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monthly out of the treasury of said county and out of the general funds and in addition to said salary and compensation for services to be rendered by said clerk, shall receive all fees accruing and allowed to him in civil cases in said court. Compensation. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the Act be, and the same are, hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned Clerk of Superior Court of Ware County, Georgia, will apply to the 1953 regular session of the General Assembly of Georgia for the passage of a local act to amend the Act of the City Court of Waycross, Georgia so as to provide that the Clerk of the City Court of Waycross, Georgia shall receive compensation for attending non-jury recess sessions of the City Court of Waycross and for each day a jury is in attendance the same as the clerk superior court. This November 30, 1953. /s/ Erin W. Johnson. Georgia, Ware County. Before the undersigned officer, personally appeared Jack Williams Sr. editor and publisher 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 September the 19th, September the 26th and October the 3rd, 1953; 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/ Jack Williams Editor and Publisher, Waycross Journal Herald.

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Sworn to and subscribed before me this 30th day of November 1953. /s/ Louise Breen, Notary Public. Notarial seal affixed. Approved December 22, 1953. ROME CORPORATE LIMITS EXTENDED. No. 784 (House Bill No. 1005). An Act to amend the Act approved August 19, 1918 (Ga. Laws 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome, as amended, by enlarging the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That the Act approved August 19, 1918 (Ga. Laws 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome and defining the corporate limits thereof, as amended by the Act approved August 8, 1925 (Georgia Laws 1925, pp. 1405-1430), by the Act approved August 8, 1929 (Ga. Laws 1929, pp. 1254-1276), by the Act approved March 23, 1933 (Ga. Laws 1933, pp. 1046-1050), by the Act approved March 23, 1937 (Ga. Laws 1939, pp. 1272-1275), by the Act approved February 19, 1945 (Ga. Laws 1945, pp. 683-687) by the Act approved February 25, 1949 (Ga. Laws 1949, p. 2073 et seq.) all of said Acts relating to the boundaries and corporate and city limits of the City of Rome be and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Rome so as to include and annex the following described property, which

Page 2872

is now adjacent to the present city limits and boundaries of the City of Rome, and in the County of Floyd, State of Georgia, to wit: Tract Number One. Starting at a point of city limits 200 ft. east of Dean St. and 102 ft. north of East 17th St. running due east to northeast corner of Lots 6 7 Block F of City Land Co.'s Dean St. Addition #1 known as the Potts property thence running due south bordering east side of Potts property approximately 460 ft. to intersection of line of East 18th St. thence running west along East 18th St. to present city limits, thence northerly along present city limits line to the point of beginning. Said addition to the City of Rome shall be a part of the ward of the City of Rome which it adjoins. Nov. 13, 20, 27, 1953. Description. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective upon its passage and the approval of the Governor, but the children residing in the territories thus annexed to the city limits and not presently attending the City Schools of Rome, shall not be entitled to attend the city schools of Rome until the beginning of the September term, 1954. In all other respects the citizens of the area thus annexed shall be entitled to all of the rights and benefits and accommodations afforded by the city in the same and as full a manner as those now enjoyed by the citizens of Rome. Section 3. This area and territory this added and annexed to the city limits and territory thus added and annexed to the city limits and boundaries of the City of Rome shall become a part of the particular ward heretofore indicated, and upon the effective date of this Act the qualified residents thereof may register and vote in the same manner and under the same conditions as other citizens of the City of Rome, in any and all city elections thereafter held, so long as such residents remain qualified under the law, and ordinances of said city.

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Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Section 5. The affidavit and notice hereto attached is made a part of this bill, and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came J. Battle Hall, who, on oaths, says that he is a member of the General Assembly from Floyd County, Georgia, 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 the 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. /s/ J. Battle Hall. Sworn to and subscribed before me this 30th day of November, 1953. /s/ Janette Hirsch Notary Public, Fulton County, Ga. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Seal affixed. Notice of Proposed Local Legislation, 1953 Adjourned Session, General Assembly of Georgia. Notice is hereby given that at the 1953 adjourned session of the General Assembly of Georgia, local legislation will be proposed amending the Rome city charter for the purpose of extending the present city limits of the City of Rome.

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A bill will be introduced at said session of the General Assembly amending the city charter of the City of Rome, Georgia, providing an extention of the city limits of Rome, Georgia, to include the following described areas, to wit: Starting at a point of city limits 200 feet east of Dean Street and running due east to northeast corner of lots 6 and 7 of City Land Co.'s Dean street Addition No. 1 known as the Potts property, thence running due south bordering east side of Potts property approximately 460 feet to intersection of line of East 18th Street, thence running west along East 18th to present city limits. Nov. 13, 20, 27. Notice of Proposed Local Legislation, 1953 Adjourned Session, General Assembly of Georgia. Notice is hereby given that at the 1953 adjourned session of the General Assembly of Georgia, local legislation will be proposed amending the Rome city charter for the purpose of extending the present city limits of the City of Rome. A bill will be introduced at said session of the General Assembly amending the city charter of the City of Rome, Georgia, providing an extension of the city limits of Rome, Georgia, to include the following described areas, to wit: Starting at a point of city limits 200 feet east of Dean Street and running due east to northeast corner of lots 6 and 7 City Land Co.'s Dean Street Addition No. 1 known as the Potts property, thence running due south bordering east side of Potts property approximately 460 feet to intersection of line of East 18th Street, thence running west along East 18th to present city limits. Nov 13, 20, 27. Approved December 22, 1953.

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CAMILLAWATER, LIGHT AND GAS COMMISSION. No. 786 (House Bill No. 714). An Act to amend Paragraph (31) of Section 21 of an Act entitled An Act to create a new charter for the City of Camilla, and for other purposes., approved August 19, 1907 (Ga. Laws 1907, pp. 505, 513), and several Acts amendatory thereof, more particularly Section 1 of an Act approved August 11, 1913 (Ga. Laws 1913, p. 633), and an Act approved August 14, 1915 (Ga. Laws 1915, p. 525), so as to provide for the creation of a Water, Light and Gas Commission for the City of Camilla; to provide for the manner of selection of said water, light and gas commissioners; to prescribe their duties and powers; to authorize the installation of a gas distribution system for the City of Camilla; to provide that said City of Camilla may furnish water, light and gas services outside the city limits of Camilla; to provide veto powers in the mayor and council; to provide for effective date of said Act; 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 Camilla, and for other purposes., approved August 19, 1907 (Ga. Laws 1907, pp. 505, 513), and the several Acts amendatory thereof, more particularly Section 1 of an Act approved August 11, 1913 (Ga. Laws 1913, p. 633), and by an Act approved August 14, 1915 (Ga. Laws 1915, p. 525), is hereby amended by striking said Paragraph (31) of said section and substituting in lieu thereof the following: (a) There is hereby created a water, light and gas commission, to consist of three upright, intelligent citizens of sound business discretion of the City of Camilla, whose duties and powers it shall be to take charge of,

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operate, and maintain the present system of water and lights in the City of Camilla, and to operate and maintain any water, light and gas distribution system that may hereafter exist in the City of Camilla. Said three commissioners shall be appointed by the mayor and council for a term of two, four and six years, and every two years after the first election by the mayor and council, the new members shall be elected for a term of six years. Said commission shall also be composed of the mayor and one councilman, the latter to be elected by the mayor and council every two years. The members of said commission shall receive as compensation for services rendered, the sum of $25.00 per month, each, and shall be reimbursed for all legitimate expenses incurred in transacting the business of said water, light and gas commission. Commission. Members. (b) Said water, light, and gas commission shall take complete charge of the water and light systems now in existence and such water, light, and gas systems as may hereinafter exist in the City of Camilla, and said commission shall hire and discharge all employees in said system, including the superintendent thereof, and fix their compensation, without any advice from the mayor and council. Said commission shall also have the authority to make all purchases of material and supplies for said systems, but all other contracts shall be subject to approval by the mayor and council. Powers and duties. Said commission shall have full power and authority to build, construct, lay, maintain, and operate water and gas mains and electric transmission lines outside of and beyond the corporate limits of the City of Camilla for the purpose of furnishing water, gas and electrical energy to persons living outside its corporate limits; provided, that no such water mains, gas mains or electric transmission lines may be extended beyond the territorial limits of the County of Mitchell, and shall not be laid or constructed unless adequate funds are in the hands of said commission for the payment of the entire cost thereof, unless the number of customers to be served

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shall be sufficient to justify the cost thereof and furnish sufficient revenue to provide an adequate return upon the investment involved. Said City of Camilla shall have full power and authority to acquire, own and hold all easements and rights of way and other property necessary or required in the laying or construction of such mains and lines, and shall have the right of condemnation where necessary, provided, however, that no acquisition or condemnation shall result in the taking of the primary business of any public utility. Said commission shall have full power and authority to fix and prescribe the rates to be charged for such services outside of the corporate limits of said city and to alter, change, amend, increase or decrease said rates from time to time as they in their discretion may determine, and may charge a higher rate than is charged for similar services rendered within the corporate limits of said city. Such rates shall at all times be sufficient to provide for maintenance, repair and depreciation of such mains and transmission lines, and, in addition thereto, provide a reasonable return on the investment involved, and in no event shall be less than the rates charged for similar services rendered within the corporate limits of said city. In the construction, operation and maintenance of any such lines outside of the corporate limits of said city, the said commission shall have and exercise all of the rights, powers and authority vested in it for the regulation, control and operation of similar facilities within the corporate limits of said city. Services, outside city limits. (c) It shall be the duty of said water, light, and gas commission to make monthly itemized reports to the mayor and city council, showing the receipts and disbursements, on account of the water, light, and gas systems of said city; filing with said city council, or their clerks, all original of bills and all receipts which shall be filed with the clerk of the city council by the first day of each and every month, to remain on file for a period of ten days thereafter, and it shall be the duty of the members of the said commission to appear before the mayor and council whenever called upon for the purpose of being examined with reference to any matter affecting the water, light and gas commission, and their actings

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and doings. It is hereby made their duty to expend for the operation, maintenance and extension of such systems all of the funds in their hands for said purposes before calling on the mayor and council. The said mayor and council are given the power and authority to have an independent investigation made of all the actings and doings of said water, light and gas commission and their employees at the expense of the City of Camilla, and they are hereby authorized to have the machinery and workings of said plants independently investigated by competent authority and recommend to said water, light and gas commission any change made therein which, in their judgment would be to the best interest of the city, the expense of making which shall be borne by the water, light and gas commission, if said commission, upon such recommendation, makes such changes. All vacancies occurring in the office of such commission shall be filled by a majority vote of the Mayor and Council of the City of Camilla. Said water, light, and gas commission shall be required to give good and sufficient bonds, as may be required by the mayor and council, payable to the City of Camilla, for the forthcoming of all funds and records entrusted to them, and for their actings and doing as said commissioners, said bonds to be assessed by the city council. Investigations. (d) A majority of said commission shall constitute a quorum for the transaction of business, and all contracts and engagements, acts and doings of said water, light and gas commission, within the scope of their authority, shall be obligatory upon, and be in the law considered as if done by the board of city commissioners. Quorum. Contracts. Said water, light, and gas commission shall biennially, on Tuesday after the second Monday in January, elect one superintendent of waterworks, gas and electric lights, whose term of office shall be for one year, and until his successor is elected and qualified, but he shall be subject to removal with or without cause or notice at the pleasure of said commission. He may be required to make stated reports to both the city council and the

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water, light, and gas commission, and his compensation shall be fixed by the water, light, and gas commission. In addition said water, light, and gas commission shall have the power to employ such number of persons as may from time to time be found needful in the management and operation of said electric light, gas and waterworks plants, but no such employment shall be for a longer period than one year, and such employees shall be subject to removal with or without cause or notice at the pleasure of said commission; the compensation of all such employees to be fixed by the water, light, and gas commission. Superintendent. Employees. Said water, light, and gas commission shall have power to establish a scale of water, gas and electric light rates, make and enforce rules for the collection of same, adopt rules and regulations respecting the introduction of water, gas and electricity into or upon any premises, and from time to time to regulate the use of water, gas and electricity in such manner as shall seem to them necessary and proper; and shall have the further power to furnish at cost, place and compel the use of meters, and prescribe the kind, and make the use of same a condition precedent to furnishing premises with water, gas or electricity and to prescribe how and where such meters, shall be placed; and the members of said water, light and gas commission, the superintendent and all inspectors in their service, are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water, gas or electricity is taken or used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surface pipes, stopcocks and other apparatus connected with said waterworks, electric light and gas works, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor; and if any person refuses to permit such examination or opposes or obstructs such officers in the performance of such duties, such persons so offending shall, upon conviction, be fined not exceeding fifty dollars ($50.00), or imprisoned not exceeding

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fifty (50) days, either or both, or by fine with an alternative of such imprisonment. In addition the water, light, and gas commission may shut off the supply of water, current or gas until the required examinatiion is made, and such alternations and repairs are completed as necessary. And said water, light, and gas commission shall have the right and power to adopt rules providing that, when water, gas or electric light meters show signs of having been tampered with for the purpose of avoiding or reducing the payment of rates, the consumer or the property owner shall be held responsible on account thereof, and that until the payment on a basis of a fair estimate of the length of time that said meter or meters have been tampered with and the amount of gas, current or water used during such period, the supply of gas, water or electricity shall be cut off from the premises until such demand is paid, provided no notice and opportunity to be heard is given the property owner of the intention of the water, light, and gas commission to so cut off said water, gas and electricity. Rules and regulations. Said water, light, and gas commission shall regulate the distribution of said water, gas and electricity in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and they shall erect such number of public hydrants and stock founts and in such places as they shall see fit, and elect in what manner and for what purpose the same shall be used, for all of which they may charge at their discretion; provided that all hydrants, conduits and appliances required and furnished for the extinguishment of fires shall be erected and placed as the city council may direct and be under their exclusive control and direction. Said water, light, and gas commission shall have full power and authority to require the payment in advance for the use or rent of water, gas or electricity furnished by them in or upon any builidng, place or premises, where the payment in advance is not required, for non-payment they may shut off the water, gas or electricity

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from such building, place or premises; and shall not be compelled to again supply said premises or places with gas or electricity or water until the arrears with interest thereon, shall be fully paid. In addition to all other methods authorized for the enforcement of the payment of water, gas or electric light or power rents or charges, execution therefor may be issued against the person, firm or corporation actually using or consuming the same, which execution shall be signed by the superintendent of water, gas and electric lights and bear teste in the name of the chairman, shall be directed to the marshal or chief of police and be in the form of and enforced as executions for city taxes, with the right in the defendant to contest by illegality, and such charges or rents shall constitute and be a lien upon all of the property of the defendant from the time they become due and such liens shall rank with respect to all other liens next to the city's liens for taxes, and notice and such lien is charged to all persons dealing with said defendant, and said lien shall not be divested by any sale of the defendant's property. And said water, light, and gas commission shall have the power at their option to keep on hand and furnish to consumers at not exceeding cost, gas stoves, gas heaters or other devices of like kind or not, used in connection with gas, as said water, light, and gas commission may deem proper. Enforcement of payments. Executions. Devices. Said water, light, and gas commission shall make no contract for the price of using water, gas, or electricity for a longer time than one year. All complaints regarding inequalities in the rates shall be heard by said water, light, and gas commission and their decision shall be final and conclusive. Contracts. The water, light, and gas commission may require bond, with good and sufficient security, in a sum to be fixed by them, of the superintendent, and any or all of the employees appointed by said water, light, and gas commission, said bond or bonds conditioned for the faithful performance of their duties and the prompt delivery of all money belonging to said city, coming into their

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hands, during their continuance in office, and said bond, or bonds, to be made payable to the City of Camilla. (e) The said water, light, and gas commission shall have the right, power and authority to establish, operate and maintain a system for the distribution of gas, either natural, manufactured or liquefied petroleum, for domestic, commercial and industrial use and to establish, maintain and operate distribution systems, either through mains and pipes or by means of tanks served by trucks, for the sale and distribution of such gas and shall have the same rights, powers and authority in the installation, maintenance, extension and operation of any such system for the sale and distribution of gas as are conferred upon said commission for the construction, maintenance and operation of the water, light and sewerage systems of said city. Gas distribution. (f) Subject to the conditions, limitations and restrictions hereinafter set out, and after having made the payments to the general fund in the treasury of the City of Camilla and providing for maintenance and repair of and extensions and improvements to the facilities under its supervision and control as hereinafter provided, the water, light, and gas commission of the City of Camilla shall have and is hereby given full power and authority to set aside and hold in a separate fund not more than ten (10) percent of the net profits then remaining in its hands and derived from the operation of the public utilities which may now or hereafter be operated under the supervision, control and administration of said commission, such portion of said net profits to be set aside and held for the purpose of providing funds for future use in the making of permanent improvements and additions to, and in providing new and additional facilities, utilities and services of a permanent nature, and in repairing, altering, improving, enlarging and making additions to any and all facilities or utilities which may now or hereafter be operated under the supervision, control or administration of said commission. Before any such funds are set aside and held for future use, the water, light and

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gas commission shall first pay to the Treasurer of the City of Camilla, to be placed in the general funds of said city, subject to use by the mayor and council thereof, a sum equal to not less than ten percent (10%) of the gross annual income derived from the operations of the water, light, gas and other facilities, public works or utilities under the management and control of said commission, shall have also provided from such gross income the funds necessary for the operation and maintenance of and repairs to such facilities or utilities and shall have also expended or provided for the expenditure of such proportion of such gross income therefrom not exceeding twelve percent (12%) of such gross income, for the purpose of providing for extensions or additions to and improvements of the existing facilities or utilities under its supervision, control and administration. After having made the payments and provided for the operation, maintenance, repairs, extensions and improvements as aforesaid, the said water, light, and gas commission, in its discretion and by resolution duly passed, shall have and is hereby given the right, power and authority to set aside and hold in a separate fund, for the purpose of making improvements and additions to the facilities and utilities under its supervision, control and administration or for the purpose of adding new and additional facilities, utilities and services, such proportion of the net profits then remaining in its hands and derived from the operation of such facilities or utilities as it may deem necessary and proper, but in no event to exceed one half of such net profits, the remaining one half of such net profits to be paid to the treasurer of said city for use in its general funds. Said water, light, and gas commission shall have the right to set aside such portion of its net profits as aforesaid in any year and from year to year and to accumulate and hold the same in a separate fund for future use as herein set out; provided, however, that such funds so set aside and held shall at no time exceed the sum of two hundred fifty thousand dollars ($250,-000.00). The right to set aside such funds for future use shall be at the discretion of said commission and may be exercised in any year or years. The funds so set aside

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for future use in making permanent improvements shall be held by said water, light, and gas commission separate and apart from its other funds and shall be invested in the same manner as the sinking fund of said city is invested. Said water, light, and gas commission shall have the right, in its discretion and by resolution duly passed by it, to appropriate and use all or any part of such funds for the purpose of making improvements, extensions and additions to the facilities or utilities under its control and in establishing, constructing or installing new or additional facilities as they in their judgment may determine; provided, however, that any action of said commission may be vetoed by a two thirds vote of the mayor and council. Improvement fund. Section 2. Be it further enacted that the provisions of this Act shall not become effective or operative until and unless the provisions hereof have been approved in writing, by a proper resolution adopted by a majority vote of the Mayor and Council of the City of Camilla. Section 3. 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 November 16th, 1953, a bill affecting the City of Camilla, the caption of which is as follows: A Bill to be entitled an Act to amend Paragraph (31) of Section 21 of An Act entitled `An Act to create a new charter for the City of Camilla, and for other purposes,' approved August 19, 1907 (Ga. Laws 1907, pp. 505, 513) and the several Acts amendatory thereof, more particularly Section 1 of an Act approved August 11, 1913 (Ga. Laws 1913, p. 133), and an Act approved August 14, 1915 (Ga. Laws 1915, p. 525) so as to provide for the creation of a water, light, and gas commission for the City of Camilla; to provide for the manner of selection of said water, light and gas commissioners; to prescribe their duties and powers; to authorize the installation of a gas

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distribution system for the City of Camilla; to provide that said City of Camilla may furnish water, light and gas services outside the city limits of Camilla; to repeal conflicting laws; and for other purposes. This the 19th day of October, 1953. Frank S. Twitty, Representative, Mitchell County Oct. 23-30-Nov. 6. 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 a 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 October 23rd and 30th, and November 6th, 1953. /s/ B. T. Burson Sworn to and subscribed before me this the 13th day of November, 1953. /s/ Hazel Bullard Notary Public, Georgia State at Large. My commission expires Feb. 1, 1954. (Seal) Approved December 22, 1953. ATLANTADISABILITY PENSIONS. No. 787 (House Bill No. 742). 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 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. All former city employees, who were retired on a pension by the mayor and general council, under the charter as amended prior to the establishment of pension funds under general laws applicable to the city by population, because of disability by reason of personal injury received in the line of employment and in the legal discharge of their duty, which rendered them unable to perform service, shall, beginning on the first of the month following the approval of this amendment, during the continuance of such disability, receive a pension of one hundred ($100.00) dollars per month payable monthly. Such pension shall be continued to the widow of such disabled employee, provided she was the lawful wife of the pensioner while he was employed by the city. Disability pensions. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned,

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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. Pursuant to the provisions of Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945, notice is hereby given of intention to apply for local legislation at the session of the General Assembly of Georgia, which will convene on November 16, 1953, for the enactment of an amendment to the Act approved February 28, 1874, establishing a new charter for the City of Atlanta and the several Acts amendatory thereof, to repeal conflicting laws and for other purposes. Any matter germane to this general subject may be included in said legislation or by amendment thereto. This 16th day of October, 1953. G. Everett Millican, Senator 52nd District. Hoke Smith, Muggsy Smith, and Hamilton Lokey, Representatives from Fulton County. Oct. 21, 28 Nov. 4, 11 This 16 day of Nov., 1953. /s/ Hoke Smith

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Sworn to and subscribed before me, this 16 day of Nov., 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved December 22, 1953. COBB COUNTY COMMISSIONERSCONTRACTS. No. 788 (House Bill No. 1013). An Act to amend an Act creating a Commissioner of Roads and Revenues for Cobb County, approved August 7, 1924 (Ga. Laws 1924, p. 314) as amended, so as to provide for the submission of bids under certain conditions on purchases of over two hundred ($200.00) dollars made by the governing authority of Cobb County and the commissioner; to make provisions relative to the employment and contracting with certain people; to provide procedure connected with the foregoing; 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 Commissioner of Roads and Revenues for Cobb County, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, is hereby amended by striking in its entirety, Section 12 and inserting in lieu thereof a new Section 12 to read as follows: Sec. 12, Act of 1924, amended. Section 12. It shall be unlawful for the commissioner to employ any person related to him within the first degree by blood or marriage or to contract with any such person for any equipment, material or supplies,

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or for any work to be done on the public roads, bridges, or other work of the county except when bids are received for any such work, equipment, material or supplies upon full specifications in reference thereto and a person so related submits the lowest bid therefor. Any purchase of supplies and materials of over two hundred ($200.00) dollars shall be by competitive bid if either member of the advisory board or the commissioner of roads and revenues shall so stipulate. In which event written bids shall be submitted to the governing authority of Cobb County which shall have the right to reject any and all bids submitted. It shall be unlawful for any member of the Cobb County governing authority 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 said members shall violate any of the provisions of this section, he shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor and shall forfeit his office and such conviction shall create a vacancy in the office he holds. Forbidden 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 November 12, 19, 26, 1953.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November session 1953 of the General Assembly of Georgia a bill to amend an Act which amended an Act creating the office of Commissioner of Roads and Revenues of Cobb County, approved March 4, 1953, (Georgia Laws, page 3009, and 1924 Laws, page 314); to provide for the submission of bids on all purchases made by the governing authority of Cobb County and the office of commissioner of over $200.00 in value and to strike certain provisions relating to the employment of relatives and the contracting with certain people; and for other purposes. This 11th day of November, 1953. /s/ Fred D. Bentley. 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 11th day of November, 1953. /s/ Brooks P. Smith Publisher, Cobb County Times Subscribed to and sworn to before me, as Notary Public, this 11th day of November, 1953. /s/ Margaret H. Smith Notary Public, Cobb County, Georgia. (Seal) Approved December 22, 1953. ATLANTATRAFFIC CONTROL. No. 793 (Senate Bill No. 216). 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 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 City of Atlanta is authorized to adopt complete traffic regulations at the Atlanta Municipal Airport or at any other airport operated by the city and to install in the driveways and private parking lots parking meters, the receipts from which shall be used exclusively for the enforcement of traffic regulations at the airport or airports. Traffic regulations at airport. Parking meters. Section 3. In addition to all other powers, the governing authority of the City of Atlanta is hereby authorized and empowered to make, adopt, promulgate and from time to time amend, extend and add to any ordinance or ordinances restricting, limiting or otherwise regulating the use of any building or buildings or any vacant lots or vacant lots for public parking, and may, as a condition precedent, require the operators of all or any such building or lot for public parking purposes to apply to the governing authority of the city for a permit and to procure such a permit before beginning business. Any such permit may be granted on named conditions. Permits for parking facilities.

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Section 4. For the purpose of aiding the city and the governing authorities thereof in promulgating and enforcing the ordinances authorized in the preceding section, there is hereby created a commission to be known as the Traffic and Transportation Commission of the City of Atlanta. It shall be composed of the mayor and a member of the board of aldermen, as ex officio members, and seven citizens of the city to be appointed by the mayor with the approval of the board of aldermen. The mayor shall annually appoint the member of the board of aldermen. [Illegible Text] and [Illegible Text] [Illegible Text] Section 5. Four of the citizen members shall be appointed for a four year term and three for two years. Their successors shall be appointed for a term of four years. [Illegible Text] Section 6. The mayor shall appoint one of its citizen members as chairman and another as vice-chairman and fix their terms of office as such. The secretary of the commission shall be the city traffic engineer. Five members shall constitute a quorum. The commission shall fix the date of its stated meetings which shall not be less than one each month, and special meetings may be called by the chairman upon giving 24 hour notice. It shall have power to issue subpoenas and subpoenas duces tecum and to compel the attendance of witnesses. Any person served with such subpoena and failing to respond thereto may be punished as provided by the ordinances of the city upon conviction in the municipal court. [Illegible Text] [Illegible Text] Section 7. The traffic and transportation commission herein created, among other things, shall have the following duties: 1. Within the limits of the funds at its disposal, publish reports, receive suggestions and hold public hearings having to do with traffic matters, and recommend ways and means for improving traffic conditions and the administration and enforcement of traffic regulations. [Illegible Text] and [Illegible Text] of [Illegible Text]

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2. To review periodically surveys and studies made by the department of traffic engineering or other agency on traffic, parking and transit and make recommendations to the mayor and board of aldermen regarding the same. 3. To receive application and re-applications for permits to use property (zoned for business) for new off-street public parking facilities or to expand existing facilities; to hold public hearings and take evidence regarding such applications; to recommend to the mayor and board of aldermen that such applications be approved or disapproved, after consideration of such factors as: (a) Size of proposed facility (especially in relation to the vehicular capacity of streets of ingress and egress); (b) Physical arrangements for ingress and egress; (c) Reservoir space for incoming and outgoing vehicles; (d) Effect of any plan (such as the expressway program or the major street plan) on the flow or the pattern of traffic in advacent streets; and (e) Financial responsibility of the applicant. Section 8. In the exercise of the powers herein authorized, no ordinance providing for the control of traffic on the streets of Atlanta shall be passed or amended, and no permit shall be granted and become effective until same shall have first been submitted for approval or disapproval to the commission herein created. Any proposal, approval, disapproval or suggestion of the commission herein created shall have an advisory effect only and shall not be binding on the said governing authority of the city, and, unless said commission shall have transmitted its report upon any proposed ordinance or permit within 30 days after the submission thereof to it, the governing authority of the city shall be free to proceed to the adoption of the proposed ordinance or the

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granting of the proposed permit without further awaiting the receipt of the report of the commission. Procedure as to traffic ordinances, etc. Section 9. For the purpose of establishing policies and programs and coordinating all activities of the city government in matters pertaining to traffic, parking and transit, the mayor and board of aldermen are hereby directed to establish the aldermanic traffic, parking and transit committee. It shall be composed of the mayor, the chairman of the finance committee, police committee, public works committee, and electric lights committee of the board of aldermen. The mayor shall appoint the chairman, vice-chairman, and secretary of the committee. Aldermanic traffic, parking and transit committee. Section 10. The mayor and board of aldermen are authorized to increase by ordinance the jurisdiction, powers and duties of the traffic and transportation commission and the aldermanic traffic, parking and transit committee created in this Act. Section 11. All laws and parts of laws in conflict herewith are hereby repealed. Section 12. This Act shall become effective January 1, 1954. Affidavit of publication attached to enrolled copy. Approved December 23, 1953. BERKELEY LAKE CHARTER. No. 797 (House Bill No. 994). An Act to create and incorporate a new municipality in Gwinnett County, Georgia, to be known as the City of Berkeley Lake, to provide a charter for, and to declare the rights, powers and privileges of said municipality, and of its officers, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act, the City of Berkeley Lake, in the County of Gwinnett, be and the same hereby is incorporated under the name and style of the City of Berkeley Lake, and by that name and style shall have perpetual succession, shall have a common seal; shall be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors, for the use of the City of Berkeley Lake, any estate or estates, real or personal, of whatever kind or nature, and by the said name and style be capable of suing and being sued in any court of law or equity in this State. [Illegible Text] Section 2. Be it further enacted, that the government of said city shall be vested in five councilmen, who shall be elected on the first Saturday in December of each year, and to take office the first of January of each year. The term of office of the councilmen shall be for one year, and until their successors are elected and qualified; provided however, that the first officers shall be elected on the first Saturday following thirty days from the date of approval of this Act, and shall take office as soon as the results of the election can be ascertained and certified. Councilmen. Section 3. Be it further enacted, that the five councilmen so elected shall elect one of their number to serve as mayor. Mayor. Section 4. Be it further enacted, that a committee composed of C. G. Farabee, A. A. Murphey, and Mark Tolson, employ a manager and two clerks to hold the first election, and that said manager and clerks shall take and subscribe to the same oath as the regular manager and clerks shall take as hereinafter set forth. Management of first election. Section 5. Be it further enacted, that the corporate limits of said municipality shall extend over that territory embraced within the following description:

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All that tract or parcel of land lying and being in Land Lots 268, 289, 290, 298 and 299 of the 6th District of Gwinnett County, Georgia, containing 698.69 acres, more or less, and being more particularly described in a certain security deed made by Berkeley Realty Investment Company to Coggins Realty Investment Company, dated July 3, 1950, and recorded in Deed Book 95, page 448, Gwinnett County Records, which land has been subdivided as shown by plats of survey appearing of record in Plat Book E, pages 178, 179, 248, 249, and 250, Gwinnett County Records. Corporate limits. Section 6. Be it further enacted, that at the election for the councilmen, all residents 18 years old, who have resided in said city thirty days prior thereto and who have paid all State, county, and municipal taxes, dues or assessments, shall be qualified voters. That the said election for councilmen shall be held by a manager and two clerks, who shall be qualified voters at said election, and the polls of said election shall be opened at eight (8) o'clock A. M. and close at six (6) o'clock P. M., and said manager and clerks, before entering upon their duties, shall take and subscribe to the following oath before some justice of the peace, notary, mayor or councilmen of the city, to wit: All and each of us do swear that we will faithfully superintend this day's election, that we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe he is entitled to do so, nor knowingly prohibit anyone from voting who is entitled to, so help us God. Management of first election. Section 7. Be it further enacted, that the manager and two clerks at said election shall issue a certificate of the result thereof to each of the persons having a plurality of the votes cast, which certificate shall be recorded in the records of said city, and said certificates shall be sufficient authority for the persons so elected to enter upon the discharge of their official duties after qualification as herein provided. Results. Section 8. Be it further enacted, that should the office

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of mayor or councilmen become vacant by any cause, the mayor and councilmen remaining shall elect a successor, who shall fill the unexpired term only. Vacancies, mayor and councilmen. Section 9. Be it further enacted, that before entering upon the discharge of their fficial duties, the mayor and councilmen elect shall take and subscribe to the following oath before the retiring mayor or some person authorized to administer oaths, to wit: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Mayor (or Councilmen, as the case may be) of the City of Berkeley Lake during my term of office to the best of my knowledge, ability and understanding, so help me God. Said oath shall be entered on the records of the city. Their oath. Section 10. Be it further enacted, that the mayor and councilmen shall elect annually a mayor pro tem. from the councilmen, whose duty it shall be to act as mayor in all cases in the absence or disqualification of the mayor. They shall also have authority, in their discretion, to elect a clerk and a marshal, and other employees whose terms shall continue throughout the year, and expire on January 1st of the following year, subject to re-appointment. The duties and compensation of said clerk, marshal and other employees, shall be such as may be fixed by the mayor and council. Mayor pro tem. Employees. Section 11. Be it further enacted, that the mayor and councilmen shall have power and authority to levy and collect an valorem tax not exceeding ten (10) mills, annually upon all property, both real and personal, within the corporate limits of said city; they may also levy and collect such license tax upon business occupations in said city as they may see proper. All of said taxes to be for the purpose of defraying the general expenses of the city. Taxation. Section 12. Be it further enacted, that should any person fail or refuse to pay the tax imposed by the said city authority, the clerk shall issue an execution against

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said delinquent taxpayer, which shall be signed by him in his official capacity and shall bear teste in the name of the mayor and council. Said execution shall be directed to the marshal and shall bind all property that said delinquent taxpayer owned on the 1st day of April of the year the tax was levied, and the lien of said execution shall be superior to all liens on said property except liens for the property of such defaulting taxpayer, and in case of real estate, shall advertise and sell the same as at sheriff's sales, and in case of personal property, shall expose the same for sale before the usual meeting place of the mayor and council, after advertising it by posting notices in three of the most public places in said city for ten (10) days prior to the day of sale. Tax executions. Section 13. Be it further enacted, that the mayor and council shall have power and authority to pass all rules, regulations or ordinances that they may deem necessary for the government of said city, the preservation of order and the protection and preservation of the morals, health, lives and property of its citizens; provided, the same are not in conflict with the Constitution and laws of the State or the United States. General powers. Section 14. Be it further enacted, that the mayor may hold a police court in said city at any time for the trial and punishment of all persons violating the city ordinances and regulations of said city, and when holding said police court shall have the power and authority to administer oaths, preserve order and punish for contempt; said punishment shall be by a fine not exceeding one hundred ($100.00) dollars, or labor on the street not exceeding one hundred (100) days, or confinement in the guard house or jail not exceeding one hundred (100) days, and he shall also have power and authority to suspend, commute, or remit the sentence imposed, in his discretion. In the absence or disqualification of the mayor, the mayor pro tem., or in his absence or disqualification, any councilman may hold said court. Police court. Section 15. Be it further enacted, that the mayor and council shall prescribe the rules and regulations

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under which property shall be returned for taxation and the penalty for failure to make returns. Tax returns. Section 16. Be it further enacted, that the mayor and council shall present a building code for the City of Berkeley Lake and issue permits for any new construction and for repairs to existing buildings within said city, where the costs of such repairs or construction shall exceed one hundred ($100.00) dollars. The mayor and council are authorized to charge a reasonable fee for the issuance of said permits. Building code and permits. Section 17. Be it further enacted, that the marshal shall have power and authority to arrest, without a warrant, any drunk or disorderly person, or any person committing or attempting to commit any offense against the criminal laws of this State, or against the city ordinances, and commit to the jail or any other place of safety to await his trial, or may take such bond from the offender as the mayor or any councilman may direct, conditioned for his appearance for trial at the police court. Arrests. Section 18. Be it further enacted, that the mayor and council have power and authority in their discretion to establish and maintain a jail or guard house wherein to confine for safe keeping, parties under arrest or for the punishment of parties convicted and sentenced in police court. Prisoners. Section 19. Be it further enacted, that should any property levied upon, under and by virtue of any execution issued by the clerk for taxes or license be claimed by any person not the party to the execution; said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and in case of personal property, if the claim is less than two hundred ($200.00) dollars, it shall be returned to the justice court of the district in which said city is located, and if more than two hundred ($200.00) dollars, it shall be returned and tried as other claim cases in the superior court of said county, and in case real estate is involved in the claim, it shall be returned

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to and tried as other claim cases in the superior court of said county. Claims. Section 20. Notice of the time and place of elections shall be posted in three (3) conspicuous places throughout the city continuously for at least seven (7) days preceding said election, and, except for the day on which same is held, said election shall be conducted in the manner hereinbefore set out. Notice of elections. Section 21. Be it further enacted, that the mayor shall receive as his compensation the sum of twenty-five ($25.00) dollars per month; and each councilman shall receive as his compensation the sum of ten ($10.00) dollars per month, same to be paid from the taxes and other revenue of said city. Compensation of mayor and councilmen. Section 22. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 28. Attached hereto and made a part hereof is copy of notice of intention to introduce this Act and the certificate of publisher that this notice has been published as provided by law. The News-Herald P. M. Christian, Marvin A. Allison Editor Publisher Published Thursday of Each Week. Lawrenceville, Georgia. November 25, 1953. To All Who May Be Concerned: This is to certify that the advertisement of the City of Berkeley Lake for Notice of Local Legislation, was published in The News-Herald, of Lawrenceville, Georgia, on November 19th and 25th, 1953.

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This November 25th, 1953. The News-Herald. By /s/ P. M. Christian. Legal Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the General Assembly at the coming session, to incorporate and grant a charter to the City of Berkeley Lake, in Land Lots 268, 288, 289, 290, 298 and 299 of the 6th District of Gwinnett County, Georgia, as more particularly described in Deed dated July 3, 1950, and recorded in Book 95, page 448, Gwinnett County Records, and to confer upon said City of Berkeley Lake necessary power and authority to constitute same a municipality. This 10th day of November, 1953. C. G. Farabee. A. A. Murphey. Mark Toalson. Roger Jacobs. Dr. H. M. Phillips. Mrs. Dorothy T. Bagwell. G. B. Kilburn. Frank M. Kinnett. 3-3t-c Approved December 22, 1953. RINGGOLD CHARTER AMENDED. No. 798 (House Bill No. 995). An Act to amend an Act entitled An Act to create and establish a new charter for the Town of Ringgold in the County of Catoosa, State of Georgia, and to reincorporate said town under the name of the Town

Page 2902

of Ringgold' and to define its territorial limits; to reenact, with certain and various changes, confirm and continue in operation, except as changed by the provisions of this Act, the Act approved December 20, 1899 (Ga. Laws 1899, p. 259), as amended by an Act approved July 29, 1925, (Ga. Laws 1925, p. 1387), establishing a new charter for said Town of Ringgold; to create a municipal government for said town; etc., which Act was approved March 9, 1943, (Acts 1943, pp. 1508-1552), as amended by an Act approved March 9, 1945, (Ga. Laws, 1945, p. 1130), and by an Act approved February 7, 1949, (Ga. Laws, 1949, p. 691), and by an Act approved February 21, 1951, (Ga. Laws, 1951, p. 2845), by striking therefrom all of Section 5 of said Act and by inserting in lieu thereof a new Section 5 providing for the election of mayor and 5 aldermen on the 1st Monday in December, 1955, and providing that the two aldermen who receive the highest number of votes in said election shall be elected for a term of 4 years and the remaining aldermen to be elected for a term of 2 years, and to provide for elections each and every two years thereafter, and to provide how Section 5 when amended shall read; to further amend said Act by striking from line 3 of Section 19 the words one hundred twenty ($120.00), and substituting in lieu thereof the words three hundred ($300.00), and by striking from line 5 the word twelve and by striking from line 6 the words dollars (12.00) and substituting in lieu thereof the words one hundred twenty ($120.00); and to provide how Section 19 when amended shall read; to further amend said Act by striking from line 9 of Section 31 the words one dollar ($1.00) and substituting in lieu thereof the words one dollar and fifty cents ($1.50), and to provide how said Section 31 when so amended shall read; 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 entitled An Act to create and establish a new charter for the Town of Ringgold

Page 2903

in the County of Catoosa and State of Georgia, and to re-incorporate said town under the name of the `Town of Ringgold' and to define its territorial limits; to reenact with certain and various changes and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved December 20, 1899, (Ga. Laws 1899, p. 259), as amended by an Act approved July 29, 1925, (Ga. Laws, 1925, p. 1387), establishing a new charter for the Town of Ringgold; to create a municipal government for said town; etc., which said Act was approved March 9, 1943, (Ga. Laws, 1943, p. 1508), as amended by Act approved March 9, 1945, (Ga. Laws, 1945, p. 1130) and an Act approved February 17, 1949, (Ga. Laws, 1949), p. 691) and by Act approved February 21, 1951, (Ga. Laws, 1951, p. 2845), be and the same is hereby amended by striking therefrom Section 5 in its entirety and by substituting in lieu thereof a new Section 5 to read as follows: Section 5. Election of mayor and aldermen. Be it further enacted that on the 1st Monday in December, 1955, an election shall be held at which a mayor and 5 aldermen shall be elected, the mayor so elected shall hold office for a period of 2 years and thereafter until his successor is duly elected and qualified. The two aldermen receiving the highest number of votes in said election shall hold their office for a period of 4 years and until their successors are duly elected and qualified. The three remaining aldermen elected in said election shall hold their office for a period of two years and until their successors are duly elected and qualified. On the first Monday in December, each and every two years thereafter, an election shall be held at which election a mayor and three aldermen shall be elected, who shall take office on January 1 after said election, the mayor shall hold his office for a period of two years and until his successor is duly elected and qualified. The two aldermen who receive the highest number of votes in said election shall hold their office for a period of 4 years and until their successors are duly elected and qualified, and the remaining alderman shall hold office

Page 2904

for a period of two years and until his successor is duly elected and qualified. All candidates in such elections shall file with the clerk of said town at least 15 days before said election, a written and signed notice of his candidacy for the office for which he shall offer. No person failing to so qualify as a candidate shall be eligibility and have his name placed on the ballot in such election. The clerk under the direction of the mayor and aldermen shall have ballots prepared and no other ballot shall be used or be legal. Election of mayor and aldermen. Section 2. That the Act entitled An Act to create and establish a new charter for the Town of Ringgold in the County of Catoosa and State of Georgia, and to re-incorporate said town under the name of the `Town of Ringgold' and to define its territorial limits; to reenact with certain and various changes and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved December 20, 1899 (Ga. Laws, 1899, p. 259) as amended by an Act approved July 29, 1925, (Ga. Laws, 1925, p. 1387), establishing a new charter for the Town of Ringgold; to create a municipal government for said town; etc., which said Act was approved March 9, 1943, (Ga. Laws, 1943, p. 1508), as amended by Act approved March 9, 1945, (Ga. Laws, 1945, p. 1130) and an Act approved February 17, 1949, (Ga. Laws, 1949, p. 691) and by Act approved February 21, 1951, (Ga. Laws, 1951, p. 2845), be and the same is hereby amended by striking from line 3 of Section 19 the words one hundred and twenty ($120.00), and substituting in lieu thereof the words three hundred ($300.00) and by striking from line 5 of Section 19 the word twelve and by striking from line 6 the words dollars ($12.00) and substituting in lieu thereof the words one hundred twenty ($120.00), so that said section when so amended shall read as follows: Section 19. Salaries of the mayor and aldermen. Be it further enacted that the mayor shall receive a salary not in excess of three hundred dollars ($300.00), per year, payable monthly, and each of the aldermen of said town may be paid compensation not in excess of one hundred

Page 2905

twenty ($120.00) per year for their services. Provided the salaries of the mayor and aldermen may be fixed and regulated by the board of aldermen at the beginning of each calendar year. [Illegible Text] of [Illegible Text] and [Illegible Text]. Section 3. That the Act entitled An Act to create and establish a new charter for the Town of Ringgold in the County of Catoosa and State of Georgia, and to re-incorporate said town under the name of the `Town of Ringgold' and to define its territorial limits; to reenact with certain and various changes and confirm and continue in operation, except as changed by the provisions of this Act, the Act approved December 20, 1899, (Ga. Laws, 1899, p. 259) as amended by an Act approved July 29, 1925, (Ga. Laws, 1925, p. 1387), establishing a new charter for the Town of Ringgold; to create a municipal government for said town; etc., which said Act was approved March 9, 1943, (Ga. Laws, 1943, p. 1508), as amended by Act approved March 9, 1945, (Ga. Laws, 1945, p. 1130) and an Act approved February 17, 1949, (Ga. Laws, 1949, p. 691) and by an Act approved February 21, 1951, (Ga. Laws, 1951, p. 2845, be and the same is hereby amended by striking from line 9 of Section 31 the words one dollar ($1.00), and substituting in lieu thereof the words one dollar and fifty cents ($1.50), so that said section when so amended shall read as follows: Section 31. Taxes. Be it further enacted that the mayor and aldermen of said town are hereby authorized and empowered to impose, levy and collect ad valorem taxes on all property real and personal within the corporate limits of said town, and upon all goods, chattels, moneys and choses in action whose owner resides within the corporate limits of said town which are subject to taxation by the laws of this State for the ordinary current expenses of said town a tax not exceeding one dollar and fifty cents ($1.50) on each one hundred dollars ($100.00) of taxable property as assessed in the manner herein provided; and for the paving and macadamizing of streets and sidewalks, and for the payment of the principal and interest of the public debt of said town,

Page 2906

such additional taxes as may be necessary and proper, in the manner prescribed by the Constitution of Georgia. Said taxes shall have the same lien and priority as taxes due the State and county, except that they shall be second and postponed thereto. Taxes. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Affidavit of Publisher of Newspaper. State of Georgia, County of Catoosa. Personally appeared before the undersigned officer authorized to administer oaths, Margaret C. Jones, who on oath says that she is editor and business manager of the Catoosa County News, a newspaper published in said county; that the notice of Intention to Apply for the Passage of a Local Bill, a copy of which as printed is hereto attached, was duly published in the said newspaper on the following dates: October 22, 1953 October 29, 1953 November 5, 1953 /s/ Margaret C. Jones Margaret C. Jones Subscribed and sworn to before me, this 17th day of November, 1953. /s/ John E. Wiggins Notary Public, Georgia State At Large. Notarial seal affixed. Legal Advertising. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly for the passage of the following bill: An Act to amend an Act approved March 15, 1943,

Page 2907

entitled An Act to create and establish a new charter for the Town of Ringgold, in the County of Catoosa, State of Georgia, and to reincorporate said town under the name of `Town of Ringgold', etc. (Ga. Laws, 1943, p. 1508, et seq.) and all amendatory Acts thereof, for the purpose of changing the salary of the mayor and aldermen of said town; to change the term of office of the aldermen; and to change the tax rate for ad valorem taxes on real and personal property within the corporate limits of said town. This 20th day of October, 1953. Mayor and Councilmen of the Town of Ringgold. 10-22-3t Approved December 22, 1953. BIBB COUNTY PENSION PLAN. No. 800 (House Bill No. 807). An Act to provide a pension and/or retirement plan and fund for certain employees and officers of Bibb County; to define the words, terms and phrases used in this Act; to fix a scale of contributions to be made by persons covered by such pension and retirement plan and those to be made by Bibb County; to provide for eligibility for membership in such plan and eligibility to receive the benefits of such plan; to provide for benefits to members of such plan and the manner and condition of payment of such benefits; to provide for refunding contributions to certain member employees and officials; to provide for the enactment of rules and regulations by the County Board of Commissioners for the County of Bibb for the administration of such plan including the control and investment of funds accumulated therein and pursuant to such plan; to provide for conclusive determination of questions arising

Page 2908

under such plan; to provide for the levy of taxes for the purpose of this Act and of such plan; and for other purposes: Section 1. Be it enacted by the General Assembly of Georgia and it is so enacted by authority of the same that, as of the effective date of this Act hereinafter specified, a pension and retirement plan for certain eligible employees and officers of Bibb County is hereby constituted, to be known as The Bibb County Pension Plan. Section 2. Definitions . As used in this Act the following words, terms, and phrases shall have the meaning hereby ascribed unless a different meaning is clearly required by the immediate context in which such word, term, or phrase is used: (a) County and Bibb County and County of Bibb shall mean the political subdivision, Bibb County, Georgia; (b) Board or the board shall mean the County Board of Commissioners for the County of Bibb and its successor or successors serving as the governing authority of the County of Bibb; Definitions. (c) The masculine shall include the feminine; (d) Employees and/or officials shall include all persons actively employed in the service of the county upon the effective date of this Act and thereafter and whose salary, wage or compensation is paid by the county and by check of the treasurer of the county whether payable directly to the recipient or to another for transmission or distribution, and whether appointed by the board or by an elected or appointed official and including appointees of the judges of the Superior Court in and for Bibb County and including elective officials of Bibb County; (e) Service and years of service shall mean the

Page 2909

period in the employ of the county and while a member of this plan plus accumulated past service credit acquired and retained as provided in Subsection (b) of Section 6 of this Act. A service year shall not be the calendar year but a service period of twelve (12) months, except that, in computing fractional service years, six or more service months shall be considered a service year. No period during which benefits are received under this plan or were received under the plan provided by the Acts of 1949, p. 1371 shall be considered service or years of service. (f) Accumulated past service credit shall mean years of employment by Bibb County prior to the effective date of this Act, (including years of service under the former fee system of compensation) and acquired and retained only as provided in Subsection (b) of Section 6 of this Act; (g) Final average monthly earnings shall mean the total compensation received by the claimant from Bibb County (including allowances computed by the board as provided in Item 3 of Subsection (a) of Section 4 hereof, during the last five (5) years of service with the county, divided by sixty (60), provided, however, that in the event of prolonged illness or other justifying cause, to be judged solely by the board, the board may compute the final average monthly earnings of an affected claimant by using the three (3) years most productive of compensation from the county and to the claimant and dividing such total by thirty-six (36). Section 3. Member eligibility . All employees and officials of the county, upon the effective date of this Act and thereafter, are eligible for inclusion in the pension and retirement plan established hereby, with the following exceptions: (a) Employees and officers in Macon-Bibb County Board of Health;

Page 2910

(b) Employees and officers of the Department of Public Welfare of Bibb County; (c) Employees and officers of Macon-Bibb County Zoning and Planning Commission; Member eligibility. (d) The county agricultural agent; (e) The county home demonstration agent; (f) Members, only, of the county board of tax assessors; (g) Members, officers, employees and teachers of the Board of Public Education and Orphanage for Bibb County; (h) Casual and temporary employees; (i) Contractors and agents and their officers, agents and employees, whose employment by Bibb County or any of its agencies is casual or temporary or intermittent or for the job; (j) All officers and employees whose main vocation or occupation is not employment by the county or its agencies, the County Board of Commissioners for the County of Bibb being vested with full authority to solely and exclusively judge and determine the application of this coverage exception; (k) Any employee or official whose age, upon the effective date of this Act or thereafter upon employment, re-employment, qualification or re-qualification as an employee or official, is forty (40) years or more, provided, that this exception shall not apply to employees and officials who were on October 1, 1953, members in good standing of a pension plan presently existing as provided by Georgia Laws 1949, page 1371, as amended, and continue as such members of such plan until the effective date of repeal of the Act providing such plan; this exemption from the age limitation terminating, however,

Page 2911

ever, upon leaving the service of the county and the age limitation applying without exception upon re-employment or re-qualification; (1) Judges of the Superior Court of Bibb County, Georgia; (m) Solicitor-General of the Superior Courts for the Macon Circuit; (n) Employees and officials who upon the effective date of this Act are receiving payment of benefits from and under the pension plan established and provided by Georgia Laws 1949, page 1371, as amended; (o) Employees and officials who are members of the pension plan established and provided by Georgia Laws 1949, page 1371, as amended, and who do not execute a release of rights thereunder and consent to the transfer to this plan of contributions heretofore made to the pension plan established and provided by Georgia Laws 1949, page 1371, as amended; (p) Any employee or official hereafter employed, appointed or elected who shall be unable to furnish to the board a certificate of good health signed by a reputable practicing physician resident of Bibb County, such physician to be designated by the board or the governing authority of Bibb County, and payment for such service by the physician to be paid from the pension fund of this plan; (q) Employees and officials in the service of the county upon the effective date of this Act who, and within thirty (30) days after such effective date, elect, by written notice to the board, not to be included or covered by this Act or the pension plan provided hereby. Section 4. Contributions . (a) Employee contributions.

Page 2912

Each member of the pension plan shall make contributions to the pension fund of such plan as follows: (1) Two percent (2%) of the first thirty-six hundred dollars ($3600), or the total fractional part thereof received as salary, wage or compensation from Bibb County, and four percent (4%) of that portion of such salary, wage or compensation received which is in excess of thirty-six hundred dollars ($3600) per year; (2) The amount of the required contributions to be paid by employee and official members of the plan shall be deducted and withheld by the proper authority of Bibb County from the salary; wage or compensation otherwise to be paid to such member, whether such payment is to be made by paycheck or otherwise, and whether to be paid to a department head of the county for distribution to such member official or employee or to be paid directly to such member employee or official. Any eligible employee or official employed or taking office after the effective date of this Act, and any employee or official actively engaged in the service of the county upon the effective date of this Act and who does not elect, as provided by Subsection (q) of Section 3 hereof, to be excluded from the Act and plan, are conclusively held to have consented to such deductions, the plan provided hereby being compulsory as to eligible employees and officials employed or taking office after the effective date of this Act, and who are not precluded from pension benefits hereunder by the provisions of Section 6, Subsection (c), Item 4 hereof, and optional as to eligible then employees and officers on the effective date of this Act. Employee contributions. (3) In order to equalize the basis of member contributions and benefits pursuant to the pension plan established hereby, the compensation of certain officers and employees, to be determined and designated exclusively by the board, and who receive living and other accommodations in addition to their salaries and wages, shall be held to include the fair value of such accommodations, such fair value to be fixed by the board and all

Page 2913

contributions, deductions and benefits shall be calculated and determined on such increased compensation. (b) Employer contributions. Bibb County shall contribute to the pension fund such annual amounts as are necessary to equal employee contributions and may contribute such amounts necessary to maintain, at all times, the fund and plan on a sound financial basis but shall contribute such amount as may be necessary to augment the fund, at any time, to meet benefits payable therefrom. Employer contributions. The board or its successor governing authority is authorized, in its discretion, to consult and employ, from time to time, actuaries to compute such periodic payments as may be necessary in order to maintain and assure the continuing solvency of said pension and retirement plan. Section 5. Pension fund. Custodian. Investment of pension fund . The contributions of members of the plan and of Bibb County, together with such funds as may be transferred from the prior pension plan established by Georgia Laws 1949, page 1371, as amended, as well as the income and return from investments hereinafter authorized, shall constitute the pension fund for this plan, shall be held in trust for payments pursuant to this plan and all payments becoming due under the pension and retirement plan established hereby shall be solely payable therefrom. Pension fund. All of such fund shall initially be paid over to the county treasurer and until ordered by the board, the Treasurer of Bibb County shall be the custodian of the pension fund and while such is in his or her possession the county treasurer's bond shall be liable for the safe-keeping thereof. Custodian. The board is authorized, in its discretion and from

Page 2914

time to time, to appoint, subject to revocation at any time and subject to such guards for safekeeping as the board may prescribe, one or more national banks having places of business in Bibb County and maintaining active trust departments, as custodian of said funds, in whole or in part, and for purposes of disbursement pursuant to this Act and the order of the board and/or for purposes of investment of such fund, the purpose or purposes for which the custodian or custodians is or are appointed to be stated in writing by the board at the time of appointment, which statement shall be recorded on the official minutes of the board and a copy thereof delivered to the custodian or custodians. The board, a designated member of the board, or an appointed committee from the membership of the board, shall have authority and discretion to be exercised at any time and from time to time, to invest all or any part of the fund as follows: Investments. (a) As provided by the then effective laws of Georgia, for investments by trustees or investments by guardians, without court order or proceedings; (b) As provided by the then effective laws of Georgia for investments by trustees or by guardians with court order and after the board has first obtained such court order; (c) Without court order, and without other authority or permission of any kind then here given, in stocks, bonds and securities then approved as investments of common trust funds by an active trust department of any national bank having a place of business in Bibb County. The board may, at any time and from time to time, delegate, subject to immediate revocation, the aforesaid powers of investment to the then custodian of the fund, or any portion of the fund, but no investment by the custodian other than as provided by the then effective laws of the State of Georgia for investments by trustees or

Page 2915

guardians without court order, shall be made except upon written approval of each specific investment by the board or by the member of the board or the members of the committee of the board appointed for the purpose of supervising such investment. Fees or other charges made by the custodian and/or investment custodian, with approval of the board, shall be payable from the pension fund. Section 6. Benefits. Accumulated past service credits. Qualification for benefits . (a) Benefits. (1) Upon reaching sixty-five (65) years of age, a member of the plan shall be entitled to retirement and shall receive monthly retirement benefits in an amount equal to two-thirds (2/3) of one percent (1%) of the first three hundred dollars ($300) of final average monthly earnings, plus one and one-third per cent (1 1/3%) of his final average monthly earnings in excess of three hundred dollars ($300), times the number of years of service. (2) A member who is permanently and totally disabled after five continuous years of service shall be entitled to a monthly disability retirement allowance equal to one and one-third percent (1 1/3%) of his final average monthly earnings times his number of years of service, such amount in no event to be less than three dollars ($3.00) per month for each year of continuous service. Such allowance shall be paid as calculated and in full until the member reaches the age of sixty-five (65), but shall then be reduced by fifty percent (50%) of the primary federal Social security benefit to which the member is then entitled. Benefits. (3) A member who is permanently and totally disabled from accidental, violent and external causes suffered in line of duty and in performance of duty shall be entitled to a monthly disability retirement allowance

Page 2916

equal to two-thirds (2/3) of his final average monthly earnings. Such allowance shall be paid as calculated and in full until the member reaches the age of sixtyfive (65) years, but shall at that time be reduced by the full amount of the primary federal Social security benefit to which the member is then entitled. (4) The surviving spouse, or if no surviving spouse, the legatees or surviving heirs at law of a member dying prior to retirement, shall receive a death benefit equal to the full amount the member has paid into the pension fund (to include any sums paid by him into the pension plan provided by Georgia Laws 1949, page 1371, as amended, and by consent of the member transferred to this plan), plus two percent (2%) interest compounded annually on said amount. (5) The surviving spouse or, if no surviving spouse, the legatees or surviving heirs at law of a member killed from accidental, violent and external causes sustained in line of duty and active performance of duty, shall receive a death benefit as set out in Subsection (4) hereof plus one hundred dollars ($100) for each year of service up to a maximum of five (5) years of service. (6) In the event a pensioned member dies before receiving pension benefits in the amount equal to the death benefit provided in Subsection (4) hereof (the amount of compound interest to be calculated to date of retirement only), the difference shall be paid to the surviving spouse or, if no surviving spouse, to the legatees or surviving heirs at law of the deceased pensioned member. (7) In the event a member terminates his service or his service is terminated for any reason other than death or cause for which he receives benefit payments elsewhere under this pension plan, he shall be entitled to a severance benefit equal to his total contributions to the pension fund including any payments made by him under the pension plan provided by Georgia Laws 1949, page 1371, as amended, and which by his consent has been

Page 2917

transferred to the pension plan established hereby. In case of elected officials whose services are terminated through an election by the people unfavorable to them, two percent (2%) interest compounded annually on said amount of contributions shall be added and paid. (8) In the event a member terminates his service or his service is terminated for any reason other than death or cause for which he receives benefit payments elsewhere under this pension plan, he shall, if he has thirtyfive (35) years of service in the employ of the county, have the right and privilege of leaving the aforesaid contributions described in Item (7) of Subsection (a) of Section 6 hereof, in the pension fund and thereby be vested with rights in the pension plan benefits set forth in Items (1), (4) and (6) of Subsection (a) of Section 6, subject to the conditions thereof, without further contribution to the pension fund and without being subject to deprivation of payment as otherwise provided in Item (4) of Subsection (c) of Section 6 hereof. (9) Any employee or official except an official chosen by election by the people, shall be subject to compulsory retirement, in the discretion of the governing authority of the county, upon attaining the age of seventy (70) years; provided, however, that present employees who, at the time of the passage of this Act, are 70 years or more of age, shall not be compulsorily retired as provided herein, without the approval of the head of the department in which he or she works. Such employee or official shall be entitled to receive one of the aforesaid benefits for which he qualifies. (b) Accumulated past service credit. Upon the effective date of this Act, the then employees and officials of Bibb County eligible for participation in this plan and becoming members of this plan shall be entitled to accumulated past service credit under this plan as follows: (1) Members of the pension plan provided by Georgia

Page 2918

Laws 1949, page 1371, as amended, shall be entitled to all the years of accumulated past service credit as provided by that plan and secured by such member thereunder; Accumulated service credit. (2) Non-members of the pension plan provided by Georgia Laws 1949, page 1371, as amended, shall be entitled to accumulated past service as provided by that plan upon electing, within thirty (30) days after the effective date of this Act, so to do, and by paying or agreeing to pay, as immediately evidenced by promissory note payable to Bibb County, within a period of three (3) years from the effective date of this Act, into the pension fund of this plan, a sum of money equal to that which would have been paid under the plan of 1949 as aforesaid in order to secure accumulated past service credit thereunder. (c) Qualification for benefits. (1) Permanent and total disability shall be determined upon the report of two reputable practicing physicians resident of Bibb County and after physical examination of the claimant. One of said physicians shall be selected by the board, one by the claimant, and in the case of disagreement of the two physicians so selected, a third physician, with like qualifications, shall be selected by the two first named physicians, or upon their failing to agree upon a selection, by the board. The decision of a majority of the physicians so selected shall govern and be determinative. Qualifications for benefits. In the event it is determined, by the method aforesaid, that said claimant is permanently and totally disabled, and he is placed upon the pension list, the member, so pensioned, shall at the instance and direction of the board, be subject to periodic physical re-examinations in the same manner as provided herein for the original physical examination, and if then found able to actively perform the duties or services that he was performing for the county at the time his disability was sustained, or duties or services of a character similar and at reasonably near compensation to that performed at time of disability,

Page 2919

the board may order that he return to active service with the county and that his pension payments be discontinued during the period of such active employment. In the event the member so ordered by the board to return to active employment with the county fails or refuses to do so within thirty (30) days of written notice so to do, the right of the member to disability payments shall be conclusively and for all time terminated. In the event such member shall return to active employment with the county as ordered by the board, he shall resume payment of contributions then required by the pension plan and shall likewise be entitled to further service credit during the time he remains in the active service of the county. Such member shall not be entitled to other retirement benefits of the plan save by relinquishment of any and all rights to any disability benefits. (2) No pension payments for total and permanent disability shall be paid under this plan if it be found that the claimant's disability was caused by the claimant's wilful misconduct or self-inflicted injury, or grows out of a claimant's attempt unlawfully to injure another, or commission or attempt at commission of a felony under the laws of this State or of the United States. (3) No payments for total or permanent disability from external causes suffered in line of duty and in performance of duty shall be paid for the period for which the claimant receives payment, or for the period computed in a lump sum payment, under the Workmen's Compensation Laws of Georgia and as the same may be amended. (4) No pension under this plan shall be paid to any person so long as such person is being paid other pension or retirement benefits under this plan, or under any other pension or retirement plan which is supported in whole or in part by taxation of any kind or character levied by any State, any political subdivision thereof, the United States or any agency thereof, excepting only such benefits as may be payable under the federal Social Security Act and such disability compensation, death

Page 2920

benefits or retirement pay arising out of and incident to service in the armed forces of the United States. The word taxation, as used herein, shall not include fees, fines or forfeitures. (5) Pension or retirement payments shall not be made to any member while an active employee or officer of the county. (6) All questions arising concerning this plan or incident thereto, for the solution of which specific provision has not herein been made, shall be conclusively resolved in the manner provided in Section 7 hereof. Section 7. Rules and regulations. Board committee. Pension board . The Board shall have full power and authority to pass all reasonable rules and regulations, not inconsistent with the provisions of this Act, and shall administer the terms of this Act, the pension plan provided hereby, and such rules and regulations as it may prescribe, through and by means of a committee of three (3) of its members whose decisions upon any such question concerning the Act, the plan or such rules and regulations shall be final unless appeal therefrom is made as hereinafter provided. Rules and regulations. Within thirty (30) days after the effective date of this Act, official and employee members of the pension plan shall call, hold an election, elect and certify to the board three (3) member persons who shall serve in an advisory capacity to the board committee described above and shall together with the board committee compose the pension board. Such member persons shall serve for a period of one year and until members elected in their stead are elected and certified, vacancies being filled for unexpired terms by elections similarly called and held as the one herein above specified within thirty (30) days of the vacancy, and successors for similar terms to be selected at annual elections similarly called and held thirty (30) days prior to the expiration of regular terms of office. Committees.

Page 2921

Any person, aggrieved by action of the board committee, shall have the right of appeal by giving written notice within ten (10) days of the action complained of, to the pension board above described or, if no pension board exists through failure of member employees and officials to elect their three representatives, then to the full membership of the County Board of Commissioners for the County of Bibb. In the event of equal division of opinion in the pension board or in the County Board of Commissioners for the County of Bibb and to whom the appeal is addressed, the Judge of the Superior Court of Bibb County, senior in point of service, shall be consulted and shall cast the deciding vote. Appeals. The decision of the board committee, without appeal, or the decision of the pension board or of the County Board of Commissioners for the County of Bibb, as the case may be, upon appeal, shall be final, conclusive and determinative of the question or questions involved and of the rights of the party or parties affected. Section 8. Payment of benefits and exemption of funds and benefits . All benefit payments save those described in Items (4), (5), (6), and (7) of Subsection (a) of Section 6, shall be paid monthly. No benefit payment or portion of the pension fund contributed by member employees or officials shall be subject to assignment, garnishment, attachment or other proceeding of any kind or character by any person, firm or corporation whomsoever save by and at the instance of Bibb County and then only for money lawfully owing to it by any particular member and then only to the extent of such member's benefit payments and contributions to the pension fund. Section 9. The County Board of Commissioners for the County of Bibb are hereby authorized to levy an

Page 2922

ad valorem tax with respect to all taxable properties in Bibb County for the purpose of fulfilling the obligations imposed upon Bibb County by this Act and assumed by it pursuant to the authority granted herein. Section 10. If this Act or any portion of it or the application of said Act or any portion of it to any person or circumstance shall be declared invalid, the remainder of this Act and application of such invalid portion to other persons and circumstances shall remain unaffected. This Act shall become effective on the first of the month next following after its passage and approval. Section 11. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say That they, and each of them, and Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 23rd, October 30th and November 6th, 1953. /s/Andrew McKenna /s/ John B. Harris, Jr. /s/ Denmark Groover, Jr.

Page 2923

Sworn to and subscribed before me this the 18 day of November, 1953. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notarial seal affixed. Public Notice. Please take notice of the intention of the County Board of Commissioners for the County of Bibb to apply for passage and approval, at the next meeting of the General Assembly of Georgia, of legislation, affecting Bibb County, as follows: (1) An Act to repeal the pension laws affecting Bibb County employees (Ga. Laws 1949, p. 1371, and as amended) preserving, however, the vested rights of employees in such pension laws; (2) An Act to authorize the inclusion of Bibb County employees within the coverage of the Federal social security system, and, in connection therewith, authority to Bibb County to make contract commitments, contributions and payments, including assurance fund deposits and payments necessary to secure past service credits; (3) An Act to establish a pension plan for Bibb County employees and to authorize Bibb County to make contributions in connection therewith; (4) An Act to amend an Act of the General Assembly of Georgia (Ga. Laws 1949, p. 91) so as to increase the compensation of persons presiding in lieu of or in addition to the Judge of the City Court of Macon from $10.00 to $20.00 per day and, where such person is a non-resident of Bibb County to authorize payment, in the discretion of the county commissioners, of expense actually incurred by such person in so presiding; (5) An Act to regulate or to authorize the governing

Page 2924

authority of Bibb County to regulate and enforce or to enforce regulations promulgated by the Macon-Bibb County Zoning and Planning Commission, concerning standards and conditions for the planning, construction, drainage, surfacing and maintenance of roads in private subdivisions intended for public use or the common use of lot owners in such subdivisions; to authorize the requirement of deposits or contract commitments concerning such matters and to provide means and methods for enforcement and for punishment of violators; (6) A constitutional amendment to authorize the General Assembly of Georgia, from time to time, to delegate to the governing authority of Bibb County legislative powers and functions. (7) A constitutional amendment increasing and changing the personnel and powers of the Macon-Bibb County Board of Health, and providing means and methods for enforcement and punishment for violators; (8) A constitutional amendment to authorize the governing authorities of Bibb County to establish building, electrical, and plumbing regulations for that portion of the county lying outside of the corporate limits of the City of Macon, to vary such regulations in different localities in such portion of the county, and either separately or in conjunction with the City of Macon and/or the Macon-Bibb County Board of Health and/or the Macon-Bibb County Zoning and Planning Commission, to establish methods and provide personnel for enforcement of such regulations or any of them, and to provide means for prosecution and punishment of violations of such regulations or any of them. Marvin L. Newberry, Clerk, County Board of Commissioners for the County of Bibb.

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State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county /s/ 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. October 23, 1953. October 30, 1953. November 6, 1953. Signed /s/ Florence J. Scott Sworn to and subscribed to before me this 11th day of November, 1953. /s/ Anna J. Harris Notary Public, Bibb County, Georgia. Seal. Approved December 22, 1953. HAZLEHURST CHARTER. No. 801 (House Bill No. 859). An Act to amend, consolidate and supersede the existing charter of the City of Hazlehurst, incorporated as the City of Hazlehurst, Georgia, by an Act approved August 18, 1919 (Georgia Laws of 1919), as amended by the various amendatory Acts thereof, so as to supersede all of said Acts aforesaid; to create a new charter of said City of Hazlehurst; to preserve the corporate name and organization of said City of Hazlehurst; to provide that no valid existing ordinance, rule or regulation of said city not inconsistent with this charter shall be affected; and that no contract, bond, debt or

Page 2926

other obligation of said City of Hazlehurst shall be modified, affected or changed by this charter; to designate and establish the corporate limits of said city; to confer extraterritorial jurisdiction upon said city within designated territory; to confer upon said city the right of eminent domain within designated corporate limits and as designated in the extraterritorial limits; and the right to acquire and own property within and beyond the designated areas; to enter into contracts with respect to property; to prescribe the rights, powers, government and jurisdiction of said city; to exercise its police powers and to regulate all matters, things and offenses authorized by municipal governments and incident to such government; to provide for a board of commissioners, and to give and grant to such commissioners the power to make all rules, regulations and ordinances to protect the health of the public, and to regulate the sale and distribution of milk in said city; to provide regulations of fire hazards and punishment for violations of all rules, regulations and ordinances; to provide for the regulation of all trades, businesses, callings and professions to the extent authorized by municipal governments; and the registration and issuance of license, with power of revocation; to provide for the regulation of animals and for the power to impound and sell the same; to provide for a dog tax and treatment; and to prescribe penalties for violation; to provide for traffic and railroad train regulations as well as speed, parking and travel; to provide for franchises; to provide for use of firearms and fireworks; to provide for the levy and collection of taxes by said city; and the assessment of real and personal property for taxation; to authorize the board of commissioners to establish fire limits and to regulate the construction of buildings, plumbing, electrical wiring and all things incident to such buildings and service connections; to provide for the creation of four political wards; to provide the qualifications of voters in said city; to provide for a board of registrars of said city; to provide for elections and holding elections, and declaring the results

Page 2927

of elections with said city; to provide for the election of a commissioner from each of said four political wards, and one at large who shall be the mayor; to provide that said commissioners shall have authority, and shall govern said city, either themselves or by their appointment and delegation of such authority, under their direction, to a city manager; to prescribe qualifications, term of office and compensation of the board of commissioners; to provide, in the event of the appointment of a city manager, his qualifications, term of office, manner of election and compensation; to prescribe the manner of choosing city officials and employees, and prescribe their terms of office, qualifications and compensation; to provide that the present officials of the city serve for the terms specifically designated in this charter; to provide for a recorder's court; to provide for the election and appointment of a recorder by the board of commissioners, and to designate the term of office, qualifications, duties, powers and compensation; to provide for a jail, guard house and other places of detention; to provide for a city chaingang and work thereon; to provide for a city attorney, city physician; to provide for a board of tax assessors of said city; to prescribe their qualifications, terms of office, powers, duties and compensation; to provide for a board of health, and to prescribe their qualifications, terms of office, powers, duties and compensation; to define a nuisance, and to provide for the removal and abatement thereof; to provide for a cemetery and assessments for its maintenance; to provide for the maintenance and operation of waterworks system of said city; construction of water mains and distribution of water within and without said city; to provide the board of commissioners with full authority to fix charges for water and provide for the collection thereof and all things incident to such a water system; to provide a sinking fund to retire the bonded debt of said city, and to continue the plan and contract for the collection of water and sewer tolls and the payment of the water and sewerage revenue certificates; to provide executions in favor of said city for all debts

Page 2928

or obligations due it by any person, firm or corporation, for water, sewer rent, or other indebtedness of any kind whatsoever, including taxes and assessments of all kinds; to provide for the advertisement and sale of property thereunder, the execution of deeds and other conveyances of the property sold, and the placing of the purchaser in possession; to provide authority of the board of commissioners to have repaired, changed or paved, by contract or otherwise, the streets and alleys of said city; to provide for recall of any elected official, to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the corporate limits of the City of Hazlehurst shall be and is hereby defined and described as beginning at a concrete post on the northwest boundary of the right-of-way of Burkett's Ferry Public Road at a point 4505 feet (straight line) from the center of the intersection of Latimer and South Williams Street near the southwest corner of the city hall of said City of Hazlehurst (said designated point being located by a survey made by E. E. Singletery, surveyor, with the courses, distances and angles from which said straight line was ascertained as follows: Commencing at center of the intersection of Latimer and South Williams Streets as aforesaid and running north 43 degrees west 2324.2 feet to a point at end of Latimer Street; thence at an exterior angle of 40 degrees 43 minutes to the left, said line running north 83 degrees west a distance of 1070.4 feet to a point on the Burkett's Ferry Public Road; thence at an exterior angle of 11 degrees and 24 minutes to the right, said line running north 72 degrees west a distance of 1331.7 feet to a concrete marker which is the established beginning point of said city limits; and from said beginning point of said corporate limits, running at an angle of 60 degrees to the right, north 47 degrees 15 minutes east a distance of 5592 feet more or less to a concrete post on the northeast side of the right-of-way of U. S. Highway Number 23, said post being 6032 feet (straight line) from the `tie-in-point' at Latimer and

Page 2929

South Williams Streets near the city hall; thence at an exterior angle of 52 degrees to the right, running bearing of south 83 degrees and 45 minutes east a distance of 3222 feet more or less to a concrete marker on the southeast side of right-of-way of State Highway Number 135, said marker being 6460 feet (straight line) from the `tie-in-point' at Latimer and South Williams Streets near city hall; thence at an exterior angle of 41 degrees to the right and bearing south 42 degrees 45 minutes east a distance of 3890 feet more or less, to a point; thence at an exterior angle of 34 degrees to the right and being a bearing south 6 degrees 00 minutes east a distance of 4596 feet, more or less, to a concrete post on the northeast side of the right-of-way of U. S. Highway Number 341, and said point being 6580 feet (straight line) from the `tie-in-point' at Latimer and South Williams Streets near city hall; thence at an exterior angle 85 degrees to the right, and bearing of south 79 degrees 00 minutes west a distance of 3615 feet, more or less, to a concrete marker at the end of Curry Street, said marker being 3790 feet (straight line) from the `tie-in-point' at Latimer and South Williams Streets near city hall; thence at an exterior angle of 53 degrees to the left and being a bearing of south 27 degrees 45 minutes west a distance of 2347 feet, more or less, to a concrete marker on the northeast side of the right-of-way of State Highway Number 15, and said point being 5010 feet (straight line) from the `tie-in-point' at intersection of Latimer and South Williams Streets near city hall; thence at an exterior angle 53 degrees to the right and a bearing of south 79 degrees 00 minutes west a distance of 4135 feet, more or less, to a concrete marker on the northeast side of the right-of-way of the Old Hazlehurst-Douglas Public Road, said marker being 5970 feet (straight line) from the `tie-in-point' at intersection of Latimer and South Williams Streets near city hall; thence at an exterior angle of 73 degrees to right, and being a bearing north 35 degrees 15 minutes west a distance of 1738 feet, more or less, to a concrete marker on the southeast side of the right-of-way of State Highway Number 135, and being 5020 feet (straight line) from the `tie-in-point' at the intersection

Page 2930

of Latimer and South Williams Streets near city hall; thence at an angle of 180 degrees, bearing of north 35 degrees 15 minutes west a distance of 1535 feet, to a point on the south side of the right-of-way of the Hazlehurst-Broxton Public Road, and being 4675 feet (straight line) from the `tie-in-point' at intersection of Latimer and South Williams Street near city hall; thence at an angle of 180 degrees bearing 35 degrees 15 minutes west a distance of 1870 feet, more or less, to a concrete marker on the south side of the right-of-way of a county highway running by Rogers Farms and being 4850 feet (straight line) from the `tie-in-point' at intersection of Latimer and South Williams Streets near city hall; thence at an exterior angle of 42 degrees to the right, bearing north 3 degrees 30 minutes east a distance of 3210 feet, more or less, to the point of beginning at Burkett's Ferry Public Road, and in addition to the corporate limits designated aforesaid, and for the purpose of protecting the peace, good order, morals, well being of said city and the inhabitants thereof, and the protection and supervision of its sewerage disposal plant, and outside sewerage and water service, the corporate limits, for jurisdictional purposes with no taxing or assessment rights, shall extend to and over all lands controlled by said City of Hazlehurst for waterworks, sewerage, drainage or cemetery purposes outside of the corporate limits described as corporate limits, and the governing authorities shall have full authority and power to make and enforce all laws, bylaws, rules and regulations as considered necessary and proper to protect the land, premises, and all rights and interest therein as completely as if the same were located within the defined and described corporate limits of said City of Hazlehurst. Jurisdiction outside limits. Section 2. Be it further enacted by the authority aforesaid, that the inhabitants within the territory described aforesaid, are hereby contained as a body politic and corporate government, under the name and style of the City of Hazlehurst, with powers to govern themselves by such ordinances, bylaws, rules and regulations as they deem proper, not in conflict with this charter, the Constitution and laws of the State of Georgia or of the

Page 2931

United States, and shall have perpetual succession, and is hereby invested with all rights, powers and privileges incident to municipal corporations of the State of Georgia, and all the title, property rights, easements and powers now held, belonging or appertaining to the City of Hazlehurst as now incorporated shall pass to and be held and enjoyed by the City of Hazlehurst under the provisions of this charter. General powers. Section 2. A: That the City of Hazlehurst, be, and it is vested with the right to contract, and be contracted with, to sue and be sued, plead and be impleaded, to have and use a common seal, to make and enact through its board of commissioners, such ordinances, bylaws, regulations and promulgations for the government and management of said city. Section 2 B: That the City of Hazlehurst, be, and is vested with the right and power to purchase, hold, rent, lease, receive as a gift, sell or exchange, or enter into contracts with respect to any property, real or personal, within or beyond the corporate limits of said city, and to do all acts and things desirable to promote the municipal corporate purposes, and to have all rights, powers, functions, privileges and immunities held and enjoyed by municipal corporations of the State of Georgia, without limiting the generality thereof by the particularization in the various sections and subsections of this charter. Section 2 C: That the City of Hazlehurst is authorized to own and operate a system of waterworks; things incident thereto; a system of gas lines, meters and a sewerage system, disposal plant, and all things necessary and usual with such, with the right, power and authority to lease, purchase or condemn land for any of said purposes; to maintain, repair and extend such systems, within and beyond the corporate limits; the right to fix scales, fees and charges for such service, and to make rules and regulations for the use of water from said system, including the installation of meters measuring such service; to provide for use of sewerage system and payment

Page 2932

for such service; to discontinue any service upon non-payment of such charges, and to issue executions and enforce collections for such service, and do all other things requisite to the ownership and operations of any of such activities. Utilities. Section 3. Be it further enacted, that the corporate limits of the City of Hazlehurst shall be divided into four political wards described as follows: (a) First Ward: The first ward shall include all that part of the City of Hazlehurst lying north of the right-of-way of Southern Railroad and northwest of Coffee Street, northwest of U. S. Highway No. 23 to its intersection with North Tallahassee Road and thence to corporate limits on State Highway No. 135. Wards (b) Second Ward: The second ward shall include all that part of the City of Hazlehurst lying northeast of the right-of-way of the Southern Railway System within said city; south of Coffee Street; southeast of U. S. Highway No. 23 to intersection of North Tallahassee Road to corporate limits on State Highway No. 135. (c) Third Ward: The third ward shall include all that part of the City of Hazlehurst lying south of the right-of-way of the Southern Railway and South Tallahassee Street and south of the State Highway No. 135 to corporate limits on State Highway No. 135. (d) Fourth Ward: The fourth ward shall include and embrace all that part of the City of Hazlehurst lying south and west of the right-of-way of the Southern Railway within said city, north and west of South Tallahassee Street and north and west of State Highway No. 135 to corporate limits on State Highway No. 135. Section 4. Be it further enacted, that the municipal government of the City of Hazlehurst shall consist of a mayor, who shall be a member of the board of commissioners and shall be elected from the city at large by all of the voters qualified to vote in the election; a mayor

Page 2933

pro tem., who shall be a member of the board of commissioners, and shall be elected by the commissioners from among their number; one commissioner from each of the four political wards of the City of Hazlehurst as heretofore designated in Section 3, and subsections thereunder, or from wards as may be hereinafter changed, and all of whom shall be elected from the said political wards by the voters of said city, Provided, however, that a commissioner shall not be deemed elected or have any authority as a commissioner unless such commissioner receive a majority vote of the qualified voters of the ward from which elected. Mayor, mayor pro tem., Commissioners. (a) All of the commissioners, including the mayor, shall hold office for a term of two years (subject to other provisions of this charter) from the first day of January following the dates of their election, except for the first election hereunder and those so elected shall hold office as hereinafter provided. Terms. (b) The present officers, namely: A. E. Evans, acting mayor, W. C. King, J. O. Wooten and Joe R. Frazier, councilmen, shall remain in office subject to the provisions of this charter until March 1, 1954. Incumbents. (c) The first election under the terms of this charter shall be held on the second Wednesday in February, 1954, and those elected at said time shall hold office until January 1, 1956, and until their respective successors are elected and qualified, unless removed as herein provided. (d) All subsequent elections for city officials, except special elections, shall be held on the third Wednesday in December, each two years, (the first such election on the third Wednesday in December, 1955) and those elected at said time shall hold office until January 1, 1958, and until their respective successors are elected and qualified, unless removed as herein provided. Officials elected in December each two years shall commence the discharge of their respective duties on the first day of January following their election. Election.

Page 2934

(e) No person shall be eligible to represent any political ward unless such person has been a bona fide resident thereof for twelve months prior to the election wherein he or she is a candidate, and qualified as provided in subsection k as hereinafter provided, and should a commissioner, other than the mayor, remove his or her domicile from the ward from which he or she was elected, this shall operate to cause a vacancy in the office of the commissioner from that ward. Representation by ward. (f) In the event of a vacancy in any ward, either by removal of domicile or by failure to elect a commissioner as provided in Section 4, then and in that event the commissioners shall have the right, power and authority to name and appoint a commissioner from such ward for the term or remainder of the term for which such commissiioner would have been elected or for the unexpired term. Such appointment shall be made within 30 days after a vacancy, and the person appointed shall be such commissioner after he or she qualifies by subscribing to the required oath of office. Vacancies. (g) Qualifications of commissioners: Be it further enacted, and it is hereby enacted by the authority aforesaid, that no person shall be eligible for the office of Commissioner of the City of Hazlehurst unless he or she be a freeholder owning real estate in said city and has resided in said city not less than two years immediately preceding his or her election and shall be a qualified voter of said city, and qualified to subscribe to the oath provided for such officer, and shall continue a bona fide resident of said city and domiciled in the ward from which elected during his or her term of office. Qualifications. The name of a candidate for commissioner shall not be placed on the ballot, unless such person has filed with the clerk of said city, not less than 20 days prior to the election in which he or she desires to be a candidate (legal holidays and Sundays excluded) his or her written notice that he or she desires his or her name placed in said ballot as a candidate. Such written notice shall be in such form and contain such information as the

Page 2935

commissioners provide by ordinance. No person shall be eligible for the office of commissioner of said city unless such person shall file such notice within the time above provided, and certify that he or she is eligible under the provisions of the charter of the City of Hazlehurst. Such notice and application shall not apply in the event of an appointment by the commissioners as provided in this charter. (h) The mayor shall preside at all meetings of the board of commissioners, and in addition to all other duties given him or imposed upon the office of mayor by charter authority or municipal ordinance, shall have a voice in all proceedings before the commissioners, and shall have a vote in each and all matters and proceedings whatsoever, but no veto power. He shall have all rights, powers and privileges now or hereafter conferred by law, charter, or valid municipal ordinance as said mayor. Mayor and mayor pro tem. Whenever, from any cause the mayor shall be absent the mayor pro tem. shall act and shall have the same rights and powers as the mayor. (i) The mayor shall be recognized as the official head of the City by the Courts for the purpose of service of process and by the Governor and Federal Authorities, and for all ceremonial purposes. (j) Each member of the board of commissioners, except the mayor, shall receive a salary of sixty dollars per annum, payable in monthly installments; and, the mayor shall receive a monthly salary of twenty five dollars as mayor; and if designated as city recorder, may receive an additional salary as provided for such recorder. Salaries. (k) Before entering upon the discharge of their duties, each commissioner, including the mayor, shall take and subscribe to the following oath: I,, do solemnly swear that I am a citizen of the United States; that I have resided within the City of Hazlehurst for two years; that I do not and will not advocate the overthrow of the United States by force or violence; that I am not

Page 2936

a member of any organization and will not become a member of any organization that advocates the overthrow of the United States by force or violence; nor am I a member of any political party or organization which advocates the overthrow of our constitutional form of government in the United States nor will I become a member of such an organization; I further swear that I am not a Communist; nor a member of any Nazi Bund organization or have I ever been a Communist or a member of any Nazi Bund, nor am I a member of any organization or supported, directly or indirectly, or advocated any organization found to have had Communist leadership by any Congressional Committee on Un-American Activities or the Department of Justice, and that I will faithfully discharge all duties as commissioner to the best of my ability. Oath. The oath shall be recorded in the minutes before such commissioner shall be legally qualified to enter upon a discharge of his duties as a commissioner of the City of Hazlehurst. (l) All appointments and elections by the board of commissioners shall be viva voce and the vote recorded in the minutes of the board. The commissioners may determine its own rules of procedure, and shall have the power to adopt parliamentary rules for the conduct of business, and the board shall keep minutes of the proceedings of and before said board; a majority of the board shall constitute a quorum to do business, but less than a majority may adjourn a meeting to a future day certain. tings. (m) All meetings of the board of city commissioners shall be public and any citizen may have access to the minutes of the board and other municipal records at all reasonable times, during business hours. (n) At the first meeting of the commissioners in 1954, and thereafter on the first meeting of each year, the Commissioners shall elect all of the subordinate officers and employees as may be necessary for the protection of

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said city and the property interests thereof. They shall elect such officers for stated designated periods, not exceeding one year, but subject to removal in the sole discretion of the commissioners. At said time, unless provided in this charter, they shall stipulate the salary to be paid each of said officers and employees, and said salaries to all such must be paid monthly. [Illegible Text] and [Illegible Text]. (o) All power of legislation, and the appointment of all subordinate officers of the City of Hazlehurst shall be vested in commissioners, except they, if they so elect, may delegate and invest in a city manager, such administrative powers for the administration of the affairs of the city. (p) The commissioners, in their sole discretion, may name a city manager, who will be the chief administrative officer and the head of the administrative branch of the city government. He shall be elected on the basis of his executive and administrative qualifications, and need not be a resident of the City of Hazlehurst when appointed, but after such election and during his tenure of office shall reside within the city. City manager. (q) His appointment shall be for an indefinite term, and he may be removed by a majority vote of the commissioners. (r) The city manager may also be the clerk, treasurer and recorder, or any one or more of said officers as may be authorized by commissioners. (s) Before any city manager shall be qualified he shall give surety bond in the penal sum of not less than ten thousand dollars to be fixed and approved by the commissioners, and such bond shall be payable to the City of Hazlehurst, to secure and indemnify said city and any of the public, by reason of his default, misfeasance, or non-feasance in the performance of his duties, and shall be required to take the same oath as provided for commissioners.

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(t) That the commissioners shall by corporate resolution set out and stipulate the duties and responsibilities of the city manager, and when appointed and qualified said city manager shall have all such rights, powers and responsibilities as stipulated in such resolution of the commissioners, but at all times the city manager shall be subordinate to the commissioners, with no rights except such as delegated by the commissioners in the ordinance or resolution as hereinabove provided. (u) Subordinate officers who must be elected are as follows: Clerk, treasurer, city attorney, chief of police, chief of fire department, city physician, and two persons, who shall, with the city physician, be known and designated as the board of health, with rights and authorities as in this charter provided, and such as may be delegated to them by the commissioners, a city manager, (this officer being optional and in the sole discretion of the commissioners), three persons as tax assessors, and three persons to assess the taxes of the aforesaid members of the tax assessors; registrars, and all of such officers and employees shall be subject to removal by a majority vote of the commissioners. The clerk and treasurer may be the same person, and in the event of the appointment of a city manager, said city manager may be clerk, treasurer and police court recorder or any one or more of such officers as authorized by the commissioners. Elected. officers. (v) The commissioners shall hold regular meetings, at least monthly, at such times as designated by them, and three commissioners shall constitute a quorum, provided the mayor or mayor pro tem. shall be one of the number, but less than a quorum may adjourn from time to time and compel attendance of absentees. Meetings. (w) The mayor shall be the chief executive officer of said City of Hazlehurst and shall have general supervision over its affairs when the commissioners are not in session, and then only under promulgated resolutions of the commissioners. He shall see that all laws, ordinances, rules and regulations of the city are faithfully

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executed. He shall preside at all meetings of the commissioners, and shall have a vote in all matters. He shall have power to convene the commissioners in extra session whenever in his judgment the exigencies of the case require. He shall cause a official audit to be made at the end of each year, and such audit shall be open to inspection by any resident of said city at all reasonable business hours. He shall cause a budget to be made at the beginning of each year, prior to February 1 of that year, and therein show estimated incomes and expenses for the various departments of said city. He shall sign all deeds and contracts, and approve all bills and vouchers, but all such shall be submitted to the commissioners and obtain their approval before the mayor is authorized to execute vouchers, except salaries of the various employees and subordinate officers. Mayor's powers and duties. (x) The mayor shall have the right and authority to suspend, without notice, any one of such officers and employees, until the next regular meeting of the commissioners, and provided, that if such officer or employee is re-instated by the commissioners such officer or employee is not subject to suspension by the mayor, but at any time may be removed by the commissioners. Contracts, etc. (y) No member of the board of commissioners shall be directly or indirectly interested in any contract made with or by the City of Hazlehurst, or receive profit or emolument for any purchase or sale of material or other article paid out of the public revenues or for which the city becomes responsible, nor shall any member of the board of commissioners knowingly accept any gift, free tickets or pass from any person, firm or corporation doing business in said City of Hazlehurst. Section 5. Be it further enacted by the authority aforesaid, that the City of Hazlehurst, through its board of commissioners shall have the right and authority to condemn private property for any public purpose, within the corporate limit, for establishing public streets, sidewalks, parks, water or sewerage service, reservoir or structures necessary for public buildings; and shall have

Page 2940

the right and authority to condemn private property for its water system, sewerage disposal, sewerage lines, whenever the board f commissioners shall desire to take such action and declare the same necessary, and, said power and authority shall be exercised whether the land sought to be condemned be in the name and control of the owner, trustee, executor, administrator, guardian or agent; and all proceedings for such condemnation shall be in the manner provided by the law of the State of Georgia for condemnation of private property by towns and cities, and as contained in the Georgia Code of 1933, Title 36. Eminent domain. (a) That the City of Hazlehurst, through its board of commissioners, shall have the right and authority to negotiate for loans, and to borrow money, to pledge the property and assets of said city as security, and to execute such instruments evidencing and securing same as authorized in the resolution of said board of commissioners. Provided, such loans are in compliance with the Constitution and laws of the State of Georgia. oans. (b) Be it further enacted by the authority aforesaid, that the City of Hazlehurst, be, and it is hereby made responsible as a corporate body for all legal debts, contracts, and obligations for which said City of Hazlehurst as incorporated under the Act of 1919 and amendatory Acts of the General Assembly of the State of Georgia, are now obligated, and that all existing valid ordinances, rules, bylaws, regulations and resolutions not inconsistent with this charter shall remain in full force and effect until altered, amended or repealed by the Board of Commissioners of the City of Hazlehurst under this charter. [Illegible Text] [Illegible Text] (c) The board of commissioners shall have full power and authority to make all laws, ordinances, bylaws, rules and regulations relating to public buildings and grounds, public houses, the suppression of disorderly or houses of ill fame; the prevention and punishment of disorderly conduct; the conduct likely to disturb the peace and tranquility of any citizen of said City of Hazlehurst; the punishment of any person loitering on or about the

Page 2941

streets of said city; the inspection, regulation and prevention of the storage of gunpowder, tar, pitch, resin, oil, benzine, turpentine, nitroglycerine, dynamite and other combustible or explosive substances and materials; the building of bonfires; the regulation and prevention of fire crackers, torpedoes, roman candles, skyrockets and other fire works, and said commissioners shall have the right, authority and power to declare what shall be a nuisance, to abate the same, and provide for the punishment of any person who may create or continue such nuisance; to compel the owner of any stable, pig sty, cattle pen, sewer, or any unwholesome or nauseous houses, barn, stable, pen or place in said city to cleanse, abate or remove the same and to regulate the location thereof; to prohibit the slaughtering of any kind of animal in said city; to prevent keeping of cattle, horses, mules, chickens or any other animal within business or residential sections of said city, and to regulate where they may be kept; to establish and maintain quarantine against contagious or infectious diseases; to regulate existing cemeteries and establish new cemeteries and regulate same; to acquire lands by gift, bequeath or otherwise, and to contract with respect to such property and the use thereof, and do all other things desirable and necessary for the management and control of said city and its business as a municipal government; and for the security of the peace, health, morals, good order and general welfare of said city and the inhabitants thereof, and for the protection of the property, rights and interest of its citizens and of the city. dinances. Welfare powers. (d) The commissioners shall have the right and authority and full power to define and establish fire limits of said city and from time to time, in their sole discretion to extend and enlarge the same. Provided, however, that the present fire limits shall not be decreased in area. Fire protection. (e) Within the fire limits aforesaid, and within the fire limits hereinafter designated by the commissioners, it shall be unlawful to erect buildings or structures of any kind not fire-proof, or any galvanized tin building. Said commissioners shall have power to determine what

Page 2942

buildings and structures are not fire-proof. Should any person erect or cause to be erected within such fire limits any building or structure not fire proof, said commissioners shall, after giving such person five days' notice and opportunity in regard thereto cause the same to be removed at the sole expense and cost of the owner or owners thereof, and cause to be issued an execution for the cost thereof and cause said property to be sold in payment thereof. (f) The commissioners shall have authority to declare any building or structure or part thereof, located within the City of Hazlehurst, unsafe and dangerous and to condemn the same as such and cause the same to be repaired or removed at the expense of the owner or owners thereof, after first giving such owner or owners ten days written notice to repair or remove the same. (g) Any wooden awning within the business district, or within the designated fire limits is prohibited as a nuisance and fire hazard. (h) Said commissioners shall have the right of eminent domain and all rights and powers to condemn property exercised in accordance with this charter and Title 36 of the Code of Georgia of 1933. Eminent domain. (i) Said commissioners shall have full authority and the right to lay out, open, widen, straighten and otherwise change any street, alley or square within the City of Hazlehurst; to establish and fix systems of grading and draining any of the streets and alleys of said city, or other land within said city, and to condemn, as heretofore provided, for any of such purposes. Streets, sidewalks, etc. (j) Said commissioners shall have full power and authority to purchase, lease or condemn land and premises, water rights, rights of ways, easements, franchises, without and within the limits of the City of Hazlehurst, for the establishment or maintenance of sewerage lines, drainage lines, water lines, or either for such purposes. Water and sewerage.

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(k) Said commissioners shall have the right and authority to make laws and rules for maintaining, operating and carrying on its water system, and for supplying necessary water and electricity within said city, and for charging for water from the water system of said city. Provided: Every person shall be required to pay for water obtained from the water system of said City of Hazlehurst. (l) Said commissioners shall have the right and authority to make rules, regulations and provisions for work on the public streets and public works of said City of Hazlehurst, and provide rules and regulations for the working of persons sentenced to confinement at labor for violation of any law, or ordinance of said City of Hazlehurst. Street work. (m) Supplementing general authority heretofore given the commissioners, they shall have the right and authority to prevent, control and abate idleness and loitering within the City of Hazlehurst, and to provide and furnish any person or persons found guilty of loitering or vagrancy. Loitering. (n) The right and authority to make all rules, regulations and ordinances for the control of, inoculation, treatment and impounding and redemption or sale of any horses, mules, hogs, dogs or other animals with said city, and to impose and collect a tax on same. Also, when the owner of such animal fail or refuse to pay the impounding fee and the keep of such animal, said animal may be sold at public outcry before the city hall, and the proceeds applied to the payment of said impounding fee and the cost of keeping said animal. Said commissioners shall have authority to have killed or removed from said city such animals as have not been inoculated or treated or the taxes thereon unpaid, as well as to keep such animals from running at large on the streets; said commissioners shall have the right to prohibit, control and regulate in any and every manner the keeping of domestic animals with said city and to provide for punishment for each owner or owners. Animals.

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(o) The commissioners shall have authority to regulate the storing of all combustible or explosive material or substance, and to prevent the sale or use of fireworks; to regulate or supervise the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said city, provided, however, this section shall not apply to any citizen when defending or protecting his person or property. Firearms, explosives, etc. (p) The commissioners shall have the right and authority to levy and collect from itinerant traders, including fairs or carnivals, who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said city, and to provide for punishment for any such person or persons. Sponsorship of fairs, shows or carnivals by any local organization shall not limit the authority of the Commissioners to provide all necessary rules and regulations respecting any business, trade or calling, including shows and carnivals, or taxing same, except such as are specifically privileged by laws of the State, and this in no way shall limit protective regulations of the commissioners under police powers. Fairs, carnivals, etc. (q) The commissioners shall have authority by ordinance to levy, assess and collect sanitary taxes not in excess of the fair and reasonable cost of sanitary service furnished residents not owners of the premises where they reside, and, likewise to levy, assess and collect sanitary taxes not in excess of the fair and reasonable cost of sanitary services furnished for sanitary services rendered by the city to business houses, establishments, partnerships and corporations, and said sanitary tax shall be at a fair and reasonable rate for the services furnished and shall be uniform on each class of business and residents; and for the purpose of equitably fixing, levying, assessing and collecting sanitary taxes the commissioners are hereby authorized and empowered to classify residents, families, dwellings, individual businesses, professions, callings, trades, vocations, establishments, factories, stores, merchants and institutions within said city, and, said commissioners shall have power and authority to compel all owners of stores, business houses and other

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buildings used for business purposes within the city to install therein sanitary services sufficient to meet the requirements of occupants, tenants, and employees and patrons of such places. Sanitation. (r) The commissioners shall have the right, power and authority to provide for cleaning off and making and keeping sanitary, and free from fire and other hazard, any and all property, vacant or improved, within the corporate limits of said city; to provide for the removal from such property all debris, grass, weeds, or other growth, or other unsanitary or combustible matter or materials; to fix penalties upon owners and occupants of property in respect of such requirements; to provide for the performance of such services by the city and for assessment and collection of charges therefor; for the creation and assessment of liens against such property and the owners thereof for the collection of such liens. (s) The commissioners shall have the right and power to require and compel all toilets, water closets, privies and urinals within the corporate limits of said city to connect with and drain in the sewerage mains and sewerage pipes of said city, except where such fixtures or buildings in which they are located are more than three hundred feet from any sewerage service of said city; to have authority to provide and impose penalties upon the owners and occupants of property in respect of such requirements; for the creation and assessment of liens against such property and the owners thereof for the collection of such liens. (t) The commissioners shall have the right and authority to prescribe and regulate by ordinance the running and operation of all automobiles, trucks, busses, locomotives, and all vehicles of every kind, for the safety and protection of persons and property within said city; to prevent unnecessary noises from whistles, bells, or other contrivances that may disturb the peace and comfort of the citizens, and to prescribe for the necessary terminals and operation thereof Vehicles.

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(u) The commissioners shall have the right, power and authority to require any person, firm or corporation to obtain from said City of Hazlehurst a written permit to build, erect, repair or remodel within said City of Hazlehurst, any house, dwelling or any kind of structure, where the estimated or actual cost exceeds ten dollars. Said city, by and through its commissioners shall have the right and authority to prescribe the form of application for said permit and specify the information to be furnished by said applicant. Said commissioners shall have the right and authority to specify the kind, type, and materials to be used in such building or repairs and to refuse to grant any application for permit with or without any stated cause. They shall also have power and authority to provide for inspections of such buildings; all wiring and sewerage therein, and the right and power to provide penalties for the violation of any ordinances, rules and regulations regarding such permits. Building regulations. (v) The commissioners shall have the power and authority to prescribe rules and regulations for any and all water and sewerage connections within said city; to provide the type of materials, methods of installation, and provide for inspection and examination thereof, to provide penalties for violations thereof. Water and sewerage connections. (w) The commissioners shall have the right and authority to provide rules and regulations with respect to any and all electric wiring within said City of Hazlehurst, prescribe codes and provide for inspections and to provide penalties for violations thereof. Electric wiring. (x) The City of Hazlehurst shall have the right to own, control and maintain property, within or beyond the corporate limits of the city, for a cemetery and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery in the city, and to enact such ordinances and prescribe such rules and regulations considered necessary for the protection thereof, and shall likewise have authority to provide for the maintenance of such property. Cemeteries.

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(y) To prescribe and regulate the use of its streets and alleys; to classify and regulate the use thereof, according to classification; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle or conveyance on the streets of said city, sidewalks or ways thereof. Streets, sidewalks, etc. (z) The commissioners shall have the right and authority to move or cause to be removed, at the cost and expense of the owner thereof, any or any portion of any building, awning, steps or porch or other obstruction or nuisance in or near any public street, and to abate the same as a nuisance, and to provide for the levy and collection of all expense incident to the same. Nuisances. (zz) To require any person, firm or corporation, whether domiciled within said city or elsewhere, engaged in or carrying on, or who may engage in or carry on any trade, calling, business, trade, vocation or profession within the limits of said city by themselves, or agents to register their names and business, callings, vocations or professions annually, and to require them to pay a license to engage in or prosecute or carry on any such business, calling, vocation or profession in such amount as provided by ordinance; and to provide by ordinance for the punishment of all persons, firms or corporations failing to pay such license or occupation tax, who engage in, or offer to engage in such business, occupation or profession before registering and paying such tax or license, or failing to comply with all the requirements of such ordinance. Licenses. Section 6. Be it further enacted by the authority aforesaid that the commissioners shall have the right, power and authority to pass ordinances and regulations for the prevention of all crimes and offenses not made felonies by law and not in conflict with the laws or Constitution of the State of Georgia or the United States, committed within the corporate limits of the City of Hazlehurst, and to prescribe penalties for violation thereof in compliance with this charter. Penal ordinances.

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Section 7. Revenue-producing certificates. Be it further enacted that the Commissioners of the City of Hazlehurst shall have full power and authority to acquire, construct, improve and extend revenue-producing projects, systems such as water and sewerage, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for service, facilities and commodities furnished thereby and, in anticipation of the collection of revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities by the Revenue Certificate Law of 1937 of the State of Georgia and all amendatory Acts thereof. Revenue-producing certificates. Section 8. Increase indebtedness. Be it further enacted that no ordinance or resolution having for its object the increase of indebtedness of said city or for the expenditures of the revenues or moneys thereof shall take effect or become binding until the same shall have received a majority vote of the commissioners; and when any such resolution, order or ordinance is passed or made, any commissioner may give notice by a motion to reconsider the same, and such notice shall operate to delay the force and effect of the same until such consideration can be had at the next regular meeting of the commissioners. All such ordinances shall call for the ayes and nays and shall be recorded in the minutes of the meeting at which such action was taken. Increase of indebtedness. Section 9. Franchises. Be it further enacted that the commissioners shall have executive power and authority to grant franchises to a person or persons, firms or corporation for the purpose of erecting gas, light, telephone systems, and for any other purpose for which the public streets of the city are used. Provided such authority must be granted by unanimous consent of all commissioners and their approval duly recorded in the minutes of the meeting. Franchises. Section 10. Be it further enacted that the commissioners shall have the right, authority and power to provide for the registration of voters prior to any municipal

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election in said city; to make all needful rules and regulations for the same not inconsistent with this charter; to require that no person be permitted to vote unless registered as provided under such rules and regulations. Registration of voters. Section 11. Be it further enacted that the commissioners, by the particularization of the foregoing authorizations are not limited, but shall have power and authority to enact all ordinances to protect and advance the morals of said city; to secure peace, good order and quiet in said city, and to protect the health and dignity of said city, to prevent the spread, and to suppress infections, contagious or dangerous diseases in said city; to regulate, define and prohibit nuisances within said city; to provide for the quarantine in the treatment of contagious diseases, and to cooperate in the management and control of any public clinic for treatment of diseases and to contribute money to same, and do all things necessary for the promotion and development of said city. General welfare powers. Section 12. Vacancies. Be it further enacted that if the office of mayor or of any commissioner shall become vacant by death, resignation, removal or otherwise, the commissioners shall order a special election to fill the unexpired term and give ten days' notice thereof in a newspaper having a general circulation within the city; such election shall be managed and returned and the result thereof shall be declared and published as provided in this charter. Provided, there shall be no election for mayor or any commissioner if the office shall become vacant within six months of the expiration of the regular term thereof, unless such vacancy was created by a recall as provided in this charter; and, provided, further that in the event of an election for a commissioner and no candidate receive a majority vote in the city and a majority of the votes from the ward from which he or she was a candidate, or a commissioner removes from the ward from which he was elected, then, and in either such event the commissioner from such ward shall be named and appointed by the commissioners for the full or [Illegible Text] Vacancies.

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(a) In case of death, resignation, removal from office, or absence from the City of Hazlehurst of the mayor, the mayor pro tem. shall have full authority conferred and imposed upon the mayor until a mayor is elected and qualified. Section 13. Clerk. Be it further enacted that the Clerk of the City of Hazlehurst is authorized and shall receive all returns for property, chattels real or personal, assess all unreturned property for taxation, collect all taxes and licenses, franchises or other fees and dues, and perform all duties prescribed by the commissioners. Keep a careful and accurate record of all proceedings and actions of the commissioners, and furnish to the commissioners all information respecting such matters. He shall open his books at any reasonable business hour for inspection by any citizen of said city requesting to see the same. Clerk. Section 14. Tax returns. Be it further enacted that all persons, unincorporated partnerships and corporations, owning property, real or personal, within the corporate limits of the City of Hazlehurst, shall be required to make a return under oath, annually, on or before the first day of June of each year, to the board of tax assessors of said city, of all their property, chattels real or personal, as of January 1st of each year; and the book for recording the same shall be opened on the first day of March of each year and closed on the first day of June of each year. Such returns shall be made by the owner or an authorized agent upon forms furnished by the City of Hazlehurst, and such returns shall be at a fair value thereof, and all property, real or personal, within said City of Hazlehurst shall be subject to a tax not exceeding twelve mills. Tax returns. Section 15. Be it further enacted that it shall be the duty of the tax assessors to assess the value of all property, real or personal, at its fair valuation, and they shall have authority to assess all of such property, and they shall examine all returns made to them by the property owners and shall have authority to increase or decrease

Page 2951

the value of such returned property, and add thereto underturned property, and adjust such return as to show a fair valuation of such owner for taxation. They shall have the right and authority to place on the digest for tax purposes any unreturned property and to place a fair value thereon, and to add 10% for a failure for having made such return. Notice shall be given in writing to all persons, unincorporated partnerships and corporations whose tax returns were changed and to show what changes were made. Said notices shall be mailed to all of such persons, unincorporated partnerships and corporations, and when mailed in the United States Post Office at Hazlehurst, with the proper postage thereon shall constitute a legal notice to such owner. Assessmen (a) Appeal from assessment. Any owner, whose property has been assessed, shall have the right to appeal the assessment to the commissioners, provided such appeal is filed by written notice given to the city clerk within ten days after the date of such notice of change by the tax assessors; said notice of appeal shall state the contention of the property owner with respect to same, and such appeal shall be heard by the commissioners at their next regular meeting, unless continued for cause, and their decision shall be final except to a court of competent jurisdiction. The commissioners shall have authority to hear all such appeals and to fix such valuations as they deem fair and equitable. Appeal from assessment. (b) The tax assessors shall not have authority to assess the property of any one of their members, and the commissioners shall appoint a special board, three in number, who shall have all the powers of the tax assessors as provided in Paragraph 15 to act in making such assessments, with appeal from their decision as heretofore provided. Section 16. Tax executioners. Be it further enacted that tax executions, in such form as provided by the commissioners shall be issued against all persons, unincorporated partnerships and corporations and their respective property, real and personal, who fail to pay

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their respective tax due the City of Hazlehurst, by the 20th day of December in each year. All such tax executions shall be signed by the clerk bearing teste in name of City of Hazlehurst with same cost as charged by county, for tax executions, and the chief of police, and any policeman of said city or other officer or any sheriff or deputy sheriff of this State, shall have authority to execute and levy and sell as hereinafter provided. Tax executions. Section 17. Provisions for sales. Be it further enacted by the authority aforesaid, that all writs, subpoenas, rules nisi for forfeiture of bonds, processes, all executions issued for the collection of taxes, forfeitures, or for other purposes, directed to the Chief of Police of the City of Hazlehurst and all and singular the sheriffs and deputies of this State, signed by the clerk and bearing teste in the name of the City of Hazlehurst, and all property levied on under any such executions shall be sold before the city hall or at such place as prescribed by the commissioners, after advertising such sale by posting notice thereof in at least three public places in said city for not less than ten days before the date of such sale; such posted notice to include a statement of the time and place of such sale, and in the case of real estate, the sale thereof shall be advertised once a week for four weeks in the official organ of Jeff Davis County before selling the same, but no posted notice shall be required as in the sale of personal property. All such sales shall be at public outcry to the highest bidder for cash. All personal property sold shall be delivered to the purchaser upon payment, with no conveyance required. However, real estate sold shall be conveyed by deed passing as effectual title as deeds under judicial sales in this State and all such deeds shall be executed by and on behalf of the City of Hazlehurst by the mayor attested by the clerk, with the corporate seal of the city affixed thereto. Section 18. Be it further enacted that the police officers of said city shall have authority to make arrests, within and without the limits of said city of all persons violating any law or ordinance of said City of Hazlehurst,

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and to make arrests of all persons who have violated the penal laws of the State of Georgia, either with or without warrant. (a) Police officers shall hve the right and authority to release all persons upon bonds as provided aforesaid. (b) Police officers of said city shall be in uniform and shall have the right to bear arms, and no person not an officer, authorized by the commissioners of said city shall be authorized as officers. Police. (c) Policemen and such other officers as elected by the commissioners shall make bonds for the faithful performance of their respective duties as may be prescribed by th commissioners, and all such bonds shall be by a duly authorized surety or guaranty company, and before entering upon their respective duties all officers shall take and subscribe to an oath that such officer will faithfully discharge the duties to the best of his ability, and such oath shall be recorded in the minutes of the commissioners. Performance bonds. Section 19. City attorney. Be it further enacted that the commissioners shall have the right, power and authority to elect a qualified attorney at law to represent the city as such; to draft ordinances; prosecute offenders before the recorder's court, when requested by the recorder, and perform such other duties as may be required by the commissioners. The compensation of such attorney to be fixed by ordinance at the time of such appointment. City attorney. Section 20. City physician. Be it further enacted that the commissioners shall elect a practicing physician as city physician, and at said time, two citizens of said city, the three of whom shall be known as the board of health, and they or any of them shall have the right to inspect the premises of any citizen, prescribe such regulations for the sanitary protection of said city as they may see fit and proper, abate nuisances endangering the health of said city under the same conditions as may obtain

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for the abatement of nuisances by the commissioners; have orders of the board of health enforced by the policemen of the City of Hazlehurst, and shall have such other rights and authority, as may be conferred upon such board of health by ordinance of the commissioners as necessary for protection of the health and happiness of the people of the city. City physician. Board of health. Section 21. Be it further enacted that and there is hereby created a recorder's court for the trial of the offenses and for offenders against the laws and ordinances of the City of Hazlehurst; such court to be called the recorder's court, and at the first meeting of the commissioners after their election and qualification, they shall elect a city recorder, who may be the mayor or city manager, for the ensuing year, and until his successor is elected and qualified, and when so elected and qualified as hereinafter provided, shall have full authority as judge of such court for the administration of its affairs. He shall be at least 25 years of age and of good moral character, but need not be a practicing attorney. His salary shall be $25.00 monthly, and he shall take such oath as may be prescribed by the commissioners, and shall be subject to removal, with or without any stated cause, upon a three fourths vote of the commissioners. Any vacancy in the office of city recorder, by death, resignation, removal or other shall be supplied by appointment of the commissioners. Such city recorder, and in his disqualification or absence, any commissioner, may hold said court, and may exercise all the powers conferred by law or this charter upon the recorder. (a) The recorder or any authorized presiding officer of the recorder's court, may punish for any violation of a city ordinance or law by fine not exceeding $200.00, imprisonment not to exceed 90 days, to work in the chaingang on the public streets, or on such public works as the authorities may employ the chaingang, not to exceed 60 days, any one or more of these punishments in the discretion of the recorder or presiding officer of said court. Recorder's court.

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(b) When sitting as a court as a recorder, the judge or presiding officer thereof, shall have the power to punish for contempt by fine not exceeding $100.00, imprisonment in the manner prescribed as aforesaid not exceeding 30 days, one or both, or any part thereof, in the discretion of the trial court. There may be an appeal in any case from the recorder's court to the commissioners, and the judgment therein may be reviewed by certiorari to the Superior Court of Jeff Davis County, Georgia. (c) The Recorder of the City of Hazlehurst shall be authorized to issue warrants for any offense under any law or ordinance of the City of Hazlehurst or this State, and when the offense is against State laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a State court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the City of Hazlehurst, the arresting officer shall carry the case before the recorder's court, where same shall be disposed of as other cases of arrest not under warrant. All warrants issued by the recorder, or any one authorized to preside in the recorder's court, shall be directed to the Chief of Police of the City of Hazlehurst, any policeman or marshal thereof, and to all and singular the sheriff's, deputy sheriffs and constables of the State of Georgia, and any one of said officers shall have authority to execute such warrants. (d) The recorder, or any authorized presiding officer of the recorder's court, shall have power and authority to subpoena witnesses to attend the recorder's court, under the same rules and regulations that regulate and govern the superior courts of this State, to compel attendance, and to punish any witness who has been duly subpoenaed and fails to attend, under the provisions heretofore provided for contempt with respect to authority of the recorder to punish for contempt in the recorder's court. Section 22. Appearance bonds. Be it further enacted

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that any police officer of the City of Hazlehurst shall have authority to release any person arrested for a violation of any law, regulation or rule of said municipal government, upon such person giving a bond payable to the City of Hazlehurst in an amount and surety to be approved by the policeman or as directed by the city recorder, conditioned for the appearance of such person before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. Appearance bonds. Section 23. Forfeiture. Be it further enacted that if any person so released under appearance bond shall fail to appear for trial at the time therein named such bond shall be forfeited; and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court at a time not less than ten days from the date of such rule why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof, provided such person or persons are residents of said city, and such service may be personally or by mailing a written notice to such person or persons to their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the City of Hazlehurst and the recorder, and shall be directed to all police officers of said city and to all and singular the sheriffs and constables of this State, and the same when so issued shall be a lien upon all property, real or personal of such parties, and binding effect upon such property and of the defendants therein as if the same were issued upon judgments in the superior courts and shall be levied by any officer to whom it shall be directed. Provided, however, that any police officer of said city, when the emergency of the occasion demand it, require cash bonds for the appearance of such arrested person or persons, and upon their failure appear

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at trial thereof said cash bond may, in the discretion of the city recorder, be regarded as a fine and so assessed by said Recorder. Forteitures. Section 24. Enforcemnt of executions. Be it further enacted, that the commissioners shall have power and authority to enforce by execution the collection of any debt or claim due the City of Hazlehurst for taxes, water, sewerage rents, paving, license, fines, forfeitures, laying of water or sewerage mains or drains, for abating nuisances, removal of condemned buildings or parts thereof, and for all debts, levies and demands due said city. Said executions shall be issued in the name of said City of Hazlehurst and directed to any of such officers as provided herein for executing such executions, or to the chief of police or any marshal of said city, and any of such officers are authorized to levy and conduct sales in accordance with the laws governing sheriff's sales in Georgia; such sale to be held at or before the city hall, within said city, and shall be effective to pass title to the same extent as would be a deed of the person or persons, firm or corporation against whom the execution issued. The City of Hazlehurst may buy property sold under the same terms and provisions as is provided in the purchase of property by counties and the State of Georgia for tax sales. Enforcement of execution. (a) The commissioners shall have the right, power and authority to provide for executions against the property of any person, persons, firm, business or corporation who fail to pay when due to said city any tax, license, assessment, or any liability for the use of water; and all such executions shall operate as tax executions. Section 24. Expenses. Be it further enacted that the commissioners shall have no right, power or authority to contract annual expenses in excess of the annual income of said City of Hazlehurst. Provided, however, this shall not apply to self-liquidating obligations which are payable from revenue only. Expenses.

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(a) Commissioners shall have the right, power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of the State of Georgia; from funds arising from the sale of any bonds thus issued to establish and maintain a system of waterworks, sewerage systems, sewers, disposal plants, improvements, conveniences or necessity for the use and convenience of the citizens of said city; to create a debt and issue bonds of said city for any other lawful purpose under limitations herebefore stated and to levy a tax upon the assessed property in said city to discharge said debts not to exceed the limitations provided in the Constitution of Georgia in Section 2-6001 thereof. Bonds. (b) Before issuing any bonds as provided aforesaid, the commissioners shall, by appropriate resolutions or ordinances direct and provide that such bonds be issued and shall specify the purpose and amount thereof, the rate of interest to be paid annually, when to be paid, the terms and details of payment, and shall provide for the calling and holding of an election to ratify or disapprove the same, for the publishing of the notice of such election as provided by the laws and Constitution of the State of Georgia. Such elections may be called at any time or times for any one or more of the purposes aforesaid, and should the qualified voters of the City of Hazlehurst, in the manner and way provided by the laws and Constitution of the State of Georgia vote in favor of such bonds being issued by the commissioners, then and in such event said commissioners shall, at any time, prior to issuing the bonds authorized, provide for the assessment, levy, collection, during the life of said proposed 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 such bonds and series of bonds shall become obligatory and binding upon the City of Hazlehurst and tax payers, with all the qualities of commercial paper and the commissioners shall be authorized and have power to negotiate and sell any of said bonds, or series of bonds issued by said City of Hazlehurst, and the proceeds of said bonds, when

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sold shall be used only for the purposes for which they were issued, provided, however, no purchaser or holder of any of such bonds shall be required to see to the application of such fund. All such bonds, when issued shall be signed by the Mayor and Clerk of said City of Hazlehurst. Section 25. Be it further enacted that the commissioners shall have the right, power and authority to negotiate a temporary loan or loans and execute the note or notes therefor in the name of the City of Hazlehurst under the terms of an ordinance passed by the commissioners. Provided such loans shall not exceed the annual income of said city. Loans. Section 26. Sinking funds. Be it further enacted, that whenever any bonds are issued by said City of Hazlehurst, it shall be the duty of the commissioners 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 27. Registration. Be it further enacted, that it shall be the duty of the clerk of said City of Hazlehurst, 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 9 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 or her name on said book until said book be again opened following such election. It shall be the duty of the clerk, upon the application of the person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, and who upon the day of the election,

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if then a resident, will have resided in said city for 90 days prior thereto, to allow such person to register his or her name on said book, his or her age, occupation or business, and ward where domiciled. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: Registration. You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia not less than twelve months, in Jeff Davis County, Georgia, not less than six months, and in the City of Hazlehurst not less than ninety days, and that by the date of the next general election, if you are still a resident of the City of Hazlehurst, you will have fulfilled these conditions; that it is your intention to remain a resident of said city until the date of the next general election; that you are 18 years or more of age, and that you have made all returns required of you by the ordinances of this city; so help you God (a) It shall be the duty of the clerk to have said oath written or printed on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his or her name thereto or by someone authorized to do so for him or her and in his or her presence. However, no person registering in said book shall be required to again register as a qualified voter of said City of Hazlehurst so long as he or she remains a resident of said city, and does not disqualify himself or herself, it being intended to provide a permanent system or registration. (b) Registrars. Be it further enacted, that at the first regular meeting of the commissioners, said commissioners shall select and appoint three registrars, who shall be

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qualified voters of said City of Hazlehurst, and such selected and appointed registrars shall make and prepare a list of the registered and qualified voters of said City of Hazlehurst and furnish same properly certified to the clerk of said city, as hereinafter provided. Said registrars shall take and subscribe to an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in such form as prescribed by the commissioners, who shall likewise fix the compensation of said registrars. The term of office shall be for two years, and they shall meet and make up from the registration records a list of qualified voters prior to any election within said city. In making said list the registrars shall exclude the names of all persons found to have moved from the city since the date of their respective registration, or who have, if any way, disqualified themselves as legal voters. Said completed list, properly certified, shall be furnished to the clerk of said city not less than five days prior to any election, and said clerk shall certify that said list has not been altered or changed since coming into his possession and deliver same to the election managers. No person whose name does not appear upon said list shall be allowed or permitted to vote unless such voter shall produce a certificate signed by the registrars that his or her name was omitted by mistake or accident. Registrars. Voters' list. (c) Appeal. Be it further enacted, that any person shall have the right to appeal from the decision of the clerk, refusing such person the right to register; such appeal shall be made to the registrars within five days after the registration book shall have been closed prior to any election, and the registrars shall determine the eligibility of such person and their decision shall be final. Appeal. (d) The registrars shall have full authority to purge all registration lists in said City of Hazlehurst, removing all illegal voters, but shall give notice to all persons whom they have reason to suspect as having registered illegally or are disqualified for any cause, and give any such person an opportunity to be heard as to his or her

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eligibility. Provided, however, that said registrars shall have the right to remove the names of any deceased person or one who has moved from said city by preparing a list of any such removed persons and the reasons for removing their names, and filing said list with the clerk of the city. Purging of list. Section 28. Be it further enacted by the authority aforesaid, that any commissioners, including the mayor, shall be subject to removal during their respective terms of office whenever twenty five percent in number of the registered voters residing in the City of Hazlehurst as disclosed by the registration records of the preceding election shall so request in a petition filed in the office of the Clerk of the Superior Court of Jeff Davis County, Georgia. Upon the filing of such a petition 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 of registered voters and the list for recall and report same to the Judge of the Superior Court of Jeff Davis County, Georgia, the number of registered voters thereon in order to show 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 petition the said judge shall order an election to be held under the same rules and regulations as govern regular city elections. In this election the ballot shall be For the recall ofholding the office of Against the recall ofholding the office of. If a majority of the votes cast in said election are for recall of such officer or officers, his or their office is declared vacant at the moment these votes are canvassed by said judge and the result announced. The election managers shall make a return of the votes cast in said election within 24 hours 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, that office is vacated at the time the

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result is so declared by the judge as herein provided and the vacancy immediately exists. Such judge shall there and then 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 a city election, and at such election the official or officials who has or have been recalled is eligible as a candidate for re-election and the person or persons so elected shall hold office for the unexpired term. Recall. Section 29. Sale of land. Be it further enacted, that the commissioners of said City of Hazlehurst shall have power and authority to sell any property belonging to said City of Hazlehurst, and to make good and sufficient title to the purchaser. However, no such sale shall be made without first advertising same in the official gazette of Jeff Davis County, Georgia, once a week for four successive weeks, giving a description of said property; and the time when same will be offered for sale, and any person, firm or corporation may bid thereon, and it shall not be sold except to the high bidder. Provided, however, if no satisfactory offer is made the sale may be withdrawn. All matters not provided for in this charter shall be governed by the provisions of Title 69, Code of Georgia, 1933. Sale of property. Section 30. Be it further enacted that any real property which was given to the City of Hazlehurst by The B A W I Corporation or others and used as a factory may be legally conveyed to the contracting company or corporation upon a compliance with their respective contractsAny such conveyance or conveyances to recite the fact and the commissioners shall order a deed made by the City of Hazlehurst to be signed by the mayor and attested by the clerk and such conveyance shall convey said property in fee. Conveyances authorized. Section 31. Be it further enacted that the corporate seal of said City of Hazlehurst shall consist of two concentric circles, within which shall be the name City of Hazlehurst, and in the center thereof the word seal. Seal.

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Section 32. Be it further enacted by the authority aforesaid, that if any provision of this Act be declared invalid by a court of competent jurisdiction, the same shall not affect the remaining portions of said Act. Section 33. That all laws and parts of laws in conflict with this Act are hereby repealed. 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, and of the publisher, to the effect that said notice has been published as provided by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. Legal Notice. Notice of Intention to Introduce Local Bill. Note is hereby given that at the November session of the General Assembly of the State of Georgia, an Act will be introduced creating a new charter for the City of Hazlehurst and amending and superseding the Act of the General Assembly of the State of Georgia, approved August 18, 1919, and all amendatory Acts thereof, and among other things, designating and establishing corporate limits, confer extraterritorial jurisdiction within designated territory, right of eminent domain, right to acquire property within and beyond designated areas, to prescribe rights, powers, government and jurisdiction, to provide for a board of commissioners, terms, qualifications and to give such commissioners power to make all rules, regulations and ordinances in governing said city, and protecting the health of the public; to provide for fire hazards, fire limits; to provide for franchises; to provide for assessments of real and personal property for taxation; business and professional licenses; to provide for collection of taxes; to provide for changing terms of present mayor and aldermen; to provide for four political wards; election of a commissioner from each ward and one at large as mayor; to provide authority to commissioners to govern themselves or by appointment and delegation of such authority, under their

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direction, to a city manager; to prescribe qualifications, term of office of elected officials; to provide for a police court and a judge thereof; to prescribe terms, qualification and powers; to provide for a board of tax assessors, terms, duty and power, and other things incident thereto; to provide for a board of health, prescribe qualifications, terms, powers and compensation; to define a nuisance and provide for removal and abatement; to protect existing valid ordinances, obligations, and all other things deemed necessary and desirable to provide said City of Hazlehurst with a modern charter with full authority thereunder. This September 15, 1953. L. R. Ursery, Representative Jeff Davis County in the General Assembly of Georgia. State of Georgia, County of Jeff Davis. Before me, the undersigned officer authorized by law to administer oaths, personally appeared L. R. Ursery, who, after first being duly sworn, deposes and says that the attached and foregoing 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 said notice of intention has been published as provided by law in the Jeff Davis County Ledger, the official gazette of Jeff Davis County, and which said newspaper is published in the City of Hazlehurst. /s/ L. R. Ursery. Sworn to and subscribed before me, this November 16, 1953. /s/ Florrie Prescott N. P. Jeff Davis County, Georgia. Notarial Seal Affixed.

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I. J. E. Baynard, editor of Jeff Davis County Ledger, the official gazette of Jeff Davis County, Georgia, do hereby certify that the above and foregoing notice was published for 60 days in the Jeff Davis County Ledger, commencing September 15, 1953. /s/ J. E. Baynard Editor, Jeff Davis County Ledger. Be it resolved by the Mayor and Council of the City of Hazlehurst, that a committee composed of John Rogers, Chairman, L. R. Ursery and Gordon Knox, Jr., were appointed by the mayor and council to draft a new charter for the City of Hazlehurst; such charter being necessary in view of the fact that its existing charter was passed in 1919; that said committee has drafted a charter and submitted the same to the Mayor and Council of the City of Hazlehurst, and they have considered same, and by unanimous vote hereby request that the Honorable L. R. Ursery, Representative of Jeff Davis County introduce the same, and that he with Dr. J. T. Holt, Senator of this district have said charter passed at the present session of the General Assembly of Georgia. I, D. G. Lacey, Clerk of the City of Hazlehurst do hereby certify that the above and foregoing resolution was passed as aforesaid and that it has been duly recorded on the minutes of the City of Hazlehurst. In witness where of I have hereunto set my hand and seal of my office, this November 14-1953. /s/ D. G. Lacey Clerk, City of Hazlehurst. We, the undersigned, being the Acting Mayor and all members of the Council do hereby request the passage of the charter of the City of Hazlehurst as drafted by the committee aforesaid. /s/ A. E. Evans Acting Mayor /s/ W. C. King /s/ J. O. Wooten

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/s/ L. R. Ursery /s/ J. R. Frazier Councilmen Notarial seal affixed. I, D. G. Lacey, Clerk of the City of Hazlehurst was the duly elected Mayor and that I resigned and was appointed clerk of the city and I likewise request the immediate passage of the proposed charter. /s/ D. G. Lacey, Clerk. Approved December 22, 1953. ATLANTA CHARTER AMENDED. No. 810 (House Bill No. 1022). 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 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.

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Section 2. Each of the wards, as established by the Act of the General Assembly (Ga. Laws 1952, pp. 2635-2643) shall have two aldermen, who shall be bona fide residents of the City of Atlanta for one year and from the ward from which they were elected six months prior to the date of the general election. Any person who was a bona fide resident of the area embraced by a particular ward as defined in the foregoing Act shall be deemed to be a resident of said ward six months prior to January 1, 1954. Residence qualification of aldermen. Section 3. Any Judge of the Municipal Court of Atlanta, who shall have attained the age of 70 years and shall have been in service as a judge of said court or of the Recorder's Court of the City of Atlanta, Georgia, for a period of 32 years, and shall have retired, shall be eligible for appointment and shall be appointed to the office of Judge Emeritus, Municipal Court of Atlanta. Such judge shall receive from the City of Atlanta, in addition to his pension, an annual salary of $2,000.00 per annum, which may be divided into monthly or semi-monthly payments. Judge Emeritus, Municipal Court. Section 4. Effective with the year 1954 and annually thereafter, the mayor and board of aldermen shall provide each member of the fire department with $100.00 for the purchase of uniforms. This provision shall be in addition to the compensation provided for the members of the fire department. Firemen's uniforms. Section 5. That the provisions of said charter, as amended, relating to the assessment authorized where a sewer is laid in any street, as set forth in Section 6 of an Act of the General Assembly, approved February 15, 1952 (Ga. Laws 1952, p. 2678) be and the same is hereby amended to read as follows: Section 6. In all cases where a sewer shall be laid by or under the authority of said city in any street, the sum of $3.50 per lineal foot shall be assessed upon the property and estates respectively abutting on said street, on each side of said street, in which said sewer is laid or constructed,

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and in consideration of the payment of said assessment, the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewage into said sewer. The remaining costs of all sewers not thus assessed shall be paid by said city out of the sewer appropriations for the year. Sewer assessments. Section 6. The board of aldermen shall be the judge of the election, returns and qualifications of its members, and shall have power to punish them for disorderly behavior or misconduct by suspension, censure or expulsion; but no member shall be expelled except by a vote of two thirds of the entire membership of the board of aldermen. Board of aldermen. Section 7. The assignment by the chief of police of a patrolman or an officer to a position of higher rank, such as acting captain, shall not be deemed a promotion within the meaning of the civil service laws, and such person shall obtain no civil service rights to the higher position to which he is assigned. Police. Section 8. In addition to all other powers conferred upon the City of Atlanta by this charter, as amended, the said city is authorized to acquire property beyond the corporate limits of said city, either by purchase, condemnation or otherwise, and to develop the same for parks and recreational purposes. Parks. Section 9. 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 by detaching and disconnecting from the territory heretofore annexed to and incorporated in the City of Atlanta all that tract of land being in the 14th District of Fulton County, and being more particularly described as follows: Territory excluded from corporate limits. Beginning at the southeast corner of Land Lot 219 and running thence north along the east line of said Land Lot 219 and the present western city limit line of the City of East Point a distance of 550 feet; thence southwestwardly

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2850 feet to the west line of said Land Lot 219; thence south along the west line of said Land Lot 219 a distance of 200 feet to the southwest corner of said Land Lot 219; thence east along the south line of said Land Lot 219 a distance of 2800 feet, more or less, to the point of beginning, and by amending the City of Atlanta limits lines accordingly. Description. Section 10. 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 by disconnecting and detaching from the territory incorporated into-the City of Atlanta all of that tract of land situated, lying and now being in the City of Atlanta in Land Lot 186 of the 14th District of Fulton County, and known as the East Point rock quarry property, and more particularly described by the following boundary line: Beginning at a point on the south line of Land Lot 186 a distance of 1420 feet west of the southeast corner of said land lot, and running thence north along the east property line of said City of East Point rock quarry property 1593 feet; thence west 1134 feet; thence southeast 1537 feet, along the southwestern property line of said City of East Point to the south line of said Land Lot 186; thence east along the south line of said land lot a distance of 854 feet to the point of beginning, and by amending the Atlanta City limits line accordingly. Description. Section 11. The city limits of Atlanta are hereby amended so as to exclude therefrom the following described territory: Beginning at a point on the west line of Land Lot 67 of the 14th District of Fulton County four hundred (400) feet south of Mt. Zion Road and running, thence, easterly, parallel with Mt. Zion Road, to a point on the west side of the south leg of the Expressway four hundred (400) feet south of Mt. Zion Road; thence, southerly along the west side of the south leg of the Expressway twenty-five hundred (2,500) feet, more or less, to a point

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on the south line of Land Lot 67; thence, west along the south line of Land Lot 67, eight hundred and fifty (850) feet, more or less, to the southwest corner of Land Lot 67; thence, north along the west line of Land Lot 67, twenty-four hundred (2,400) feet, more or less, to the point of beginning. Description. Section 12. The City of Atlanta retains all water mains installed within said area by the City of Atlanta and is hereby given authority to sell said mains to the City of Hapeville should Hapeville desire to buy them. If Hapeville does not desire to buy said water mains the City of Atlanta is hereby given an easement in all streets embraced in the above area in which water mains have been laid for the purpose of servicing and protecting said mains. Section 13. This Act shall be effective January 1, 1954. 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 newspaper in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. This 3 day of December, 1953. /s/ Hamilton Lokey Sworn to and subscribed before me, this 3 day of Dec. 1953. /s/ Frances Y. Read Notary Public, The following is a printed copy of the published notice:

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Notice of Intention to Apply for Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945, notice is hereby given of intention to apply for local legislation at the session of the General Assembly of Georgia which will convene on November 16, 1953, for the enactment of an amendment to the Act approved February 28, 1874, establishing a new charter for the City of Atlanta and the several Acts amendatory thereof, to repeal conflicting laws and for other purposes. Any matter germane to this general subject may be included in said legislation or by amendment thereto. This 16th day of October, 1953. G. Everett Millican Senator, 52nd District Hoke Smith, Muggsy Smith and Hamilton Lokey, Representatives from Fulton County. Oct 21 28 Nov 4 11 Approved December 22, 1953. AMERICUSTAX RATE. No. 813 (House Bill No. 944). 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, and as amended February 17, 1949, February 8, 1950, February 5, 1951, February 12, 1952 and March

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2, 1953, 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 so as to increase the tax millage as provided in said Act, as amended, from thirteen and one-half (13) mills to seventeen (17) mills; to provide that this Act shall not become effective unless the same is submitted in a referendum and approved by a majority of the voters voting in said referendum; to provide the method of holding said referendum, 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: 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, and as amended February 17, 1949, February 8, 1950, February 5, 1951, February 12, 1952 and March 2, 1953, 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 be and the same is hereby amended as follows: By striking that paragraph of Section 1 of said Act, as amended, which reads as follows: 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

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amount of the total millage fixed, which it may deem necessary for each purpose, to wit: And inserting in lieu thereof a new paragraph as follows: That the Mayor and City Council of Americus be and it is hereby authorized to and it shall have full power and authority to prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said City of Americus not exceeding seventeen (17) mills on each dollar of the property taxable in said city for the purpose of raising revenue for the support and maintenance of the city government which it may allocate to each of the following purposes in the proportion it may deem necessary for each purpose, to wit: Ad valorem tax. Section 2. Be it further enacted by the authority aforesaid that Section 2 of said Act, as amended, be and it is hereby amended by striking therefrom the words and figures thirteen and one-half (13) and inserting in lieu thereof the words and figures seventeen (17) so that said section as amended will read as follows: 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 seventeen (17) mills shall remain the maximum millage allowed by law. Section 3. Be it further enacted by the authority aforesaid that this Act shall not become effective unless the same is approved by a majority of the voters voting in a referendum called by the Mayor and City Council of Americus for that purpose. Said referendum to be held on the second Tuesday in January, 1954, the same being January 12, 1954. Referendum. Section 4. Be it further enacted by the authority aforesaid, that notice of said referendum, registration of

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voters, qualification of voters, managers of said referendum election declaring the result of same and in all respects the holding of said referendum shall be the same as is now provided by law for holding bond elections by said city, and other laws of Georgia with reference to holding such elections. Section 5. Be it further enacted by the authority aforesaid that those favoring the adoption of this Act shall have written or printed on their ballot the words For approval of the Act of the General Assembly of Georgia increasing the tax millage from 13 mills to 17 mills and those against the adoption of this Act shall have written or printed on their ballot the words Against approval of the Act of the General Assembly of Georgia increasing the tax millage from 13 mills to 17 mills. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. State of Georgia, County of Sumter. Personally came before the undersigned officer, J. R. Blair who, after being duly sworn on oath deposes and says that he is the owner and publisher of The Times Recorder, a newspaper published and having general circulation in the County of Sumter and being the newspaper in which the sheriff's advertisements for said county are published and that the attached notice of intention to ask for local legislation was published in said newspaper on November 6th, 13th and 20th, 1953. /s/ J. R. Blair Sworn to and subscribed before me this November 20th, 1953. /s/ C. E. Pilcher Notary Public, State at Large, Georgia. Notarial Seal Affixed. Notary Public, Georgia, State at Large. My commission expires February 23, 1957.

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Legal No. 4386. Notice of Intention to Introduce Local Bill in the November, 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. The caption of said bill is as follows: An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority 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, and as amended February 17, 1949, February 8, 1950, February 5, 1951, February 12, 1952 and March 2, 1953, 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 so as to increase the tax millage as provided in said Act, as amended, from thirteen and one-half (13) mills to seventeen (17) mills; to provide that this Act shall not become effective unless the same is submitted in a referendum and approved by a majority of the voters voting in said referendum, to provide the method of holding said referendum and for other purposes. Approved December 23, 1953.

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CHATTAHOOCHEE JUDICIAL CIRCUITSOLICITOR-GENERAL'S COMPENSATION. No. 814 (House Bill No. 697). An Act to amend an Act approved August 20, 1917 (Ga. Laws 1917, p. 283), as amended, which Act provided a salary for the Solicitor-General of the Chattahoochee Judicial Circuit so as to increase the salary of the Solicitor-General of the Chattahoochee Judicial Circuit; to provide that such increase shall be paid solely by the County of Muscogee; to provide that the solicitor-general shall not be prohibited from receiving other emoluments paid by the State of Georgia; to clarify provisions relating to the salary of a clerk for the solicitor-general; to clarify the citation of laws; 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 salary for the Solicitor-General of the Chattahoochee Judicial Circuit, approved August 20, 1917 (Ga. Laws 1917, p. 283), as amended, particularly by an Act approved February 26, 1947 (Ga. Laws 1947, p. 137), and an Act approved February 25, 1949 (Ga. Laws 1949, p. 1673), is hereby amended by striking from Section 2, as amended, the figure $8000.00 wherever it appears and inserting in lieu thereof the figure $9750.00, and by striking the figure $5650.00 and inserting in lieu thereof the figure $7450.00, and by striking the figure $125.00 and inserting in lieu thereof the figure $150.00, and by striking the following: August 7, 1920, (sic) Georgia Laws 1917, pages 283, 284, 285, 286 and 287, and inserting in lieu thereof the following: August 20, 1917 (Ga. Laws 1917, p. 283) so that Section 2 when so amended shall read as follows: The salary of the Solicitor-General of the said Chattahoochee Judicial Circuit shall be $9750.00 per annum in addition to the salary of $250.00 prescribed in Paragraph 1,

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Section 13 of Article 6 of the Constitution of this State which said salary (additional) to the constitutional salary of $250.00 per annum shall be paid pro rata out of the general treasuries of the various counties composing said circuit, in the following proportion, to wit: Chattahoochee County shall pay the sum of $150.00; Harris County shall pay the sum of $800.00; Marion County shall pay the sum of $450.00; Muscogee County shall pay the sum of $7450.00; Talbot County shall pay the sum of $450.00; Taylor County shall pay the sum of $450.00. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters in each of the said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to the solicitor-general quarterly in each year out of the funds of said counties; that is to say, on the first day of April, July, October and January, and upon regular county warrants issued therefor, and it is further made the duty of said ordinary, county commissioners or other county authority having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to the said counties. Said salary of $9750.00 and the constitutional salary of $250.00 shall be in full payment for all services of said solicitor for all traveling and other expenses, and for all sums paid by said solicitor-general for clerical aid and legal assistance engaged or employed by him; provided, however, that should said solicitor-general be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the Counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and provided further that said solicitor-general shall have the power to appoint a clerk for the performances of such duties of his office as may be required of

Page 2979

said clerk and to fix the salary and payment thereof out of the treasury of Muscogee County, at $150.00 per month as part of the court expenses of Muscogee County, Georgia; except as provided in Section 5 of the Act approved August 20, 1917 (Ga. Laws 1917, p. 283.) Sec. 2, Act of 1949, amended. Salary. Section 2. Section 4 of the aforesaid Act of 1949 reading as follows: In the event that the compensation paid to the Solicitor-General of the Chattahoochee Circuit by the State of Georgia should be increased above the amount of $250.00 per annum, the sum paid by each county shall be decreased pro rata so that the salary of said solicitor shall remain the total amount of $8,250.00, including both the compensation paid by the State and by the respective counties; provided, however, that if the salary of the solicitors-general of the various circuits of this State should be increased by new general law to an amount in excess of $8,250.00, nothing contained in this Act shall be construed to limit the salary of the Solicitor-General of the Chattahoochee Judicial Circuit to such amount of $8,250.00, but in that event said solicitor-general shall receive the larger salary established by such general law. is hereby repealed in its entirety. Sec. 4 repealed. Section 3. Nothing contained in this Act shall be construed to prevent the Solicitor-General of Chattahoochee 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, provided, however, if the total salary, expense allowance and other emoluments payable to said solicitor-general from all sources should exceed the salary, expense allowance and other emoluments payable to the Judge of the Superior Court of the Chattahoochee Circuit, then the total contributions of the counties herein provided for shall be reduced by the amount of such excess, the contribution of each county being reduced

Page 2980

in the ratio which its contribution bears to the total of such contributions. Fees, expense items, etc. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to apply at the session of the General Assembly of Georgia convening November 16, 1953, for the passage of a local bill entitled: An Act to amend an Act approved August 20, 1917 (Ga. Laws 1917, p. 283), as amended, which Act provided a salary for the Solicitor-General of the Chattahoochee Judicial Circuit so as to increase the salary of the Solicitor-General of the Chattahoochee Judicial Circuit; to provide that such increase shall be paid solely by the County of Muscogee; to provide that the solicitor-general shall not be prohibited from receiving other emoluments paid by the State of Georgia; to clarify provisions relating to the salary of a clerk for the solicitor-general; to clarify the citation of laws; to repeal conflicting laws; and for other purposes. This the 5th day of October, 1953. Columbus Lawyers Club /s/ William J. Schloth by: William J. Schloth, President. Publisher's Affidavit. 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 amend an Act approved August 20, 1917 (Ga. Laws 1917, p. 283) as amended, which Act provided a salary for the Solicitor-General of the Chattahoochee Judicial Circuit so as to increase the salary of the Solicitor-General of the Chattahoochee Judicial Circuit; to provide that such increase shall be paid solely by the County of Muscogee; to provide that the solicitor-general shall not be prohibited from receiving other emoluments paid by

Page 2981

the State of Georgia; to clarify provisions relating to the salary of a clerk for the solicitor-general; to clarify the citation of laws; to repeal conflicting laws; and for other purposes has been published as provided by law once a week for three weeks, to wit: Oct. 12, 1953, Oct. 19, 1953, and Oct. 26, 1953, during a 60-day period immediately preceding introduction of said bill into the General Assembly. Said newspaper is the newspaper in which sheriff's advertisements for Muscogee County, Georgia, and Chattahoochee County, Georgia, are published. Affiant further states that he is the publisher. /s/ M. A. Ashworth M. R. Ashworth, Publisher The Columbus Ledger Columbus, Georgia. Sworn to and subscribed before me, this 12 day of November, 1953. /s/ H. L. Hollis Notary Public, Muscogee County, Georgia. (Seal) Affidavit. Georgia, Harris County. Personally before me appeared Johnston E. Woodall, publisher of the Harris County Journal, who, on oath, deposes and says that the attached copy of notice of local legislation has been published as provided by law in said Harris County Journal, which is the newspaper in which sheriff's advertisements for Harris County, Georgia, are published, once a week for three weeks, to wit: Oct. 15, 1953, Oct. 22, 1953, Oct. 29, 1953, during a sixty-day period immediately preceding introduction of said bill in the General Assembly of Georgia. /s/ Johnston E. Woodall Publisher. Sworn to and subscribed before me this 13 day of Oct. 1953. /s/ Roy Butts, C. S. C. Harris County, Georgia.

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Affidavit. Georgia, Taylor County. Personally before me appeared Chas. Benns, Jr., publisher of the Butler Herald, who, on oath, deposes and says that the attached copy of notice of local legislation has been published as provided by law in said Butler Herald, which is the newspaper in which sheriff's advertisements for Taylor County, Georgia, are published, once a week for three weeks, to wit: Oct. 22, 1953, Oct. 29, 1953, Nov. 5, 1953, during a sixty-day period immediately preceding introduction of said Bill in the General Assembly of Georgia. /s/ Chas. Benns, Jr. Publisher. Sworn to and subscribed before me this 26 day of Oct. 1953. /s/ J. R. Lunsford Ordinary, Taylor County, Georgia. Affidavit. Georgia, Talbot County. Personally before me appeared B. L. Tyler, publisher of the Talbotton New Era, who, on oath, deposes and says that the attached copy of notice of local legislation has been published as provided by law in said Talbotton New Era, which is the newspaper in which sheriff's advertisements for Talbot County, Georgia, are published, once a week for three weeks, to wit: Oct. 15, 1953, Oct. 22, 1953, Oct. 29, 1953, during a sixty-day period immediately preceding introduction of said bill in the General Assembly of Georgia. /s/ B. L. Tyler Publisher Sworn to and subscribed before me this 30th day of Oct. 1953. /s/ Robert H. Jordan. Notary Public, Talbot County, Georgia. (Seal)

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Affidavit. Georgia, Marion County. Presonally before me appeared B. L. Tyler, publisher of the Marion County Patriot, who, on oath, deposes and says that the attached copy of notice of local legislation has been published as provided by law in said Marion County Patriot, which is the newspaper in which sheriff's advertisements for Marion County, Georgia, are published, once a week for three weeks, to wit: Oct. 15, 1953, Oct. 22, 1953, Oct. 29, 1953, during a sixty-day period immediately preceding introduction of said Bill in the General Assembly of Georgia. /s/ B. L. Tyler Publisher Sworn to and subscribed before me this 30th day of Oct., 1953. /s/ Robert H. Jordan Notary Public, Talbot County, Georgia. (Seal) Approved December 22, 1953. MACON CHARTER AMENDED. No. 816 (House Bill No. 967). An Act to amend an Act approved August 3rd, 1927 entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing

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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 Acts; to repeal Section 12 of said Act of 1927 as amended relating to the election of mayor and aldermen; to reenact in lieu thereof a new section known as Section 12, and relating to the same subject matter; to provide that notwithstanding any other provisions of the charter of the City of Macon, the present mayor shall be eligible to succeed himself for one 4-year term in addition to the 2-year term he is now serving; to amend Section 27 of the present charter of the City of Macon by striking therefrom certain language; and for other purposes. Be it enacted by the General Assembly of Georgia and is hereby enacted by authority of same as follows: Section 1. 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 17th, 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 become necessary or proper, all the Acts constituting the charter of the City of Macon, and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; 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, re-enacting any section or subsection of said Act or Acts be and the same is hereby further amended by striking therefrom Section 12 relating to the election of mayor and aldermen, and re-enacting in lieu thereof a new Section 12 relating to the same subject matter and which shall read as follows: Sec. 12, Act of 1927, amended.

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Section 12. Mayor and aldermenelection of. On the second Tuesday in November, 1955, and on said date quadrennially thereafter, there shall be an election at which there shall be elected the aldermen who shall constitute council and who shall each serve for a term of four years and until their successors are duly elected or qualified. Of the Aldermen of the City of Macon, an equal number shall reside in each of the wards of said city, and at all city elections, the polls shall open at seven o'clock A. M. and close at seven o'clock P. M. Election of mayor and aldermen. On the Second Tuesday in November, 1955, and on said date quadrennially thereafter, there shall be an election of a mayor who shall serve for a term of four years, and until his successor is duly elected and qualified. The rules applicable to the election of aldermen shall apply to the election of a mayor; provided, however, that a person elected as mayor for a four year term shall not be eligible to succeed himself until there shall have been an intervening lapse of four years. Section 1A. Notwithstanding any other provisions of the charter of the City of Macon the present mayor shall be eligible to succeed himself for one 4 year term in addition to the 2 year term he is now serving. Section 1B. Section 27 of the present charter of the City of Macon is hereby amended by striking therefrom the following language: He shall hold office for a term of two years and until his successor is elected and qualified. He shall be eligible for election for two successive two-year terms, and no incumbent shall hold office for more than four years in succession. When any incumbent has held office for two successive two-year terms he shall not be again eligible for election until one or more two-year terms shall intervened provided, however, the present incumbent shall be eligible for re-election for one two-year term in addition to the term he is now serving. Sec. 27 amended. Section 2. All laws or parts of laws in conflict therewith are hereby repealed.

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Georgia. Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna and Denmark Groover, Jr., who, and each of them, first being duly sworn, depose and say That they, and each of them, are representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill or resolution, 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 and is the newspaper in which the sheriff's advertisements for Bibb County are published, on October 9, October 16, and October 23, 1953. /s/ John B. Harris, Jr. John B. Harris, Jr. /s/ Andrew W. McKenna Andrew W. McKenna /s/ Denmark Groover, Jr. Denmark Groover, Jr. Sworn to and subscribed before me this 27th day of November, 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 November 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 3rd, 1927 entitled: An Act to re-enact the charter

Page 2987

of the City of Macon contained in the Act approved August 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; 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 Acts; to repeal Section 12 of said Act of 1927 as amended relating to the election of mayor and aldermen; to re-enact in lieu thereof a new section known as Section 12, and relating to the same subject matter, 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 1945. This 7th day of October, 1953. E. S. Sell, Jr. City Attorney. Approved December 22, 1953. ELBERTON CHARTER AMENDED. No. 819 (House Bill No. 818). An Act to amend an Act incorporating the City of Elberton in Elbert County, approved December 19, 1896, (Ga. Laws 1896, p. 148), and all Acts amendatory thereof, so as to provide for the selection and appointment by city council of a city manager for said city to

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be vested with sole administrative authority over all the affairs of said city, including the power and authority to collect and disburse revenue, prepare and administer the city budget, make purchases and contract for said city, appoint, supervise and remove administrative employees of said city and otherwise administer its financial affairs; to provide for the qualifications, appointment and removal of said city manager; to provide for the election of a new mayor and council and to limit the terms of such incumbent officers; to provide for a referendum vote for approval or rejection of this Act; to clarify and amend conflicting provisions of the present charter of said city and amendments thereto; 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 Elberton in Elbert County, approved December 19, 1896, (Ga. Laws 1897, p. 148), as amended particularly by an Act approved December 7, 1898, (Ga. Laws 1898, p. 179), is hereby amended by striking from Section 4 of said Act the second and third sentences thereof in their entirety and substituting in lieu thereof the following sentence: The mayor shall be paid a salary of fifty ($50.00) dollars per month and the members of the council shall be paid a salary of ten ($10.00) dollars per month, which salaries shall be applicable commencing with the present term of the mayor and city council members., so that said Section 4 when so amended shall read as follows: Sec. 4 amended. Section 4. That the municipal government of said city shall consist of a mayor and five councilmen. all of whom shall be elected biennially on the days fixed by ordinance, and hold their offices for two years and until their successors are elected and qualified; each of whom shall take an appropriate oath provided by ordinance, before entering upon the duties of their respective offices,

Page 2989

which oath may be administered by any person authorized to administer oaths under the laws of this State. The mayor shall be paid a salary of fifty ($50.00) dollars per month and the members of the council shall be paid a salary of ten ($10.00) dollars per month, which salaries shall be applicable commencing with the present term of the mayor and city council members. Mayor's salary. Section 2. Said Act of 1896, as amended particularly by the aforesaid Act of 1898, is further amended by adding a new section immediately following Section 4 of said Act, and to be known as Section 4-A and to read as follows: Sec. 4 amended. Section 4-A. The city council next eleted after the passage of this Act shall select and appoint a city manager whose salary shall be fixed by council and whose term of office shall be indefinite and whose duties, powers and qualifications shall be as hereinafter provided. The mayor and members of city council shall be ineligible for the office of city manager for the period of two years from the time of the expiration of their term of office, nor shall they be eligible for employment in any capacity by the city within such period. City manager. Section 3. Said Act of 1896, as amended, is further amended by adding a new section immediately following Section 4-A of said Act, to be known as Section 4-B and to read as follows: Sec. 4 amended. Section 4-B. It shall be the duty of the city manager to execute and administer the policies of the city government fixed by the mayor and council and the city manager shall be vested with sole authority over all administrative matters of the city, and he shall be accountable only to the city council. The city manager first appointed under the provisions of this Act and all persons subsequently appointed to such office shall be selected by the council on the basis of ability, experience, training and character, with special reference to his actual experience in, or his knowledge of acknowledged practice in respect to the duties of his office. At the time of his appointment

Page 2990

he shall not be a resident of the City of Elberton, nor the County of Elbert, and [Illegible Text] not be a resident of this State; nor shall he have been a resident of the City of Elberton nor the County of Elbert for a period of more than twelve months prior to the passage of this Act. During his tenure of office he shall reside within the City of Elberton or the County of Elbert and shall devote his entire time to the duties of his office and shall not engage in any other business or profession. Duties. Qualifications. Section 4. Said Act is further amended by adding immediately following Section 4-B a new section to be known as Section 4-C and to read as follows: Section 4-C. The city manager shall have the power to appoint, prescribe the duties of, supervise and remove all administrative employees, except the city recorder and the city attorney. The affairs of each department of the city, including the collection and disbursement of revenue, are to be administered under his supervision and control, and he is to be responsible therefor. Neither the council nor any of its committees shall direct or request the appointment of any person to, or his removal from office by the city manager, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicity or privately. The city manager shall give bond for the faithful administration of his office in such amount as council may determine, but in no event in a sum less than one hundred thousand dollars, the premium for which is to be paid by the city. The city manager may require subordinate employees to likewise give bond in an amount to be determined by him, but subject to the approval of the council, the premiums of such bond as may be required to be paid by the city. Administrative employees. It shall also be the duty of the city manager to act as chief conservator of the peace within the city; to supervise

Page 2991

the administration of the affairs of the city; to see that the ordinances of the city and the laws of the State are enforced therein; to make such recommendations to the council concerning the affairs of the city as may seem to him desirable; to keep the council currently advised of the financial condition and future needs of the city; to prepare and submit, as hereinafter provided for, to the council an annual budget estimate; to prepare and submit to the council regular quarterly reports of the affairs and finances of the city, these reports to be in such form as to be readily understood by the public, and cause the same to be published in some local newspaper of general circulation; to act in an advisory capacity to the city council in the formulation of policies of the city government; it shall be the duty and the responsibility of the city manager to do all the buying for the different departments of the City of Elberton; said department heads shall make written requisition for the needs of their department and present the same to the city manager; the city manager shall then with the consent of the council make such purchases as may be necessary, taking into consideration the budget of the city for that fiscal year. To perform such other duties and exercise such other authority as city council may fix by resolution or ordinance. All formal contracts on behalf of the city shall be executed by the city manager and attested by the city clerk, after an approving resolution of city council. Manager's duties. Section 5. Said Act is further amended by adding immediately following Section 4-C a new section to be known as Section 4-D and to read as follows: Section 4-D. The salary or compensation of heads of departments and other administrative employees shall be fixed by ordinance or resolution of council upon the recommendation of the city manager, such ordinance or resolution of council to provide uniform compensation for like services, except that an increase in compensation of any department head or employee may be granted upon the basis of seniority and efficiency. Compensation of employees. Section 6. Said Act is further amended by adding immediately

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following Section 4-D a new section to be known as Section 4-E and to read as follows: Section 4-E. Budgets. At least forty days prior to the beginning of the fiscal year, the city manager shall prepare a budget estimate which he shall transmit to council, and which shall set forth all proposed expenditures for the administration, operation and maintenance of all departments and agencies of the city for which appropriations are required to be made or taxes levied by the city government; all expenditures for capital projects to be undertaken or executed during the fiscal year; all interest and debt redemption charges during the fiscal year; and the actual or estimated operating deficits from prior years. In addition thereto, the budget estimate shall set forth the anticipated income and other means of financing the total proposed expenditures of the city government for the fiscal year. As soon thereafter as possible, council shall adopt a budget and pass the tax levy ordinance and such other ordinance as may be required to make the budget effective. Budgets. Section 7. Said Act is further amended by adding immediately following Section 4-E a new section to be known as Section 4-F and to read as follows: Section 4-F. Removal of city manager; substitute during his absence or disability. While council has the right to remove the city manager at any time, at least thirty days before such removal becomes effective, the manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the members of council, stating council's intention of removing him and the reasons therefor. If requested in writing by city manager so to do the council shall fix a time for a public hearing upon the question of his removal, giving notice of the time and place of same by publishing such notice in some local newspaper of general circulation, and the final resolution, removing the city manager shall not be adopted until such public hearing shall be had. The action of council in removing the city manager shall be final. In the case of the absence or disability of the

Page 2993

city manager, council may designate a qualified administrative officer of the city to perform the duties of the city manager during such absence or disability. Removal of manager. Section 8. Said Act of 1896, as amended particularly by an Act approved February 4, 1949, (Ga. Laws 1949, p. 182), is further amended by striking from the first sentence of Section 6 the words, and shall also fix the salary of the mayor of the city for the ensuing year, and by striking the comma following the words mayor protem. in the first sentence of Section 6 and inserting a period in lieu thereof. Sec. 6 amended. Section 9. Said Act is further amended by adding at the end of Section 17 thereof the following provision: Sec. 17 amended. Provided, however, that the city council shall provide a manner of giving in taxes so designed as to place the giving in of taxes and the functions of the board of tax assessors under this section under the general administrative supervision and direction of the city manager. Tax assessors. Section 10. Said Act is further amended by striking from Section 19 thereof the words, the mayor or person acting in his stead, in the first sentence of said section and by substituting in lieu thereof the words, city manager. Sec. 19 amended. Section 11. Said charter of the City of Elberton, as amended by an Act approved July 20, 1906, (Ga. Laws 1906, p. 745), is further amended by striking the words, the clerk of council, contained in the first sentence of Section 9 of said amendatory Act of 1906 and by substituting in lieu thereof the words, the city manager, and by striking the words the clerk of council, from Section 10 of said amendatory Act of 1906 and by inserting in lieu thereof the words, the city manager. Secs. 9, 10, amended. Section 12. Said charter of the City of Elberton, as amended by an Act approved August 5, 1921, (Ga. Laws 1921, p. 932), is further amended by striking Section 2

Page 2994

of said amendatory Act of 1921 relating to the posting of a semi-annual financial statement by the clerk and treasurer of said city in its entirety. Sec. 2. Act of 1921, stricken. Section 13. Said Act of 1896, as amended by an Act approved March 24, 1939, (Ga. Laws 1939, p. 1056), is further amended by adding to the provision added by said Act of 1939 relating to the procuring of group insurance upon officers and employees of said city the following provision: Provided that such insurance shall be obtained and contracted for by the city manager at the direction of the mayor and council in the same manner provided for other purchases made on behalf of the city. Group insurance. Section 14. After the passage and approval of this Act, an election shall be held in and for the City of Elberton on Tuesday, March 23, 1954, said election shall be called on said date, by the existing City Council of Elberton, for the purpose of submitting this Act to the voters of the City of Elberton for approval or rejection. The city council shall cause the date and purpose of this election to be published once a week for two weeks prior to the date thereof in the official organ of Elbert County. The ballot shall have printed thereon the words: For approval of the Act amending the charter of the City of Elberton and providing for a city manager., and Against approval of the Act amending the charter of the City of Elberton and providing for a city manager. 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 Elberton. It shall be the duty of the clerk of council to canvass the returns and certify the results of the election.

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It shall be his further duty to certify the results thereof to the Secretary of State. Section 15. If the election held pursuant to Section 14 of this Act shall result in a vote favoring approval of this Act, there shall then and in that event be held an election on the second Wednesday in December, 1954, for the purpose of electing a mayor and five councilmen, one from each of the five wards of said city, as provided by said Act of 1896 incorporating the City of Elberton, as amended. The candidate for mayor and the three candidates for councilmen receiving the highest number of votes shall be elected for a term of two years from the time of the election and until their successors are elected and qualified, and the two candidates for councilmen receiving the next highest number of votes shall be elected for a term of one year from the time of their election and until their successors are elected and qualified. At all subsequent elections all of the elective officers of said city shall be elected for terms of two years, electing a mayor and three councilmen one year and two councilmen the next alternately. Section 16. If the election held pursuant to Section 15 of this Act results in a vote favoring the approval of this Act, such vote shall have the effect of requiring the mayor and council incumbent at the time of said election to place in effect the provisions of this Act, or in the event of their failure or refusal so to do, to limit the terms of office of the mayor and councilmen incumbent at the time of such election to the time at which the mayor and councilmen elected pursuant to Section 16 of this Act shall be elected and qualified. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Elbert County. Personally appeared before me, an officer authorized to administer oaths, G. T. Christian, who on oath states and deposes that he is the publisher of the Elberton Star

Page 2996

which is the official organ of Elbert County and the City of Elberton, and that the affixed notice of intention to apply for local legislation was published in said organ on October 23rd, October 30th, and November 6th, 1953. To Voters of the City of Elberton. This is to notify you, according to 1951 laws of Georgia, page 858, that there will be introduced at the November session of the General Assembly a bill to provide for a council-city manager form of government for the City of Elberton. Said bill will provide that such law shall not become effective until passed upon by voters of this city. This 20th October, 1953. Citizens Committee of City of Elberton. /s/ G. T. Christian G. T. Christian, Publisher, Elberton Star. 11-6 Sworn to and subscribed before me this 16th day of November, 1953. /s/ Robert M. Heard Notary Public. Notarial seal affixed. Approved December 22, 1953. BOARDS OF EDUCATIONCOMPOSITION IN CERTAIN COUNTIES. No. 821 (House Bill No. 911). An Act to provide for the composition of the boards of education in certain counties; to repeal conflicting laws; and for other purposes.

Page 2997

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 24,600 and not more than 24,800, according to the United States census of 1950 or any future United States census, two of the members of the county board of education shall be residents of the area embraced within the corporate limits of any municipality in such county having a population of not less than 6,000 according to the United States census of 1950 or any future United States census, and the remaining three members of the board shall be residents of that area without the corporate limits of such a municipality, but not more than one of such three members shall be residents of any one militia district. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. To the voters of Bulloch County: You are hereby notified that we will introduce a bill at the November, 1953, session of the General Assembly of Georgia to provide for the appointment in counties of not less than 24,600 nor more than 24,800 population, according to the United States census of 1950 or any future United States census, of members of the County Board of Education, so as to provide for two of five such members to be appointed from a city of over 6,000 population, according to such census, located in one militia district of such counties, and for other purposes. /s/ A. J. Trapnell /s/ F. Everett Williams 11-26-4tc. Georgia, Fulton County. Personally appeared before the undersigned attesting

Page 2998

officer, A. J. Trapnell and F. Everett Williams, who, being duly sworn, upon oath say that they are the representatives of Bulloch County in the House of Representatives of the General Assembly of Georgia; and further, that the above and foregoing notice was published in The Bulloch Herald, the publication in which the sheriff of Bulloch County advertises and publishes his official notices, the publication dates of said notice being November 5th, 12th and 19th, 1953; and that said publication is of general circulation in Bulloch County. /s/ A. J. Trapnell A. J. Trapnell /s/ F. Everett Williams F. Everett Williams Sworn to and subscribed before me, this November 20, 1953. /s/ W. L. Denton Notary Public, Georgia, State at Large. Approved December 22, 1953. CITY COURT OF OGLETHORPEPROCEDURE AND PRACTICE. No. 822 (House Bill No. 881). An Act to amend an Act creating the City Court of Oglethorpe in Macon County, approved August 22, 1907 (Ga. Laws 1907, pp. 215-227), 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 Acts adopted by the Supreme Court of Georgia on January 12, 1946, be repealed; to provide that such Rules of Procedure, Pleading and Practice in Civil Actions shall apply as to all matters pertaining to service, pleading and practice, to all proceedings instituted in the City Court of Oglethorpe in Macon

Page 2999

County on or after January 1, 1954; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. All provisions of the Act creating the City Court of Oglethorpe in Macon County (Ga. Laws 1907, pp. 215-227), as amended, pertaining to matters of service, pleading and practice in the City Court of Oglethorpe in Macon County, 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. 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 modification of 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 of the City Court of Oglethorpe in Macon County. 1946 rules applicable. Section 3. This Act shall be applicable to all procedure instituted in the City Court of Oglethorpe in Macon County on or after January 1, 1954. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. November 14, 1953. To Whom it May Concern: This is to certify that Notice of Intention to Introduce Local Legislation, affecting rules of pleading and procedure in the City Court of Oglethorpe was published for three weeks: October 29, November 5 and November

Page 3000

12, 1953, in the Citizen Georgian, official organ of Macon County. /s/ J. C. Cox J. C. Cox, Publisher. /s/ J. H. Patterson N. P. Ga. State at Large. My com. exp. 3-19-55. Notarial seal affixed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the November session of the General Assembly of Georgia a bill providing that the rules of pleading and procedure in the City Court of Oglethorpe shall conform to the rules of pleading and procedure in the superior courts, and for other purposes. This 26 day of October, 1953. T. L. Coogle, Representative, Macon County. 10-29-53-3t-cg Approved December 22, 1953. PENSION SYSTEM IN CERTAIN CITIES. No. 824 (Senate Bill No. 238). An Act for the protection of the pension rights of county employees, county school district teachers and employees and employees of the largest city located in whole or in part in counties of the population of 300,000 or more according to the last or any future United States decennial census; to provide pension credits for prior service with subdivisions of government; to provide for transfer of employees' contributions and matching funds between pension funds of

Page 3001

such subdivisions of government; 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. County employees, county school district teachers and employees, and employees of the largest city located in whole or in part in counties of the population of 300,000 or more by the last or any future United States decennial census and who are members of the pension plans of the respective subdivisions of government as of the date of appoval of this Act, or not later than December 31, 1953, shall be entitled to be credited on their pension time requirement by their respective pension boards, with all years of service not previously authorized and allowed, with which they were credited by any of said subdivisions of government at the time of separation from its service, provided, however, that school teachers in the employ of the largest city located in whole or in part in such counties shall be credited for years of teaching in other counties or cities of the State only if they become members of the city pension plan by reason of the annexation of territory to said largest city. Employees entering service in the city through governmental changes. Section 2. It shall be the duty of the secretaries of the several pension boards of the subdivisions of government referred to in Section 1 of this Act to certify to the secretary of any other of said pension plan or board on written request of such secretary, the years, and fractions thereof, of employment with which any member was credited at the time of his separation from employment with the corresponding subdivision of government, showing thereon any matching fund or contribution which stood to his credit in the pension fund of said subdivision of government, provided, however, that no credit for years of teaching in other counties or cities shall be certified to in case of school teachers employed by the largest city located in whole or in part in such counties unless they became employed by said

Page 3002

city as a result of the annexation of territory to said largest city. Certification of prior service. Section 3. It is the legislative determination that any contributions or matching funds found to the credit of an employee on the books of the pension plan at the time of his separation from employment with the corresponding subdivision of government belongs to and is the property of the pension fund of the subdivision of government by which such member is now or by December 31, 1953, employed. It is hereby directed that the proper disbursing officer of the pension plan of any of said subdivisions of government, upon the written request of the secretary of the pension plan of any other of said subdivisions of government, accompanied by the certification of the personnel officer of said subdivision of government as to present employment, shall transmit to said secretary, the matching funds or contribution standing to the credit of a former employee. Transfer of contributions. Section 4. Any member of any pension plan referred to in Section 1 of this Act who has withdrawn any portion of his contribution from any pension fund with any of said subdivisions of government from which he seeks credit for prior years of service or fraction thereof, shall not be allowed such credit unless he gives written notice, within ninety (90) days from the date of the approval of this Act to the secretary of the pension board of the government by which he is employed, that he desires to receive credit for such prior years of service and pays into the pension fund of the subdivision of government by which he is employed, the sum withdrawn and unpaid, plus interest at the rate of three (3%) percent per annum, said payment may be in fifty (50) equal monthly installments bearing interest at the rate of three (3%) percent per annum. When member has withdrawn contributions. Section 5. Any member of the pension plan of any subdivision of government referred to in Section 1 of this Act shall be given credit for years of employment with any of said subdivisions of government or with the State of Georgia not previously granted or allowed by

Page 3003

giving written notice within ninety (90) days from the date of the approval of this Act to the secretary of the pension board of the subdivision of government by which he is employed and by paying into the pension fund thereof a sum representing the contribution which he should have made had he been a member of its pension plan during the years in question or the sum which he should have paid to the pension fund of the subdivision of government by which he was employed during those years, whichever of said sums is the larger, plus interest at the rate of three (3%) percent per annum, said payment may be made in fifty (50) equal monthly installments, bearing interest at the rate of three (3%) percent per annum, provided, however, that no credit for years of employment with the State of Georgia shall b[UNK]e allowed in the pension plan of the largest city located in whole or in part in such counties. Credit for prior service. Section 6. Any employee of any of said subdivisions of government who is not a member of the pension fund or some part thereof, by reason of having chosen not to participate within the time provided by law, may become a member of said pension plan or part thereof, as the case may be, and obtain the benefits under this Act by notifying the secretary of the pension plan of said subdivision of government in writing within ninety (90) days from the date of the approval of this Act, that he wishes to become a member of said plan or part thereof, as the case may be, and subject to its obligations and benefits and by paying into said pension plan a sum equal to the contribution he would have paid had he chosen to participate within the time originally provided, plus interest at three (3%) percent per annum. Said payment may be made in fifty (50) equal monthly installments, bearing interest at the rate of three (3%) percent per annum. Participation for first time in pension plan. Section 7. It is hereby declared to be the legislative determination that in counties and subdivisions of government described in Section 2 of this Act, consolidations in governmental functions between such subdivisions of government and the incident transfer or change

Page 3004

of employment, make it in the interest of the employees, subdivisions of government, the pension funds thereof and of the general public that these employees be not deprived of, but be given credit on their pensions for all years of service with the several subdivisions of government. It is the legislative purpose of this Act to give authority for and to require that the credits for prior and present employment be given and allowed to the extent and in the manner provided in this Act, by the respective pension boards or plans named in Section 1 of this Act. Legislative intent. Section 8. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved December 23, 1953. HAPEVILLE CHARTER AMENDED. No. 825 (House Bill No. 915). An Act to amend an Act approved September 16, 1891 (Ga. Laws 1891, Vol. 2, p. 783), entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and all Acts amendatory thereof; so as to provide a pension and retirement system for the classified employees under the Hapeville Civil Service Act; to provide a pension and retirement fund for said employees; to give the mayor and council authority to bring other City of Hapeville employees under the provisions of this Act; and for the purpose of exercising all rights and privileges possessed by said City of Hapeville under the present charter, as amended; to provide for the incorporation of certain additional territory within the city limits of the City of Hapeville; to provide for the regulation of bill boards, etc.; to provide for the exclusion of certain territory from the city limits of Hapeville; to repeal conflicting laws, and for other purposes.

Page 3005

Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act approved September 16, 1891 (Ga. Laws 1891, Vol. 2, p. 783), entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and all Acts amendatory thereof, is hereby amended as follows: Section 2. The Mayor and Council of the City of Hapeville shall appoint within ninety (90) days from the effective date of the passage of this Act a board to be known as the Hapeville Pension and Retirement Board, hereinafter referred to as the board, said board to consist of one member of the Hapeville city council or mayor, two citizens not employed in any capacity by the City of Hapeville, and two employees, each for a term of one year, said employees to be recommended for appointment by election among the employees covered by this Act, all of said board to serve without pay. All members of the board must qualify as electors of the City of Hapeville. The city clerk shall serve as secretary to the board. Pension and retirement board. Section 3. The Mayor and Council of the City of Hapeville are authorized to make such provisions for payment by the City of Hapeville and the employees so covered by the Hapeville Pension and Retirement Act as follows: (a) The city shall pay into the pension and retirement fund one thousand dollars ($1,000.00) from its general fund each year for ten years (10) beginning in 1954. Employer and employee contribution. (b) The sums withheld and now on deposit for the purposes of providing benefits should a pension and retirement bill be approved are hereby made a part of the pension and retirement fund. (c) The city shall deduct eight dollars ($8.00) from the salary of each classified employee and shall pay

Page 3006

into the said fund six dollars ($6.00) each month for each classified employee, and the amount so deducted and paid by the city shall be deposited to the credit of the pension and retirement fund. Section 4. The term classified shall include all permanent salaried employees of the police department, fire department, water department and sanitary department, city hall and the department heads, but shall not include any elective, appointive or honorary officials of the city, and shall not include any employee employed on an hourly wage basis. The mayor and council shall be authorized to bring such hourly employees under the provisions of this Act by ordinance provided five (5) years have elapsed from the date of passage of this Act. Classified employees. Section 5. Any employee employed by the city on the date of the passage of this Act whose employment shall be classified as permanent salaried employment shall be required to come under the provisions of this Act, but shall not be eligible for any benefits for a period of five (5) years from the effective date of passage of the Act nor in any instance until such employee has been employed for a period of two years should said employee be hired more than three (3) years from the effective date of this Act. What employees included in pension plan. Section 6. The maximum retirement benefit shall be one hundred dollars ($100.00) to be paid monthly on the first of each month and to be eligible for the maximum benefit, a covered employee must have served continuously for a period of thirty (30) years but should an employee reach the age of sixty-five (65) having served less than thirty (30) years, such employee shall receive pro rata benefits based on the number of years of service and the number of years required for maximum benefits, all such benefits to be paid to said employee until his or her death, provided such employee shall have been continuously employed for a minimum of fifteen (15) years immediately prior to his reaching the age of sixty-five (65). Pension benefits.

Page 3007

Section 7. At the death of an employee while receiving benefits, if such employee shall have a wife or husband surviving, the surviving husband or wife shall be paid seventy-five (75%) percentum of the deceased employees' benefits until death or remarriage, such surviving husband or wife shall only be entitled to the benefits after application to the city clerk and upon submission of proof of marriage to the deceased employee. Survivors. Section 8. At the death of both employee and his or her husband or wife, the child or children of such deceased employee shall be paid seventy-five percentum (75%) of the deceased employee's benefits until the child or children shall have reached the age of eighteen (18) or shall have married. Such surviving child or children shall only be entitled to the benefits after application to the city clerk and upon submission of birth certificates or other such proof of parentage of the deceased employee. Section 9. The mayor and council shall be the reviewing authority of any benefits awarded and shall have the authority to order payment withheld until all provisions of this Act shall have been complied with. Power of mayor and council. Section 10. The mayor and council shall by ordinance set the duties of the pension and retirement board, the secretary of the pension and retirement board, provide for the election of said board and other supervisory procedures as may be necessary not inconsistent with the provisions, purposes and intent of this Act. Section 11. The depository of the funds of the Hapeville pension and retirement fund shall be an insured banking institution and shall only when approved by mayor and council be invested in such securities or bonds as are by law provided for state banking institutions of Georgia. Depository of funds. Section 12. Any employee who shall be employed by the City of Hapeville after the effective date of this Act and who shall be classified under the provisions of the

Page 3008

Hapeville Civil Service Act, thereby becoming eligible for the benefits of the Hapeville Pension and Retirement Act, shall be entitled to a refund of eighty percentum (80%) of the amount he or she shall have paid into the pension and retirement fund upon severance of employment or discharge. Should such employee die before retirement, the husband or wife of such employee or the children of such employee, if the other parent is deceased, shall receive eighty percentum (80%) of the amount paid into the fund by the deceased employee, except that suicide by such employee shall void any claim for a refund. Nothing in this section shall refer to any moneys paid into the fund by the City of Hapeville. Refund of contributions. Section 13. Any employee covered by this Act shall be entitled to receive such amounts as may be voted by mayor and council not to exceed fifty dollars ($50.00) per month for a period of five (5) years or less should the employee become totally disabled due to any cause outside of their employment after having served continuously for a period of five (5) years. If the employee is totally disabled in the course of his or her employment, the mayor and council may vote to supplement any award under workmen's compensation in an amount not to exceed fifty dollars ($50.00) per month for a period of five (5) years or less. Disability allowances. Section 14. Any employee coming under the provisions of this Act shall be entitled to full credit for each year of continuous service to the City of Hapeville prior to the date of passage of this Act. Credit for prior service. Section 15. Any employee employed by the city as of the date of the passage of this Act and coming under the provisions of this Act shall be presumed to have furnished evidence of good health, morals and habits, but any employee employed after the date of passage of this Act and who shall come under the provisions of this Act shall furnish evidence of good health, morals and habits as may be required by the City of Hapeville. Future employees.

Page 3009

Section 16. Should the pension and retirement fund herein provided be exhausted at any time, the mayor and council shall be required to make payments into said fund from the general funds of the city in a sum not to exceed in any fiscal year one-fourth mill of the ad valorem tax collections made by the city during the previous fiscal year, to be shared pro rata among those receiving pensions at the time the fund becomes so exhausted, but not to exceed the amount of pensions otherwise payable to such persons. Supplement of funds by city. Section 17. All rights and benefits provided herein shall be subject to future legislative change or revision and no beneficiary herein provided for shall be deemed to have any right to any annuities or benefits provided herein. Section 18. Funds not assignable. Be it further enacted that none of the funds herein mentioned and provided for shall be subject to attachment, garnishment, or judgments rendered against the beneficiary entitled to receive the same; nor shall the same be assignable; but shall be paid directly to the beneficiary herein provided for. Exemption of funds. Section 19. The city limits of Hapeville shall 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: Corporate limits extended. Beginning at a point on the west line of Land Lot 67 of the 14th District of Fulton County four hundred (400) feet south of Mt. Zion Road and running, thence, easterly, parallel with Mt. Zion Road, to a point on the west side of the south leg of the Expressway four hundred (400) feet south of Mt. Zion Road; thence, southerly along the west side of the south leg of the Expressway twenty-five hundred (2,500) feet, more or less, to a point on the south line of said Land Lot 67; thence, west along the south line of Land Lot 67, eight hundred and fifty (850) feet, more or less, to the southwest corner of Land Lot 67; thence, north along the west line of Land Lot 67,

Page 3010

twenty-four hundred (2,400) feet, more or less, to the point of beginning. The City of Hapeville shall acquire no interest in any water mains or facilities and should they desire to use them, they shall pay the City of Atlanta their cost. Should they not desire to use them, the City of Atlanta is hereby granted an easement in all streets involved so as to service said water lines. Section 20. No bill board or other advertising signs larger than twelve square feet shall be erected or maintained within 300 feet of the west boundary line of the Expressway. Expressway. Section 21. Charter is further amended so as to provide that the city limits of Hapeville shall be amended so as to exclude therefrom the following described territory: Territory excluded from limits. Beginning at a point on the westerly right-of-way of the south leg of the Expressway twenty-three hundred and fifty (2,350) feet, more or less, south of the north line of Land Lot 66 of the 14th District of Fulton County, said point being where the corporate limits of the City of Atlanta and the City of Hapeville intersect on the westerly right-of-way of the south leg of the Expressway, running thence southerly along the westerly right-of-way of the south leg of the Expressway and continuing southerly along the westerly right-of-way of the ramp leading into the Macon Highway and a projection thereof to the corporate limits of the City of Atlanta north of the Central of Georgia Railway; thence southeasterly, northeasterly, and northwesterly along the corporate limits of the City of Atlanta to the point of beginning. The City of Hapeville shall retain the title to all water mains or other municipal facilities in said area with full authority to sell the same to the City of Atlanta should Atlanta desire to buy the same. Section 22. That all powers and authority of the City of Hapeville, under its charter and ordinances and all

Page 3011

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 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. Section 23. 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 24. This Act shall take effect upon its passage by the General Assembly and approval of the Governor. Section 25. All laws and parts of laws in conflict with this Act are hereby repealed. Personally appeared before me, the undersigned, a

Page 3012

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. 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 Hapeville will apply to the session of the General Assembly of Georgia convening in November, 1953, for passage of legislation authorizing establishment of a pension and retirement system for the employees of the City of Hapeville, and extending the city limits of the City of Hapeville, and amending the charter of the City of Hapeville so as to require contractors and/ or developers of new areas regardless of the size to pay entire costs of the improvements in connection therewith, including all costs of street work, and for other purposes. This 27th day of October, 1953. Rex T. Reeves, City Attorney of the City of Hapeville. Oct 28 Nov 4 11 tfn /s/ Rex T. Reeves Sworn to and subscribed before me, this 19 day of November, 1953. /s/ Edward Brook Notary Public.

Page 3013

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 newspaper on the 28th day of October, 1953, and once each week thereafter for 2 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 18th day of November, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of Hapeville will apply to the session of the General Assembly of Georgia convening in November, 1953, for passage of legislation authorizing establishment of a pension and retirement system for the employees of the City of Hapeville, and extending the city limits of the City of Hapeville, and amending the charter of the City of Hapeville so as to require contractors and/or developers of new areas regardless of the size to pay entire costs of the improvements in connection therewith, including all costs of street work, and for other purposes. This 27th day of October, 1953. Rex T. Reeves, City Attorney of the City of Hapeville. Oct 28 Nov 4 11 tfn Approved December 22, 1953.

Page 3014

EAST POINT LIMITS EXTENDED. No. 826 (House Bill No. 1036). An Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. All that tract of land lying and being in the 14th District of originally Henry, now Fulton County, Georgia, and more particularly described as follows: Beginning at the northeast corner of Land Lot 220 and extending thence westwardly along the north line of said Land Lot 220 to the northwest corner of Land Lot 220; thence southwardly along the west line of Land Lots 220, 221, 222, 223, and 224 to a point 1500 feet south of the northwest corner of Land Lot 224; thence east in a straight line across Land Lot 224 to the east line of Land Lot 224; thence north along the east line of Land Lot 224 distance of 1500 feet to the southwest corner of Land Lot 194; thence eastwardly along the south line of Land Lot 194 a distance of 1153 feet; thence north at an angle of 90 degrees to the left a distance of 1530 feet, more or less, to the center line of Washington Road; thence northeastwardly along the center line of Washington Road 2800 feet, more or less, to the present city limit line of the City of East Point; thence along the present East Point city limit line westwardly 3400 feet, more or less, to a point where said city limits line turns north; thence north along the west city limit line of said city 6200 feet, more or less, to a point where said city limits line turns east; thence east along said city limits line 200 feet, more or less, to a point where said city limits line again turns north; thence north along said west city limits line 3000 feet, more or less, to the northeast corner of Land

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Lot 220 at the point of beginning, be and the same is hereby annexed to and incorporated into the City of East Point. Description. Section 2. Notice of intention to apply for this local legislation was published 3 times in the Fulton County Daily Report in 3 separate calendar weeks during a period of 60 days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, 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 13th day of October, 1953, and once each week thereafter for 7th consecutive weeks as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 3rd day of December, 1953. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My commission expires Feb. 3, 1954. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends

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to apply for the passage of local legislation amending the charter of said city at the adjourned session of the General Assembly of Georgia when it reconvenes in November, 1953, and that the title or caption of each bill introduced will be: An Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. This October 12th, 1953. Ezra E. Phillips, East Point City Attorney. Oct. 13 20 27 tfn. Approved December 22, 1953. COBB COUNTY PLANNING COMMISSIONAMENDMENTS. No. 827 (House Bill No. 997). 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) and an Act approved February 27, 1953 (Ga. Laws 1953, January-February Session, p. 2788), so as to provide for final zoning authority in the Commissioner of Roads and Revenues and Advisory Board of Cobb County; to provide procedure connected with the foregoing; to repeal provisions of said Acts relating to the establishments of zones or districts and to provide for the manner in which such zones or districts may be established; to provide for appeal; to provide for making this Act effective and the date thereof; 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. That the Act creating the Cobb County Planning Commission and defining its powers and duties, approved January 29, 1943 (Ga. Laws 1943, p. 902), as amended by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1499), and an Act approved February 27, 1953 (Ga. Laws 1953, January-February Session, p. 2788), be and the same are hereby amended by striking Section 11 thereof including Sections or Subsections 11 (a) and 11 (b) in its or their entirety and inserting in lieu thereof a new Section 11 with designated subsections to read as follows: Section 11 (a): In addition to all other powers, said commission is hereby authorized and empowered to make, adopt, promulgate, and from time to time, amend, extend and add to regulations effective in the limits of said county restricting height, number of stories, design and architecture, size and floor space, specifications and floor plan of buildings and other structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or any other purposes; to provide for county planning; to provide for the regulation of subdivision of land; and to establish set-back lines for buildings and structures along the streets, lands avenues and roads, including power and authority to divide the county into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this Act; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use or occupancy of land; and in that case may adopt official zoning regulations including map or maps, indicating the districts, and the regulations in one district may differ from those in other districts. General powers of planning commission. Section 11 (b): Be it further enacted that said commission shall have the right to establish zones or districts in said county, and that said commission shall have the

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authority to zone or re-zone any tract or parcel of land located in any zone or district so established by said commission. Zones. Section 11 (c): Any other provisions of this Act to the contrary notwithstanding, all orders, resolutions, rules and regulations, and any other action of any kind of the Cobb County Planning Commission, shall be advisory only, and shall be subject to amendment, change, approval, adoption, or disapproval by the Commissioner of Roads and Revenues and Advisory Board of Cobb County, and the acts and doings of said Cobb County Planning Commission shall not be final until adopted by said Commissioners of Roads and Revenues and Advisory Board of Cobb County. Orders, regulations, etc. Advisory only. Section 2. Said Act is further amended by striking Sections 12 (a), 12 (b) and 12 (c) of same in their entirety and inserting in lieu thereof a new Section 12 (a) and a new Section 12 (b) to read as follows: Section 12 (a): The Cobb County Planning Commission shall report in writing to the Commissioner of Roads and Revenues and Advisory Board of Cobb County, within five (5) days, all orders, resolutions, rules and regulations, and any other action relating to any application recommended by said commission. Section 12 (b): The original applicant, 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 re-zoned within a radius of one (1) mile thereof, and within said zone, aggrieved by any decision of the Commissioner of Roads and Revenues and Advisory Board of Cobb County, or any official charged with the enforcement of any order, requirement or decision of said commissioner of roads and revenues and advisory board may take an appeal to the superior court, within twenty (20) days and shall be entitled to a jury trial at the next term thereof as in other cases, which shall also be a de novo proceeding. Appeal from county commissioners.

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Section 3. That all other sections and provisions of said Acts, as heretofore amended, as set forth above, other than those herein repealed or amended are hereby reenacted, ratified and affirmed, and all laws or parts of laws in conflict with same are hereby repealed. Section 4. All of the provisions of this Act shall become effective on July 1, 1954, upon resolution adopted by the Commissioner of Roads and Revenues and the Advisory Board of Cobb County prior to such date and not thereafter, putting such Act and also a companion Act (House Bill No. 996) into effect in Cobb County on such date, a certified copy of which resolution shall be filed with the Secretary of State prior to such date, and this Act shall be of no force and effect prior to such date. 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 intention to apply for passage of a local bill, amending the Acts of the legislature approved January 29, 1943, amended February 25, 1949, relating to the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes and that the name Advisory Board shall be changed to Cobb County Governing Authority; and for other purposes, was published in the Cobb County Times in its editions of November 12, 19, 26, 1953. T-771 Notice of Local Legislation. To Whom it May Concern: Notice is hereby given that a bill will be introduced at

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the November, 1953 session of the General Assembly of Georgia, to amend the Acts of the legislature approved January 29, 1943, as amended by the Act approved February 25, 1949, relating to the creation, establishment, duties and powers of the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of a single Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes, and that the name Advisory Board shall be changed to Cobb County Governing Authority; and for other purposes. Fred D. Bentley, Representative Cobb County, Georgia 11-12-19-26 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 30th day of November, 1953. /s/ Brooks P. Smith, Brooks P. Smith, Publisher Cobb County Times. Sworn to and subscribed before me, this 30th day of November, 1953. /s/ Fred D. Bentley Notary Public, Cobb County, Ga. Approved December 22, 1953.

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ELBERT COUNTY SCHOOL SYSTEM. No. 829 (House Bill No. 812). An Act to consolidate the two school systems in Elbert County, to wit, that of the county-at-large, and that of the City of Elberton; to provide for a board of education and define their manner of appointment, qualifications, term of office and powers; to provide for the appointment by them of a superintendent of schools and define his powers, duties, qualifications, term of office, and compensation; to provide for the levying of a tax for educational purposes not to exceed 20 mills; to provide for an effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Pursuant to an amendment to Article VIII, Section VII, of the Constitution of Georgia, the two school systems now existing in Elbert County, that is to say, the school system located in the City of Elberton, and the school system of Elbert County excluding the City of Elberton, are hereby consolidated under the title, The Elbert County Consolidated Schools, to be under the control and supervision of the Elbert County Board of Education, as hereinafter constituted. Elbert County consolidated schools. Section 2. The Elbert County Board of Education shall be composed of seven (7) members, and for the purposes of selection thereof, Elbert County shall be divided into five (5) representative districts as follows: Board of education. (a) District No. 1, to consist of the 189th Militia District; (b) District No. 2, to consist of the 201st and 197th Militia Districts; (c) District No. 3, to consist of the 315th, 199th, and 196th Militia Districts;

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(d) District No. 4, to consist of the 195th, 192nd, and 190th Militia Districts; Districts. (e) District No. 5, to consist of the 191st, 193rd and 202nd Militia Districts. Section 3-A. Each member of the board of education shall be appointed by the grand jury in the following manner: (a) District No. 1 to appoint two (2) members; (b) District No. 2 to appoint one (1) member; (c) District No. 3 to appoint one (1) member; (d) District No. 4 to appoint one (1) member; Members. (e) District No. 5 to appoint one (1) member; (f) The above 6 members shall appoint a seventh member from the county at large. B. Immediately after the ratification by the people of the amendment to Article VIII, Section VII, of the Constitution, referred to in Section 1 of this Act, it shall be mandatory that the Judge of the Superior Court of Elbert County forthwith call a special session of the grand jury to make appointments for the Elbert County Board of Education, to commence serving their terms January 1, 1955. For the first appointment, the appointed members shall serve for staggered terms as follows: (a) District No. 1, both members to serve for one (1) year and until their successors are duly appointed and qualified. Terms. (b) Member appointed by other members, for county-at-large, to serve for one (1) year and until his successor is duly elected and qualified. (c) District No. 2, member to serve for two (2) years

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and until his successor is duly appointed and qualified. (d) District No. 3, member to serve for three (3) years and until his successor is duly appointed and qualified. (e) District No. 4, member to serve for four (4) years and until his successor is duly appointed and qualified. (f) District No. 5, member to serve for five (5) years and until his successor is duly appointed and qualified. C. After the first appointment above provided, all members shall be appointed for terms of five (5) years each, and until their successors are duly appointed and qualified. The last grand jury to convene in any year next preceding the expiration of any member's term shall appoint a successor for such member, but in the event such grand jury shall fail to so appoint, such member shall hold his office beyond his term until such time as a succeeding grand jury appoints his successor. In the event any member's office becomes vacant for any cause other than the natural expiration thereof, the remaining members shall appoint a successor to serve the remainder of such unexpired term, which appointment shall be made from the district from which such vacancy occurs. Terms. Section 4. Said board shall elect its own chairman, who shall preside at all meetings and who shall be entitled to vote on all matters as other members. Each member, and the chairman, shall each receive the sum of $15.00 for every day while in session for transacting official business. All other matters relating to the Elbert County Board of Education, their qualifications, powers, responsibilities, duties, meetings and manner of proceeding, shall be as provided by general law for the county boards of education. Powers and duties, etc. Section 5. The board of education shall appoint a Superintendent of the Elbert County Consolidated Schools for such term as said board may determine, but not to exceed four (4) years. Such superintendent shall have not less than four (4) years of college education from an

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accredited institution or college, or its equivalent. The superintendent shall possess and exercise all powers and duties, and be subject to the same responsibilities and qualifications as are conferred upon county school superintendents by general law. Said superintendent shall also receive compensation as provided by general law. The present school superintendent shall serve out the balance of his term until December 31, 1956, unless sooner removed for cause. Should said office become vacant for any reason before such date, the board shall appoint a successor to serve for such time as the board may, in its discretion determine, subject to the four (4) year limitation herein before provided. Superintendent. Section 6. The fiscal authorities of Elbert County shall exercise sole and exclusive authority in the levying of a tax for educational purposes in Elbert County, both within the county at large and in all incorporated areas therein, upon recommendation by the Elbert County Board of Education. Said board may recommend the levying of such tax in an amount not less than 5 mills and not more than 20 mills, upon the dollar of all taxable property located in Elbert County, it being the intent of this section to confer upon said authorities the power to levy the tax as provided in Article VIII, Section XII, Paragraph I of the Constitution and an additional amount of 5 mills. Taxation. Section 7. The Elbert County Board of Education, and the Superintendent of the Elbert County Consolidated Schools shall possess and exercise all powers, duties and responsibilities expressly conferred herein or made necessary or essential to the powers so expressly conferred; but otherwise, all general laws presently of force in this State, or hereafter enacted relating to the county school systems, county boards of education, and county school superintendent, shall be of full force and effect in Elbert County. General powers and duties. Section 8. This Act shall become of full force and effect immediately upon the adoption of the amendment to Article VIII, Section VII, Paragraph I of the Constitution; provided, however, all contracts and financial plans

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and arrangements of the Board of Education of Elberton, and of the Elbert County Board of Education shall remain of full force and effect for the school year 1954-55. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. On Monday, October 26, 1953, the Elbert County Board of Education and the City of Elberton Board of Education met with me, upon my request, in my office. I am pleased to announce to the people that the two boards of education agreed upon a plan for submitting the question of school consolidation. I, therefore, take this opportunity to serve notice that local legislation will be introduced in the coming November session of the General Assembly having as its object the consolidation of the city schools with the county schools. All of this in compliance with the request of the Elbert County Board of Education and the City of Elberton Board of Education in joint session. Woodrow W. Lavender, Representative of Elbert County. Georgia, Elbert County: I, G. T. Christian, editor and publisher of the Elberton Star, a newspaper published in Elberton, Elbert County, Georgia, and being the paper in which sheriff's advertisements for said county are published, do hereby certify that the foregoing notice was published for me in said above named newspaper on the following dates, to wit: October 30, November 6, 10, 1953. This the 12 day of November, 1953. /s/ G. T. Christian

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Witness: /s/ Carolyn E. McMullan Notary Public, Elbert County, Georgia My commission expires Nov. 2, 1955. (Seal) Approved December 22, 1953. COBB COUNTY COMMISSIONER AND ADVISORY BOARD. No. 830 (House Bill No. 996). An Act to amend an Act creating a Commissioner of Roads and Revenues for Cobb County and an advisory board, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, particularly by an Act approved January 29, 1943 (Ga. Laws 1943, p. 892), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 840), and an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273) to provide that the Advisory Board of Cobb County shall serve and act with the commissioner of roads and revenues for zoning purposes; to provide for making this Act effective and the date thereof; 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 Commissioner of Roads and Revenues for Cobb County and an Advisory Board, approved August 7, 1924 (Ga. Laws 1924, p. 314), as amended, particularly by an Act approved January 29, 1943 (Ga. Laws 1943, p. 892), and an Act approved March 6, 1945 (Ga. Laws 1945, p. 840), and an Act approved February 11, 1952 (Ga. Laws 1952, p. 2273) is hereby amended by adding at the end of Section 9 of said Act a new section to be designated as Section 9(a), said new section to read as follows:

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Section 9 (a): That in addition to the purposes for which the ordinary and clerk of the superior court shall serve and act in conjunction with the Commissioner of Roads and Revenues of Cobb County, hereinbefore set forth, said Commissioner of Roads and Revenues and Advisory Board of Cobb County is hereby authorized and empowered to make, adopt, promulgate, and from time to time, amend, extend and add to regulations effective in the limits of said county restricting height, number of stories, design and architecture, size and floor space, specifications and floor plans of buildings and structures, and the use, conditions of use, or occupancy of land for trade, industry, residence, recreation, transportation, agriculture, or any other purposes; to provide for county planning; to provide for the regulation of subdivision of land; and to establish set-back lines for buildings and structures along the streets, lands, avenues and roads, including power and authority to divide the county into districts of such number, shape and area as may be deemed best suited to carry out the purposes of zoning and the health and welfare of the said county; and within such districts they may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings and structures, and the use, conditions of use or occupancy of land; and in that case may adopt official zoning regulations including map or maps, indicating districts, and the regulations in one district may differ from those in other districts; they may receive and act upon all orders, resolutions, permits, rules and regulations, and any other action of any kind of the Cobb County Planning Commission, and may amend, change, approve, adopt or disapprove such actions of the Cobb County Planning Commission; and any such actions taken by the Commissioner of Roads and Revenues and Advisory Board of Cobb County shall be final subject only to the right of appeal to the Superior Court of Cobb County as provided by law. Zoning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. All of the provisions of this Act shall become

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effective on July 1, 1954, upon resolution adopted by the Commissioner of Roads and Revenues and the Advisory Board of Cobb County prior to such date and not thereafter, putting such Act and also a companion Act (House Bill No. 997) into effect in Cobb County on such date, a certified copy of which resolution shall be filed with the Secretary of State prior to such date, and this Act shall be of no force and effect prior to such date. 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 intention to apply for passage of a local bill, amending the Acts of the legislature approved January 29, 1943, amended February 25, 1949, relating to the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the office of Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes and that the name Advisory Board shall be changed to Cobb County Governing Authority; and for other purposes, was published in the Cobb County Times in its editions of November 12, 19, 26, 1953. T-771 Notice of Local Legislation. To Whom It May Concern: Notice is hereby given that a bill will be introduced at the November, 1953 session of the General Assembly of Georgia, to amend the Acts of the legislature approved January 29, 1943, as amended by the Act approved February 25, 1949, relating to the creation, establishment, duties and powers of the Cobb County Planning Commission, and the Act approved August 7, 1924, creating the

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office of a single Commissioner of Roads and Revenues for Cobb County, Georgia, to provide for the creation of the Cobb County Planning Commission, to define its powers, and to further provide that the Advisory Board of Cobb County, Georgia, shall serve as the governing authority for zoning purposes, and that the name Advisory Board shall be changed to Cobb County Governing Authority; and for other purposes. Fred D. Bentley, Representative, Cobb County, Georgia. 11-12-19-26 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 30th day of November, 1953. /s/ Brooks P. Smith, Brooks P. Smith, Publisher Cobb County Times. Sworn to and subscribed before me, this 30th day of November, 1953. /s/ Fred D. Bentley, Notary Public, Cobb County, Ga. Approved December 22, 1953. FOREST PARKWARDS. No. 831 (House Bill No. 827). An Act to amend an Act approved August 14, 1908, incorporating the Town of Forrest Park (now City of Forest Park) (Georgia Laws of 1908, pp. 685 to 688), and Acts amendatory thereof; to redefine and extend the corporate limits of said city; to divide the City of Forest Park into eleven wards; to provide for the election

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of councilmen; 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 incorporate the town of Forrest Park, in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town and for other purposes, approved August 14, 1908 (Georgia Laws of 1908, pp. 685 to 688), and Acts amendatory thereof, be amended to redefine the corporate limits of the City of Forest Park as follows: All that tract of parcel of land lying and being in the 13th District of Clayton County, Georgia, and being more particularly described as follows: Beginning at the southeast corner of Land Lot 82, which is marked by a rock, and running south 88 degrees 45 minutes west 1,151.3 feet to the west side of Ash Street; thence southerly along the west side of Ash Street 1,307.9 feet to the north side of the Georgia Power Company right-of-way; thence south 88 degrees west 366 feet to an iron pin; thence north 89 degrees 13 minutes west 1,301.8 feet to an iron pin on the west line of Land Lot 111; thence north 1 degree 13 minutes west 1,259 feet along the west line of Land Lot 111 to an iron pin at the northwest corner of Land Lot 111; thence north 1 degree 30 minutes west 3,022 feet along the west line of Land Lot 82 to the northwest corner of Land Lot 82; thence south 89 degrees 30 minutes west along the south line of Land Lot 78, 2,959 feet to the southwest corner of Land Lot 78 and an iron pin; thence south 89 degrees 30 minutes west 1,890 feet along the south line of Land Lot 77 to an iron pin; thence north 1 degree west 7,772 feet to the northerly side of the Central of Georgia Railroad right-of-way; thence in a southeasterly direction along the northerly side of the Central of Georgia Railroad right-of-way 4,205 feet to the west side of the

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intersection of Hale Road and said right-of-way; thence north 1 degree west 1,400 feet to an iron pin; thence south 89 degrees west 245 feet to an iron pin; thence north 8 degrees 30 minutes west 134 feet to an iron pin; thence north 6 degrees 30 minutes west 194 feet to an iron pin; thence north 36 degrees 30 minutes east 338 feet to a point on the south side of Stone Mountain View Drive; thence north 51 degrees 45 minutes west 479 feet; thence north 8 degrees east 24.5 feet to an iron pin; thence north 89 degrees east 362 feet to an iron pin; thence north 1 degree west 1,130 feet to a point on the south line of Land Lot 19; thence south 89 degrees west 500 feet along the south line of Land Lot 19 to a point 654 feet east of the southwest corner of Land Lot 19; thence north 1 degree west 1,626.5 feet to a rock; thence north 89 degrees east 855 feet to a rock; thence south 38 feet to a rock; thence north 88 degrees 45 minutes east 4,450 feet to a point on the east line of Land Lot 18; thence south 1 degree east 570 feet to an iron pin; thence south 89 degrees west 505 feet to an iron pin; thence south 1 degree east 1,052 feet to a rock; thence north 89 degrees east 505 feet to the southeast corner of Land Lot 18; thence south 89 degrees east 285 feet, more or less, to the center of College Street; thence northeasterly along the center of College Street 875 feet, more or less, to the center of Highway 54 at the intersection of Highway 160; thence northeasterly along the center of Highway 160 a distance of 825 feet; thence north 88 degrees 45 minutes east 1,440 feet more or less to an iron pin; thence south 1 degree east 1,660 feet to an iron pin at a point on the south line of Land Lot 17; thence south 89 degrees west 1,380 feet to the east side of Ernest Drive; thence south 3 degrees 30 minutes west 670 feet along the east side of Ernest Drive to a water meter; thence north 79 degrees east 211 feet; thence south 12 degrees east 635 feet to an iron pin; thence north 89 degrees east 1,087 feet to an iron pin; thence south 1 degree east 2,199 feet to a highway right-of-way marker on the west side of Highway 54; thence in a southeasterly direction along the west side of Highway 54 a distance of 1,490 feet to a point on the east line of Land Lot 49; thence

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south 30 minutes east 745 feet to an iron pin at the north side of the Central of Georgia Railroad right-of-way and the corporate limits of Lake City; thence north 70 degrees 22 minutes west 843 feet along the north side of the Central of Georgia Railroad right-of-way and the corporate limits of Lake City, to an iron pin; thence south 30 minutes east 1,583 feet along the corporate limits of Lake City; thence south 89 degrees west 2,309 feet along the corporate limits of Lake City to a point on the east side of the intersection of East Street and Linda Way; thence south 1 degree 15 minutes east 2,018 feet along the east line of Land Lot 79 and the corporate limits of Lake City to the southeast corner of Land Lot 79; thence south 1 degree 15 minutes east 590 feet along the corporate limits of Lake City to an iron pin; thence south 89 degrees 56 minutes west 344 feet along the corporate limits of Lake City to an iron pin; thence south 20 degrees west 341 feet along the corporate limits of Lake City to an iron pin; thence south 7 degrees west 289 feet along the corporate limits of Lake City to an iron pin on the north side of Pineridge Road; thence south 74 degrees east 514 feet along the north side of Pineridge Road and the corporate limits of Lake City to an iron pin; thence south 1 degree 15 minutes east 1,593 feet to the point of beginning. Corporate limits. Section 2. The City of Forest Park shall be divided into the following wards: Ward One: Bounded on the north by the city limits, on the east by the center of Hendrix Dr., on the south by the C. of Ga. Rr., on the west by the city limits. Wards. Ward Two: Bounded on the north by the city limits, on the east by the center of College St., on the south by the C. of Ga. Rr., on the west by the center of Hendrix Dr. Ward Three: Bounded on the north by the city limits, on the east by the city limits, on the south by the C. of Ga. Rr., on the west by the center of College St.

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Ward Four: Bounded on the north by the C. of Ga. Rr., on the east by Lake Dr. (from Central) south to West St. and thence a line due south to the city limits, on the south by the city limits, on the west by the city limits. Ward Five: Bounded on the north by the C. of Ga. Rr., on the east by East St. and thence a line due south from center of East St. to city limits, on the south by the city limits, on the west by Lake Dr. (from Central south to West St. and thence a line due south to city limits). Ward Six: Bounded on the north by the C. of Ga. Rr., on the east by the city limits, on the south by the city limits, on the west by the center of East St. and thence a line due south from East St. to the city limits. Section 3. The election of city councilmen of Forest Park shall be as follows: 3 councilmen shall be elected in December, 1954 for a period of two years to serve from January, 1955 to January, 1957 from Wards 3, 4 and 6; 3 councilmen shall be elected in December, 1955 to serve from January, 1956 to January, 1958 from Wards 1, 2 and 5. There shall be one councilman at large who shall be elected in December, 1954 for a term from January, 1955 to January, 1957. The Mayor of Forest Park shall continue to serve as now provided for by law. Election of councilmen. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. An Act to amend an Act to create the City of Forest Park to provide for dividing the city into wards. To provide for a mayor and aldermen for said city to define their term and manner of election and compensation. To define said limits of said city, and for other purposes. Ed Kemp, E. A. Foster, Representatives.

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Georgia, Fulton County. Before me, an officer duly authorized to administer oaths, appeared E. A. Foster, who on oath deposes and says that he is a member of the House of Representatives from Clayton County, and that the attached advertisement of notice of intention to introduce local legislation was published on October 29, 1953, November 5, 1953 and November 12, 1953 in the Clayton County News and Farmer, which is the official organ of Clayton County. /s/ E. A. Foster E. A. Foster Representative, Clayton County Sworn to and subscribed before me, this 27 day of November, 1953. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved December 22, 1953. MOUNT ZION CHARTER AMENDED. No. 832 (House Bill No. 934). An Act to amend an Act incorporating the Town of Mount Zion, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3012), so as to authorize the Town of Mount Zion to establish utilities within and without the corporate limits; 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 Mount

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Zion, approved March 4, 1953 (Ga. Laws 1953, Jan. Feb. Sess., p. 3012), is hereby amended by striking from Section 16 the words in and around said town for the health, cleanliness, convenience and comfort of the inhabitants thereof, and substituting in lieu thereof the words both within and without the corporate limits of said town, so that when so ammended Section 16 shall read as follows: Sec. 16, Act of 1953, amended. 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, both within and without the corporate limits of said town, 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 both within and without said corporate limits 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 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. Utility systems. Section 2. Said Act is further amended by striking Section 17 in its entirety and inserting in lieu thereof a new Section 17 to read as follows: 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, both within and without 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 with power also to require changes

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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. Said commission shall be empowered to construct, contract for, lease, rent, or otherwise negotiate for the procurement of such services. Jurisdiction of city. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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: Nov 4, 1953 Nov 11, 1953 Nov 18, 1953 /s/ Jewell R. Dean Publisher Subscribed and sworn to before me this 21st day of November, 1953. /s/ Sarah Irene Dean Notary Public My commission expires Feb 22, 1955. Notarial seal affixed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the November-December, 1953 session of the General Assembly to amend the charter of the Town of Mt. Zion, Ga., so that the gas, water and light commission of said town shall have the authority to establish and maintain a system or systems of sewerage and drainage, waterworks, natural gas and electricity both within and outside of the corporate limits of the Town of Mt. Zion, Ga. C. C. Perkins, Attorney, Town of Mt. Zion, Ga. Nov. 5/3p Approved December 22, 1953. ATHENSPARKING FACILITIES. No. 834 (House Bill No. 1014). An Act to amend an Act entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to authorize the Mayor and Council of the City of Athens to provide off-street parking facilities for motor vehicles and to make a reasonable charge of the use of the facilities so provided, to prohibit sale or dispensing on such facilities of products used in or for the servicing of motor vehicles. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows: Section 1. The Mayor and Council of the City of Athens is hereby authorized and empowered to acquire maintain and provide off-street parking facilities for

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motor vehicles within the corporate limits of The Mayor and Council of the City of Athens, and to make a reasonable charge for the use of the facilities so provided sufficient in amount to defray the cost of providing the same; provided no products used in or for the servicing of motor vehicles shall be sold or dispensed within or on such parking facilities. Parking facilities. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned, in response to a request by The Mayor and Council of the City of Athens, intend to apply to the General Assembly of Georgia at the November, 1953, adjourned session thereof for an amendment to the charter of The Mayor and Council of the City of Athens providing that The Mayor and Council of the City of Athens shall have authority to provide off-street parking facilities for motor vehicles within the corporate limits of the City of Athens and to make a reasonable charge for the use of the facilities so provided. This November 12, 1953. Chappelle Matthews, Robert G. Stephens, Jr., Representatives from Clarke County in the General Assembly of Georgia. N-13-20-27. Georgia, Clarke County. Personally appeared before me, the undersigned attesting office authorized by law to administer oaths, E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which the sheriff's advertisements of Clarke County are published; and that the foregoing notice of intention

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to apply for local legislation affecting The Mayor and Council of the City of Athens was published in the Athens Banner-Herald on November 13, 1953, November 20, 1953 and November 27, 1953. /s/ E. B. Braswell Certified and sworn to before me this 30th day of November, 1953. /s/ James Banon Notary Public, Clarke Co., Ga. Approved December 22, 1953. WILLACOOCHEE CHARTER. No. 836 (House Bill No. 986). An Act to create an amended charter for the Town of Willacoochee, in the County of Atkinson, and to reincorporate said town as a city, and define its territorial limits; to continue in operation, confirm, and consolidate all Acts heretofore passed incorporating said town and amending the charter thereof; to provide for all ordinances, rules, regulations and resolutions of said town, now in force and not in conflict with this Act, to be preserved, continue 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 in office of the present officers of said town until the elections provided for in this charter are 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

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Mayor's court and the trial and punishment therein of all offenders against the laws of said city, and other offenses, and the 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 board of aldermen and to define their powers and duties; to provide for the punishment of violators of the ordinances of said city, and other offenses; to define the special powers and duties of the mayor; to provide for the election of a mayor and board of 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 city elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decisions of the city clerk refusing to allow any person to register; to provide for a notice to persons whose name is stricken from the voters' list and for a hearing on same; to provide for a city clerk and treasurer, a town marshal, attorney and other officers, their oaths, bonds and for their compensation and their removal from office; to provide for the taking of appearance bonds and for the forfeiture of the same, to provide for appeals and certiorari from the mayor's 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 city; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decisions of the board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the city; and to define its limits; to empower said city to widen its streets; to provide for the removal of obstructions from streets; to empower said city to require railroad companies

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to make and repair crossings in said city; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades and businesses, callings, and professions; to provide for the registration of trades and businesses, and to authorize said city to require any person engaging in any trade, profession or business, to purchase a license to do so; to provide for the revocation of such license; 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 power to impound the same; to provide for the opening of new streets, and the right to condemn property for such purposes, to provide for the improvement of streets in said city; to provide for the cost of such improvements, and for the assessment against abutting property therefor; to provide for the cost of curbing, drains, and manholes; to compel the connection of water and gas lines; to provide for the prorating of assessments; to provide for the 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 a lien for street and sidewalk improvements; to provide for the issuance of executions for street and sidewalk improvements, and the levy and sale of abutting property thereunder; and for the transferring of such execution; to provide for affidavits of illegality to street and sidewalk 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 improvement 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 of Willacoochee and for the payment of the same; to provide for the rank of liens of assessments for street

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improvements; to provide for a sewerage system, for the extension of such systems, and for the assessments, for the taking of property for sewerage system; for the extension of such system, and for the making of sanitary lots; to authorize the city to maintain and operate a system of waterworks; and other public utilities; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for general policing and all police law; to provide for all matters and things necessary or proper or incident to a municipal corporation, and inhabitants and well being thereof; to provide for the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said city; to provide for the collection of sanitary taxes; to provide for a board of health and 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 city and for fire regulations therein, to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a city cemetery and its regulation; to provide for the powers of said city to grant encroachments on public streets; to provide for a city prison; 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 regulation of trees in said city; to empower said city to require all male citizens between the ages of eighteen and fifty to work on the streets of the city 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 to pay commutation tax; to provide for the regulation of 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

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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 zoning of property in said city for all purposes; 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 a tax to pay said bonds; to provide for the sales of property by the mayor and aldermen; to provide for the recall of elected officers; to provide that receipts and disbursements be published in the official gazette of the City of Willacoochee; to provide for the sale, control, and regulations of malt beverages; to provide for the repeal of all Acts incorporating the Town of willacoochee, and all Acts amendatory thereof; to provide that if any part of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining parts or portions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: TABLE OF CONTENTS. PART IINCORPORATION. Section 101. Incorporation. Section 102. Corporate limits. Section 103. Corporate powers. Section 104. Corporate seal. Section 105. Present city officers confirmed. PART IIORGANIZATION OF MUNICIPAL GOVERNMENT. Section 201. Governing body and powers. Section 202. Election of mayor and aldermen, terms of office, etc. Section 203. Qualifications of mayor and aldermen.

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Section 204. Notice of candidacy, mayor and aldermen candidacy. Section 205. Candidates, prohibited acts. Section 206. Mayor. Section 207. Clerk, treasurer, marshal, etc. Section 208. City clerk. Section 209. Mayor pro tem. Section 210. City attorney. Section 211. Meetings of board of aldermen. Section 212. Mayor's veto. Section 213. Examination of official conduct. Section 214. Impeachments. Section 215. Recall of officers. Section 216. Employment of city officers. PART IIIELECTIONS, VOTERS. Section 301. Qualified voters. Section 302. Elections. Section 303. Election tally sheets, disposition, etc. Section 304. Registration. Section 305. Registrars. Section 306. Voters' List. Section 307. Appeals. Section 308. Purging of lists. Section 309. Illegal voting. PART IVTAXATION, FINANCES AND LICENSES. Section 400. Tax rate, bonded indebtedness. Section 401. Tax returns. Section 402. Board of tax assessors, appeal therefrom, assessments. Section 403. Appeal therefrom to council. Section 404. Collection of taxes. Section 405. Special assessed valuations. Section 406. Licenses. Section 407. Licenses, same. Section 408. Licenses, same. Section 409. Licenses, same. Section 410. Licenses, same.

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Section 411. Revocation of licenses. Section 412. Street tax. Section 413. Exemption from street tax. Section 414. Dogs. Section 415. Bonds and revenue certificates. Section 416. Plans, specifications, etc. Section 417. Bond elections. Section 418. Sinking fund. Section 419. Temporary loans. Section 420. Revenue producing projects. Section 421. Executions. Section 422. Treasurers' statement. PART VSTREETS, SIDEWALKS, ETC. Section 501. Streets, sidewalks, etc. Section 502. Ordinances for street improvements, etc. Section 503. Number of petitioners, etc. Section 504. Notice of intention, objections. Section 505. Contracts for improvements. Section 506. Appraisal of costs. Section 507. Assessments, notice, payment, etc. Section 508. Executions, sales. Section 509. Transfer of executions. Section 510. Ordinance as notice of lien. Section 511. Illegality. Section 512. Municipal, county and State Ownership of abutting land. Section 513. Condemnation. Section 514. Street and sidewalk improvements. Section 515. Water, gas and sewer pipes. Section 516. Computation of assessments. Section 517. Assessments of costs, streets, etc. Section 518. Sidewalk improvements. Section 519. Assessments, sidewalks. Section 520. Bond elections. Section 521. Installment payment of assessments. Section 522. Installment payment of assessments. Section 523. Lien of installment assessments. Section 524. Street improvement bonds. Section 525. Collections.

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Section 526. Executions. Section 527. Payment of city's share. Section 528. Code provisions. PART VILAW ENFORCEMENT, PUNISHMENT AND PROCEDURE. Section 601. Mayor's court. Section 602. Hearings. Section 603. Arrests. Section 604. Accusations, warrants, etc. Section 605. Fees. Section 606. Prisoners. Section 607. Appeals from mayor's court, certiorari. Section 608. Commitment trials. Section 609. Arrests, aid of private citizens. Section 610. Escapes. Section 611. Public work camps and work gangs. Section 612. Sheriff as marshal. PART VIIHEALTH, WATER AND SANITATION. Section 701. Board of health, nuisances. Section 702. Health regulations. Section 703. Drainage of lots and cellars. Section 704. Nuisances. Section 705. Waterworks commission. Section 706. Garbage collection, fees. Section 707. Regulation of garbage collection. Section 708. Sewers and drainage. Section 709. Rights of-way. Section 710. Ordinances for sewage, drainage, sanitation. Section 711. Sewerage extension beyond limits. Section 712. Assessments for sanitation purposes. Section 713. Jurisdiction of city extended for police and sanitation. Section 714. Condemnation of water rights, etc. Section 715. Water closets, urinals, etc.

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PART VIIIGENERAL PROVISIONS. Section 801. Existing ordinances. Section 802. Consolidation of prior Acts. Section 803. Code Provisions. Section 804. Condemnation. Section 805. City code. Section 806. General welfare powers. Section 807. Zoning. Section 808. Building permits. Section 809. Parks. Section 810. Fire department. Section 811. Fire protection. Section 812. Vehicles. Section 813. Animals. Section 814. Trees. Section 815. Churches and cemeteries. Section 816. Public school system. Section 817. Charity solicitation. Section 818. Alcoholic liquors. Section 819. Malt beverages. Section 820. Immoral conduct. Section 821. Houses of ill fame, etc. Section 822. Idleness and loitering. Section 823. Gunpowder, oils, etc. Section 824. Franchises, easements. Section 825. Sale of city property. Section 826. Repealing clause. Sections separately enacted. Section 827. Effective date of charter. Section 828. Notice of intention to apply for legislation. PART IINCORPORATION. Section 101. Incorporation . From and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Willacooche, located in the County of Atkinson, State of Georgia, be and are hereby incorporated under the name and style of City of Willacoochee, Georgia. Incorporation.

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Section 102. Corporate limits . The corporate limits of the City of Willacoochee shall embrace all the territory within one mile of the northeast corner of the bank building wherein was formerly situated the Bank of Willacoochee, in said City of Willacoochee, said corporate limits to be two miles in diameter, with said northeast corner of said building for the center. Corporate limits. Section 103. Corporate powers . From and after the passage of this Act, the inhabitants of the territory described in Section 102 of this Act, located in the County of Atkinson, State of Georgia, be and are hereby incorporated, under the name of City of Willacoochee, Georgia, and said City of Willacoochee, Georgia is hereby chartered and made a city under the corporate name of City of Willacoochee, Georgia, 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 Town of Willacoochee shall be and are hereby vested in said City of Willacoochee, Georgia as created by this Act; and the City of Willacoochee, Georgia 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 Willacoochee 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, land and tenements and hereditaments, and of whatever kinds, and within or without the limits of said city, and for corporate purposes said City of Willacoochee 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

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and undertakings of said Town of Willacoochee, as its mayor and aldermen as a body corporate as heretofore incorporated. Corporate powers. Section 104. Corporate seal . Said City shall have a corporate Seal which shall consist of the words City of Willacoochee, Georgia in a circle with the figures 1889 also in said circle at the bottom thereof, and the word Seal in the center of said circle, said word and figures so cut or fixed in a metal device so that said seal can be impressed on written instruments to which said City is a party. The city clerk of said City shall be the custodian of said corporate seal. Corporate seal. Section 105. Present city officers confirmed . The present mayor and aldermen of said City of Willacoochee shall continue in office for the respective terms for which they shall have been heretofore elected and until their successors have been elected and qualified as hereinafter provided, and said mayor and aldermen shall exercise all the powers and authorities conferred upon the mayor and aldermen of said City of Willacoochee, created by this charter. Present officers confirmed. PART II. ORGANIZATION OF MUNICIPAL GOVERNMENT. Section 201. Governing body and powers . The municipal government of the City of Willacoochee shall consist of and be vested in a mayor and five 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, railroads, trains, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theaters, picture shows and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements;

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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 city 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 city, 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 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 so as to restrict the mayor and aldermen to said powers alone but their powers 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. Governing body and powers. Section 202. Election of mayor and aldermen, terms of office, etc . On the 3rd Saturday in December, 1953, there shall be elected for the said city, by the qualified voters therein, a mayor and two aldermen who shall be elected to serve for a term from the first Monday in January, 1954, to the third Saturday in December, 1955, and biennially thereafter, a mayor and two aldermen shall be elected to serve for a term of two years for said city. Then on the third Saturday in December, 1954, there shall be elected for the said city, by the qualified voters therein three aldermen who shall be elected to serve for a term from the first Monday in January, 1955, to the third Saturday in December, 1956, and biennially thereafter, three aldermen shall be elected to serve for a term of two years

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for said city, it being the purpose of this section to provide a rotation system for the office of mayor and aldermen in order that at no time shall there be elected for office at the same time a new mayor and board of aldermen throughout, but that after every election there shall remain in said body either a mayor and two aldermen, or three aldermen 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 aldermen. All elections for mayor and aldermen elected under the provisions of this charter except as herein above set out shall be for two years, commencing on the third Saturday in December, of each year. On the third Saturday in December, in each year, 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 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 Alderman as the case may be) of the City of Willacoochee 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. 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 board of aldermen, 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. If an unexpired term exceeds twelve (12) months, the same shall be filled in the above manner until the next regular election when the same shall be filled by election of the qualified voters of said city. Election of mayor and aldermen; terms. Section 203. Qualification of mayor and aldermen .

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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 has resided in said city one year immediately preceding his election and shall be a qualified voter in municipal elections for officers of said city, nor 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. Qualifications. Section 204. Notice of candidacy. Mayor and aldermen, candidacy . All persons desiring to qualify as candidates to the office of mayor or for alderman shall file written notice of their intention with the city clerk at least fifteen (15) days in advance of any regular city election. Said notice shall be signed by the candidate, and shall state the office to which he seeks election. Candidacy. Section 205. Candidate, prohibited acts . No candidate for mayor, or alderman shall, before his election directly or indirectly, promise any person that he will appoint or vote for appointment of such person, or any other person, to any office, agency or employment in the government of said City of Willacoochee. For a violation of this provision, such candidate making such promise, and the person soliciting the same, shall forfeit his office and either or both shall, upon conviction, be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933, and upon the trial of any person for the violation of this section of this Act, both the candidate making the promise and the person soliciting the same shall be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him or her in any prosecution except upon an indictment for perjury in any matter to which he may have testified. Candidate, prohibited acts. Section 206. Mayor . 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

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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 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 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 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 Mayor's Court or the City of Willacoochee, 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; or the laws of this State and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such mayor's 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 all 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 207. Clerk, treasurer, marshal, etc . At the first regular meeting of the mayor and aldermen in January, 1954, and annually thereafter, the mayor and aldermen shall elect a city clerk and treasurer; and said clerk and treasurer to give bond with security in a corporate surety company in the sum of $1,000.00 for the

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faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as the judgment of the mayor and aldermen shall be necessary, 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 Willacoochee. 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 mahyor and aldermen to fix the salaries, or compensation, of said mayor and aldermen, and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, aldermen or officers. However, the salary of the mayor of said city shall not exceed the sum of $5.00 per meeting; the salary or compensation of the clerk and treasurer of said city shall not exceed the sum of $2,400.00 per year; the salary of the marshal or chief of police of said city 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 city purposes shall be paid out of the city funds by an order drawn by the city clerk, and countersigned by the mayor, 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 mahor 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. Clerk, treasurer, marshal, etc. Section 208. City clerk . Said city clerk shall be a practical bookkeeper, 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 and of the mayor's court, and shall keep the minutes of the mayor and aldermen

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and of the mayor's court; copies of all papers filed in the office of the clerk, and transcripts of the records of the mayor and aldermen and of the mayor's 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 docket 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 into the city treasury. He shall perform such other duties as the mayor and aldermen shall by ordinance otherwise require and direct. City clerk. Section 209. Mayor pro tem . The mayor and aldermen at their first regular meeting in January, 1954, 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 210. City attorney . The Mayor and Aldermen of the City of Willacoochee shall have power and authority to employ competent counsel for said city whose salary or compensation, term of office and duties shall be fixed by ordinance. City attorney. Section 211. Meetings of board of aldermen . The mayor and three aldermen shall constitute a quorum for the transaction of any business before that 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. The mayor and board of aldermen of said city 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 aldermen in special sessions

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whenever he deems it proper, and the mayor and aldermen shall have full authority and power to perform any of their duties or powers at a special or called session. Meetings of board of aldermen. Section 212. Mayor's veto . Every ordinance and resolution passed, and every election of an officer or employee by the mayor and board of aldermen, shall be subject to the veto of the mayor in the following manner: The mayor shall within four days write out his objections to such resolution, ordinance, or election, and the mayor and aldermen shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered in the minutes and take a vote on the question as to whether said ordinance, resolution or other action shall become adopted over the mayor's veto. Should as many as four aldermen vote in the affirmative, said resolution, ordinance or other action shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all such cases be entered on the minutes. Mayor's veto. Section 213. Examination of official conduct . 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 214. Impeachments . The mayor and aldermen of said city shall be subject to impeachment by a proceeding brought by a resolution of the mayor and aldermen, and tried before the mayor and aldermen for any act of misfeasance, nonfeasance or malfeasance, connected with the official conduct of such mayor or aldermen, or for any conduct in private life which involves moral turpitude, or tends to bring discredit upon the City of Willacoochee and its citizens. In any such proceedings,

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the mayor or any aldermen whose conduct is thus in question, shall not be qualified to sit on said proceeding or to cast any vote in connection therewith. A two-thirds majority of those qualified to sit and so voting shall be necessary to impeach such mayor or alderman, and on conviction such mayor alderman shall be removed from office instanter. Impeachments. Section 215. Recall of officers . In addition to the method now provided for removal of mayor or any alderman of the City of Willacoochee; said officers and each of them shall be subject to removal during their respective terms of office in the following additional manner: When one-fourth of the qualified voters of said city as shown by the qualified voters list used in the last preceding general municipal election shall so request in a petition filed in the office of the city clerk, an election shall be called and held within thirty (30) days from the date of the filing of said petition, at which election the only subject shall be the recall or non-recall of the mayor or any aldermen, or of the mayor and any aldermen, or any two aldermen of said city. It shall be the duty of the board of registrars of said city to check the names on said voters list and certify to the Mayor and Aldermen of the City of Willacoochee the number of qualified voters thereon in order that the mayor and aldermen may be able to correctly determine whether the required number has signed said petition. This certified list shall be submitted to the Mayor and Aldermen of the City of Willacoochee with said petition. Said petition must be filed with said city clerk at least five (5) days prior to the meeting of the mayor and aldermen at which said petition and certified list is to be considered by the mayor and aldermen in order that said list may be checked as herein provided. When said petition with said certified voters list is filed as herefore provided, the Mayor and Aldermen of the City of Willacoochee shall order an election to be held within thirty (30) days as above mentioned if one-fourth of the qualified voters determined as above provided appear to have signed said petition. Such election shall be held under the same rules and regulations

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as govern other regular city elections. At this special election each ballot shall be as follows, with the names of the officer or officers and the office inserted in the blanks as follows, to wit: Recall of officers. 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 favor the recall of such officer or officers such office or offices is hereby declared vacant at the moment said votes are canvassed and the result announced by the Mayor and Aldermen of the City of Willacoochee. A meeting of the mayor and aldermen shall be called and held for this purpose, if no regular meeting intervenes, within not less than five (5) days from the date of such election. At said meeting the election managers shall make a return of the votes cast in said election by report of same to the mayor and aldermen in writing, and thereupon the mayor and aldermen shall examine said returns and declare the result. Vacancies created by recall as herein provided shall be filled in the same manner as vacancies created otherwise are filled. If an election is held on a recall petition and the official involved wins the election he shall not be subject to further recall elections during the term for which he shall have been elected. If an election is held on a recall petition the mayor or alderman for whose recall the election is held shall not be qualified to act on said petition or in receiving and declaring the result of any election held thereon or in calling an election. Section 216. Employment of city officers . The mayor and each member of the board of aldermen shall be qualified to serve the municipality in any office or position

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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 aldermen may be designated as mayor pro tem. to serve in the absence or disability of the mayor. Employment of city officers. PART III. ELECTIONS, VOTERS. Section 301. Qualified voters . All persons qualified to vote for members of the General Assembly of this State and who shall have resided in the City of Willacoochee three months prior to 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 for by this charter. Qualified voters. Section 302. Elections . Elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Willacoochee, shall be managed by a justice of the peace or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before a justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept copies of two lists of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the mayor and aldermen shall provide as many voting booths as may be necessary at said city hall or other designated place for the holding of the election. The polls shall be open at 7:00 o'clock A. M. and close at 6:00 P. M. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and aldermen. The mayor and

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aldermen shall determine and provide for the payment of managers of any elections, but such pay or compensation shall not exceed the sum of $5.00 per day for each manager or clerk. No candidate for alderman shall be required to confine his candidacy to a particular place on the board of aldermen or to designate the name of the holder of a place on said board of aldermen 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 the board of aldermen and such candidate is seeking to fill such vacancy, to name the last holder of the place which has become vacant. Elections. 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. A certificate of election shall be furnished by the managers of the election to the candidates for mayor receiving the most votes. A similar certificate of election shall be furnished by said managers to each elected candidate for alderman. In general elections, when there are three aldermen to be elected, the three candidates who receive the most votes shall be entitled to such certificates of elections, and the same shall be furnished by said managers. In any case where more than one but less than three 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. Section 303. Election tally sheets. Disposition, ties . 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 Atkinson 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

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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. In case of a tie between two or more candidates in any election for mayor and aldermen or either of them, or other elective officer, 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 registration list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Tally sheets. Ties. Section 304. Registration . 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 9:00 o'clock A. M., and 4:00 o'clock P. M. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book be again opened following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, and who upon the day of the election, is then a resident, will have resided in said city for three months 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 Willacoochee three months next preceding your registration, or that by the date of the next city election, if

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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 18 years old; 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 city so long as he remains a resident of said city, and does not disqualify himself, it being the purpose of this Act to provide a permanent system of registration for said city. Provided, the present registration list of said city shall be preserved, and persons having qualified previously, shall not be required to re-register. Registration. Section 305. Registrars . 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 the duties devolving upon them as registrars; said oath shall be in form prescribed by the mayor and board of aldermen. The compensation of such registrars shall be fixed by the mayor and board of aldermen, 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 306. Voters' list . The Clerk of the City of Willacoochee shall close the registration book twenty days before any regular or special election, to be held in said city at four o'clock P. M. on such closing day and shall not permit any person to register after such time

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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 Willacoochee, 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 307. Appeals . All persons shall have the right to appeal from the decision of the clerk, refusing any person the right to register; such appeal shall be made to the board of registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person or persons to vote in such election and the decision of said board shall be final. Appeals. Section 308. Purging of lists . The board of registrars 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 notie 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

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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 by mailing same addressed to such person or persons whose name or names appear on said registration book, postage prepaid, addressed to Willacoochee, Georgia, 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 309. Illegal voting . 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 304 hereof, shall be guilty of a misdemeanor, and punished accordingly. Illegal voting. PART IV. TAXATION, FINANCES AND LICENSES. Section 400. Tax rate, bonded indebtedness . For the purpose of raising revenue for the support and maintenance of the government of said City of Willacoochee 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 and one-half of one per centum upon the value of said property on the hundred worth of taxable property, exclusive of the taxes for public schools as now authorized by law;

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and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said city authorities and to provide a fund for the payment of the annual interest on said bonds a 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 401. Tax returns . All persons owning property in the City of Willacoochee shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of January first of each year; and the books for recording same shall be open on February first and close as of April first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 402. Board of tax assessors, assessment, appeal therefrom . 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 five dollars per day for each tax assessor for each day actually spent in the performance of the duty of such

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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 of 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 April 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 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 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 taxpayer, with postage prepaid to his last known address shall constitute legal notice to him. Tax assessors. Assessments. Appeal. Section 403. Appeal therefrom to council . 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 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,

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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 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 to council. Section 404. Collection of taxes . 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 405. Special assessed valuation . No land, including farm land, within the corporate limits of the City of Willacoochee, shall have the benefit of any special assessed valuation for city ad valorem tax. Special assessed valuation. Section 406. Licenses . Said mayor and board of aldermen shall have full power and authority to require any person, 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 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

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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 407. Licenses, same . 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. Places of amusement. Section 408. Licenses, same . 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 superintendence as will insure fair dealing between them and their customers. Brokers. Section 409. Licenses, same . 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, taxies, 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,

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and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other business, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Others. Section 410. Licenses . At the first regular meeting of the mayor and aldermen in each year, said mayor and aldermen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades, or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as city ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by the City of Willacoochee without having first procured such license and complied with all other requirements of said City of Willacoochee, 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 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 the 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 Willacoochee, requiring a license, prior to May first of any year, the mayor and aldermen shall add the sum of twenty percent (20%) penalty above provided. The

Page 3070

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 411. Revocation of license . 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 Willacoochee, 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 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 board of aldermen 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. Section 412. Street tax . The Mayor and Aldermen of the City of Willacoochee may require and compel all male persons between the ages of eighteen and fifty who have resided in the City of Willacoochee as long as thirty days, except those who are exempt in Section 413 of this Act, to work upon the streets of said City of Willacoochee 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, he shall be

Page 3071

deemed to be guilty of a violation of this section, and on conviction in the mayor's court of said city, shall be punished by a fine not exceeding fifteen dollars or imprisonment in the city prison or by labor on the chain gang 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 413. Exemptions from street tax . All ordained ministers of the gospel, who are in 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 412 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 414. Dogs . The mayor and aldermen of said city shall have proper 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 415. Bonds and revenue certificates . The Mayor and Aldermen of the City of Willacoochee 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 property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping and maintaining waterworks, water supply system, and gas systems and services and electric

Page 3072

light system; for laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lands, alleys, crossings and public places in said city; for fire protection, fire-fighting equipment and facilities, hospitals, and for any and all public uses and purposes that may be needed for said city. Bonds and revenue certificates. Section 416. Plans, specifications, etc . Before any proceeding toward the issuing of bonds for any of the purposes named in Section 415, 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, etc. Section 417. Bond elections . Before any bond of said city shall be issued for any of the purposes named in Section 415 of this charter, the mayor and aldermen 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 interet 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 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 executed. 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 the said

Page 3073

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 purpose as heretofore stated in Section 415 of this Act as they are empowered under Section 420 of the Act. Bond elections. Section 418. Sinking fund . Whenever any bonds are issued by said city, 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 419. Temporary loans . The mayor and aldermen of said city shall have power and authority, when necessary to supply casual deficiencies, in the revenue of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for that purpose. Temporary loans. Section 420. Revenue-producing projects . The said city, by and through its mayor and aldermen, 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

Page 3074

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 all the things and acts authorized by the Revenue Certificate Law of 1937 of this State, and Acts amendatory thereof. Revenue-producing projects. Section 421. Executions . All executions, in favor of the City of Willacoochee for the enforcement and collection 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 in 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 Willacoochee 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 of 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 sheriff's sales and constable's sales of similar property; that the time, place, and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for the sale under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax deed, plus a premium of 10 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 Willacoochee,

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and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State 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 and 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 Willacoochee, 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 Willacoochee. 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 sheriff's and constable's of this State, and the officer making the sales shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Executions. Section 421. Treasurer's statement . The treasurer shall publish a statement of receipts and disbursements in the official paper of the City of Willacoochee not later than January 30 for the preceding year. Treasurer's statement. PART V. STREETS, SIDEWALKS, ETC. Section 501. Streets, sidewalks, etc . The Mayor and

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Aldermen of the City of Willacoochee 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 Willacoochee, and the grading of the same; to open any street and alleys and have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Willacoochee 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 Willacoochee 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, side walks, or public squares of said city. Said Mayor and Aldermen of the City of Willacoochee shall have power and authority (except as such power may be restricted by an existing general law) to regulate the use of the streets, sidewalks and public grounds for sign posts, awning, telegraph, telephone poles, rack and for carrying banners, hand bills and placards on the streets and sidewalks 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 or 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 such telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. Streets, sidewalks, etc. Section 502. Ordinances for street improvements, etc . No street, avenue, alley, lane, or other public place in any city shall be repaved, or improved until the passage

Page 3077

of an ordinance authorizing the same, and no such ordinance shall be passed unless said mayor and board of aldermen shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons, companis 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 improvements. Section 503. Number of petitioners, etc . 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. Petitioners. Section 504. Notice of intention, objections . 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 Atkinson 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

Page 3078

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, if any property owner or other person desires to make objection to the passage of such ordinance, full opportunity shall be given at such meetings, 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 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 of intention. Objections. Section 505. Contracts for improvements . 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 contractor shall execute

Page 3079

to the City of Willacoochee a good and sufficient bond, in an amount to be stated in such ordinances conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Willacoochee 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 Willacoochee. The right is hereby expressly granted to the City of Willacoochee to call for bids on different kinds of pavement at the same time, for 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 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.

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Section 506. Appraisal of costs . 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 of land abutting on the said improvements as hereinafter 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 pro[UNK]vided, 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 Willacoochee and said notice shall provide for inspection of such returns by any property owner or other party interested in such returns. 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 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 by 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

Page 3081

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 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 507. Assessments; notice, payment, etc . After the adoption of the ordinance provided for in Section 502, of this Act, a written statement shall be furnished by the clerk of said City of Willacoochee, to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing her, his or its prorata 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 the 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 of said notice if statement be mailed to 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. Assessments. Notice. Payment. Section 508. Executions, sales . If any person or persons, company or corporation shall fail or refuse to pay to the clerk of said City of Willacoochee, his, her or its

Page 3082

assessment, as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding section, said clerk will be authorized to issue executions bearing teste in the name of the mayor and 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 executions shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales for city taxes, the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 and Acts amendatory thereof, and said marshal shall have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Willacoochee shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions, sales. Section 509. Transfer of executions . The marshal of said city when so ordered by said mayor and aldermen 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 executions 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 collections of said executions. Transfer. Section 510. Ordinance as notice of lien . The passage

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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 Atkinson County, Georgia under the general registration laws of this State. Ordinance as notice of lien. Section 511. 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 its 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 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 Atkinson 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

Page 3084

special assessment shall be found to be invalid or 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. Illegality. Section 512. Municipal, county and State ownership of abutting land . 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 Act for and on behalf of the State, and where the county is the owner the Commissioner of Roads and Revenues of Atkinson County is authorized to sign the petition provided for in this Act for and in behalf of the county, and where the City of Willacoochee is the owner the mayor of said city is authorized to sign for and in behalf of said city. Municipal, county or State ownership of abutting land. Section 513. Condemnation . 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 the widening, straightening and grading or in any way changing the street lines and sidewalks of the city and where 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 the owner, trustee, administrator, guardian or agent, in the manner provided by Sections 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and aldermen shall have full power and authority to remove or cause to be removed as being a nuisance, talc dust, smoke from factories drifting in and over the corporate limits of the

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City of Willacoochee, and to enforce the provisions of this section by appropriate ordinances. Condemnation. Section 514. Street and sidewalk improvements . The City of Willacoochee, 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 Willacoochee, 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 515. Water, gas, and sewer pipes . Said mayor and aldermen of said City of Willacoochee, 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 expense 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 made a part of the general assessment to cover the cost of such improvement and shall be taxed against the owners of such abutting property. Water, gas, and sewer pipes. Section 516. Computation of assessments . 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

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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 517. Two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public places, 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, man-holes, 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 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. Costs. Section 518. Sidewalk improvements . Said City of Willacoochee 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 aldermen may by ordinance provide for such improvements without

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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 aldermen should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved and reimproved in said city, where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved, or reimproved in connection with the paving, repaving, improving, reimproving of an abutting street, however, bids shall be received therefor and contract let as provided in this Act for paving of streets. Sidewalk improvements. Section 519. Assessments, sidewalks . Two-thirds of the total cost of grading, paving, repaying, 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-third 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 curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts. Assessments. Section 520. Bond elections . The Mayor and Aldermen of the City of Willacoochee are authorized and empowered to call elections by the qualified voters of the

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said city in accordance with the provisions of the laws of Georgia, at such times as said mayor and aldermen may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay prorata part, as designated in this Act, or 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 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, providing the sum raised for this purpose shall be used for no other purpose whatever. Bond elections. Section 521. Installment payment of assessments . If said mayor and aldermen should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessment against the different tracts of land so assessed for the paving, repaving, or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts, may be paid in ten equal installments which shall bear interest at the rate of seven percent per annum until paid. Section 522. Installment payment of assessments . In the event that the mayor and aldermen provide in said assessment ordinances for the paving, repaving or otherwise improving of the streets, lanes, alleys, or public

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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 date upon the whole, shall be due and payable on the first day of September, next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of passage of said assessment ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty days, to the Treasurer of the City of Willacoochee. Installment payment. Section 523. Lien of installment assessments . 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 506 thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Lien of assessments. Section 524. Street improvement bonds . 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 any street, lanes, alleys, or public places in said city that said assessments against the property abutting on said street, 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 Willacoochee issuing the same. One-tenth of the amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on the fifteenth day of October of the next succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding seven 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 benefitted by said improvements under authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk, and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall have 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 prorata share of expense 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,

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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 endorsed upon each of said bonds. Street improvement bonds. Section 525. Collections . In the event that the mayor and aldermen provide in said assessment ordinances for the paving, repaving or otherwise improvement 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 and bonds are issued in accordance therewith, as provided in Section 520 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 Willacoochee, 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 a special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereby, and for no other purpose. Collections. Section 526. Executions . 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 designation of the street, or streets, or other public places for the improvement of which such assessment 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

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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 Willacoochee 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 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 527. Payment of city's share . Be it further enacted, that if the said City of Willacoochee has in its treasury a sufficient amount of money to pay for its prorata 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 that such money be expended for the purpose of paying the prorata 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 the necessity of any election to decide such question. Payment of city's share. Section 528. Code provisions . 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

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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 Willacoochee 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. PART VI. LAW ENFORCEMENT, PUNISHMENT AND PROCEDURE. Section 601. Mayor's Court . There shall be established in the City of Willacoochee, 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: (a) Said court shall be held as often as necessary for the trial of offenders; and the mayor and city board of aldermen 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 board of aldermen. If no recorder be elected by the mayor and city board of aldermen, 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

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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 shall act as clerk of said court, and perform all such duties therein and in the enforcement of its sentences as he may be required by the ordinances of said city or the orders of the presiding officer of said court. Mayor's Court. (b) 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 $500.00 and to imprisonment in the city prison or the jail of Atkinson 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 as fully and in the same manner as city tax executions are enforced. (c) All cases made in said court shall be in the name of the City of Willacoochee; 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. (d) The said mayor's court of the City of Willacoochee shall have jurisdiction within the corporate limits of the City of Willacoochee, as now or hereafter fixed by

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law, to try and dispose of all criminal cases for all offenses below the grade of felonies committed in the City of Willacooche. Said court shall have the frther jurisdiction and authority (1) to try offenses against the laws and ordinances of the municipal government and to punish for a violation of the same; (2) to punish witnesses for nonattendance, and to punish also any person who may counsel 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 (3) to punish for any contempt of court. 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 Atkinson 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 mayor's court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Atkinson County for trial, or in default of bond committed by the mayor's court to the common jail of Atkinson County to await trial, the municipality shall be allowed the following costs: Issuing warrants $1.25 Taking examination of defendant 2.25 Examining witnesses .30 each Making out commitment .35 Summoning witnesses .30 each Serving warrant 1.25 Keeping and maintaining prisoner 1.25 per day

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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 board of aldermen 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 Atkinson County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Section 602. Hearings . 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, or other offenses, 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 or other officer 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 Willacoochee. Hearings. Appearance bonds. Section 603. Arrests . It shall be lawful for the marshal or any policemen of said city to arrest without warrant

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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 persons so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine said person arrested by them in the city prison or in the jail of Atkinson 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 Willacoochee, which violations take place in the presence of the said marshal or policemen. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating 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 Willacoochee; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said town, except in obedience to warrant signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policemen may take cash bonds for the appearance of any person arrested by them, for appearance before the mayor's court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor protem. Arrests. Section 604. Accusations, warrants, etc . 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 ordinance of the

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City of Willacoochee, 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 605. Fees . 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 606. Prisoners . The mayor and aldermen 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. They may also contract with the proper authorities of Atkinson County for the use of the common jail of said county for this purpose. Prisoners. Section 607. Appeal from mayor's court, certiorari . Any person convicted before the mayor, or other presiding officer of the mayor's court, may enter an appeal from the judgment of said court to the board of aldermen; provided, the appeal be entered within four 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 or other officer 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 Atkinson County, provided all costs are first paid and bond 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

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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 court, from certioraring the proceedings directly to the superior court. Appeal from mayor's court. Certiorari. Section 608. Commitment, trials . The mayor or mayor pro tem., in case he shall be presiding, or other presiding officer, shall have the power in said mayor's 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 under the laws of this State, to appear before the Superior Court of Atkinson County. Commitment. Section 609. Arrests, aid to private citizens . The mayor and aldermen of said city shall have the power to authorize by ordinance the marshal and policemen of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any laws of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Section 610. Escapes . 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. Escapes. Section 611. Public work camps and work gangs . The

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mayor and aldermen of the said City of Willacoochee shall have power to organize one or more public works camps or work gangs, and confine therein persons who have been sentenced to work on 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 and groups. Section 612. Sheriff as marshal . 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, such act or acts shall not fail for lack or absence of said officer, the Sheriff of Atkinson 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. PART VII. HEALTH, WATER AND SANITATION. Section 701. Board of health, nuisances . 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 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.

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Section 702. Health regulations . 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 violations 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 small pox or other contagious diseases when in their judgment it is best for the welfare and health of the inhabitants of the city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the city to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Health regulations. Section 703. Drainage of lots and cellars . 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 recomend 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 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 704. Nuisances . 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

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mayor's 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 705. Waterworks commission . There shall be a waterworks commission for the City of Willacoochee, in the County of Atkinson, 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 one year, one for a term of two years, one for a term of three years, and thereafter their successors shall be appointed for a full term of three years. Said commissioners shall receive such remuneration as may be fixed by mayor and aldermen of said city, not to exceed five dollars ($5.00) 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 contracts and employ or discharge such persons in the operation of said systems, or either one thereof, 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, and a gas system, in and for said city, with the amount of funds made available to them by the mayor and aldermen of the city, or funds arising from the operation of the water system, or out of funds arising from the sale of revenue-producing certificates or bonds issued by the city. They shall also have the management in like manner, and control of the operation of a 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

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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 purposes for which they deem proper. The commission shall regulate and provide for the private use of water, lights and gas, when the city owns any such plants, fix the time, price and place of payment for such services, and in default of payment for such services, they may shut them off and keep the same shut off until all arrears are fully paid. Should it become necessary to enforce payment for services already rendered, they may recommend to the clerk of the commission the issuance of execution for the amount due of 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. The clerk of the City of Willacoochee shall be ex officio clerk of said commission. 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 expenditures of said funds, providing that the net income from the waterworks system shall, semi-annually, by April 30th and October 31st of each year, be turned over to the mayor and aldermen to be used to retire revenue certificates now outstanding or any certificates of like character issued in the future. Revenue-producing certificates . Should said commission deem it advisable to create additional debts for the erections, enlargement, or improvement of any of the systems under their control by virtue of this Act, the

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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 purpose, 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. 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 semiannual 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 for neglect of duty or malfeasance in office, or upon a majority vote of the board of aldermen of the City of Willacoochee, at any time. Said commission may pass such ordinances and bylaws for the protection of any such systems as they may deem proper, and when such ordinances and bylaws are approved by the mayor and aldermen of said city, they shall have the force and effect of ordinances 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.

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Section 706. Garbage collection, fees . The mayor and aldermen shall have full power and authority to provide a system of garbage collections for said city. The mayor and aldermen 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 aldermen are hereby authorized to levy a schedule of garbage collection fees on residences, apartments and business establishments; provided that no residence or apartment shall be charged more than one dollar ($1.00) per month per family and no business house shall be charged more than two dollars per month. The mayor and aldermen are hereby authorized to allow discounts on said assessments when paid annually in advance. Said garbage fees may be collected by levy and sale other executions. Garbage collection. Fees. Section 707. Regulation of garbage collection . The mayor and aldermen may by proper ordinance provide such rules as they may deem necessary and proper, for the orderly and economical collection of garbage in the City of Willacoochee; 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 others rules that in their discretion will expedite said collections. Nothing herein contained shall be construed as allowing waste products from any mill, show, packing house or other processing plant to be termed garbage so as to 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. Regulation of garbage collection. Section 708. Sewers and drainage . 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

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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 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 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 709. Rights-of-way . In case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right-of-way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets, under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Rights-of-way. Section 710. Ordinances for sewerage, drainage, sanitation . Said mayor and aldermen may provide by ordinance

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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. Ordinances. Section 711. Sewerage extension beyond limits . 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 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 extension beyond limits. Section 712. Assessments for sanitation purposes . Said mayor and aldermen shall have full power and authority to make assessments on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and aldermen are hereby empowered to collect the same by execution against the lots so assessed and the owner 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 said city. The amount so collected shall be used for sanitary purposes only. The said mayor and aldermen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residential 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 residential lots subdivided. Sanitation assessments. Section 713. Jurisdiction of city extended for police and sanitation . Jurisdiction of the mayor and aldermen and the territorial limits of the City of Willacoochee 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

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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, with 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, sewerages 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 of city beyond limits. Section 714. Condemnation of water rights, etc . 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 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 herein granted be exercised, all proceedings shall be under the provisions of Section 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof; provided, however, that nothing contained in this section or elsewhere in this Act shall be construed as authorizing or empowering the said city or its mayor and aldermen to condemn or take the property or business of any regulated electric utility furnishing service either within or outside the city limits. Condemnation of water rights.

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Section 715. Water closets, urinals, etc . 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 locations, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and 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 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 aldermen, and if said property owners 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

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becomes a nuisance or injurious to the health, comfort, convenience or well being of the inhabitants of said city. Water closets, urinals, etc. PART VIII. GENERAL PROVISIONS. Section 801. Existing ordinances . All ordinances heretofore adopted by the Mayor and Aldermen of the Town of Willacoochee, 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 Willacoochee may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 802. Consolidation of prior Acts . All Acts of the General Assembly of Georgia heretofore passed incorporating the Town of Willacoochee, 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, except as are expressly preserved in this Act. Consolidation of prior Acts. Section 803. Code provisions . All matters not provided for in this charter shall be governed by the provisions of Title 69, Code of Georgia of 1933. Code provisions. Section 804. Condemnation . The mayor and aldermen of said City of Willacoochee shall have full power and authority to condemn private property, except the property or business of a regulated electric utility furnishing service within or outside said city, for any public purpose, such as establishing public streets, sidewalks, parks, playgrounds and hospitals; for right-of-way for any electric light, water supply, gas or sewer line, or sewerage disposal plant, for sites and 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 lines and

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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. Section 805. City code . The mayor and aldermen of said city shall cause to be codified all ordinances of said City of Willacoochee together with this Act into one book to be known as The Code of the City of Willacoochee, 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 Atkinson County, Georgia, for recording deeds. Said mayor and aldermen shall as soon as possible, pass and adopt such code, as the code of the City of Willacoochee; 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 Willacoochee, certifying the same to be the code of ordinances and laws of said city. City code Section 806. General welfare powers . The mayor and aldermen of the City of Willacoochee 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 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

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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 807. Zoning . The mayor and aldermen 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. Section 808. Building permits . 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 city 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.

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Section 809 Parks . Said Mayor and Aldermen of the City of Willacoochee, shall have power and authority to acquire, on behalf of the City of Willacoochee, Georgia, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city for said purpose. Parks. Section 810. Fire department . 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 volunteers, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Fire department. Section 811. Fire protection . Said mayor and aldermen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Willacoochee 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, 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 executions; 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

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expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire protection. Section 812. Vehicles . 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 vehicle 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 813. Animals . 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 impoundings 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 animals under such rules and regulations as may be prescribed by the mayor and aldermen. Animals. Section 814. Trees . The Mayor and Aldermen of the City of Willacoochee, 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

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telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and aldermen, 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 aldermen 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 move 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 such property owner. Trees. Section 815. Churches and cemeteries . 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 816. Public school system . The mayor and aldermen of the City of Willacoochee shall have the right and power to establish and or maintain in said City of Willacoochee a system of public schools; to regulate, supervise, and maintain said public school systems; and to contract in any lawful way deemed advisable by said mayor or aldermen for the operation, maintenance and improvement of such public school system. Public school system. Sections 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 of the New Charter of the Town of Willacoochee, enacted by the General Assembly of the State of Georgia, at page 701 of the 1904 Session Laws, relative to the public school system and the board of education therefor of the Town of Willacoochee, are expressed, preserved and are not repealed by this Act. Section 817. Charity solicitation . Soliciting charity or relief campaigns within said city shall be subject to regulation

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by ordinance by the mayor and aldermen of Willacoochee. Charity solicitation. Section 818. Alcoholic liquors . 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 believe, or may suspect to be a blind tiger, or other unlicensed 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 city 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 819. Malt beverages . The sale and distribution of malt beverages is hereby authorized in the City of Willacoochee, and the mayor and board of aldermen is hereby vested with complete control and power of issuing privileges to sell melt beverages and full and complete power to revoke the privilege to any person authorized to sell malt beverages. Malt beverages. Section 820. Immoral conduct . 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 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 821. Houses of ill fame, etc . The mayor and

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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, etc. Section 822. Idleness and loitering . 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. Section 823. Gunpowder, oil, etc . 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, resin, 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 guns, pistols, anvils and every other kind of gaming or hunting device within the corporate limits of said city. Gunpowder, oil, etc. Section 824. Franchises, easements . 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. No franchise granted by said city to any company or exercised under its authority shall ever be assigned, transferred, sold or consolidated with any other company, except in connection with the issuance or enforcement of rights under the bonds, stocks, mortgages, loans and other financing of the grantee, without the written consent of the Mayor and Board of Aldermen of the City of Willacoochee. Franchises, easements. Section 825. Sale of city property . The mayor and

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aldermen of said city shall have the power and authority to sell any property belonging to said city 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 aldermen 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 city hall of the City of Willacoochee 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 826. Repealing clause. Sections separately enacted . All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Each section and provision of the foregoing Act of incorporation has been, and is hereby, separately enacted; and should any word, phrase, provision of this Act be declared by the Supreme Court of Georgia, or any other court having competent jurisdiction, in violation of any section or paragraph of the Constitution of Georgia or of the United States, said word, phrase, or provision alone shall become invalid, while the remainder of this Act shall remain of full force and effect. In the event the General Assembly shall have granted herein to the City of Willacoochee 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

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just so far as possible as not to exceed the said authority of the General Assembly. Section 827. Effective date of charter . The provisions of this 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 charged and/or modified by the Mayor and Aldermen of the City of Willacoochee. Georgia, Atkinson County. Effective date. Personally appeared before the undersigned, an officer authorized to administer oaths, Henry Lankford, who on oath says that he is the manager of the Pearson Tribune, a newspaper published at Pearson, 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 Town of Willacoochee, a copy of which notice is hereto attached, was published in said the Pearson Tribune in the issues of October 1, 1953; October 8, 1953; and October 15, 1953. /s/ Henry Lankford. Sworn to and subscribed before me, this 12th day of November, 1953. /s/ Vickers Neugens Notary Public, Georgia State at Large. Seal affixed. Notice of intention to introduce local bill. To the citizens of Willacoochee, Atkinson County, Georgia. And All Who May Be Concerned: Notice is hereby given that application will be made at the 1953 fall 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 Willacoochee, in the County

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of Atkinson, State of Georgia, and all amendments in respect thereto; to incorporate said town as a city; to provide for a municipal government; and for other purposes. This the 29th day of September, 1953. Town of Willacoochee, Georgia. By Vickers Neugens, Attorney. JASPER CHARTER. No. 837 (House Bill No. 837). An Act to amend, consolidate and supersede the several Acts incorporating the Town of Jasper, in the County of Pickens, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide for a municipal government therefor; to provide for a mayor and council, a recorder and recorder's court; to define their powers and duties; to provide for the election of the mayor, council and recorder; to provide for their oaths, terms of office, meetings and method of filling vacancies therein; to provide for their compensation; to define the method of holding all town elections, the appointment of election managers, their oaths and duties, and for their compensation; to provide for the selection of a mayor pro tem.; to provide for the qualification of voters and electors in said town, and for the qualifications of the mayor, mayor pro tem. and recorder; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision of town clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters' list and for a hearing on same; to provide for a town clerk and treasurer, a town marshal, town policemen, attorney and other officers, their oaths, bonds and for their compensation; to provide

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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 council in criminal cases; to require tax returns to be made by all persons owning property; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of taxes and other debts and obligations due said town by execution, levy and sale of property; to provide for an ad valorem tax on property in the town, to empower said town to widen its streets, and open new streets, to provide for the removal of obstructions from streets, alleys or sidewalks, parks, squares or other public places in said town; to require railroad companies to make repair, grade and pave all grade crossings in said town; to provide for the regulation of storage of explosives, and to prevent the sale or use of fireworks within the limits of said town, and to prevent the discharge of firearms at all times within said town, except in the defense of person or habitation, or the destruction of mad dogs or other public enemies; to provide for the regulation of all trades, businesses, callings and professions; to provide for the registration of trades and businesses and to authorize said town to require any person engaging in any trade, profession or business of trade of any kind to purchase a license to do so, before beginning any such profession, trade or business, and to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the revocation of such licenses; to provide for the regulation of animals and for the power to impound and sell the same; to provide for the opening of new streets, and the right to condemn property for such purposes, to provide

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for the improvement of streets and sidewalks in said town; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water, sewer or gas lines with town lines; to provide for the prorating of assessments; to provide for the costs and procedure of improving streets and sidewalks; to provide for a lien for all street and sidewalk improvements; to provide for the issuing of executions for street and sidewalk improvements and the levy and sale of abutting property thereunder; to provide for affidavit of illegality to street and sidewalk executions and the trial of such; to provide for street or sidewalk improvements abutting county property; to provide for a sewage and drain system for said town and for sewage and drainage assessments, for the taking of property for sewage system, for the extension of such system, and for the making of sanitary lots; to authorize the town to maintain and operate a system of waterworks, and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties for failure so to do; to provide for a general policing of all police law; to provide for all matters and things necessary, proper or incident to a municipal corporation and the wellbeing of the inhabitants thereof; to provide for the passage of all necessary ordinances, regulations and orders; to provide for condemnation of lands either within or without the limits of said town for water rights; to provide for the control of sewers and pipes of all kinds in said town; to provide for the collection of water and sewer taxes; to provide for a board of health, and to define a nuisance, and to provide for the removal and abatement of nuisances; and to provide for fire districts, for the creation of a fire department, the purchase of fire engine and equipment; to provide for any public building necessary or useful in carrying on the business of the town; to provide for the suppression of vice; to provide for executions in favor of said town for all debts or obligations due it by any person, firm

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or corporation, for water, lights, sewer rent, or other indebtedness of any kind whatsover, including taxes and assessments of all kinds; to provide for the advertisement and sale of property thereunder, the execution of deeds to property sold, and the placing of the purchaser in possession; to empower said town to require all male citizens between the ages of 18 and 50 to work on the streets of said town, or to pay a commutation tax in lieu thereof, and to provide exemptions therefrom and for punishment of those failing to work streets or pay commutation tax; to provide for the regulations of the operation of trains and vehicles and their speed in said town; to provide for prevention of idleness and loitering in said town; to provide for the collection of a tax on dogs, and to provide for the killing of all dogs running at large whose owner has failed to pay said tax; to grant zoning powers to said town, and authorize the mayor and council to enact ordinances to create restricted zones or districts, to provide for the classification thereof, and to prevent the use of real estate in such zones for certain purposes; to provide for the condemnation of private property within or without the limits of said town for public purposes; to authorize the mayor and council to acquire, construct, erect, build, improve and extend revenue-producing projects of all kinds, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls and charges for the services, facilities and commodities furnished thereby and, in anticipation of revenue therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities and to do all things and acts authorized by the Revenue Anticipation Laws of 1937, of this State, and Acts amendatory thereof; to provide for the full control over the streets, alleys, lanes and sidewalks, and parks of said town, by the mayor and council of said town, and to authorize them to require the removal of any obstruction placed therein by any person, or abutting property owner, at the expense of

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such person, or abutting property owner, after notice is given, or cause the same to be done, and to collect the costs of removal by execution; and to provide that all ordinances heretofore adopted and now of force, not in conflict with this Act, or the Constitution of the United States, or the State of Georgia, remain of force subject to amendment or repeal by proper ordinance; to define the corporate limits of said town; to provide that the Mayor and Council of the Town of Jasper shall have power to prescribe by ordinance for the regulation of the placing of fire escapes on buildings in said town requiring the same, as to notice, time within which to place the same after notice and otherwise; to provide for jurisdiction over water pipes, sewers, septic tanks, disposal plants, and all accessories for all police purposes within or without the corporate limits of said town; to provide for the authority to acquire or lease land within or without the limits of said town; to provide that all contracts with the town by members of council shall be illegal; to provide that no officer of the police force of the Town of Jasper shall have authority to arrest any person except for offenses committed within the limits of the town, except upon warrants issued by the mayor or some member of council; to provide that if any portion of this Act shall be held invalid by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held; to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Jasper, County of Pickens, and State of Georgia, be and are hereby incorporated under the name and style of the Town of Jasper. Incorporation. Section 2. Said town shall have perpetual succession, and is hereby vested with all the rights, powers and

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privileges incident to municipal corporations of this State, and all property, rights and easements within or without the corporate limits of said town shall be and remain vested in said Town of Jasper as created by this Act, and said town may in its corporate name sue and be sucd, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, bylaws, rules and regulations for the transaction of its business and the welfare and proper government of said town as may seem best, pursuant to this charter, and not in conflict with the Constitution of the United States, the State of Georgia, or the laws thereof. Said town shall have the right and power to purchase, hold, rent, lease, sell or exchange any property, real or personal, within or without the limits of said town and for corporate purposes, and shall succeed to all the rights of and is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said Town of Jasper and its mayor and council as heretofore incorporated. Corporate powers. Section 3. Be it further enacted, that the municipal government of the Town of Jasper shall consist of and be vested in a mayor and five councilmen; that said mayor and council shall have full power and authority to make and establish rules, laws, ordinances, regulations and orders as to them may seem proper respecting drainage, bridges, streets, sidewalks, railroad crossings, automobiles, and vehicles of every character, livery or sales stables, airships, warehouses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows, all kind of shows and circuses, and all other places of amusement, storehouses, markets, garages, shops, mills, ginneries, factories, barbershops, soda founts, telegraph, telephone, and electric and gas companies, filling stations, business establishments, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary, proper or incident to good government of said town, and to the peace, security, health, protection or convenience of the inhabitants thereof, and for the preservation of peace and good order; and said mayor and

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council shall have full power and authority to pass all laws and ordinances necessary to preserve order, suppress crime and immorality in said town, not in conflict with the Constitution and laws of the United States or the State of Georgia, and to prescribe punishment for the commission of different acts of crime and violations of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other things and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Mayor and council. Section 4. Be it further enacted, that the Town of Jasper shall have a police court. This court shall have jurisdiction over all violations of the ordinances or resolutions of the mayor and council of said town. It shall be optional with the mayor and council whether they shall have the mayor as presiding officer of this court or whether they will elect a recorder and make him the presiding officer of the court; power and authority is hereby given to the mayor and council to elect a recorder for such duty if they so desire. The presiding officer of the police court shall have jurisdiction and authority to try all offenders against the laws and ordinances of the Town of Jasper, and to punish for violations of the same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish by imposing fines for violations of any law or ordinance of the Town of Jasper, passed in accordance with its charter, to an amount not exceeding one hundred dollars, or to imprison offenders in the common jail for a period of not more than ninety days, or sentence such violators to labor on the streets or other public works of the town, either or all, in the discretion of the court, the presiding officer of the police court shall have power to preserve order in the court, compel attendance of witnesses, compel the production of books and papers to be used as evidence, and to punish for contempt, provided said punishment shall not exceed twenty-five dollars,

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or imprisonment in the common jail for more than ten days, or not more than ten days labor on the streets, or public works. Police court. Section 5. Be it further enacted, that the mayor or recorder whichever presides in police court shall be to all intents and purposes a justice of the peace so as to enable him to issue warrants for offenses committed within the corporate limits of said town, which warrant may be executed by the town marshal or any policeman of said town anywhere within the limits of this State any person charged with violating any of the ordinances of said town, or the laws of this State, to the same extent as sheriffs of this State. In the absence of the mayor, mayor pro tem. or recorder, any member of council may preside in police court, try any person for a violation of the ordinances of said town, and impose penalties within the limits prescribed for punishment of such offender, and may also act as justice of the peace in issuing warrants as provided herein against persons charged with the violation of any ordinance of said town, or the laws of this State. The town marshal or any policeman may take bonds for the appearance of any person arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, mayor pro tem., recorder, or any member of council presiding in police court, in the absence of either of the above named officials. Jurisdiction. Appearance bonds. Section 6. Be it further enacted, that on the first Saturday in December, 1954, and biennially thereafter, there shall be elected a mayor and five councilmen for said town, to serve two years, commencing on the first day of January next after their election, and until their successors are elected, or appointed and qualified as herein provided. Before entering upon their duties, the mayor and councilmen shall severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to wit: I do solemnly swear, or affirm, that I will faithfully enforce

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the charter and ordinances of said town to the best of my skill and ability, without fear or favor; so help me God. Said mayor and council shall hold monthly meetings, and may hold special or called meetings, as the business of the town may require, and pass ordinances at said called meetings, provided notice is given to all members of council of the time of said meeting, and the mayor or mayor pro tem. and three members of council shall constitute a quorum for the transaction of all business. Mayor and council. Election, meetings, etc. Section 7. Be it further enacted, that in the event of a vacancy in the office of mayor or any member of council, by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of a vacancy in the council, and by the councilmen in the case of a vacancy in the office of mayor, and the persons so selected shall be duly qualified to fill such vacancies. Vacancies. Section 8. Be it further enacted, that all election of officers under this charter, and all elections in which any subject or question is submitted to the qualified voters of said town, shall be managed by any three freeholders, citizens of said town, and said managers before entering on their duties shall take and subscribe before some officer authorized to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and not prevent any one from voting who is entitled to do so according to law, and prevent all illegal voting, to the best of our skill and power, so help us God. Said elections to be held under the general election laws of this State. The polls to be opened at 7 o'clock, A. M., and closed at 6 o'clock, P. M. The managers of all elections held under this charter shall be appointed by the mayor and council, and shall be paid the sum of $5.00 per day, each, out of the general funds in the treasury for their services, and they shall be allowed not exceeding three clerks, who shall be paid a like sum. A majority vote shall be necessary to elect any officer, or to carry any issue submitted to the voters

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of said town, and the result shall be immediately declared by the election managers after counting all ballots cast on the day of such election. In the event of a tie, another election shall be called by the mayor and council within five days. Elections. Section 9. Be it further enacted, that it shall be the duty of the town clerk to keep open each and every day of the week, (except Sundays and legal holidays) until twenty days prior to any regular or special election of said town, a registration book for the registration of qualified voters who have resided in said town for 30 days prior to such election, when said registration book shall be closed until the holding of such election, when it shall again be opened and kept opened until another general or special election is held, and shall be closed 20 days before the holding of any such election, as above provided. No person shall be permitted to register after the closing of said book until after such election shall have been held. Said clerk shall then turn over said registration book to the registrars appointed by the mayor and council, who shall meet and make up from said book a list of the qualified voters of said town, who are qualified to vote in such election. The registrars shall exclude all persons not qualified to vote for members of the General Assembly of this State, and shall make a voters' list from said book of all persons qualified to vote according to the laws of Georgia, and shall compete their work on such voters' list not later than five days prior to such election and certify said list to be true and correct and deliver same to the clerk of said town, who shall deliver same to the election managers so selected to hold such election, by seven o'clock, A. M., on the morning of such election, and no person shall be permitted to vote in such election unless his or her name appears on said registration list, unless such voter shall produce a certificate signed by the registrars that his or her name was omitted from said voter's list by mistake or accident. Provided that all persons shall have the right of appeal from the decision of the board of registrars within five days to the mayor and council, after their names are stricken from said voter's list, and

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provided further that all persons whose names are so stricken from said voter's list be served with notice, in person by the town marshal or police, or by leaving same at the residence of said person, at least five days before the completion of said voter's list. Registration. Section 10. Be it further enacted, that said mayor and council shall select and appoint three registrars, who shall be qualified voters in said town. It shall be their duty to prepare a list of the registered and qualified voters of said town and furnish same to the clerk as heretofore provided. Such registrars shall take and prescribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath to be taken before an officer authorized to administer oaths, or before each other. They shall be paid the sum of five dollars a day each, and not exceeding three clerks, who shall be paid a like sum out of the general funds in the treasury, for their services in making up said registration list. They shall hold office for such term as said mayor and council may provide. Registrars. Section 11. Be it further enacted, that said mayor and council shall elect a town clerk and treasurer, a marshal, police, a city attorney and such officers as the mayor and council shall deem necessary for the government of said town. Each of said officers shall take oaths, perform such duties, and when required to give such bonds as the mayor and council may prescribe; provided, that all bonds of officers shall be made payable to the Town of Jasper. Said mayor and council shall receive as compensation for their services the sum of five dollars each for all regular and called meetings, and may by ordinance provide such salary or compensation of any officer or employee of said town. All expenditures of the mayor and council for town purposes shall be paid out of the general funds by check drawn by the town clerk and counter-signed by the mayor or mayor pro tem., after the mayor and council have allowed the same. Officers. Compensation. Section 12. Be it further enacted, that the mayor or

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mayor pro tem. 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. Quorum of council. Section 13. Be it further enacted, that all persons owning property in the town of Jasper shall be required to make a return under oath, annually, to the board of tax assessors of said town, of all their property, real and personal, subject to taxation by said town, as of January 1st each year; and the books for recording same shall be opened on January 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 14. Be it further enacted, that the mayor and council of said town shall appoint annually, on or before their first regular meeting in March, three freeholders residing in said town, as a board of tax assessors to said town, and shall pay said tax assessors five dollars per day each, for each day actually spent in the performance of their duties. Vacancies on said board may be filled by the mayor and council as they occur. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be their duty to assess the value of real estate and personal property subject to taxation by said town at its fair market value; and to examine the tax returns filed by the property when owners of said town with the town clerk, and to increase the valuation of any real or personal property when in their judgment the value placed thereon in any return filed with the town clerk is too small. If any person, firm or corporation fails to make return of any of his, her or its real estate or personal property as herein required, by the first day of June in any year, said tax assessors may assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall complete their work within thirty days after the close of the books

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for receiving the returns by the town clerk, unless additional time is granted by the mayor and council; upon completion of their work, said assessors shall appoint a time and a place for the hearing of objections to their assessments, and shall give notice to all persons whose property valuation has been raised or double taxed five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said town shall be served by mailing notice to them five days before said hearing, and non-residents shall be given notice by mail at their known address. Tax assessors. Assessments. Section 15. Be it further enacted, that the board of tax assessors of the Town of Jasper may in their discretion employ the service of a competent appraiser, who may reside within or without the corporate limits of said town, to value property at its fair market value. Said appraiser to be paid for his services not exceeding $25.00 per day, and not exceeding a period of four days. After said appraiser has completed his services, said valuation of property is to be submitted to said board of tax assessors and they may either approve or disapprove and increase or decrease his findings at their discretion as to property valuation. Said appraiser shall be paid out of the general funds upon completion of his services and approval by the said tax board. The clerk of the town shall issue check in payment of such services. Appraiser. Section 16. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same to the mayor and council of said town, provided, said appeal be filed in writing with the clerk of said town within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which the same has been assessed, and the fair market value as claimed by the appellant; said appeal shall be heard by said mayor and council at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and council of said town shall

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have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessors, if in their opinion it is returned and assessed below its fair market value. Appeal from assessments. Section 17. Be it further enacted, that said tax book so made up by said board of tax assessors shall be filed by them in the office of the clerk of said town when completed, and remain open for the payment of taxes due said town every day in the week, (except Sundays and holidays) and shall be closed on December 20, each year, when tax executions may be issued by said town clerk for all unpaid taxes as of that date, against the person, firm or corporation owing said tax. All tax executions shall bear teste in the name of the mayor or mayor pro tem. of said town and be signed by the clerk, and the marshal, or other police officer of said town, shall have authority to execute the same by levy and sale in the same manner as sheriff's sales of real estate, and constables' sales of personal property under the laws of this State for State and county taxes. In case of sale of real estate, the owner shall have the privilege of redeeming same upon the same terms as provided by laws for redemption of the sale of lands for non-payment of State and county taxes under the laws of Georgia. The town clerk shall keep an execution docket and enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said executions shall be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the power the same as sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Payment. Executions. Section 18. 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

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limits of said town, as may be deemed necessary for the support of the town government not exceeding twentyfive mills, exclusive of license, occupation, and other special taxes or charges for which provision is made in this charter. Tax rate. Section 19. Be it further enacted, that the mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due said town for taxes, sewer rents, water, lights, paving, license, rents, fines and forfeitures, laying water or sewer mains or drains, for abating nuisances, and for all levies, assessments, debts and demands due said town. Said executions shall be issued in the name of the mayor or mayor pro tem. and directed to the marshal of said town, who is authorized to levy and conduct sales in accordance with the laws governing sheriff's sales in Georgia, such sale to be held at the usual place of holding sheriff's sales, and shall be as effective to pass the title as the deed of the person against whom the execution issued. Said town may buy property sold under execution under the same terms and provisions as is provided in the purchases by counties and the State of Georgia tax sales. Executions for taxes and other debts. Section 20. Be it further enacted, that said mayor and council shall have authority to require any person, firm or corporation, whether resident or nonresident of said town, engaged in or carrying on, or who may engage in or carry on any trade, business, calling, vocation or profession within the corporate limits of said town, by themselves, or agents, to register their names and business, callings, vocations or profession in such amount as said mayor and council may by ordinance for the punishment of all persons, firms or corporations required by ordinance to pay such occupation tax, or license, who engage in, or offer to engage in such business, occupation or profession before registering and paying such tax or license, or who fail to comply in full with all the requirements of such ordinances. Licenses.

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Section 21. Be it further enacted, that said Town of Jasper is authorized to own and operate a system of waterworks for supplying water for all purposes for all persons resident therein, and to other persons provided for herein; they shall have power and authority to purchase, maintain, equip, repair, and extend such system of waterworks, sewage, electric power or lights, gas systems, all or any of them, and shall have full power to do any and all things necessary for these purposes; to contract with persons, firms and corporations for the purchase of land to be used in connection therewith, whether within or without the limits of the Town of Jasper, whether said lands or easements be within or without said town, and, if necessary, to condemn the same herein provided according to the laws of Georgia; they shall have power to purchase water tanks, valves, drains, mains, pipes, plants and machinery and all articles and things necessary or advisable for the establishment, equipment, and extension or enlarging and in any way improving such water system, sewer or gas system, or power or electric light system, to bore wells, erect or build plants, houses, sheds or other structures and furnish the same, and to make contracts with the residents or nonresidents of said town, for furnishing water, electric lights, power, gas, sewage, or any or all such services, at such rates and under such rules and regulations as the mayor and council may provide. Said mayor and council shall also have the power to contract with any person, firm or corporation to light the streets of said town, or the furnishing of any or all of the above described services to such consumers as previously described, under such terms, rules, regulations, conditions and limitations as they may prescribe, and such contracts shall be enforceable in the courts of the State. Said mayor and council shall have authority to fix a scale of rates for such services, make and enforce rules for collection of rates; adopt rules and regulations with the introduction of water, sewage, gas, power and lights into or upon any premises, and regulate the use of such services in the manner deemed proper; and shall have power to furnish, place or compel the use of meters, and prescribe the kind, make and use of

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same on the condition of furnishing such services, and through their agents or servants to inspect all pipes, meters and other apparatus at any time, and may require payment in advance for use or rent of water, sewage, gas, power, light, or other services so furnished by the town, and for nonpayment, when due, they may discontinue to furnish such services. Collections for any or all such services may be enforced by issuance of execution, levy and sale, as provided for collection of town tax. Utility systems. Section 22. Be it further enacted, that the Town of Jasper shall have jurisdiction over water pipes, sewers, and accessories for all police purposes such as peace, good order, health, morals; the control and regulation over water pipes, valves, hydrants, meters, lines of all sewers, trunk and intercepting, septic tanks, disposal plants, buildings used in connection with the water and sewage systems and accessories built by the town without the limits and for the full distance of all said water pipes and sewer pipes and for all pipes and service connections extending therefrom, and for a distance of 100 feet on all sides of said mains, sewers and pipes; the Town of Jasper shall have jurisdiction of the enforcement of all ordinances, rules and regulations of said town, having for their purpose the exercise and control over the water service supplied and the sewage service supplied by said town, and furthermore, the town shall have the right to make laws, rules and regulations for the control of water service and sewage service wherever supplied inside or outside of the town limits and to fix penalties for the violation thereof. Any person guilty of the violation of any of the ordinances, rules and regulations of the Town of Jasper enacted for said purposes as aforesaid, within the jurisdiction as above extended, shall be subject to the jurisdiction of the Town of Jasper in the same manner as for offenses committed within the town limits. Water and sewage. Section 23. Be it further enacted that the mayor and council shall be vested with full authority to condemn property within or without the limits of said town, necessary for public purposes, in accordance with the method

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of procedure of condemnation of property provided by the laws of Georgia. Provided, however, that the power to condemn property shall not be exercised against the property of any electric utility subject to regulation by the Georgia Public Service Commission. Eminent domain. Section 24. Be it further enacted, that said mayor and council shall have power to require by ordinance that all male citizens residing in said town between the ages of eighteen and fifty, who have resided therein as long as thirty days, (except those who are exempted in Section 25 of this Act) to work on the public streets of said town not to exceed fifteen days in each year, at such time as the mayor and council may require, or to pay a commutation tax in lieu thereof, not exceeding five dollars in any one year, as they may determine by ordinance. Should any person liable to work on the streets fail or refuse to work on the streets in lieu thereof, after having received due notice to do so, as required by ordinance, he shall be deemed guilty of a violation of this section, and on conviction in the police court of said town, shall be fined not exceeding fifteen dollars, or imprisoned not exceeding twenty days, as such ordinance may provide, for the purpose of enforcing the provisions of this section. Street tax. Section 25. 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; and all persons who have lost one arm or one leg; and all who are either deaf, dumb or blind, either totally or partially to the extent that they are unable to perform street work, shall be exempt from the provisions of the preceding section. Persons exempt. Section 26. Be it further enacted, that said mayor and council shall have power to control and regulate the running and operation of all automobiles, trucks, busses, locomotives, trains and all vehicles of every kind, including airplanes, and the manner of their operation, for the safety of persons and property within the limits of

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said town, as to speed or otherwise, and to provide for the punishment of violations of such ordinances, to prevent unnecessary noises from steam whistles, automobile horns, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt ordinances for these purposes. Vehicles. Section 27. Be it further enacted, that said mayor and council have power to pass all laws and ordinances that they deem necessary for the good order, peace, health and comfort of the citizens of said town, and to prevent idleness and loitering, and to suppress lewdness, gambling, disorderly conduct, and to regulate the storing of all combustible or explosive material or substance, and to prevent the sale or use of fireworks of all kinds, and to prevent the firing of guns, pistols and other firearms within the corporate limits of said town, except in defense of person or habitation, or the destruction of mad dogs or other public enemies. General welfare. Section 28. Be it further enacted, that the mayor, mayor pro tem., or any member of council presiding in the absence of the above named officers, when any person is arraigned before the police court, charged with the violation of any ordinance of said town, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance, at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the mayor, mayor pro tem., or councilmen presiding and an execution issued thereon by serving the defendant if to be found, and his sureties with a rule nisi, at least two days before the hearing of said rule nisi. The mayor, mayor pro tem., recorder, or councilman presiding or acting shall also have power and authority to accept cash in lieu of bond and security for the appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the Town of Jasper. Appearance bonds.

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Section 29. Be it further enacted, that any person convicted before the mayor or other presiding officer of said police court, may enter an appeal from the judgment of said court to the board of councilmen; Provided, the appeal be entered in writing within two days after the judgment complained of is pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment in the case, which bond must be approved by the clerk or marshal, or other police of said town. The said councilmen shall as early as practicable thereafter, hear and determine said case so appealed, de novo, and shall have power to decrease, or increase the fine imposed by the mayor, or other presiding officer of said police court, if they find the defendnat guilty, in their discretion. Any person convicted by said councilmen on the appeal shall have the right to certiorari to the Superior Court of Pickens County, Georgia, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided further nothing in this section shall prevent the defendant desiring to appeal his case, as above provided, or to certiorari the same to the superior court, to file the usual pauper affidavit in lieu of either giving bond and security and the payment of costs, and provided further, the appellant failing to give the bond and security may, in the discretion of presiding officer of said police ocurt, be placed in the common jail of said county to await the final judgment of the appeal mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said town before said police court, from certioraring the proceedings directly to the superior court in all cases where certiorari will lie from the judgment of justice of the peace in civil actions under the rules of law governing such cases. Appeal from police court. Certiorari. Section 30. Be it further enacted, that said mayor and council shall have power to prevent livestock from running at large in said town, and regulate or prevent the keeping of hogs, poultry and poultry houses within the limits of said town, and the manner in which they

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may be kept if allowed to remain. Also to impound animals, when found upon the streets of said town, and to charge such fees for keeping same as they may by ordinance provide, for such animals so impounded. Also when the owner of such animal fails or refuses to pay the impounding fee and the keep of such animal, said animal may be sold at public outcry at the usual place of sales at the courthouse door of said county in said town, and the proceeds applied to the payment of said impounding fee and the cost of keeping the animal, under such rules and regulations as may be prescribed by said mayor and council. Animals. Section 31. Be it further enacted, that said Mayor and Council of the Town of Jasper shall have full control over the streets, sidewalks, alleys and lanes of said town, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the same, and the grading of the same, and to condemn property for such purposes under the general laws of this State. They shall also have power to remove or cause to be removed, any building, post, steps, fence or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares of said town. Upon failure of the person placing any of said obstructions therefrom, or the abutting property owner, to remove the same after notice has been given, all costs of removal shall be paid by the person creating such obstructions, or the abutting property owner, and an execution may be issued therefor in such manner as may be prescribed by ordinance. They shall also have power to regulate the use of the streets, sidewalks, and public places in said town; and where any telegraph, telephone or power poles have previously been erected and interfere with traffic in any manner, to remove same to any reasonable location designated by said mayor and council, and upon failure of said telegraph, telephone, power or electric company to remove same within ten days after having been notified to do so, said town authorities shall have the right to remove same at the expense of said company, and collect the costs of such removal from such company by execution. Streets, sidewalks, etc.

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Section 32. Be it further enacted, that said mayor and council shall have authority to require any railroad company running railroads through said town or any portion of it, to make and repair such crossings on their several railroads whenever and in such manner as deemed necessary; to replace or repair said crossings, or open up and keep open any and all streets in said town; and pass such ordinances necessary for carrying out this provision of this section, and in case any railroad company shall fail to make such crossings within five days, or to repair same within twenty-four hours after having been notified to do so, by said town authorities, said mayor and council shall have power to create and make same across such railroads, and may issue an execution therefor, and levy and collect the same as provided in case of tax executions. Railroad crossings. Section 33. Be it further enacted, that the mayor and council shall have power to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way changing the street lines and sidewalks of said town, whether the lands to be condemned is in the hands of owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-307, inclusive, of the Georgia Code Annotated, and Acts amendatory thereof. Eminent domain. Section 34. Be it further enacted, that said mayor and council shall have power to improve any streets, sidewalk, park or other public place in said town, by grading, paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins, and drainage pipes, and to assess the costs of the same in the manner and proportions hereinafter set forth. Grading, paving, etc. Section 35. Be it further enacted, that two-thirds of the total cost of grading, paving, repaving or improving a street or sidewalk or any portion thereof in said town shall be assessed against the owners of the property abutting on said street or sidewalk or portion thereof so graded

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or paved, repaved or improved or reimproved, and the other one-third of such cost shall be paid by siad town; provided, however, that when said streets or sidewalks in said town shall be so improved when it is necessary to use curbing, it shall be deemed and considered as a part of such street or sidewalk and the cost of the same shall be assessed against the abutting property owner on the basis provided for in this section. All corners of sidewalks in said town, and the curbing thereon, shall, for the purpose of assessment, be deemed and considered as abutting on corner lots or tracts. Assessments. Section. 36 Be it further enacted, that all necessary drains, manholes, catch-baisns, drain pupes, culverts, and other openings, together with such engineering, surveying and grading as it may be necessary to do in or upon any street or sidewalk or other public places shall be considered as a part of the total cost of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of such paving or improving and shall be assessed accordingly in this Act. Drains, cuverts, etc. Section 37. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be prorated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks or other public places directly in front of such owner or abutting property so paved or improved, and shall be a lien against such property from the date of the ordinance authorizing such improvement, and the clerk of said town is authorized to issue executions bearing teste in the name of the mayor and council of said town and specifying the improvements for which it issued the owner and also against the property abutting on the street or sidewalks, or other public places, or portions thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum

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until paid, and said property may be sold by the marshal or other police officers of said town in the same manner as sheriffs sales are conducted under the laws of Georgia, and the officer selling same shall place the purchaser in possession as in the case of sheriff's sales, and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the owner as provided by law, and said marshal shall have authority to execute deeds to the purchaser. At any such sale the Town of Jasper shall have the right to purchase any lands so sold as provided by law in cases of tax sales purchased by counties. Any defendant in execution or any owner of property against which the same is issued shall have the right to file an affidavit of illegality, as provided by law in cases of other executions, which shall be returnable to and tried in the Superior Court of Pickens County, Georgia, with the right of appeal to the Supreme Court as in other cases. Executions and sales. Section 38. Be it further enacted, that all real estate owned by Pickens County, Georgia, Pickens County Board of Education, or other subdivision or political unit of this State shall be subject to assessment for street or sidewalk improvements, the same as in the case of an individual owner, and all the provisions of this charter relating to lands owned by an individual shall apply in like manner to land owned by Pickens County, Pickens County Board of Education and other political subdivisions of Georgia, located within the limits of the Town of Jasper, including land owned by the Board of Education of Pickens County, Georgia. Land owned by political subdivisions. Section 39. Be it further enacted, that said Town of Jasper, by and through its mayor and council, shall have power and authority to acquire, construct, reconstruct, build, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities, and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction

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and operation of the same and 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 40. Be it further enacted, that it shall be the duty of said mayor and council of said town to provide fire protection and they shall have power and authority to purchase a fire truck, engine and equipment, and organize and equip a fire department, with paid or volunteer, to make such appropriations as may be advisable for this purpose, and to provide any building necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fires. Fire protection. Section 41. Be it further enacted, that said mayor and council shall have authority to pass and enforce zoning laws or districts, and planning laws with respect to said town and shall have power to regulate the use for which said zones or districts may be set apart, fixed and established, or shall be used and enjoyed by the owners of property therein and the manner in which real estate in such zones or districts may be improved or developed, and enact such ordinances, rules and regulations with respect thereto as the general welfare, public health and public safety may demand. They shall have power to promulgate rules, regulations and ordinances whereby the Town of Jasper, Georgia may be zoned and districted for various uses, and other or different uses prohibited therein. The zones into which said town is divided may be of such shape and area as the mayor and council may deem best suited in the interest of the public health, safety and comfort, prosperity and general welfare of the inhabitants of said town. Zoning. Section 42. Be it further enacted, that said mayor and council shall have power to impose a tax on dogs within said town, not to exceed three dollars per annum, and shall have power to enact ordinances providing for the collection of said taxes, and authorizing the town marshal,

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or other police of said town to kill any dog running at large in said town whose owner fails to comply with such ordinances. Dogs. Section 43. Be it further enacted, that said mayor and council shall have power to grant franchises, easements and rights-of-way over, in, under and on the public streets, parks or other public places on such terms and for such time as they deem best. Franchises, easements. Section 44. Be it further enacted, that the mayor and council may provide by ordinance for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as they may provide, it shall be their duty to visit every part of said town, and to report to the mayor and council all nuisances which are likely to endanger the health of the inhabitants of said town, and said mayor and council shall have power, upon the report of said board of health, to cause such nuisance to be abated in a summary manner at the expense of the party owning such property upon which the same may be located, as the mayor and council may elect, and execution may issue against said property to collect the expense of removal of such nuisance, which may be collected by levy and sale as other executions are collected. Board of health. Section 45. Be it further enacted, that the mayor and council of the Town of Jasper are hereby authorized and empowered whenever, in their judgment, the same is necessary for the safety and protection of human life, to require the owner, agent, lessee or tenant in possession of any building, in said town, to place thereon fire escapes of such character and material as may be by said mayor and council deemed requisite. After notice to place fire escapes on any building, and failure within the time specified to place the same, the owner, agent, lessee or tenant in possession, who shall have been served with such notice, shall be subjected to a fine or imprisonment, or both, as provided by the ordinance passed in pursuance thereof. Fire escapes.

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Section 46. Be it further enacted, that the mayor and council are hereby empowered and given full authority to acquire, own or lease lands or any interest in same, either within or without the limits of the town, for any legitimate municipal purpose, and when said lands are so acquired said town is given authority to operate, control and use same for any municipal purpose and make appropriations for the upkeep and operation of same, in the same manner as lands and interest in same are operated and maintained within the town limits, and shall have police jurisdiction over said lands. Real property. Section 47. Be it further enacted, that it shall not be lawful for any member of council to be interested, either directly or indirectly, in any contract with the Town of Jasper, the mayor and council or any one or more of them, having for its object the public improvement of the town, or any part thereof, or the expenditures of its money. Any violation of this section by any member of council, shall, on conviction thereof, be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933. Contracts. Section 48. Be it further enacted, that no officer of the police force of the Town of Jasper shall have authority to arrest any person except for offenses committed within the limits of the Town of Jasper, except upon warrants issued by the mayor or some member of council, when said arrest may be made at any point within the State of Georgia, or shall any officer of the police force of the Town of Jasper act as deputy sheriff or State official during his tenure of office as a police officer or marshal of said town, and if he should accept the appointment as deputy sheriff or any State or county officer such appointment shall immediately terminate his position as a police officer or marshal of said town. Arrests. Police officers. Section 49. Be it further enacted, that the mayor and council of said town are empowered to provide by ordinance for the regulation of public meetings and public speaking in the streets of said town by preventing the obstruction of the streets of said town or the gathering of disorderly crowds in said streets. Public gatherings.

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Section 50. Be it further enacted, that said mayor and council may by ordinance declare what shall constitute a nuisance in said town, and provide for the abatement of the same, in the interest of the public health, safety or comfort. Nuisances. Section 51. Be it further enacted, that the corporate limits of the Town of Jasper shall extend three-fourths of a mile in all directions from the center location of the Pickens County Courthouse site. Corporate limits. Section 52. Be it further enacted, that all ordinances heretofore adopted by the mayor and council of said town, which are now of force, and not in conflict with the Constitution of the United States, or the State of Georgia, shall remain in full force and effect, subject to amendment or repeal as the mayor and council may by ordinance provide. Existing ordinances. Section 53. Be it further enacted, that in the event any article, section, paragraph or provision of this Act, or any portion thereof, in whole or in part, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held. Section 54. Be it further enacted, that all laws and parts of laws in conflict with this be, and the same are, hereby repealed, and that all Acts of the General Assembly of Georgia heretofore passed incorporating the Town of Jasper, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act be, and the same are hereby repealed. Affidavit of Publisher. Georgia, Pickens County. Before me, an officer authorized to administer oaths, came R. M. Edge, publisher of the Pickens County Progress,

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who deposes and says that the following and attached notice of intent to apply for the passage of a local or special bill, to incorporate, amend, consolidate, and supersede the several Acts incorporating the Town of Jasper, County of Pickens, State of Georgia, and all amendments in respect thereto, to create a new charter of said municipal corporation, to repeal conflicting laws and for other purposes, was published in the Pickens County Progress in its editions of September 24, October 1 8, 1953, to-wit: Local Bill. Notice of Intention to Apply for the Passage of a Local or special Bill, Georgia Pickens 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 be entitled an act to incorporate, amend, consolidate, and supersede, the several acts incorporating the Town of Jasper, County of Pickens, State of Georgia, and all amendments in respect thereto, to create a new charter of said municipal corporation, to repeal conflicting laws and for other purposes. This 15th day of September, 1953. A. C. Moore Representative. Deponent further says that the Pickens County Progress is a newspaper of general circulation in Pickens County, Georgia, is published weekly and is the newspaper in which the sheriff's notices are published. This 24th day of October, 1953. /s/ R. M. Edge Publisher Pickens County Progress

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Sworn to and subscribed before me, this October 24, 1953. /s/ Tony Tatum Clerk Superior Court, Pickens County, Ga. Notarial seal affixed. Approved December 22, 1953. GLENNVILLE CHARTER AMENDED. No. 840 (House Bill No. 1003). An Act to amend an Act creating a new charter for the City of Glennville, Georgia, approved August 21, 1911 (Ga. Laws 1911, p. 1228) and the several Acts amendatory thereof, more particularly an Act approved August 4, 1923 (Ga. Laws 1923, p. 649) and an Act approved August 26, 1931 (Ga. Laws 1931, p. 783) and an Act approved February 21, 1939 (Ga. Laws 1939, p. 1062) so as to provide that the mayor and four councilmen shall all be elected at the same time; to provide that the two candidates for council to be elected in 1954 shall be elected for terms of one year each; to provide that the mayor and council shall appoint persons other than themselves or other city officials for the purpose of making tax assessments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act to amend an Act creating a new charter for the City of Glennville, Georgia, approved August 21, 1911 (Ga. Laws 1911, p. 1228) and the several Acts amendatory thereof, more particularly an Act approved August 4, 1923 (Ga. Laws 1923, p. 649) and an Act approved August 26, 1931 (Ga. Laws 1931, p. 783) and an Act approved February 21, 1939 (Ga. Laws 1939, p. 1062) is hereby amended by striking therefrom

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Section 4, as amended, relating to the election of mayor and councilmen, and by substituting in lieu thereof a new Section 4 to read as follows: Section 4. Except as hereinafter provided, elections for mayor and council of the City of Glennville shall be held biennially on the second Wednesday in December at the city hall or council chamber. All of said officers shall serve for terms of two years each and until their successors are duly elected and qualified. At the election to be held for two councilmen in 1954, said councilmen shall be elected for terms of one year each and until their successors are duly elected and qualified. At the election to be held for mayor and four councilmen in 1955, and at all elections for mayors and councilmen thereafter, a mayor and councilmen shall be elected for terms of two years each, and until their successors are duly elected and qualified. At all elections the candidates shall be elected by a plurality of the consolidated vote of the entire city. All candidates for mayor and council shall be a free holder in said city. Election of mayor and councilmen. Terms. Section 2. Section 45 of said Act, as amended, relating to the tax assessors, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Section 45 to read as follows: Section 45. The city council shall have power and authority each year to elect and appoint persons to act as tax assessors Said tax assessors shall not be selected from any members of the city council or any other officials or employees of said city. It shall be the duty of said tax assessors, when they are not satisfied that all returns of property have been made at a fair valuation thereof, to value the real estate and personalty in said city for taxation, and to scrutinize carefully each return of property, real and personal, by any taxpayer of said city; and if in their judgment they shall find the property embraced in any return returned below its true value, they shall assess the value thereof within sixty days after the time for making tax returns has expired, and

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whenever they shall raise the valuation at which the taxpayer has returned his property, they shall give him or her notice in writing of their assessment; then it shall be the taxpayer's privilege, if dissatisfied with the assessment, to have the matter submitted to three disinterested persons, residents of said city, one of whom shall be selected by him and one by the tax assessors, and the other by these two selected, and the majority of these shall fix the assessment, which shall be final. All tax assessors shall be a free holder in said city. Tax assessors. Assessments. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that legislation will be introduced in the forthcoming session of the General Assembly to amend the charter of the City of Glennville to provide that the office of mayor and all places on the city council of Glennville be filled at the same election beginning in 1955 and that city tax assessors be appointed by the city officials but said city officials may not serve as such. H. M. Mishoe, Representative, Tattnall Co. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. M. Mishoe, who, on oath, deposes and says that he is Representative of Tattnall County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Glennville Sentinel, which is the official organ of Tattnall County, on the following dates: November 12, November 19, and November 26, 1953. H. M. Mishoe /s/ Representative, Tattnall County
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Sworn and subscribed to before me, this 30 day of November, 1953. Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956 Janette Hirsch /s/ Notary Public (Seal) Approved December 22, 1953. MACON CHARTER AMENDED. No. 841 (House Bill No. 968). An Act to amend an Act approved August 3rd, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17th, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; 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 Acts; to repeal Section 48 relating to the clerk and other officers of recorder's court; to enact in lieu thereof a new section to be known as Section 48 relating to the same subject matter and making specific provision for the office of clerk of the recorder's court and his election; to define his powers and duties; to provide for his compensation; to repeal in its entirety Section 49 of said Act of 1927, which appears on page 1314,

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of said Acts, relating to who may preside over the recorder's court of said City of Macon; to enact in lieu thereof a new section to be known as Section 49, relating to the same subject matter and making specific provision authorizing and empowering the Mayor of the City of Macon to designate attorneys at law practicing in the City of Macon to preside temporarily over said court, in the absence or disqualification of the recorder; to provide for the qualifications, powers and compensation of said attorneys; to provide for severability; and for other purposes. Be it enacted by the General Assembly of Georgia and is hereby enacted by authority of same: Section 1. 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 17th, 1914, together with the Acts amending the same passed since 1914, with certain changes in said Acts; to consolidate into one Act such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; 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 Acts whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act, be and the same is hereby further amended by striking therefrom and repealing Section 48 relating to the clerk and other officers of recorder's court and enacting in lieu thereof a new section to be known as Section 48, relating to the same subject matter, and making specific provision for the office of clerk of the recorder's court and his election; to define his powers and duties; to provide for his compensation; and for other purposes, which said section shall read as follows: Sec. 48 amended.

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Section 48. Recorder's CourtClerk and Other Officers. The mayor and council shall elect a clerk of the recorder's court who shall not be a member of the police department, or any other city department, and who shall be answerable and responsible for the performance of his duties directly and solely to the recorder and to the mayor and council. Said clerk of the recorders court shall give a commercial surety company bond in the sum of five thousand dollars ($5,000.00) in a company authorized to do business in the State of Georgia for the faithful performance of his duties as said clerk. The premium on said bond shall be paid by the City of Macon. Clerk of. He shall attend all sessions of the recorder's court and shall correctly keep the dockets and all other records of said court and shall have the exclusive custody thereof. He shall devote all of his time to the discharge of the duties of his office under the immediate direction of the recorder. He shall sign and issue all processes, summons, subpoenas, warrants and other writs issuing out of said court, and all attachments and executions for fines imposed in said court, all of which shall bear teste in the name of the recorder. He shall receive all fines imposed by said court, and all cash bonds and other monies and collateral deposited in said court, and shall be responsible for all cash bonds and collateral forfeited by said court, and all payments made in bond forfeiture cases, and shall account for the same as directed by the mayor and council. There shall be such deputy or assistant clerks of the recorder's court as the mayor and council may provide. Said deputy or assistant clerks shall be clothed with all the powers and charged with all the duties and responsibilities of the clerk of said court, and shall give bond as herein required of said clerk in the sum of one thousand dollars ($1,000.00). Deputies. The mayor and council are empowered and authorized to provide for the compensation to be paid to said

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clerk and to said deputy or assistant clerk or clerks for the performance of the duties herein described. The ministerial officers of said court shall be the chief of police, assistant chief, and officers and members of the police force of said city, any of whom may execute the mandates of said court, and to whom, in the alternative, all mesne and final process thereof shall be directed. The chief of police, or an officer of said police force designated by him, shall attend each session of said court for the purposes of executing the necessary orders thereof. Other officers. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 49 of the Act of the General Assembly of Georgia approved August 3, 1927, creating a new charter for the City of Macon, appearing on pages 1283-1357, inclusive, of the published Acts of the General Assembly of Georgia of 1927, and as said Act may have subsequently been amended, said Section 49 appearing on page 1314 of said Acts, be, and the same is, hereby repealed in its entirety. Sec. 49 amended. Section 3. Be it further enacted by the authority aforesaid that there is adopted in lieu of said repealed section a new section, to be known as Section 49, which shall read as follows: Section 49. Recorder's CourtWho May Preside. In the absence, sickness or disqualification of the recorder, the mayor, or any alderman of the City of Macon designated by the mayor, may hold recorder's court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted to the recorder by the charter of the City of Macon and the laws of the State of Georgia. In addition, the Mayor of the City of Macon is hereby authorized and empowered to designate attorneys at law residing and practicing in the City of Macon, to preside temporarily over said recorder's court, in the absence or disqualification of the recorder for any reason.

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Said attorneys shall, upon being so designated and while so presiding, have all the powers and authority of the Recorder of the City of Macon. The mayor and council are empowered and authorized to provide for the compensation to be paid to attorneys presiding over said recorder's court as herein provided. Recorder's court: who may preside. Section 4. In the event any provision or portion of provision of this Act are held unconstitutional or not valid for other reasons then the remaining provisions or portion of provisions shall remain of full force and effect as though they were distinct and separate. Section 5. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared John B. Harris, Jr., Andrew W. McKenna, and Denmark Groover, Jr., who first being duly sworn depose and say: That they are the Representatives of Bibb County, Georgia and are the authors of the within attached bill and that notice of intention to apply for the legislation presented by said bill or resolution 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 and is the newspaper in which the Sheriff's advertisement for Bibb County are published, October 9, October 16, and October 23, 1953. /s/ John B. Harris, Jr. John B. Harris, Jr. /s/ Andrew W. McKenna Andrew W. McKenna /s/ Denmark Groover, Jr. Denmark Groover, Jr.

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Sworn to and subscribed before me this 25 day of November, 1953. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956. Seal affixed. Georgia, Bibb County. To Whom It May Concern: Notice is hereby given that application will be made to the November 1953 session of the General Assembly of Georgia for passage of the following bill, to wit: A bill to be entitled an Act to amend an Act approved August 3rd, 1927 entitled `An Act to re-enact the charter of the City of Macon contained in the Act approved August 7th, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act such changes as may become necessary or proper, all the Acts constituting the charter of said 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 described Act appearing on pages 1283 through 1357, both inclusive, the published Acts of the General Assembly of Georgia and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending or changing or re-enacting any section of subsection of said Act; to repeal Section 48 of said Act of 1927 as amended relating to the clerk and other officers of recorder's court; to re-enact in lieu thereof a new section bearing the same number and relating to the clerk and other officers of recorder's court; to authorize the creation of the office of city prosecutor; to define his duties; 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 1945.

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This 7th day of October, 1953. E. S. Sell, Jr., City Attorney. Approved December 22, 1953. EAST POINT CHARTER AMENDED. No 842 (House Bill No. 1041). An Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. An Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several Acts amendatory thereof, be and the same are hereby amended by authorizing the City of East Point to sell and convey unto the City of Atlanta for a just, fair and adequate compensation any part or all of that part of the water system of the City of East Point located in territory heretofore annexed to and incorporated into the City of Atlanta. Sale of part of water system. Section 2. The city tax assessor at large whose entire time is devoted to tax matters shall hereafter be known as city tax commissioner and it shall be the duty of said tax commissioner to receive tax returns, assess property for taxation within said city, investigate and hunt out unreturned property for taxation, and to discharge and perform such duties as may be required by the ordinances of said city. Tax commission.

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Each tax assessor of said city including said tax commissioner shall be appointed by the city council, and the term of office of each assessor including said commissioner shall be four (4) years, and until his successor is appointed and qualified; provided, that the term of the members of said board of tax assessors, including said commissioner, first appointed hereunder, shall expire on appointment of their successors on Tuesday next after the first Monday in January, 1956. Assessors. Section 3. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of same that Section 73 of said Act approved August 19, 1912, (Ga. Laws, 1912, p. 909) as amended by Sections 1 and 2 of an Act approved March 24, 1933, (Ga. Laws, 1933, p. 920 et seq.) as amended by Section 2 of an Act approved February 25, 1949, (Ga. Laws, Extra Session, 1948, Regular Session, 1949, pp. 1633-1634) as amended by Section 5 of an Act approved February 25, 1949, (Ga. Laws, Extra Session, 1948, Regular Session, 1949, pp. 1928-1929) as amended by Section 8 of an Act approved February 25, 1949, (Ga. Laws, Extra Session, 1948, Regular Session, 1949, p. 1930) be and the same is hereby repealed and the office of tax commissioner and the office of deputy tax commissioner is hereby created. Section 4. No one under the age of 25 years shall be appointed tax commissioner nor shall any person except a freeholder and bona fide resident of said city domiciled therein for at least 5 years next preceding his appointment be chosen for this office; nor shall anyone without ample ad valorem tax experience be appointed to this office unless such appointee shall have graduated from a recognized liberal arts college, university, or law school, or has been licensed to practice law or who shall have obtained at least five years experience in business administration, or shall be adjudged the most suitable and competent for the purposes of discharging the duties of tax commissioner of said city by a three-fourths majority vote of the city council. Nor shall anyone be chosen for tax commissioner who is not a person of high moral character. Tax commissioner's qualifications.

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Section 5. It shall be the duty of the tax commissioner to receive tax returns, collect taxes other than business license taxes and promptly pay over the same to the city treasurer, to equalize taxes, determine the value, for taxation, of all real and personal property subject to taxation, seek out and return or cause unreturned properties to be returned and assessed for taxation as determined by him from the best information he can reasonably secure from the most reliable sources, issue tax fi. fas. for taxes not paid when due, and proceed at once to collect same by suit at law or in equity or by garnishment, or by placing such fi. fas. in the hands of the city marshal for prompt collection by levy and sale; provided, such tax fi. fas. may be sold and transferred for the full amount of taxes and accrued interest and costs if the governing authority shall authorize such sale by ordinance. In such latter event said commissioner shall, when authorized by such ordinance, assign or transfer such tax fi. fas. to the purchasers thereof on payment of all taxes, interest and costs due thereon in cash or its equivalent; and perform such other duties as may be incident to his office or the duties thereof, and such others as may be required by ordinance. Assessment and collection of taxes. Section 6. Said tax commissioner shall, before entering upon the discharge of the duties of his office, take and subscribe an oath to perform the duties of his office to the best of his skill and knowledge, and shall make a bond in the penal sum fixed by the city council, with good and sufficient security to be approved by the city council, and conditioned for the faithful performance of the duties of his office. Tax commissioner's oath and bond. Section 7. In case any property owner or taxpayer should be dissatisfied with any assessment made by said tax commissioner such owner or taxpayer may appeal such assessment to the board of tax appeals by filing a written appeal with such board within 10 days from the date of the action of said tax commissioner from which such appeal is taken; provided, if the value of the property returned by the owner or the owner's agent is not increased above the valuation placed thereon by such

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owner or his agent in the return of such property no appeal shall lie. If the owner's valuation as shown by the owner's return of the property is increased by the tax commissioner such increase shall be in writing and such owner or his duly authorized agent shall be notified in writing of such increase, and such increase shall be conclusively deemed to have been made on the date such notice is mailed to the owner or owner's authorized agent as shown by the post mark on the envelope in which such notice is mailed, and not before such mailing date. The filing of an appeal with the board of tax appeals shall be sufficient when such appeal is filed in writing with the city clerk and a copy thereof delivered to the tax commissioner by the appealing owner or taxpayer or their duly authorized agent within ten (10) days from the action appealed from. Appeal from assessment. Section 8. The compensation of the tax commissioner shall be fixed and determined by the governing authority of said city prior to his appointment, but shall be subject to one annual adjustment, upward or downward, at the first regular meeting of the governing authority in January in each year, but shall not thereafter be increased or decreased until the first regular meeting of the city council in the next calendar year. Commissioner's compensation. Section 9. The deputy tax commissioner shall be appointed in the same manner for a term of 4 years; provided, that the term of such deputy first appointed hereunder shall expire on the first Tuesday after the first Monday in January, 1956. No one shall be appointed deputy tax commissioner unless such person is at least 25 years of age and a bona fide resident domiciled within said city for at least 5 years next preceding such appointment. Said deputy tax commissioner shall have all of the qualifications of tax commissioner. Deputy tax commissioner. Section 10. It shall be the duty of said deputy tax commissioner to assist said Tax Commissioner in the performance of the duties of tax commissioner, and when the office of tax commissioner is vacant, or when absence, disability, disqualification or other cause prevents or

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makes it impracticable for the tax commissioner to perform and discharge his duties such duties shall be performed and discharged by said deputy tax commissioner who shall take the same oath and make the same bond as the tax commissioner with such difference in the amount of such bond as may be prescribed by city ordinance. His duties. Section 11. Sections 2 and 3 of an Act approved February 15, 1952 (Ga. Laws, 1952, pp. 2577-2578) are hereby repealed and the following enacted in lieu thereof: Be it further enacted by the authority aforesaid that qualifications and the term of office of the chief deputy or assistant to the head of any department or agency of the city shall be the same as the head of such department or agency, and such chief deputy or assistant shall perform and discharge the duties of the head of such department or agency in event of a vacancy or when such department head is absent, disqualified, or unable to perform his duties for any cause; provided, the term of any deputy or assistant selected or employed for a 4 year term commencing prior to the first Tuesday after the first Monday in January, 1956, shall expire on said first Tuesday after the first Monday in January, 1956. Deputy and assistant department head. Section 12. Be it further enacted by the authority aforesaid that Section 23 of an Act approved February 21, 1951, (Ga. Laws, 1951, p. 2992) be and the same is hereby repealed and the following enacted in lieu thereof, to wit: Provision for the construction and laying of sewers, sidewalks and streets, the cost of which or any part of the cost of which is to be assessed against abutting properties and owners thereof, shall be made by ordinance. After the first reading of such ordinance notice that it has been introduced and read one time shall be published one time in the official newspaper of said city at least 10 days before final passage of said ordinance. Said notice shall state the nature, location, and extent or dimensions

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of such improvement, the kind of material to be used, and such other information as may be required with reference thereto by such ordinance or a resolution of the city council, stating that the cost of such improvement shall be assessed against the abutting properties nd owners thereof if the entire cost is to be so assessed, and if the entire cost is not to be so assessed, but a part thereof, then stating what part of the cost is to be assessed against abutting properties and the owners thereof, and stating the estimated cost per unit of such improvement, and that objections of interested persons will be heard by the governing authority of said city at the next regular meeting thereof after the expiration of 10 days. No other or further notice of any kind shall be required, and if any other or further notice be required by ordinance or resolution of the governing authority failure of any officer or employee to comply with such ordinance or resolution shall not invalidate or impair such assessment of such costs or the lien against such abutting properties or the ordinances adopted in connection with such improvement. The second reading of such ordinance shall not be waived until the expiration of said 10 days. Ordinances authorizing improvements. Section 13. Be it further enacted by the authority aforesaid that the governing authority of said city be and it is hereby granted power and authority to pay in December of each year to each police officer and fireman of said city who shall have satisfactorily completed his probationary six months service an annual allowance for his uniforms. Uniforms. Section 14. Be it further enacted by the authority aforesaid that Section 56 of an Act approved February 21, 1951, (Ga. Laws, 1951, p. 3000) amending the East Point City Charter be and the same is hereby repealed. Sec. 56, Act of 1951, repealed. Section 15. Be it further enacted by the authority aforesaid that Sections 13 and 14 of an Act approved February 25, 1949, (Ga. Laws Extra Session, 1948, Regular Session, 1949, p. 1932) be and the same are hereby repealed, in their entirety, and Section 21 of an Act approved

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August 19, 1912, (Ga. Laws, 1912, pp. 880-881) is hereby amended by adding at the end thereof these words: The offices of city treasurer and city clerk may be combined by ordinance by the governing authority of said city, and may likewise be separated by ordinance by the governing authority of said city. If such offices are combined the governing authority of said city shall provide in such ordinance for the duties of the combined offices to be discharged by the city clerk or city treasurer as such governing authority may deem best, in which event the duties of both of such offices shall be performed and discharged by the officer named in such ordinance by the governing authority of said city. The term of city treasurer shall be four years, and until a successor is appointed and qualified; provided, the term of the treasurer first appointed under this amendment shall expire on the first Tuesday after the first Monday in January, 1956. The compensation of city treasurer shall be fixed before his appointment, and shall be subject to adjustment, upward or downward, at the first regular meeting of the governing authority in January of each year, but at no other time. City treasurer. Section 16. No officer or employee of the City of East Point shall act or be qualified to act in a judicial or quasijudicial capacity in any case or preceeding in which he or she has a direct or indirect financial interest, nor in any case or proceeding in which he or she may be related by blood or marriage within the sixth degree as computed according to the civil law to any person or persons interested in the result of such case or proceeding, nor in any case or proceeding in which the most interested party or parties, or most interested person or persons, are members of or attached to a department or agency of said city in which department or agency or to which department or agency some person is attached or connected who is related to such disqualified person or persons by blood or marriage within the sixth degree as computed according to the civil law; provided, this section shall not apply to the mayor and city council or governing

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authority of said city which are governed by another provision of the city charter; provided, further, that such disqualification may be waived in any case if such waiver is in writing signed by all parties at interest, and the city shall be considered a party at interest in all cases, and the governing authority of the city shall decide whether to waive such disqualification by resolution adopted in each case, and if no waiver is agreed upon such resolution shall designate the officer or employee of the city to sign on behalf of the city. Disqualification in judicial and quasi-judicial proceedings. Section 17. When anyone is disqualified to act under the foregoing provisions the governing authority of said city shall designate and appoint some fit and proper person who is qualified to act in such case or proceeding in lieu of such disqualified person or persons and who shall, while so acting, have and exercise all of the jurisdiction, power and authority of such disqualified officer or employee in discharging the duties of his or her office or employment. Section 18. A purchasing department is hereby created in and for the City of East Point, and the head of such purchasing department shall be known as the purchasing agent. Purchasing department. Section 19. Such department shall consist of the purchasing agent and such other personnel as shall be provided for by ordinance. Personnel. Section 20. The purchasing agent shall be appointed by the governing authority of said city for an indefinite term during good behavior and efficient service. Purchasing agent. Section 21. No one shall be appointed purchasing agent for said city who is less than 25 years of age, nor unless such person shall have been a bona fide resident of and domiciled in said city for at least 5 years next preceding his appointment. He shall be skilled in business practices, and with special training or experience in the field of purchasing for large groups. No one except

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a person of high moral character without any criminal record shall be appointed to this position. Qualifications. Section 22. The purchasing agent shall purchase, store and distribute all supplies, material and equipment required by every office, department and agency of said city under and pursuant to the rules and regulations established by ordinance by the governing authority of said city, and shall contract for public improvements, and purchase lands when authorized by the city council. He shall also sell, swap, exchange, and otherwise dispose of obsolete, excess, used, surplus, and other supplies, materials, equipment and lands as provided for by city ordinance. Duties. Section 23. The compensation of the purchasing agent shall be fixed by the city council prior to his appointment and shall be subject to adjustment, upward or downward, at the first regular meeting in January of each year but at no other time. He shall furnish such bond as may be required by the governing authority of said city which shall be conditioned for the faithful performance of the duties of his office. Compensation. Bond. Section 24. Be it further enacted by the authority aforesaid that Section 12 of an Act approved February 17, 1950, amending the East Point city charter be and the same hereby is repealed, and the following enacted in lieu thereof: Before reaching a final decision to make any street, sidewalk or sewer improvement, ten days written or printed notice to the abutting property owners shall be published in the official newspaper of said city one time at least ten days before such final determination, if the cost of such improvement or any part thereof is to be assessed against the abutting properties or the owners thereof, which notice shall state the kind, extent, and location of such improvement, the estimated cost thereof, and that objections of anyone at interest will be heard by the city council at the next regular meeting after the expiration of said ten days, and no other notice shall be

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required, but if the governing authorities require any other notice the failure of any officer or employee to give the notice required by such governing authority shall not invalidate the assessment of the cost of such improvement nor the lien therefor. Notice of intended improvements. Section 25. Be it further enacted by the authority aforesaid that Section 23 of an Act approved March 24, 1939, amending the city charter of East Point (Ga. Laws, 1939, p. 1028) be and the same is hereby repealed, and the following enacted in lieu thereof: The minutes of the City Council of East Point and of any committee, body, bureau, commission, agency, board or authority of said city shall consist of a correct, complete and accurate record of all the acts and doings of such respective bodies, but shall not embrace comments or speeches of members of said bodies nor of other persons. Minutes of meetings. Section 26. Section 27 of an Act approved March 24, 1939 (Ga. Laws, 1939, p. 1030) is hereby repealed and the following enacted in lieu thereof: All property subject to taxation by said city shall be returned by the owners thereof, or by their duly authorized agents, to the city tax commissioner at their true and fair market value. Said tax commissioner may increase such valuations when he determines that the person making the return has not returned such property at its fair market value for tax purposes, but if the valuation in such return is increased the owner of such property or his duly authorized agent shall be notified by registered mail by said tax commissioner, and such increase shall not become final until the expiration of ten days from the date such notice is mailed as indicated by the post mark on the envelope containing such notice. If no appeal is made within such ten day period the assessment of the tax commissioner shall be and become final. Tax returns. Assessments. Section 27. Be it further enacted by the authority aforesaid that the provisions of Section 49 of an Act approved

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proved March 24, 1939, amending the East Point city charter, shall not apply to the sale and conveyance of that part of the water system of the City of East Point heretofore incorporated into the City of Atlanta. Water system. Section 28. Notice of intention to apply for this local legislation was published three times in the Fulton County Daily Report in 3 separate calendar weeks during a period of 60 days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia. Section 29. All laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton county Daily Report, 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 13th day of October, 1953, and once each week thereafter for 7 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 3rd day of December, 1953 /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia My commission expires Feb. 3, 1954. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends

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to apply for the passage of local legislation amending the charter of said city at the adjourned session of the General Assembly of Georgia when it reconvenes in November, 1953, and that the title or caption of each Bill introduced will be: An Act to amend an Act consolidating Acts incorporating the City of East Point and creating a new charter for said city, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. This October 12, 1953. Ezra E. Phillips, East Point City Attorney. Oct. 13 20 27 tfn Approved December 22, 1953. COMPENSATION TO JARVIS JOHNSON FOR DAMAGE TO AUTOMOBILE. No. 166 (House Resolution 65-262e). A Resolution. To compensate Mr. Jarvis Johnson for damages to his automobile in collision with asphalt spreader of the State Highway Department; that Whereas, on December 5, 1951, Mr. Jarvis Johnson, of Buford, Georgia, was driving his 1950 Plymouth automobile along State Highway No. 20 in Gwinnett County, Georgia, and Whereas, on said date an asphalt spreader, the property of the State Highway Department of Georgia, was working on said State Route 20 without any signs of warning or caution, and

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Whereas, when said Mr. Jarvis Johnson in his said automobile came over the crest of a hill on said road, the asphalt spreader was immediately over the crest of said hill and before topping the crest of the hill not within the view of Mr. Jarvis Johnson, and as a result of it not being within the view of Mr. Johnson and no signs warning any approaching automobile, a collision ensued as a result of the negligence of the employees of the State Highway Department, and Whereas, damages were caused to the said 1950 Plymouth automobile the property of said Mr. Jarvis Johnson, estimates of the damages having been secured from three reliable automobile garages, the lowest of which said estimate of said damages being in the amount of $228.10. 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. Jarvis Johnson, of Buford, Georgia, the sum of $228.10 as compensation for damages to his 1950 Plymouth automobile on December 5, 1951, as a result of said accident. The payment of said sum shall be made from funds available to the State Highway Department of Georgia. Approved December 18, 1953. LAW BOOKS TO BACON COUNTY. No. 170 (House Resolution No. 165-601a). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Bacon County, without cost to said county, certain law books; and for other purposes.

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Whereas, there are missing from the library of the Superior Court of Bacon 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 Bacon County, without cost to said county, the following law books: Volumes 2, 5, 8, 9, 10, 11, 12, 13, 14, 16, 17, 19, 20, 22, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 39, 40, 41, 43, 45, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 60, 62, 64, 65, 66, 67, 69, 70, 71, 73, 74, 75, 78, of the Georgia Appeals Reports. Volumes 7, 15, 33, 40, 48, 55, 62, 65, 70, 71, 72, 74, 76, 78, 81, 85, 86, 87, 90, 92, 93, 96, 97, 105, 106, 107, 109, 111, 112, 113, 114, 116, 117, 118, 122, 124, 125, 126, 127, 128, 129, 131, 132, 134, 140, 141, 143, 144, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 160, 161, 162, 168, 169, 170, 171, 173, 174, 175, 177, 178, 179, 182, 183, 185, 188, 190, 191, 193, 194, 196, 197, 201, 202, and 206 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 provided funds are availabe for this purpose. Approved December 22, 1953.

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COMPENSATION TO HILDA FENNELL FOR DAMAGE TO AUTOMOBILE. No. 171 (House Resolution 331-1032a). A Resolution. Proposing compensation to Mrs. Hilda Fennell for damages to her automobile. Whereas, on June 26, 1953, Mrs. Hilda Fennell was driving her automobile on State Highway #78, approximately 13.3 miles east of Wrightsville when she was directed to stop by employees of the State Highway Department engaged in resurfacing said highway, and Whereas, while so stopped a truck belonging to the State Highway Department and being driven by Mr. Wilbur Morris of Dublin, Georgia, an employee of said Department, backed into Mrs. Fennell's car causing damages in the amount of eighty ($80.00) dollars, and Whereas, the sole cause of this damage was the negligence of the employee of the State Highway Department as aforesaid. Now, therefore, be it resolved by the House of Representatives and the Senate concurring, that the State Highway Department be authorized and directed to pay to Mrs. Hilda Fennell of Adrian, Georgia, the sum of eighty ($80.00) dollars in full satisfaction of all claims for damages as aforesaid, said sum to be paid out of funds appropriated to or available to the said department. Approved December 18, 1953.

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COMPENSATION TO E. S. McKINNEY FOR DAMAGES TO AUTOMOBILE. No. 173 (House Resolution No. 146-515c). A Resolution Authorizing compensation to Mr. E. S. McKinney for damage to his automobile; and for other purposes. Whereas, on May 19, 1952, Mrs. E. S. McKinney was driving an automobile belonging to her husband, Mr. E. S. McKinney, on the four-lane highway on U.S. Highway 41 between Marietta and Atlanta, and had reached a spot approximately in front of Magnolia Inn, about one-half mile south of Marietta, Georgia; and Whereas, an automobile had stopped in the front of Mrs. McKinney and she was slowing down and had almost come to a complete stop when a truck operated by a Georgia National Guardsman ran into the back of the automobile, damaging it severely; and Whereas, the accident occurred through no fault whatsoever on the part of Mrs. McKinney and it is only just and proper that Mr. McKinney be compensated for damage to his automobile; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Military Department is hereby ordered and directed to pay the sum of one hundred eighty-seven dollars and four cents ($187.04) to Mr. E. S. McKinney, as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved December 22, 1953.

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COMPENSATION TO MRS. G. B. CAMPBELL FOR INJURIES. No. 174 (House Resolution No. 122-398a). A Resolution. To compensate Mrs. Grady B. Campbell for damages to her person and automobile when struck by a vehicle owned by the Department of Public Safety and driven by a member of the Georgia State Patrol; that Whereas, on February 21, 1952, Mrs. Grady B. Campbell, a resident of Ben Hill, Georgia, was driving her 1947 Chevrolet sedan west on State Highway No. 166 in Douglas County, Georgia, about one hundred yards east of where said State Highway No. 166 turns left intersecting with State Highway No. 92, when said automobile was struck by a State Patrol car driven by Trooper Marion Francis Hale, a member of the Georgia State Patrol, and owned and operated by the Department of Public Safety; and that Whereas, Mrs. Grady B. Campbell was driving her said automobile west along State Highway No. 166 at the approximate speed of five (5) miles per hour and had turned into the driveway of Wallace's Store, when it was struck on its right side by said State Patrol car which was proceeding east on State Highway No. 166 and being driven by Trooper Marion Francis Hale at a great rate of speed on an emergency call; and that Whereas, Mrs. Campbell's automobile was damaged as a result of said collision in the sum of $741.00, and Mrs. Campbell sustained bodily injuries necessitating doctor's bill to Dr. P. M. Howard in the amount of $100.00; medicine costs exceeding $100.00; and she was incapacitated for a period of several months, making it impossible for her to do her household duties which she herself ordinarily performed, causing her thereby to necessarily employ domestic help to perform said household duties, said domestic help costing her a

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minimum of $200.00. All of her aforesaid out-of-pocket expenses as a result of said collision aggregate the sum of one thousand, one hundred eighty-nine ($1,189.00) dollars; and that Whereas, it appears that the collision which resulted in damages to Mrs. Campbell was caused by the negligence of the driver of said patrol car in driving at an excessive rate of speed and in failing to keep said patrol car under control, thereby being unable to avoid the collision, it is therefore, Resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety be, and it is hereby ordered and directed to pay to Mrs. Grady B. Campbell the sum of one thousand, one hundred eighty-nine ($1,189.00) dollars as compensation for damages to her 1947 Chevrolet sedan and out-of-pocket expenses necessarily incurred by her for medical and domestic help and expenses resulting directly from said collision. The payment of said sum shall be from funds available to the Department of Public Safety. Approved December 18, 1953. COMPENSATION TO G. W. BIRD, JR., FOR DAMAGE TO AUTOMOBILE. No. 175 (House Resolution 332-1032b). A Resolution. To compensate Mr. George W. Bird, Jr., for damages to his automobile; and for other purposes. Whereas, on April 8, 1953, Mr. George W. Bird, Jr., of Candler County, was driving in his automobile toward Metter, Georgia, on the Metter to Millen road, and a State Highway Department truck pulled out from

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the side of the road without any warning and collided with the automobile being driven by Mr. Bird, damaging it to the extent of one hundred fifty-three dollars ($153.00); and Whereas, the accident through no fault whatsoever on the part of Mr. Bird, and it is only just and proper that he be compensated for such damages; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby ordered and directed to pay to Mr. George W. Bird, Jr., of Candler County, the sum of one hundred fifty-three dollars ($153.00) as compensation for damages to his automobile as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved December 18, 1953. COMPENSATION TO E. R. PATTON FOR DAMAGE TO AUTOMOBILE. No. 176 (House Resolution No. 128-414b). A Resolution. To compensate Ed R. Patton, of Douglas, Georgia, for damages occasioned to his automobile by an employee of the State Highway Department operating a State-owned vehicle. Whereas, on the 5th day of June, 1952, Mrs. Ed R. Patton was driving a 1949 Ford automobile owned by Ed R. Patton on State Highway No. 32, at a point approximately two miles east of Ocilla, Georgia; and Whereas, Vernon Metts, an employee of the State Highway Department, was driving a truck owned by the State Highway Department, and said Metts ran

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into the rear of Ed R. Patton's automobile, causing damage to said automobile; and Whereas, the cost of repairing the automobile was five hundred sixty-seven dollars and seventy-one cents ($567.71); Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department of Georgia is hereby ordered and directed to pay to Ed R. Patton, of Douglas, Georgia, the sum of five hundred sixty-seven dollars and seventy-one cents ($567.71) as compensation for the damages to his automobile. The payment of said sum shall be made from funds available to the State Highway Department of Georgia. The payment shall satisfy all claims due to said accident. Approved December 18, 1953. COMPENSATION TO MRS. J. H. HICKS. No. 178 (House Resolution No. 278-881a). A Resolution. To compensate Mrs. John Howell Hicks for the death of her father, Eugene William Howell, which occurred as the result of an accident with a State Highway Department vehicle; and for other purposes. Whereas, on August 11, 1953, Eugene William Howell was driving a 1950 Dodge one and one-half ton truck and was proceeding west on Georgia Route Number 56, about 56/10 miles from Swainsboro, Georgia; said truck was owned by Gladstone Barber who was riding in said truck with Mr. Howell; they were traveling at a rate of between 25 and 30 miles per hour when they came upon a herd of cows in the road; Mr. Howell immediately began blowing his horn and slowed

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the truck down to approximately five miles per hour; the cows left the road and the truck began gaining speed until it reach approximately 10 to 12 miles per hour, at which time, without any warning whatsoever, a 1949 Ford tractor and trailer owned by the State Highway Department and operated by Albert Curl struck the truck driven by Mr. Howell from the rear; the truck turned over once and Mr. Howell was thrown from the truck, his head crushed, and as a result thereof he died immediately; the truck driven by Mr. Howell was on the right hand side of the road, operating at a lawful rate of speed, and there was no negligence on the part of Mr. Howell or Mr. Barber; the sole cause of the wreck was the negligent manner in which the State Highway truck was driven by the said Albert Curl; and Whereas, Mrs. Joan Howell Hicks is the daughter of the late Mr. Howell and as a result thereof incurred expenses connected with the funeral of her father, and in addition thereto she was partially dependent on her father; and Whereas, it is only just and proper that she be compensated for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia State Highway Department is hereby ordered and directed to pay to Mrs. Joan Howell Hicks the sum of $500 as compensation for expenses in the loss of her father, as set out above, said sum shall be paid by the State Highway Department from funds appropriated to or available to said department. Approved December 22, 1953.

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COMPENSATION TO JAMES TAYLOR AND LAMAR SHIFLETT FOR INJURIES. No. 180 (House Resolution No. 71-262k). A Resolution. Whereas, on June 14, 1951, at 3:30 p. m., the truck belonging to the State Highway Department and being operated by an employee thereof, to wit, one J. D. Red Bunch, was parked atop an incline on State Highway No. 1 just outside of Lindale, Georgia, and Whereas, the aforementioned driver was, at the time in question, without the cab of said truck, and had left the immediate vicinity, and Whereas, due to faulty brakes, or else the failure of the driver to properly secure same, the said truck commenced moving and coasting down the incline and collided with a sweeper belonging to the State Highway Department parked at the foot thereof on the opposite side of and off the road, on the property of Taylor and Taylor Garage, and Whereas, the impact resulting from said collision caused James Taylor and Lamar Shiflett to be caught between the sweeper and crushed between it and the truck, and Whereas, as a result thereof Lamar Shiflett suffered body lacerations and was badly mangled, and James Taylor was severely bruised, the leaders in his left hand torn away, and his right leg broken, all of the foregoing injuries requiring hospitalization of both persons, and Whereas, it appears from the foregoing that such painful injuries were the direct result of the failure of the truck brakes to hold, or the failure of the driver to properly secure the same. Now, therefore, be it resolved by the House of Representatives,

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the Senate concurring, that the State Highway Department be, and it is hereby, ordered and directed to pay to the said James Taylor of Route No. 1, Lindale, Georgia the sum of $5,350.00, and the said Lamar Shiflett of Route No. 1, Lindale, Georgia the sum of $1,250.00 as compensation for their respective injuries received as a result of the foregoing accident on June 14, 1951. Payment of said sum shall be made from the funds available to the State Highway Department. Approved December 21, 1953. COMPENSATION TO J. B. POLK AND MRS. FRANCES MASSEY FOR DAMAGE TO AUTOMOBILE. No. 182 (House Resolution No. 39-202a). A Resolution. To compensate Mr. J. B. Polk for damages to his automobile when hit by state Truck SHD 1-1375 owned by the State Highway Department and driven by Mr. Judson P. Pendrey; and to compensate Mrs. Frances Massey Evans for damages to her automobile sustained in an accident with a State Highway Department truck owned by the State Highway Department, and driven by Mr. J. L. Brown. Section 1. Whereas, on October 5, 1951, Mr. J. B. Polk, 102 Clover Street, Athens, Georgia had parked his 1950 Ford sedan in a parking space on State Road #79, Lincolnton, Georgia, when said truck driven by Mr. Judson P. Pendrey hit said car; and that Whereas, Mr. J. B. Polk had parked his car in a legal parking space and was away from said car when said truck struck the right rear side; and that

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Whereas, Mr. J. B. Polk's car was damaged as a result of said collision in the sum of one hundred fifty seven and 01/100 dollars ($157.01) that being the lowest competitive bid for doing the necessary repair work on said vehicles; and that Whereas, it appears that the accident which resulted in damages to Mr. J. B. Polk's car was caused by the negligent acts to wit; (1) State truck No. SHD 1-1375 was not equipped with serviceable brakes as provided for by Georgia Code Section 68-302, because at the time of the accident this 1 ton semi-truck's rear wheels or trailer part were disconnected and pulled back and loaded with two sixty (60) feet and one shorter beam of structural steel and the trailer tongue was chained to said steel beams, thereby disconnecting brake lines to wheels of trailer. (2) That said driver was traveling at an excessive rate of speed under the above conditions and was unable to avoid the accident because of the fact that he did not have serviceable brakes; and Whereas, it is only just proper that he be compensated therefor: and 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 Mr. J. B. Polk of 102 Clover Street, Athens, Georgia, the sum of $157.01 as compensation as set out above, said sum shall be paid by State Highway Department from funds appropriated to or available to said department. Section 2. To compensate Mrs. Frances Massey Evans, of 450 Rock Springs Road, N. E., Atlanta, Georgia, for damages to her automobile sustained in an accident with a State Highway Department truck; and for other purposes. Whereas, on November 20, 1953, at approximately 2:25 p. m., said Mrs. Evans was driving her 1951 Chevrolet

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coach along U. S. Highway 41, at a point approximately 3.3 miles south of Cartersville, Georgia, when a 1950 Ford pickup truck owned by the State Highway Department, and driven by J. L. Brown, an employee of the State Highway Department, crossed the center line of said highway and side-swiped Mrs. Evans' car, damaging it in the amount of $483.10; and Whereas, the accident was not the fault of Mrs. Evans and it is only just and proper that she be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia, that the Georgia State Highway Department be ordered and directed to pay Mrs. Frances Massey Evans the sum of $480.00 as compensation for damages as set out above, said sum to be paid by said department from funds appropriated or available to said department. Approved December 22, 1953. LAW BOOKS TO GLYNN COUNTY. No. 184 (House Resolution No. 227-743m). A Resolution. Authorizing and directing the State Librarian to furnish to the Superior Court of Glynn County, without cost to said county, certain lawbooks; and for other purposes. Whereas, there are missing from the library of the Superior Court of Glynn County certain lawbooks; 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

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of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Superior Court of Glynn County, without cost to said county, the following lawbooks: Volumes 13, 55, 73, 82, 83, 116 and 184 of the Georgia Reports. Volumes 2, 67, 80 and 85 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 upon the State Treasurer in the amount required for said books provided funds are available for this purpose. Approved December 22, 1953. COMPENSATION TO STATE TROOPER C. L. EVERETT FOR INJURIES. No. 185 (House Resolution No. 118-362g). A Resolution. To compensate Claude L. Everett, of the Georgia State Patrol, for injuries received while engaged in his duties as employee of the State of Georgia. Whereas, on the 16th day of December, 1952, Claude L. Everett, a Trooper employed by the Georgia State Patrol division of the Department of Public Safety, was engaged in carrying out his duties as an employee of said Georgia State Patrol and was answering a call to an accident while driving a State Patrol vehicle on U. S. Highway 19, North of Thomaston, Georgia, on the date aforesaid; and

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Whereas, in proceeding to the scene of said accident, Trooper Claude L. Everett was seriously injured when an automobile made a left turn across the highway on which he was travelling, causing him to drive into and against the said vehicle while travelling at a high rate of speed, which, in turn, caused the State Patrol car which Trooper Everett was driving to wreck; and Whereas, the said Trooper Everett received a broken leg, four broken ribs, serious bruises, cuts and contusions; and Whereas, said Trooper Everett has been incapacitated since the date of the accident, and will be incapacitated for a total of some six months; and Whereas, said Trooper Everett has endured great physical and mental pain and suffering and has incurred large medical, doctor, hospital, and ambulance expenses for which he has not been compensated and for which he has no means or manner of receiving compensation; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Georgia Department of Public Safety is hereby ordered and directed to pay to Claude L. Everett the sum of $3,500.00 as compensation for injuries as set out above, said sum shall be paid by the Georgia Department of Public Safety from funds appropriated to or available to said department. Approved December 22, 1953.

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COMPENSATION TO E. E. ROBERSON FOR LOSS OF HOG. No. 188 (House Resolution No. 223-743i). A Resolution. To compensate Ernest E. Roberson, Route 2, Odom, Georgia, for the loss of a hog; and for other purposes. Whereas, in June 1951, on the Jesup-Waycross Highway approximately four and one-half miles from Jesup, Georgia, a truck operated under authority of the Wayne Prison Branch at Jesup, Georgia, ran into and killed a hog valued at $40.00, belonging to Ernest E. Roberson, Route 2, Odom, Georgia; and Whereas, no compensation has been paid to Mr. Roberson for the loss of said hog, 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 $40.00 to Mr. Ernest E. Roberson, Route 2, Odom, Georgia, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to the State Prison Institution System. Approved December 18, 1953.

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COMPENSATION TO R. A. PERT FOR DAMAGE TO AUTOMOBILE. No. 190 (House Resolution No. 231-743q). A Resolution. To compensate Ray A. Pert, 155 Winnona Drive, Decatur, Georgia, for damage occasioned by a road patrol owned and operated by the Georgia State Highway Department. Whereas, on March 10, 1953, a road patrol owned by the Georgia State Highway Department and operated by S. L. Henderson and D. D. Murphy, employees of said department ran against the automobile owned and operated by Roy A. Pert, of 155 Winnona Drive, Decatur, Georgia, while doing construction work on approach to the bridge over the Satilla River approximately five miles from Alma, Bacon County, Georgia; and Whereas, the left front fender, the left rear fender and the left door of Roy A. Pert's automobile was damaged in the sum of $116.95; and Whereas, it is just and proper that Roy A. Pert be compensated; Now, therefore be it resolved by the General Assembly of Georgia, that the Georgia State Highway Department is hereby ordered and directed to pay to Roy A. Pert of 155 Winnona Drive, Decatur, Georgia, the sum of $116.95 as compensation for the above set out damage. Said sum shall be paid by the State Highway Department from the funds appropriated to or available to said department. Approved December 22, 1953.

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LAW BOOKS TO WAYNE COUNTY. No. 191 (House Resolution No. 329-1022a). A Resolution. Authorizing the State Library to furnish to the Superior Court of Wayne County without cost, a complete set of the Georgia Supreme Court Reports and Court of Appeals Reports. Whereas, all of the law books belonging to Wayne County, Georgia, are either lost or in such a condition as to be practically useless, and Whereas, the said books are necessary for the County of Wayne to officially transact its business and that the State. Now, therefore, be it resolved by the General Assembly of Georgia that the State Library be authorized and directed to furnish to the Superior Court of Wayne County for the use of its library, without cost to said county, a complete set of the Supreme Court Reports and a complete set of the Court of Appeals Reports. If for any reason the State Library can not furnish the law books above expected, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for such books provided funds are available for this purpose. Approved December 22, 1953. LAW BOOKS TO CARROLL COUNTY. No. 192 (House Resolution No. 166-612a). A Resolution. To provide for the furnishing of certain law books by the State Librarian to the Clerk of the Superior Court,

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and to the Ordinary of Carroll County, Georgia. Whereas, many of the law books belonging in the office of the Clerk of the Superior Court of Carroll County and in the office of the Ordinary of Carroll County have been lost or destroyed; and Whereas, such books are necessary for the County of Carroll 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 Carroll County, Georgia, and to the Ordinary of Carroll County, Georgia, without cost to said officers or to the County of Carroll, the following volumes: Georgia Reports, Vols. 4, 7, 8, 9, 14, 68, 88, 126, 135 and 177. Georgia Appeals Reports, Vol. 77. And, that if for any reason the State Librarian cannot furnish the law books specified above, the Governor be, and he is, hereby authorized to cause the Librarian to furnish such county with the law books specified; and the Governor is authorized to draw his warrant upon the State Treasurer for the amount required for same provided funds are available for this purpose. Approved December 22, 1953.

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COMPENSATION TO I. P. COX FOR DAMAGE TO AUTOMOBILE. No. 193 (House Resolution No. 136-433b). A Resolution. To compensate I. P. Cox for damages resulting from the negligence of an employee of the Georgia State Patrol. Whereas, on the first day of July, 1952, Joe Wiggins was apprehended by Patrolman J. P. Oldham, of the Georgia State Patrol, while said Joe Wiggins was driving a Willys jeep owned by I. P. Cox south on the State Highway between Reynolds, Georgia, and Oglethorpe, Georgia; and Whereas, after apprehending Joe Wiggins, Patrolman Oldham drove said jeep at an excessive rate of speed in four-wheel drive for approximately nine miles to the Macon County courthouse at Oglethorpe, Georgia; and Whereas, due to the operation of the jeep in such a manner, the four-wheel drive was completely demolished; and Whereas, I. P. Cox, the owner of said jeep, expended the sum of seventy-five dollars and twenty-seven cents ($75.27) to repair the four-wheel drive; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety pay I. P. Cox out of its funds the sum of seventy-five dollars and twenty-seven cents ($75.27) to compensate said Cox for the expense incurred. Said payment shall be in full settlement of said claim. Approved December 22, 1953.

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COMPENSATION TO M. E. COCHRAN FOR DAMAGE TO LIVESTOCK. No. 194 (House Resolution No. 113-362b). A Resolution. Ordering the State Department of Agriculture to reimburse M. E. Cochran for loss in the value of livestock due to quarantine of the livestock. Whereas on or about the 14th day of August, 1952, the livestock belonging to M. E. Cochran of Dublin, Georgia, became infected with the contagious and infectious disease known as vesicular stomatistis, and Whereas the disease of vesicular stomatitis is a disease with symptoms identical with vesicular exenthema and hoof and mouth disease, and Whereas vesicular exenthema was being eradicated in Georgia in a cooperative program between the Georgia Department of Agriculture and the United States Department of Agriculture, and Whereas the livestock belonging to M. E. Cochran could not be differentially diagnosed as not having vesicular exenthema until after a testing period of approximately thirty days, and Whereas, it was necessary for the State and Federal Government to impose a quarantine to determine the nature of the disease, and Whereas, the said M. E. Cochran suffered pecuniary loss as a result of this quarantine since the Federal Government had no indemnity program for this disease, Now, therefore, be it resolved, by the House of Representatives, the Senate concurring, that the State Department of Agriculture of the State of Georgia, be

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and it is hereby ordered to pay to M. E. Cochran the sum of $13,020.74 as indemnity for his loss by reason of this quarantine. Approved December 22, 1953. LAW BOOKS TO UPSON COUNTY ORDINARY. No. 195 (House Resolution No. 290-916e). A Resolution. To provide the Ordinary of Upson County, Georgia certain enumerated volumes of the Georgia Supreme Court Reports, and the Annotated Code of Georgia, together with current pocket part. Whereas, certain volumes of the Georgia Supreme Court Reports belonging to the Ordinary of Upson County, Georgia have been lost or destroyed; namely: Georgia Supreme Court Reports, Numbers 4 to 29 inclusive, 32, 34, 35, 36, 37, 38, 39, 41, 46, 47, 50, 186, 189 and 191; and, Whereas, the said county does not own a set of Georgia Code Annotated, volumes numbered 1 through 34 inclusive, with current pocket parts; 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 Upson County, Georgia without cost to said county, the foregoing volumes of the Georgia Supreme Court Reports and the Georgia Code Annotated. Be it further resolved that if for any reason the State

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Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required and furnish said books to the Ordinary of Upson County, Georgia, as aforesaid provided said funds are available from funds appropriated for that purpose. Approved December 22, 1953. ATLANTA CHARTER AMENDED. No. 855 (Senate Bill No. 211). 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 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 provisions of the charter relating to tax on goods brought into the city, contained in Section 8 of the amendment to the charter, approved March 23, 1937 (Ga. Laws, 1937, pp. 1502, 1509, Code, City of Atlanta, 1953, Section 25.22) is amended by striking the

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words and figures January 31 in each place where it occurs therein and substituting the words and figures January 1, so that said section, when amended, shall read as follows: The goods, wares and stocks of merchandise owned by any person, firm or corporation, brought into the city subsequent to January 1, in the operation of any business of transient, temporary or permanent nature, where the operation of such business begins subsequent to January 1, and where such goods, wares and stocks of merchandise have not previously been returned for taxation in some other municipality in Georgia, shall be subject to an assessment for ad valorem taxes for such year, and such property shall be liable for the payment of taxes for the perior or proportion of the year dating from the time said business begins operation; that is, if the new business begins in March, said property shall be liable for the payment on taxes on the ratio of ten-twelfths of the tax that would have been due for the full year, or if the new business begins in June, the amount of taxes would be one-half of the total amount for the full year. The lien for taxes and measure of tax liability on such property shall date fifteen days subsequent to the date such person, firm or corporation begins the operation of such business. It shall be the duty of all persons, firms and corporations who begin the operation of a new business subsequent to January 1, whether temporary, transient or permanent, in which goods, wares or merchandise are owned, within thirty days from the beginning of the operation of such business, to file a return with the tax assessors and receivers of all property subject to municipal taxation. In all other respects, the laws and ordinances of the city in regard to assessment, payment and collection of taxes shall be applicable as in cases of property owned as of January 1. Tax on goods brought into city. Section 3. That the provisions of the charter contained in Section 3 of the amendment of the charter approved February 13, 1939 (Ga. Laws, 1939, pp. 863, 864, City of Atlanta Code of 1953, Sec. 17.4) relating to the terms

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of office of heads of department, be and the same is hereby amended by adding at the end thereof the following: This section shall not apply to the terms of office of the chief of the police department nor to the chief of the fire department nor shall it interfere with the power of the mayor and board of aldermen to fix different terms for positions created by ordinance. The chief of the fire department and the chief of the police department shall hold office during good behaviour and efficient service. Department heads. Section 4. The provisions of the charter contained in Section 16.5, Code, City of Atlanta, 1953, are hereby repealed. The repealed section is as follows: The municipal revenue collector, ex officio treasurer shall keep a book, in which he shall make an entry of all sums of money received, and shall also make an entry of all sums of money paid out, and shall take receipts of all sums paid out, which book and receipts shall be subject to the inspection of the mayor and members of the board of aldermen at such times as they, or either of them, shall think proper. At the close of each fiscal year, he shall make a full tabular statement of the assets and resources of the city, with an itemized estimate of the probably and necessary expense for the ensuing year, which shall be published. [Illegible Text] evenue ollector. Section 5. That the provisions of the charter set forth in Section 25.104, Code, City of Atlanta, 1953, authorizing a tax on boxing, wrestling and like exhibitions, be amended by striking therefrom the word five and substituting therefor ten, so that said provisions shall read as follows: The mayor and board of aldermen are empowered and authorized to charge and collect not exceeding ten percent of the gross receipts of all boxing, sparring and other similar exhibitions in said city as a license on such exhibitions. This license fee shall be in lieu of any other

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charge against the promoters of those in charge of such exhibitions. [Illegible Text] Section 6. Executions against persons liable for taxes and assessments other than ad valorem and sanitary taxes shall be issued and signed by the clerk of council or the clerk of the board of aldermen. Executions. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 11, 1953. LAW LIBRARIES IN CERTAIN COUNTIES. No. 856 (House Bill No. 866). An Act to authorize any counties in this State having a population of not less than 33,900, and not more than 34,000, according to the United States official census for 1950, or any future census, to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; to provide funds for the establishment and maintenance of said libraries; to provide for the management of said libraries, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the board of commissioners of roads and revenues, or other governing authorities of any county in this State having a population of not less than 33,900, and not more than 34,000, according to the United States official census for 1950, or any future census, may establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said

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Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries the sum of one dollar ($1.00), in addition to all other legal costs, shall be charged and collected in each case, civil or criminal, filed in the superior, county, and/or city courts in and for said counties, and the clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same as directed by the board of commissioners of roads and revenues, or other governing authority of such counties; provided, that the board of commissioners of roads and revenues, or other governing authorities, shall by resolution duly entered upon their minutes, provide for the etsablishment and maintenance of such a law library and shall furnish the clerks of such courts with a certified copy of such minutes. Funds. Section 3. In each county in which such a law library is established in accordance with this Act, the board of commissioners of roads and revenues, or other governing authorities, shall appoint a committee which shall be composed of officers of the courts in such counties to administer the affairs of said law library and the funds authorized to be collected under this Act. Committee. Section 4. Any funds collected for the purpose of establishing and maintaining a law library as provided by this Act shall be used for that purpose and for no other purpose. Funds. Section 5. Be it further enacted by the General Assembly that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Section 6. That the following notice of local legislation, with the certificate of the publisher as to publication thereof, is 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

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Company is the publisher of the Times-Enterprise Weekly Edition; and that the Times-Enterprise Weekly Edition is the newspaper in which the sheriff's advertisements of Thomas County are published. I do further certify that the Notice of Local Legislation attached below this certificate, was published in the Times-Enterprise Weekly Edition on the 23rd and 30th days of October and the 6th day of November, 1953. Witness my signature this 12 day of November, 1953. /s/ Lee E. Kelly Lee E. Kelly Notice of Local Legislation. Notice is hereby given that at the approaching session of the General Assembly of Georgia, to be held in November, 1953, there will be introduced for passage a bill entitled: An Act to authorize any counties in this State having a population of not less than 33,900, and not more than 34,000, according to the United States official census for 1950, or any future census, to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; to provide funds for the establishment and maintenance of said libraries; to provide for the management of said libraries, and for other purposes. Thomasville Bar Association. By: A. J. Whitehurst A. J. Whitehurst, President Roy M. Lilly Roy M. Lilly, Secretary Approved January 11, 1953.

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DEKALB COUNTY PENSION SYSTEM. No. 858 (House Bill No. 863). An Act to create a system of pensions and retirement pay for officers and employees of DeKalb County; to authorize the county commissioners of said county to establish rules and regulations governing the payment of pensions and retirement pay to county officers and employees of said county; to establish a pension board and to define its powers and duties; to provide how county officers and employees may apply for and obtain pensions; to provide the maximum amount of retirement pay or pension that any officer or employee may receive; to provide how and when present officers and employees may apply for retirement pay, and future officers and employees may be authorized to do so; to provide a method for raising funds for the purpose of paying pensions and retirement pay to officers and employees; to authorize the governing authority of said county to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide that officers and employees of said county shall make contribution from their wages for the support of the pension fund and the payment of pensions and retirement pay; to provide how and under what conditions pensions may be granted; to provide for disability pensions and to define the meaning of the term disability; to provide for refunds to county officers and employees in the event such officers and employees sever their connection with the county; to provide exceptions to the application of this Act and exemptions therefrom; and for other purposes so as to create a complete system of pensions and retirement pay for the officers and employees of DeKalb County, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That there is hereby authorized and created a Pension Board for DeKalb County to consist of

Page 3199

five members, one of whom shall be the commissioner of roads and revenues of said county, a second shall be named by the county commissioner, two shall be officers or employees of the county, elected by the officers and employees, subject to the provisions of this Act, at an election to be held on the second Monday in January, 1954, and biennially thereafter on the second Monday in January. Said election shall be conducted with the use of secret ballots at some convenient place in the courthouse in DeKalb County, under the supervision of three managers appointed in the first instance by the ordinary. The polling place shall be open from 7:00 A. M. until 7:00 P. M. and every officer and employee of DeKalb County subject to the provisions of this Act shall be entitled to one vote at said election. A fifth member of the board shall be appointed by the four first named and shall be a citizen of DeKalb County, not less than thirty years of age and experienced in business or professional work. In case of a tie, the senior judge of the superior court shall appoint the fifth member. The elected and appointed members of the board shall serve terms of two years and until their successors are elected and qualified. All members of the board shall take an oath faithfully to perform their duties under this Act and to administer the terms thereof. Should a vacancy occur in the office of the member named by the county commissioner, the county commissioner shall appoint his successor for the unexpired term. Vacancies occurring in the positions of members otherwise elected and appointed shall be filled by appointment of the Senior Judge of the Superior Court of DeKalb County. Pension board. Section 2. The members of said pension board shall serve without pay, shall elect their own chairman and vice-chairman, and hold at least one meeting during each month, same to be held in the courthouse, and open to the public. Special or call meetings may be held when needed. Correct minutes of all meetings of said board shall be kept, and a certified copy or extract from said minutes, duly authenticated by the secretary of said board, shall be admissible as evidence in any court of law in this State. Meetings.

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Section 3. A majority of the members of the pension board shall constitute a quorum for all purposes. A quorum of said pension board shall be necessary for the transaction of any business or the conduct of any hearing before said board, and the majority of the members present shall be sufficient, to act upon all matters coming before the board, provided no pension shall be granted without the affirmative vote of at least three members of the board. Quorum. Section 4. On or before the effective date of this Act it shall be the duty of the Commissioner of Roads and Revenues of DeKalb County to promulgate rules consistent with but not inconsistent with this Act, providing for a pension to each officer or employee entitled thereto, and providing a system of procedure for granting pensions based upon years of service or physical disability. Said rules shall further provide the manner and time within which said application shall be made, and shall provide an orderly procedure whereby applications may be heard and determined, and pensions may be paid in accordance with the provisions of this Act. When so adopted such rules shall be administered by the pension board. Rules and procedure. Section 5. All county officers and employees of DeKalb County who are employed or hold office on the effective date of this Act are eligible to come under the terms and provisions thereof. Such officers and employees shall be given notice in writing by the governing authority of DeKalb County of the passage of this Act within five days after its approval. Such notice shall inform such officers and employees that they may elect whether or not they shall come within the provisions of this Act, on or before December 31, 1953. Any such officer or employee who desires to reject the terms of this Act shall so notify the Commissioner of Roads and Revenues of DeKalb County in writing on or before December 31, 1953. All other officers and employees of DeKalb County shall be deemed to have elected to come within the provisions of this Act and shall be subject to the terms and provisions thereof. Who eligible.

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All officers and employees of DeKalb County who shall be employed or elected or appointed subsequent to the effective date of this Act shall be subject to the terms and provisions thereof. All members of the former pension plan of DeKalb County, provided by Georgia Laws 1949, page 415, who wish to receive credit for service rendered prior to the date of establishment of the plan created under this Act must transfer their accumulated contributions to the pension fund herein created. Eligible officers and employees who were not members of the former pension plan but who wish to become members of the pension plan herein created with credit for all prior service to DeKalb County must pay into the pension fund the amount that they would have paid had the plan herein created been in force since the date of the former pension plan. All officers and employees who elect not to come under the plan herein created shall be entitled to have refunded to them from the receivers of the former pension fund of DeKalb County all contributions they have made to such former pension fund, provided, however, that any such officers and employees who apply for Federal social security shall leave in said pension fund an amount sufficient to pay such sums as may be necessary as employees' contributions to qualify them for Federal social security benefits. Former pension plan. Employees and officers, as the terms are used herein, shall include salaried officers and employees of DeKalb County, employees and deputies of county officers, by whatever name or title employed or deputized, and all other persons, including officers and employees of the courts, who perform any service for the benefit of DeKalb County for which they are paid a salary, who are eligible for old age and survivor's insurance in accordance with the Federal Social Security Act as amended. Employees, officers. In the event the county, in cooperation with other governmental subdivisions, contributes to the salaries or to the funds from which salaries are paid in the main-

Page 3202

tenance or operation of any agency, authority or department, the employees of such agency, authority or department shall be included in this Act, provided that DeKalb County and the co-operating governmental subdivision shall pay into the pension fund the employer's contribution required under this Act. Section 6. Effective January 1, 1954, it shall be the duty of the Treasurer of DeKalb County to deduct from the salary or wage paid to each officer, emplyee or deputy, subject to the provisions hereof, one percent (1%) of the first one hundred dollars ($100.00) of salary or wage paid to such officer or employee and two percent (2%) of the next two hundred dollars ($200.00) of salary or wage paid to such officer or employee but not to exceed the sum of five dollars ($5.00) a month from any officer or employee. It shall further be the duty of such treasurer to hold in a special fund, to be held by the treasurer, subject to the orders of the pension board, as provided hereafter, for the payment of pensions, all of the sums so deducted from the salaries and wages of officers and employees, together with such sums as may be appropriated by the governing authority of DeKalb County in aid of and in addition to the amounts withheld from the salaries of officers and employees. The contributions of members of the plan and of DeKalb County, together with such funds as may be transferred from the receivers of the former pension plan of DeKalb County, as well as the income from investments hereinafter authorized, shall constitute the pension fund for this plan. Contributions. Fund. Section 7. On and after January 1, 1954, any full time officer or employee who has contributed to the pension fund in accordance with the terms and provisions hereof may apply for and obtain a pension under the terms and in the amounts hereinafter set forth. Pensions paid hereunder shall be classified (a) as a service retirement allowance;

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(b) an early retirement allowance; (c) ordinary disability retirement; (d) line of duty disability retirement; and (e) associate member allowance. (a) A member who attains the age of sixty-five years and who has completed at least ten years of service shall be eligible to receive a service retirement allowance. The monthly service retirement allowance shall be equal to one dollar ($1.00) for each complete year of service with DeKalb County, provided, however, that in no event shall the aggregate of such service retirement allowance and the benefits which such member is entitled to receive as a primary benefit under the Federal Social Security Act, as amended, be less than such member would have been entitled to receive after the age of sixty under the DeKalb County pension system created by an Act approved February 19, 1949 (Ga. Laws 1949, p. 415). Service retirement allowance. (b) A member who attains the age of sixty years, and who has completed twenty-five years of service with DeKalb County, shall be eligible to receive an early retirement allowance. The monthly early retirement allowance shall be the actuarial equivalent of the allowance that would be payable if the member were sixty-five years old on the date of early retirement. The amount of such member's total retirement allowance, including his primary Federal social security benefit, shall be the same for such member before and after the member reaches the age of sixty-five years. All of such allowances shall be paid by DeKalb County from the pension fund until such member attains the age of sixty-five. Thereafter, the amount such member is entitled to receive from Federal social security as a primary benefit shall be deducted from the allowance paid by the county. Early retirement allowance. (c) A member who is permanently and totally disabled

Page 3204

after five years of service shall be entitled to ordinary disability retirement. Such monthly allowance shall be in a sum equal to two percent (2%) of his final average salary, times his number of years of service, subject to a minimum allowance of two dollars ($2.00) per month for each year of service but in no event to exceed one hundred dollars ($100.00) per month. Such allowance will be paid by DeKalb County from the pension fund herein created until such member reaches the age of sixty-five years and will, at that time, be reduced by fifty percent of the primary social security benefit to which such member is entitled. Ordinary disability retirement. (d) A member who is permanently and totally disabled in line of duty shall be entitled to a line of duty disability retirement benefit regardless of the member of years of service. Such member shall be entitled to a monthly disability retirement allowance equal to fifty percent (50%) of his final average salary but in no event to exceed one hundred dollars ($100.00) per month. Such allowance will be paid until the member reaches the age of sixty-five years from the pension fund of DeKalb County and will, at that time, be reduced by fifty percent (50%) of the primary social security benefit to which such member is entitled. Line of duty disability retirement. (e) Notwithstanding any other provisions or clause of this Act, any officer, employee or deputy of DeKalb County who is ineligible for Federal social security benefits may become an associate member of the pension plan and be entitled to an associate member's allowance as hereinafter set forth. Such associate member shall have deducted from his salary or wage, to be paid into the pension fund, three percent (3%) of the first two hundred dollars ($200.00) salary paid him, not to exceed the sum of six dollars ($6.00) per month from any such associate member. Any associate member who attains the age of sixty-five years and who has completed at least twenty-five years of service shall be eligible to receive an associate member allowance. The associate member allowance shall be an amount equal to one-half of

Page 3205

such associate member's average salary or wage for the last five years of service and shall not in any event exceed the sum of one hundred dollars ($100.00) per month. Associate member allowance. The provisions of this Act with reference to early service retirement, ordinary disability retirement and line of duty disability shall apply to associate members of the plan who shall be entitled to apply for and receive such pensions in the same manner and in the same amount as regular members of the pension plan, except that the entire amount of such pensions shall be paid to associate members by DeKalb County out of the pension fund herein created. Should any associate member in the future become eligible for Federal social security benefits, he shall immediately become a regualr member of the pension plan, shall make contributions herein provided to be made by such regular members and shall have the same pension rights herein provided for such regular members. Any contributions made to the pension fund by such associate member shall remain in such pension fund. None of the pensions and benefits provided herein shall be paid to any officer, deputy or employee of DeKalb County unless at the time he makes application for such pension or benefits he has been an officer, deputy or employee of such county continuously for a period of five years immediately preceding such application, provided, however, that any officer, deputy or employee of such county shall be eligible for ordinary and line of duty disability retirement, if he receives such disability while in the service of DeKalb County as such officer, deputy or employee and otherwise complies with the requirements of this Act, regardless of the continuity of his service. Section 8. In the event that a member dies prior to retirement, the total amount that such member has paid into the pension fund shall be paid to his widow or

Page 3206

widower and if no widow or widower, to his next of kin as a death benefit. Death benefits. Section 9. In the event that a member is killed while in the active performance of his duties, a death benefit shall be paid as provided in Section 8 of this Act, plus one hundred dollars ($100.00) for each complete year of service, up to a maximum number of five years. Death in line of duty. Section 10. In the event that a retired member dies before receiving retirement benefits equilling his total contributions to the pension fund, the difference between the amount received by him as benefits and his total contributions to the fund will be returned as a death benefit to the person or persons entitled to receive such death benefit as provided in Section 8 of this Act. Return of contributions on death. Section 11. In the event that a member terminates his service with DeKalb County for any reason other than death, he shall be entitled to have returned to him a severance benefit equal to his total contributions to the pension fund. Severance benefit. Section 12. All benefits payable under this Act shall be computed and based upon the average salary or wages of any member hereof for the last five years of his service with DeKalb County. Computation of benefits. Section 13. Whenever an application for disability pension has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia, certifying to the disability of such applicant for a pension. Immediately thereupon the pension board shall order the applicant to be examined by the county physician or some other physician named by the board who likewise shall certify the physical ability or disability of the applicant. In the event the certificates

Page 3207

of the respective physicians shall agree upon disability, such facts shall be conclusive as to the physical or mental condition of the applicant and the board shall thereupon enter an order granting a pension in the proper amount. In the event the certificate tendered by the applicant and the certification of the county physician or physician appointed by the board shall disagree as to the condition of the applicant, then and in that event the pension board shall conduct a hearing for the purpose of determining the true condition of the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn. Copies of documents may be received as evidence in lieu of the original at the discretion of the board, and affidavits may be received in lieu of original testimony. All such affidavits shall be filed with the board at the time of the hearing. The decision of the board after a hearing shall be final as to the physical or mental condition of the applicant, but the proceedings shall be subject to review by writ of certiorari from the Superior Court of DeKalb County. The chairman of the pension board shall be authorized to acknowledge service on any such writ, and to answer same on behalf of the pension board. Procedure, disability pension. Section 14. The pension board shall have authority to invest money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, in securities of the United States, or of the State, of DeKalb County, or any other county or municipality of the State of Georgia, or insured savings in building or savings loan associations and shall have the right to manage said investment so as to produce interest and return for the benefit of the pension fund. Investments Section 15. It shall be the duty of the pension board

Page 3208

to designate some employee or officer of the county to act as clerk of the pension board, and as such, to keep all of the records, books and minutes of said board. For such services the said clerk may be paid from the pension fund a salary not to exceed fifty dollars ($50.00) per month. Clerk of pension board. Section 16. In any hearing before the pension board the clerk thereof shall have the authority to issue subpoenas in the name of the board, requiring the attendance of witnesses and the production of documents for the purpose of being used as evidence before said board. Subpoenas shall be issued at the request of the applicant by the board, and any witness failing to attend or to produce any record required of him, without legal excuse, shall be guilty of contempt, and may be fined for same before the Judge of the Superior Court of Dekalb County. Hearings. Section 17. Any officer or employee who shall return to the service of DeKalb County after an absence therefrom, whether under resignation, leave of absence or discharge, shall be entitled to credit against his service for all periods of time he has served as an officer or employee, or as a deputy of an officer of DeKalb County, provided such officer or employee shall restore to the pension fund all sums which he may have withdrawn therefrom on the date of his resignation or discharge from county service, together with interest thereon at the rate of three percent (3%) per annum. Said sum may be paid in equal installments over a period not to exceed twenty-four (24) months, provided, however, no pension shall be granted to any officer or employee, until all sums due by said officer or employee to the pension fund shall have been paid. Employees reentering service. Section 18. Any officer, employee or deputy of DeKalb

Page 3209

County who shall have served in the armed forces of the United States during World War I or World War II or the Korean War and who, at the time of induction into said armed forces, was an officer, employee or deputy of DeKalb County, shall be entitled to have credit against his service with said county all of the time represented by the period of said service. Any officer or employee of DeKalb County who shall hereafter be inducted into the armed forces of the United States by conscription or under any compulsory military plan, shall likewise be entitled to credit for service during the period he was absent from county service and in the armed forces of the United States; provided such employee shall within six (6) months after his discharge from the armed service, return to the service of DeKalb County, and pay to the pension fund a sum equal to the amount of the contribution which said officer or employee would have made to the pension fund had he continued in county service and had not been inducted into the armed forces of the United States, such payment to be made in not more than twelve (12) equal monthly installments. Military service shall not be construed to interrupt continuous service. Service with armed forces. Section 19. The pension board shall have the right at intervals of not less than one year, to require an examination of all officers and employees receiving disability pensions under the provisions of this Act. In the event any such officer or employee receiving a disability pension shall be found, as a result of such examination, not to be disabled, the pension board may, after hearing thereon, and an opportunity to such officer or employee to be heard, remove such officer or employee from the list of those entitled to a disability pension, provided, in all cases where an employee is thus removed from the list of those entitled to a disability pension, it shall be a

Page 3210

prerequisite to such removal from the pension list, that such employee shall be tendered a position with DeKalb County having the same or equal pay with that position which such employee held at the time the disability pension was granted. Examination of disability pensioners. Section 20. No contribution shall be required of any officer, deputy or employee during the time that such party is receiving a pension under the provisions of this Act. Section 21. No officer or employee receiving a pension under the terms of this Act shall threafter become an employee or officer of any department of government, whether National, State, or municipal, or of another county. Such officer or employee, notwithstanding the provisions of this section, may accept employment with or be elected to any department or office of government as provided herein, but no pension shall be payable to such officer or employee during the period of employment by such government. Employment by other governmental units. Section 22. Notwithstanding any other provision or clause of this Act, no officer, deputy or employee of DeKalb County shall be required to make any contributions to said pension fund, and no contribution whatsoever shall be deducted from his salary or wages for any purpose named in this Act, for a period of ninety (90) days after the commencement of his or her employment as an officer, employee of DeKalb County. Likewise, no pension rights, shall accrue to any such new officer, employee, or deputy during said ninety (90) day period, which period is hereby defined as a probationary period during which no pension rights shall inure. In the event such new officer, employee or deputy shall retain his connection with DeKalb County after such

Page 3211

ninety (90) day period, then the full amount of contribution required by this Act of other employees, officers and deputies during said ninety (90) day period shall be deducted from the salary of such new officer, employee or deputy, and paid into the said pension fund so that the full amount of contributions required for participation in the pension fund shall thus be equalized for the entire period of service of such officer, employee or deputy. After such payment or deduction, such new officer, employee or deputy, if otherwise qualified, shall acquire a pension status and his period of service shall date from the date of his employment as an officer, employee or deputy of DeKalb County for the purpose ascertaining thereafter the amount of any pension to be paid or which may become payable to such officer, employee or deputy. It is the intention of this provision to eliminate from the operation of the pension fund all temporary employees and all new officers, deputies and employees until they have demonstrated their aptitude and fitness for service, and until they have become permanent, as evidenced by the satisfactory completion of a ninety (90) day probationary period. Probationary period. Section 23. In computing the salary of officers, employees or deputies for the purpose of determining the amount of contribution of such officer, employee or deputy and paying pensions, there shall be added to the salary or wage paid by DeKalb County, the amount of any salary or wage paid by the State of Georgia or the United States, provided the maximum of pension and the total amount of the deduction from the salary or wage of such officer, employee or deputy shall not exceed the maximum provided in the other of this Act. Computation of salary. Section 24. Full-time service rendered in DeKalb County by an officer, or employee, while in the employment

Page 3212

of DeKalb County, as an officer, or as an employee, or as a deputy of a county officer while serving under the fee system, and service in any of the schools in DeKalb County, shall be included in the service for which a pension is granted, both for disability and by reason of length of service. Part-time employment shall not be counted. Likewise, full-time service rendered while in the employment of any municipality wholly or partly within the county, if such employment is followed immediately by employment by DeKalb County, shall be included in the service for which a pension may be granted, both for disability and by reason of length of service; provided, that both employee and DeKalb County shall pay into the pension fund a sum equal to the amount which would have been paid thereinto had the employee been employed for said period by DeKalb County; provided further, that such employment begins within a period of five years from the date this Act becomes effective. Service credits. Section 25. The governing authority in charge of county affairs for DeKalb County shall appropriate to the pension fund annually, to be paid in monthly installments, an amount equal to 3.8 percent of the total payroll of DeKalb County for the officers and employees who are covered by this Act. Such contributions shall be made by DeKalb County for a period of five years following the effective date of this Act. Within sixty (60) days prior to the end of such five-year period, it shall be the duty of the governing authority of DeKalb County to employ some qualified actuary or firm of actuaries to analyze the DeKalb County pension plan and report thereon to the pension board, should the contribution to the plan herein provided to be made by DeKalb County be found to be insufficient to maintain the plan on a sound basis, it shall be the duty of such

Page 3213

governing authority of DeKalb to appropriate such further sum for the next five years as would be necessary to maintain the fund and the plan on a sound basis. Should the actuary or firm of actuaries find that a lesser contribution by DeKalb County would maintain the fund and the plan on a sound basis, DeKalb County is authorized to decrease its contribution to the percentage of the total payroll found by the actuary or firm of actuaries to be sufficient to maintain the plan and the fund on such sound basis. The pension plan shall be actuarially reviewed every five years in the manner herein set forth. The actuary or firm of actuaries employed to make such analysis shall be selected by the pension board. Appropriations by county. Actuarial review. Section 26. The receivers of the former pension fund of DeKalb County shall pay into the pension fund created by this Act all monies remaining in their hands upon the effective date of this Act. Funds of former plan. Section 27. All officers, deputies and employees who have retired or become disabled and who are receiving pensions from DeKalb County at the time this Act becomes effective shall receive such pensions out of the general fund of DeKalb County. Present pensioners. Section 28. DeKalb County is authorized to reimburse itself out of the pension fund for any payments out of the general fund of such county or otherwise made for the purpose of paying retroactive contributions for officers and employees under Federal social security and for paying any sums required by the Federal Social Security Act, as amended, to insure payment of future contributions. Should any of such monies be returned to DeKalb County, they shall be deposited in the pension fund created by this Act. Funds.

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Section 29. The governing authority of DeKalb County is hereby authorized to levy an ad valorem tax with respect to all taxable properties in DeKalb County for the purpose of fulfilling the obligations imposed upon DeKalb County by this Act and assumed by it pursuant to the authority created herein. Taxation. Section 30. Should any provision of this Act be held unconstitutional without such unconstitutionality being of such nature as to void the entire Act or to defeat its beneficent purposes, then and in that event it is the legislative intent that the various provisions of this Act shall be separately enacted and those provisions which are held to be constitutional shall nevertheless remain in force, nothwithstanding the unconstitutionality of one or more provisions hereof. Section 31. 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 DeKalb County are published, namely, in the DeKalb New Era, 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 32. The effective date of this Act shall be January 1, 1954. Section 33. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the

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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 October 29, November 5 and 12, 1953. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 9 day of Nov., 1953. Cornelia Whitten (Seal) Copy of Notice. Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in November, 1953, for the passage of local legislation, the title of such bill to be as follows: An Act to create a system of pensions and retirement pay for officers and employees of DeKalb County to authorize the county commissioner of said county to establish rules and regulations governing the payment of pensions and retirement pay to county officers and employees of said county; to establish a pension board and to define its powers and duties; to provide how county officers and employees may apply for and obtain pensions; to provide the maximum amount of retirement pay or pension that any officer or employee may receive; to

Page 3216

provide how and when present officers and employees may apply for retirement pay, and future officers and employees may be authorized to do so; to provide a method for raising funds for the purpose of paying pensions and retirement pay to officers and employees; to authorize the commissioner of said county to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide that officers and employees of said county shall make contribution from their wages for the support of the pension fund and the payment of pensions and retirement pay; to provide how and under what conditions pensions may be granted; to provide for disability pensions and to define the meaning of the term disability; to provide for refunds to county officers and employees in the event such officers and employees sever their connection with the county; to provide exceptions to the application of this Act and exceptions therefrom; and for other purposes so as to create a complete system of pensions and retirement pay for the officers and employees of DeKalb County, and for other purposes. This the 28th day of October, 1953. W. H. McWhorter, Guy W. Rutland, Jr., Mell Turner. Approved January 11, 1954.

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APPELLATE COURTS SUPREME COURT OF GEORGIA HON. W. H. DUCKWORTH Chief Justice HON. LEE B. WYATT Presiding Justice HON. T. GRADY HEAD Associate Justice HON. T. S. CANDLER Associate Justice HON. J. H. HAWKINS Associate Justice HON. BOND ALMAND Associate Justice HON. I. H. SUTTON Associate Justice ROBERT H. BRINSON, JR Law Assistant T. E. DUNCAN Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant L. HAROLD GLORE Law Assistant CLAUDE M. HOUSER Law Assistant A. B. ESTES 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. JULE W. FELTON Chief Judge HON. B. C. GARDNER Presiding Judge HON. J. M. C. TOWNSEND Judge HON. IRA CARLISLE Judge HON. JOSEPH D. QUILLIAN Judge HON. H. E. NICHOLS Judge M. ROSCOE LOWERY Law Assistant MRS. GLADYS T. MEDLOCK Law Assistant MRS. ALFREDDA WILKERSON Law Assistant JOHN E. HOGG Law Assistant GRADY ALMAND Law Assistant GEORGE HIBBERT Law Assistant WILLIAM G. ENGLAND Clerk MORGAN THOMAS Deputy Clerk J. I. GUICE Sheriff ARTHUR H. CONDINGTON Reporter GEORGE H. RICHTER Assistant Reporter

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SUPERIOR COURT CALENDAR FOR 1954 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 is 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. GilmerFourth Monday in October; third Monday in May. PickensFirst Monday in April, and fourth Monday in September.

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BRUNSWICK CIRCUIT. HON. DOUGLAS F. THOMAS, Judge, Jesup. W. GLENN THOMAS, Solicitor-General, Jesup. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Mondays in April and November; third Monday in June. 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 February, June and October. MuscogeeFirst Mondays in February, April, June, August, October and December. TalbotSecond Mondays in March and November; third Monday in August. 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.

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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.

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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 January, April, July 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. THOMAS J. BROWN, JR., Judge, McDonough. 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.

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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.

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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, June, September, and December. 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 Monday in March, second Monday in November. BarrowThird and fourth Mondays in February and August; first Mondays in May and November. GwinnettFirst Mondays in March, June, and December; second Monday in September. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. MACK G. HICKS, 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, Solicitor-General, 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, Solicitor-General, Decatur. ClaytonThird Mondays in February, May, August, and November. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, and third Mondays in March, July, and September. RockdaleThird Monday in January, and first Mondays in April, July and October. TALLAPOOSA CIRCUIT. HON. WILLIAM W. MUNDY, Judge, Cedartown. HAL C. HUTCHENS, Solicitor-General, Dallas. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August.

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TIFTON CIRCUIT. HON. W. C. FOREHAND, Judge, Sylvester. J. BOWIE GRAY, Solicitor-General, Tifton. IrwinThird and fourth Mondays in February and November, and first Monday in July. TiftFirst Mondays in March and September, and first and second Mondays in June and December. TurnerSecond and third Mondays in January and July, and second Mondays in April and October. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. HON. C. J. PERRYMAN, Judge, Thomson. J. CECIL DAVIS, Solicitor-General, Warrenton. 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. CARLISLE COBB, 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 3230

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Albany-Dougherty County; merger of governments 7 Bartow County; board of education 540 Bibb County; building regulations 491 Bibb County; legislative powers 526 Brantley County; tax for promotion of industry and agriculture 217 Bulloch County; board of education 534 Chatham County; school tax 236 Cherokee County; school system 231 Clayton County; board of education 506 Coffee County; school system 250 County education taxes 252 Dekalb County; education tax 536 Elbert County; school system 496 Firemen's pensions, taxation for 532 Fulton County; road work in certain incorporated areas 144 Fulton County; school tax, homestead exemption 147 General Assembly; time and duration of sessions 512 Gilmer County; board of education 544 Grants to education 241 Gwinnett County; water, sanitation, sewerage and fire protection authority 247 Haralson County; board of education 191 Laurens County; board of education 239 Lincoln County; board of education 219 Macon-Bibb County board of health 256 Municipal home rule 504 Muscogee County; street and sidewalk improvements 515 Nahunta; tax for promotion of industries 189 Rabun County; tax for promotion of industries 222 Richmond County; license and regulation of business 502 Slum clearance projects 538 Stewart County; board of education 546 Stewart County; school system 224 Tax exemptions (Art. VII, Sec. I, Par. IV) 70 Thomas County; school system 517 Waycross; school tax 510 Waycross and Ware County development authority 266 CODE SECTIONS. 6-407Amending Compensation of jurors in justice courts 312 6-801Amending Brief of evidence 440 6-802Amending Brief of evidence 440

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6-803Amending Brief of evidence 440 6-902Amending Time of tender, bill of exceptions 279 6-903Amending Time of filling, bill of exceptions 279 6-905Amending Exceptions to antecedent ruling, judgment, etc. 440 6-905Amending Time of filing, exceptions pendente lite 279 6-911Amending Service of bill of exceptions 440 6-1305Repealed Exceptions pendente lite 440 13-2017Amending Bank loans on collateral 328 23-1013Amending Compensation of county treasurers 176 24-1710Amending Who to serve in place of disqualified ordinary 182 24-2714Amending Subpoena dockets in superior courts 304 24-2715Amending Record of instruments affecting real or personal property in counties of 20,500 to 20,900 325 24-2715Amending Record of instruments affecting real or personal property in counties of 18,600 to 18,900 195 24-3347Amending Brief of evidence 440 26-1601Amending Kidnapping defined 99 Ch. 26-45Amending Escape or attempt to escape after lawful arrest 187 27-2511Amending Penalty on conviction of second or subsequent felony 289 32-904Amending Compensation of members of board of education in counties of 4,520 to 4,820 60 32-2204Repealing State Board of Vocational Education 401 34-1303Amending When count of votes at election to begin 274 34-1904Amending Candidacy for election in cities of 300,000 and more 481 34A-128Amending Electric membership cooperatives, encumbrances of property, etc. 359 35-236, 35-237Amending Trial as to lunacy, patients at Milledgeville State Hospital 321 38-1501Amending Subpoena of witnesses 484 38-1603Amending Evidence of communications with insane person or one since deceased 319 38-2101Amending Who may be examined on interrogatories 288 38-2403Amending Depositions, procedure 288 39-1103Amending Rates for legal advertising 271 39-1105Amending Official organs 271 45-222Amending Nonresident fishing licenses and permits 173 45-507Amending Illegal killing of fish 181 45-812Amending Oysters, shrimp 374 45-818Amending Shrimp, crabs, oysters; reports 374 45-819Repealed Shrimp, prawn, crabs; taxation 374 58-612Amending Furnishing liquor to minors 283 59-106Amending Jury lists (women to serve) 284 59-112Amending Persons exempt from jury duty 284 59-112Amending Attorneys at law exempt from jury duty 328 59-201Amending Qualifications of grand jurors 284

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Ch. 62-1Amending Recording of cattle brands and marks 175 67-1308Amending Reversion of title, deeds to secure debt 313 67-2003Amending Mechanics' liens on personalty 275 68-214Amending Automobile license plates 343 Ch. 68-3Repealing See Uniform Act Regulating Traffic on Highways 556 68-9917Repealing See Uniform Act Regulating Traffic on Highways 556 68-9919Repealing See Uniform Act Regulating Traffic on Highways 556 68-9920Repealing See Uniform Act Regulating Traffic on Highways 556 68-9924Repealing See Uniform Act Regulating Traffic on Highways 556 69-308Amending Damage actions against municipal corporations, demand prerequisite 338 70-301Amending Brief of evidence 440 70-305Amending Brief of evidence 440 71-102Amending Qualifications of notaries public 330 77-391Amending Assignment of prisoners to camps and other places of detention 100 77-602Repealing Juvenile Court Act amended 87 81-103Amending Pleadings, counts 440 81-202Amending Service of process 440 81-1001Amending Amendment on order not waiver of right to object 82 83-102Amending Width of private ways 98 83-302Amending Width of tramroads 98 84-927Amending License of aliens to practice medicine 179 84-1401Amending License of real estate brokers and salesmen in counties having city of more than 17,500 166 84-1409Amending License and bond of real estate brokers and salesmen 203 87-304Amending Time of filing exception to judgment in bond validation proceedings 279 87-405Amending Time of filing exception to judgment in bond validation proceedings 279 92-2902Amending Motor vehicles, operating fees 371 92-3106(c)Amending Personal exemptions, income tax 197 92-3109Amending Deduction for child care expenses 291 92-3109Amending Income tax, deduction of net operating loss 316 92-3109Amending Income tax deductions 372 92-5707, 92-5708Amending Tax liens 168 92-6201Amending County tax returns 270 95-1504Amending Powers and duties of State Highway Department 127 109-105Amending Capital stock of trust companies 276 110-108Amending State depositories, bond and security 483 110-406Amending Judgment without jury 440

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113-1518Amending Executors and administrators, investments 178 114-101Amending Firemen and policemen in cities of more than 300,000 not employees 129 COURTS. SUPERIOR COURTS. Alapaha Circuit; reporter's salary 102 Banks; terms 209 Barrow; terms 209 Blue Ridge Circuit; judge's salary 330 Brunswick Circuit; reporter's compensation 2804 Camden; terms 198 Chattachoochee Circuit; solicitor-general's compensation 2977 Coweta Circuit; judge's salary 92 Eastern Circuit; additional judge 277 Fulton County; chief deputy clerk, salary 2177 Gilmer; terms 201 Gwinnett; terms 209 Jackson; terms 209 Lamar; clerk's compensation 2500 Marion; terms 104 Oconee; reporter's compensation 2352 Piedmont Circuit; terms 209 Putnam; terms 216 Rome Circuit; judge's salary 2033 Talbot; terms 44 Twiggs; terms 309 Western circuit; reporter's salary 2317 CITY COURTS. Albany; pre-trial conferences 2402 Baldwin County; fees 2321 Baxley; amendments 2541 Cairo; compensation of solicitor, clerk; sheriff 2554 Chattooga County; juries, compensation 2117 Claxton; judge's salary 2279 Clayton County; judge's and solicitor's compensation 2083 Columbus; solicitor's salary 2315 Floyd County; judge's salary 2035 Macon; judge pro tem 2516 Miller County; abolished 2814 Oglethorpe; judge's salary 2498 Oglethorpe; procedure and practice 2998 Polk County; judge's salary and qualifications 2256 Polk County; pleading and practice 2288 Valdosta; pleading, procedure and practice 2263 Waycross; clerk's compensation 2869

Page 3234

CIVIL COURTS. DeKalb County; judge's salary 2154 Fulton County; compensation of clerks and marshals 2710 CRIMINAL COURTS. Fulton County; retirement system amended 2795 MUNICIPAL COURTS. Augusta; attachments 2823 Columbus; compensation of marshal and deputies 2561 Savannah; associate judge's salary 2531 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Bacon; Alma-Bacon County Planning Commission 2520 Bacon; lawbooks to 3170 Baldwin; commissioners, terms, election 2289 Bartow; board of education; proposed amendment to the Constitution 540 Berrien; tax commissioner's compensation 2653 Bibb; building regulations; proposed amendment to the Constitution 491 Bibb; candidacy of officers and representatives 2810 Bibb; Federal Social Security Actapplication to county employees 2071 Bibb; legislative powers; proposed amendment to the Constitution 526 Bibb; Macon-Bibb County board of health; proposed amendment to the Constitution 256 Bibb; pension plan 2907 Bibb; pension system abolished 2067 Bibb; roads in subdivided areas 2850 Brantley; tax for promotion of industry and agriculture; proposed amendment to the Constitution 217 Bulloch; board of education; proposed amendment to the Constitution 534 Burke; county pension system created 2049 Candler; lawbooks to 2515 Carroll; lawbooks to 3187 Chatham; conveyance of lands on McQueens Island to Chatham County 118 Chatham; school tax; proposed amendment to the Constitution 236 Chattooga; candidacy of Representatives to General Assembly 91 Cherokee; commissioner's compensation 2534 Cherokee; compensation of officers and employees 2668 Cherokee; school system; proposed amendment to the Constitution 231 Clayton; board of education; proposed amendment to the Constitution 506 Clayton; commissioner, compensation, clerks 2078

Page 3235

Clayton; superior court clerk, sheriff, other county officers, deputies and clerkscompensation 2080 Clayton; tax commissioner's compensation 2076 Clayton; waterworks and sewerage bonds; proposed amendment to the Constitution 227 Cobb; commissioner and advisory board, zoning 3026 Cobb; commissioner's contracts 2888 Cobb; planning commission; zoning 3016 Cobb; public roads, control and use of 2164 Coffee; compensation of clerical assistant for ordinary 2383 Coffee; school system; proposed amendment to the Constitution 250 Coweta; representatives in General Assembly, candidacy 487 Dade; tax commissioner's compensation 2484 Decatur; commissioner's financial statement 2405 DeKalb; education tax; proposed amendment to the Constitution 536 DeKalb; pension system 3198 DeKalb; retirement system repealed; new system provided 2659 Dougherty; government merged with Albany 2125 Dougherty; tax receiver's compensation 2384 Dougherty County-Albany, merger of governments; proposed amendment to the Constitution 7 Elbert; commissioner's compensation 2319 Elbert; school system 3021 Elbert; school system; proposed amendment to the Constitution 496 Elbert; sheriff's compensation 2252 Evans; commissioners' compensation 2502 Forsyth; indebtedness for buildings 2674 Forsyth; zoning regulations, administration 2375 Franklin; treasurer's salary 2286 Fulton; board of education, funds 2718 Fulton; civil service board; amendments 2716 Fulton; civil service system amended 2775 Fulton; conveyance to, of surplus expressway lands 459 Fulton; road work in certain incorporated areas; proposed amendment to the Constitution 144 Fulton; school debt; proposed amendment to the Constitution 149 Fulton; school tax, homestead exemption; proposed amendment to the Constitution 147 Fulton; taxation 2733 Gilmer; board of education; proposed amendment to the Constitution 544 Glynn; lawbooks to 2514 , 3182 Glynn; ordinary's retirement 2496 Greene; commissioner 2455 Greene; tax commissioner 2506 Gwinnett; water, sanitation, sewerage and fire protection authority; proposed amendment to the Constitution 247 Habersham; Gas Distribution Authority established 2230 Habersham; Water Authority created 2460 Hall; commissioners, recall 2719

Page 3236

Hall; representatives in General Assembly, candidacy 122 Haralson; board of education; proposed amendment to the Constitution 191 Harris; commissioners 2567 Henry; treasurer's statement of receipts 2793 Henry; zoning and planning commission 2780 Irwin; commissioner's compensation 2261 Lamar; commissioners of roads and revenues, districts, election 2188 Laurens; board of education; proposed amendment to the Constitution 239 Lincoln; board of education; proposed amendment to the Constitution 219 Lincoln; tax commissioner 2604 Marion; treasurer's salary 2180 Muscogee; board of education, appointments 2373 Muscogee; street and sidewalk improvements; proposed amendment to the Constitution 515 Newton; exchange of lands with Newton County Board of Education; a resolution 142 Pickens; commissioner's compensation 2186 Quitman; commissioners 2607 Rabun; tax commissioner, election, compensation 2308 Rabun; tax for promotion of industries; proposed amendment to the Constitution 222 Richmond; board of health 2599 Richmond; license and regulation of businesses; proposed amendment to the Constitution 502 Richmond; pension system amended 2624 Rockdale; commissioner's compensation 2784 Spalding; board of education; candidates; elections 2007 Stewart; board of education; proposed amendment to the Constitution 546 Stewart; school system; proposed amendment to the Constitution 224 Sumter; exchange of lands with; a resolution 156 Sumter; land conveyance to, authorized; a resolution 242 Thomas; school system; proposed amendment to the Constitution 517 Towns; lawbooks to 2706 Troup; pension system amended 2564 Turner; commissioner's compensation 2380 Twiggs; commissioners 2570 Upson; lawbooks to 3191 Ware; Waycross and Ware County development authority; proposed amendment to the Constitution 266 Wayne, lawbooks to 3187 Wilkes; commissioners 2597 COUNTIES AND COUNTY MATTERSBY POPULATION. Boards of education in counties from 24,600 to 24,800 2996

Page 3237

City-county board of tax assessors in counties of 300,000 or more 2769 Compensation of members of board of education in counties of 4,520 to 4,820; Code 32-904 amended 60 Consolidation of schools in counties of 9,150 to 9,120 307 Costs in divorce cases in counties of 115,000 to 135,000 61 Hunting or fishing without license, jurisdiction of court of ordinary in counties of 14,450 to 14,650 208 Instruments conveying real or personal property; records in counties of 18,600 to 18,900; Code 24-2715 amended 195 Law libraries in counties of 33,900 to 34,000 3195 Pension system in counties having cities of 300,000 or more 3000 Record of instruments affecting real or personal property in counties of 20,500 to 20,900; Code 24-2715 amended 325 Salaries of officers in certain counties (Act of 1950 amended) 2547 Special schools or courses for deaf children, for children with defective speech or handicapped because of cerebral palsy in counties of 300,000 and more 474 Tax commissioner and assistant, salaries in counties of 15,500 to 15,900 2569 Tax receiver's commission in counties from 9,890 to 9,900 2304 Teachers; retirement age in counties of 62,800 to 63,000 177 Traffic cases before ordinary, superior court clerk to attend in counties of 7,100 to 7,320 83 Treasurer's salary in counties of 100,000 to 110,000 2190 Zoning in counties between 108,000 to 112,000; appeal to zoning board 124 MUNICIPAL CORPORATIONSNAMED CITIES. Adel; corporate limits 2766 Albany; conveyance of lands in Cheehaw State Park to, confirmed; a resolution 152 Albany; government merged with Dougherty County 2125 Albany-Dougherty County, merger of governments; proposed amendment to the Constitution 7 Alma; Alma-Bacon County planning commission 2520 Americus; tax rate 2972 Ashburn; voters' qualifications; election procedure 2014 Athens; absentee voting 2386 Athens; city attorney 2487 Athens; election hours 2010 Athens; Hancock Avenue closed 2192 Athens; parking facilities 3037 Athens; recorder 2635 Atlanta; charter amended 2845 Atlanta; charter amended 2967 Atlanta; charter amended 2983 Atlanta; charter amended 3192 Atlanta; disability pensions 2885 Atlanta; taxation 2733

Page 3238

Atlanta; traffic control 2890 Augusta; corporate limits extended 2610 Augusta; corporate limits extended 2476 Augusta; election clerks and managers 2649 Augusta; vacancies on city council 2480 Austell; gas distribution system authorized 2168 Barnesville; Whitehall Street closing authorized 2012 Berkely Lake; charter 2894 Blakely; corporate limits 2282 Brinson; corporate limits 2550 Brunswick; commissioner's actions confirmed, street closings, land conveyances, mayor's election 2394 Buena Vista; tax assessments 2227 Cairo; councilmen, election and terms 2536 Cairo; water, gas and electric commissioners 2786 Camilla; water, light and gas commission 2875 Carrollton; election of recorder 2323 Carsonville; charter 2096 Cave Spring; charter amended 2629 Clarkesville; charter 2745 Columbus; Eighth Avenue closed 2245 Columbus; land conveyance confirmed 2253 Cordele; corporate limits extended 2407 Covington; utilities, easements 2156 Dalton; ad valorem tax 2160 Dalton; school tax 2162 Decatur; parking lots authorized 2182 Decatur; tax rate 2578 Donalsonville; street closings 2513 East Point; charter amended 3158 East Point; corporate limits extended 2672 East Point; corporate limits extended 3014 East Point; retirement system amended 2552 Elberton; charter amended 2582 Elberton; charter amended 2987 Ellenton; taxation, licenses 2292 Fitzgerald; eminent domain, fire protection 2109 Forest Park; mayor or city manager, referendum 2855 Forest Park; wards; councilmen 3029 Fort Valley; charter amended 2817 Gainesville; compensation of mayor and commissioners 2370 Glennville; mayor and council; tax assessors 3149 Griffin; county school system, candidates, elections 2007 Griffin; retirement system amended 2656 Hapeville; charter amended; pension system 3004 Hazlehurst; charter 2925 Jasper; charter 3120 Jonesboro; corporate limits 2029 Kennesaw; officers and employees, policemen 2827 Kingsland; alley closing, land conveyance 2297

Page 3239

Lake Tara; charter repealed 2064 Loganville; charter amended 2003 Macon; alley widening 2773 Macon; board of water commissioners, qualifications 2194 Macon; corporate limits extended 2388 Macon; Macon-Bibb County board of health; proposed amendment to the Constitution 256 Macon; pension system repealed; new system established 2120 Macon; recorder's court 3152 Macon; water commissioners, pension plan 2831 Marietta; Parking Authority created; other amendments to charter 2267 Marshallville; name changed to City of Marshallville; water and light commission 2248 Monroe; corporate limits extended 2632 Monroe; charter amendments 2489 Mount Zion; utility systems 3034 Nahunta; charter amended 2299 Nahunta; tax for promotion of industries; proposed amendment to the Constitution 189 Newnan; corporate limits 2040 Newnan; land conveyance 2559 Oxford; mayor, councilmen, elections 2037 Pavo; mayor and council 2086 Powder Springs; charter amended 2637 Ringgold; mayor and council; taxes 2901 Roberta; salaries of mayor and councilmen 2294 Rome; corporate limits extended 2724 Rome; corporate limits extended 2871 Rome; retirement system amended 2093 Rome; retirement system amended 2356 Rome; retirement system amended 2361 Rome; school fund 2339 Rome; tax assessors, surveys, experts 2346 Rossville; tax assessor's compensation 2538 St. Mary's; street closings 2665 Savannah; charter amended (council-manager form of government) 2019 Savannah; pension system 2799 Savannah; street closing 2829 Smyrna; recorder's court 2365 Smyrna; wards 2735 Social Circle; schools 2259 Spring Place; street closing 2504 Tazewell; charter 2325 Temple; tax rate 2848 Thomasville; water and light department 2544 Thomson; charter amended 2584 Vidalia; tax assessors; election; duties 2091 Washington; mayor and council, election 2089

Page 3240

Waycross; city manager 2045 Waycross; school tax; proposed amendment to the Constitution 510 Waycross; Waycross and Ware County development authority; proposed amendment to the Constitution 266 West Bainbridge; charter 2197 West Point; corporate limits 2858 Whigham; charter 2413 Willacoochee; charter 3039 MUNICIPAL CORPORATIONSBY POPULATION. Candidacy for election in cities of 300,000 and more; Code 34-1904 amended 481 Fire department pensions; in cities of more than 150,000 according to 1920 census 2305 Firemen and policemen in cities of more than 300,000 not employees under Workmen's Compensation Act; Code 114-101 amended 129 Pension system in cities of more than 150,000 2770 Pension system in cities of more than 150,000 2776 Police pension in cities of 150,000 or more 2707 Tax assessment procedure in cities of 300,000 or more 2813 RESOLUTIONS AUTHORIZING PAYMENTS. Compensation to Gladstone Barber for injuries 2699 Compensation to Corporal J. W. Beasley for injuries 2677 Compensation to G. W. Bird, Jr., for damage to automobile 3175 Compensation to Trooper L. W. Boatright for injuries 2704 Compensation to Sankey Booth for services 2693 Compensation to J. B. Bruce for loss of cow 2681 Compensation to Mrs. G. B. Campbell for injuries 3174 Compensation to M. E. Cochran for damage to livestock 3190 Compensation to I. P. Cox for damage to automobile 3189 Compensation to Trooper C. L. Everett for injuries 3183 Compensation to Mrs. Hilda Fennell for damage to automobile 3172 Compensation to Clyde Frye for injuries to child 2680 Compensation to Mrs. W. J. Gallemore for damage to automobile 2705 Compensation to Thomas E. Hamilton for injuries to automobile 2678 Compensation to O. L. Harris for damage to automobile 2700 Compensation to N. Aldo Harrison for injuries to automobile 2698 Compensation to Mrs. J. H. Hicks for death of her father 3177 Compensation to Henry C. Hill for injuries 2683 Compensation to Trooper Crawford Lee Hitt for injuries 2697 Compensation to Jarvis Johnson for damage to automobile 3169 Compensation to Mrs. Lizzie Lundy for death of son 2682 Compensation to E. S. McKinney for damage to automobile 3173 Compensation to Trooper John E. Moreland for injuries 2695 Compensation to Trooper J. M. Moses for injuries 2701

Page 3241

Compensation to W. H. Mott for damage to automobile 2689 Compensation to Rev. Graham Oglesby for damage to automobile 2686 Compensation to Mrs. Lillian Dobbs O'Kelley for damage to automobile 2703 Compensation to Louis Palmer for damage to automobile 2691 Compensation to E. R. Patton for damage to automobile 3176 Compensation to R. A. Pert for damage to automobile 3186 Compensation to J. B. Polk and Mrs. Frances Massey for damage to automobile 3180 Compensation to R. H. Ridgway, Jr., for damage to automobile 2685 Compensation to E. E. Roberson for loss of hog 3185 Compensation to Clyde E. Sinyard for damage to automobile 2690 Compensation to James Taylor and Lamar Shiflett for injuries 3179 Compensation to Howard R. Watts for damage to automobile 2692 Compensation to C. B. Wilson for injuries 2687 Compensation to Judge J. R. Wimberly for damage to automobile 2705 MISCELLANEOUS RESOLUTIONS. Admission to Veterans Administration hospitals 458 Bar examinations, questions on legal and judicial ethics 151 Bust of Alexander H. Stephens in Capitol authorized 438 Cloudland Canyon State Park, name changed from Sitton's Gulch State Park 130 Committee to investigate small loan business 467 Committee to promote science center at University of Georgia 244 Committee to study municipal taxation 465 Constitution Hill designated 143 Conveyance of Forestry Commission lands in Baldwin County to State Department of Defense 138 Conveyance of lands in Cheehaw State Park to City of Albany confirmed 152 Conveyance of lands of Georgia State Training School for Boys to Baldwin County Hospital Authority 62 Conveyance of surplus land of Confederate Soldiers Home to Military Department 463 Conveyance to Fulton County of surplus expressway lands 459 Courses in legal and judicial ethics for law students in University System 69 Exchange of lands in Harris County with Mrs. J. B. Peavy 230 Exchange of lands with Newton County Board of Education 142 Fourth class post offices in Georgia, continuance urged 153 Frank Ammons, principal, and Tom Stanley, surety, relieved on appearance bond 2688 Georgia Commission on Education established 64 Georgia Railroad Banking Company; participation by State in stockholders' agreement 4 Georgia Waterways Commission established 67 Grant for funds by Kellogg Foundation to University System 139 Land conveyance to Sumter County 242

Page 3242

Land exchange with Sumter County 156 Lawbooks to Bacon County 3170 Lawbooks to Candler County 2515 Lawbooks to Carroll County 3187 Lawbooks to Glynn Court of Ordinary 2514 Lawbook to Glynn County 3182 Lawbooks to Towns County 2706 Lawbooks to Upson County 3191 Lawbooks to Wayne County 3187 Legislative committee to investigate financial status of Board of Regents and University System 6 Legislative committee to visit Georgia Clinic 459 Legislative council, committee to study 154 Loyalty Day designated 461 March of dimes 227 Prices of agricultural products; memorial to Congress 246 Russell, Senator Richard B., Jr.; portrait of, accepted 17 Sale of land in Harris County to Ida Cason Calloway Foundation authorized 158 State Park in Okefenokee National Wildlife Refuge 135 State tobacco specialists authorized 462 Unicoi State Park designated 130 U. S. Soil Conservation Service commended 468 Western Atlantic Railroad; facilities expansion 131

Page 3243

INDEX A ACTIONS AND DEFENSES Inactive actions, dismissal 342 ADEL Corporate limits 2766 ADMINISTRATORS. See Executors and Administrators. ADVERTISING Legal advertising, rates, official organ; Code 39-1103, 39-1105 amended 271 AGRICULTURAL PRODUCTS State Warehouse Act 412 AGRICULTURE. See Tobacco. Prices of agricultural products, memorial to Congress; a resolution 246 ALAPAHA JUDICIAL CIRCUIT Reporter's salary 102 ALBANY Albany-Dougherty County, merger of governments; proposed amendment to the Constitution 7 Land conveyance (lands in Cheehaw State Park) confirmed; a resolution 152 Merger of government with Dougherty County 2125 ALBANY, CITY COURT OF Pre-trial conferences 2402 ALCOHOLIC LIQUORS Furnishing to minors; Code 58-612 amended 283 ALCOHOLISM. See Georgian Clinic.

Page 3244

ALIENS License to practice medicine; Code 84-927 amended 179 ALLATOONA RESERVOIR BASIN Money from Federal Government for lease of lands, distribution 324 ALMA Alma-Bacon County planning commission 2520 AMERICUS Tax rate 2972 AMMONS, FRANK Relieved as principal on appearance bond 2688 ANIMALS. See Livestock . APPROPRIATIONS Franklin D. Roosevelt Warm Springs Memorial Commission 323 ART COMMISSION, STATE Establishing Act 356 ASHBURN Voters' qualifications; election procedures 2014 ASTROLOGY. See Fortune Telling . ATHENS Absentee voting 2386 City attorney 2487 Election hours 2010 Hancock Avenue closed 2192 Parking facilities 3037 Recorder 2635 ATLANTA Charter amended 2967 Charter amended 2845 Charter amended 3192 Disability pensions 2885

Page 3245

Taxation 2733 Traffic control 2890 ATTORNEYS AT LAW Appointed attorneys for defendants in capital felony charges 478 Bar examinations, applications 368 Bar examinations, questions on legal and judicial ethics; a resolution 151 Exempt from jury duty; Code 59-112 amended 328 AUGUSTA Corporate limits extended 2476 , 2610 Election clerks and managers 2649 Vacancies on city council 2480 AUGUSTA, MUNICIPAL COURT OF Attachments 2823 AUSTELL Gas distribution system authorized 2168 AUTHORITIES Georgia Livestock Development Authority 471 Habersham County Gas Distribution Authority 2230 Habersham Water Authority 2460 Turnpike Authority Act 18 AUTOMOBILES Drivers' license, application by persons under 18 339 License plates; Code 68-214 amended 343 License tags for members of Georgia National Guard 57 Uniform Act Regulating Traffic on Highways 556 B BACON COUNTY Alma-Bacon County planning commission 2520 Lawbooks to 3170 BALDWIN COUNTY Commissioners, terms, election 2289 BALDWIN COUNTY, COUNTY COURT OF Fees 2321

Page 3246

BALDWIN COUNTY HOSPITAL AUTHORITY Land conveyance (Georgia State Training School for Boys) authorized; a resolution 62 BANKS AND BANKING Loans on collateral; Code 13-2017 amended 328 BANKS SUPERIOR COURT Terms 209 BAR EXAMINATIONS. See Attorneys at Law . BARBER, GLADSTONE Compensation for injuries 2699 BARNESVILLE Whitehall Street closing authorized 2012 BARROW SUPERIOR COURT Terms 209 BARTOW COUNTY Board of education; proposed amendment to the Constitution 540 BAXLEY, CITY COURT OF Amendments 2541 BEASLEY, J. W. Compensation for injuries 2677 BERKELY LAKE Charter 2894 BERRIEN COUNTY Tax commissioner's compensation 2653 BIBB COUNTY Building regulations; proposed amendment to the Constitution 491 Candidacy of officers and representatives 2810

Page 3247

Federal Social Security Actapplication to county employees 2071 Legislative powers; proposed amendment to the Constitution 526 Macon-Bibb County board of health; proposed amendment to the Constitution 256 Pension plan 2907 Pension system abolished 2067 Roads in subdivided areas 2850 BILLS OF EXCEPTION Joint bills 440 Time of tender; Code 6-902, 6-903, 87-304, 87-405 amended 279 Service; Code 6-911 amended 440 BIRD, G. W., JR. Compensation for damage to automobile 3175 BLAKELY Corporate limits 2282 BLIND CHILDREN. See Education . BLIND PERSONS. See Business License Taxes . BLUE RIDGE JUDICIAL CIRCUIT Judge's salary 330 BOARD OF PARDONS AND PAROLES Records, documents, etc.; hearings 210 BOARD OF REGENTS. See University System . BOARD OF VOCATIONAL EDUCATION Amendments 401 BOARDS OF EDUCATION Compensation in counties of 4,520 to 4,820; Code 32-904 amended 60 County education taxes; proposed amendment to the Constitution 252 Eminent domain 174 Reorganization of school systems 282 Selection of members by grand jury in certain counties 334

Page 3248

BOATWRIGHT, L. W. Compensation for injuries 2704 BONDS. See Real Estate Brokers and Salesmen; Validation . Bonds of custodial officers of prisons and work camps 407 Frank Ammons, principal, and Tom Stanley, surety, relieved on appearance bond; a resolution 2688 BOOTH, SANKEY Compensation for services 2693 BRANDS AND MARKS, CATTLE. See Cattle Brands and Marks . BRANTLEY COUNTY Tax for promotion of industry and agriculture; proposed amendment to the Constitution 217 BRIEF OF EVIDENCE Code 70-301, 70-305, 24-3347, 6-801, 6-802, 6-803 440 BRINSON Corporate limits 2550 BROKERS. See Real Estate Brokers and Salesmen . BRUCE, J. B. Compensation for loss of cow 2681 BRUNSWICK Commissioner's actions confirmed, street closings, land conveyances, mayor's election 2394 BRUNSWICK JUDICIAL CIRCUIT Reporter's compensation 2804 BUENA VISTA Tax assessments 2227 BULLOCH COUNTY Board of education; proposed amendment to the Constitution 534

Page 3249

BUREAU OF INVESTIGATION Compensation for service-connected injuries 392 BURKE COUNTY Pension system created 2049 BUSINESS LICENSE TAXES Disabled persons exempt 431 BUSTS. See Portraits, Busts, etc. C CAIRO Councilmen, election and terms 2536 Water, gas and electric commissioners 2786 CAIRO, CITY COURT OF Compensation of solicitor, clerk; sheriff 2554 CAMDEN SUPERIOR COURT Terms 198 CAMILLA Water, light and gas commission 2875 CAMPBELL, MRS. G. B. Compensation for injuries 3174 CANDLER COUNTY Lawbooks to 2515 CAPITOL SQUARE Designated, etc. 164 CARROLL COUNTY Lawbooks to 3187 CARROLLTON Election of recorder 2323

Page 3250

CARSONVILLE Charter 2096 CATTLE BRANDS AND MARKS Recording; Code Ch. 62-1 amended 175 CAVE SPRING Charter amended 2629 CEREBRAL PALSY. See Education . CHARTERS. See Corporations . CHATHAM COUNTY Conveyance of lands on McQueens Island to 118 School tax; proposed amendment to the Constitution 236 CHATTAHOOCHEE JUDICIAL CIRCUIT Solicitor-general's compensation 2977 CHATTOOGA COUNTY Candidacy of Representatives to General Assembly 91 CHATTOOGA COUNTY, CITY COURT OF Juries, compensation 2117 CHEEHAW STATE PARK Conveyance of lands in, to City of Albany confirmed; a resolution 152 CHEROKEE COUNTY Commissioner's compensation 2534 Compensation of officers and employees 2668 School system; proposed amendment to the Constitution 231 CHILDREN. See Minors; Refrigerators . Molestation; offense defined, punishment 408 CHILDREN, HANDICAPPED. See Education . CITY COURTS. See Names of courts, and table, p. 3233 . City court merit and retirement system 305

Page 3251

CIVIL COURTS. See Names of courts, and table p. 3234 CIVIL DEFENSE Act amended (Disaster Coordinator) 171 CLAIRVOYANCE. See Fortune Telling . CLARKESVILLE Charter 2745 CLAXTON, CITY COURT OF Judge's salary 2279 CLAYTON COUNTY Board of education; proposed amendment to the Constitution 506 Commissioner; compensation, clerks 2078 Superior court clerk, sheriff, other county officers, deputies and clerkscompensation 2080 Tax commissioner's compensation 2076 Waterworks and sewerage bonds; proposed amendment to the Constitution 227 CLAYTON COUNTY, CITY COURT OF Judge's and solicitor's compensation 2083 CLOUDLAND CANYON STATE PARK Name changed from Sitton's Gulch State Park; a resolution 130 COBB COUNTY Commissioner and advisory board, zoning 3026 Commissioner's contracts 2888 Planning commission; zoning 3016 Public roads, control and use of 2164 COCHRAN, M. E. Compensation for damage to livestock 3190 CODE SECTIONS. See table, p. 3230 COFFEE COUNTY Compensation of clerical assistant for ordinary 2383 School system; proposed amendment to the Constitution 250

Page 3252

COLUMBUS Eighth Avenue closed 2245 Land conveyance confirmed 2253 COLUMBUS, CITY COURT OF Solicitor's salary 2315 COLUMBUS, MUNICIPAL COURT OF Compensation of marshal and deputies 2561 COMMISSION, GEORGIA WATERWAYS Established; a resolution 67 COMMISSION ON EDUCATION, GEORGIA Established; a resolution 64 CONDEMNATION. See Eminent Domain . CONFEDERATE SOLDIERS HOME Conveyance of surplus land to Military Department; a resolution 463 CONSTITUTION HILL Designated; a resolution 143 CONSTITUTION, PROPOSED AMENDMENTS TO. See table, p. 3230. CONTINUANCES. See Witnesses . CONVICTS. See Prisoners . Information by superior court clerk to Department of Corrections 188 COOPERATIVES. See Electric Membership Cooperatives . CORDELE Corporate limits extended 2407 CORPORATIONS. See Trust Companies . Charters, fees of Secretary of State for filing 59 Power of private corporations to make donations 121 Railroad corporations, dissolution 213

Page 3253

COUNTY BOARDS OF EDUCATION. See Boards of Education . COUNTY TREASURERS Compensation; Code 23-1013 amended 176 COVINGTON Utilities, easements 2156 COWETA COUNTY Representatives in General Assembly, candidacy 487 COWETA JUDICIAL CIRCUIT Judge's salary 92 COX, I. P. Compensation for damage to automobile 3189 CRABS. See Shellfish . CRIMINAL COURTS. See Names of courts, and table, p. 3234. D DADE COUNTY Tax commissioner's compensation 2484 DALTON Ad valorem tax 2160 School tax 2162 DEAF CHILDREN. See Education . DECATUR Tax rate 2578 Parking lots authorized 2182 DECATUR COUNTY Commissioner's financial statement 2405 DEEDS. See Recording . DEEDS TO SECURE DEBT Reversion of title; Code 67-1308 amended 313

Page 3254

DEFAULTS Code 110-401 amended 440 DeKALB COUNTY Education tax; proposed amendment to the Constitution 536 Pension system 3198 Retirement system repealed; new system provided 2659 DeKALB COUNTY, CIVIL COURT OF Judge's salary 2154 DEPARTMENT OF DEFENSE Lands of Forestry Commission in Baldwin County, conveyance to State Department of Defense; a resolution 138 DEPOSITORIES State depositories, bond and security; Code 110-108 amended 483 DISABLED PERSONS. See Business License Taxes . DIVORCE Costs in counties of 115,000 to 135,000 61 DONALSONVILLE Street closings 2513 DOUGHERTY COUNTY Albany-Dougherty County; merger of governments; proposed amendment to the Constitution 7 Merger of government with Albany 2125 Tax receiver's compensation 2384 E EASEMENTS. See Private Ways . EAST POINT Charter amended 3158 Corporate limits extended 2672 Corporate limits extended 3014 Retirement system amended 2552

Page 3255

EASTERN JUDICIAL CIRCUIT Additional judge 277 EDUCATION. See Board of Vocational Education; University System County education taxes; proposed amendment to the Constitution 252 Georgia Commission on Education established; a resolution 64 Grants for education; proposed amendment to the Constitution 241 Minimum Foundation Act amended (calculation of local financial ability) 206 Out-of-State education of handicapped children 393 Special schools or courses for deaf children, for children with defective speech or handicapped because of cerebral palsy in counties of 300,000 and more 474 EDUCATION, BOARDS OF. See Boards of Education . ELBERT COUNTY Commissioner's compensation 2319 School system 3021 School system; proposed amendment to the Constitution 496 Sheriff's compensation 2252 ELBERTON Charter amended 2582 Charter amended 2987 ELECTIONS Absentee voting by members of military forces; amendments 335 Candidacy in cities of 300,000 and more; Code 34-1904 amended 481 When count of votes to begin; Code 34-1303 amended 274 ELECTRIC MEMBERSHIP Cooperative Bylaws, encumbrances of property; Code 34A-128 amended 359 ELLENTON Taxation, licenses 2292 EMINENT DOMAIN County boards of education, proceedings to condemn 174

Page 3256

EMPLOYEES AND OFFICERS, STATE Sedition and Subversive Activities Act amended 73 EMPLOYEES' RETIREMENT SYSTEM. See Retirement. ESCAPES Escape or attempt to escape after lawful arrest; Code Ch. 26-45 amended 187 EVANS COUNTY Commissioners' compensation 2502 EVERETT, C. L. Compensation for injuries 3183 EVIDENCE Communications with insane person or one since deceased; Code 38-1603 amended 319 Depositions, procedure; Code 38-2403 amended 288 Interrogatories, who may be examined on; Code 38-2101 amended 288 EXAMINING BOARDS State Board of Examiners of Psychologists, per diem 184 EXCEPTIONS PENDENTE LITE Code 6-1305 repealed 440 Exceptions to antecedent ruling, judgment, etc.; Code 6-905 amended 440 Time of filing; Code 6-905 amended 279 EXECUTORS AND ADMINISTRATORS Investments; Code 113-1518 amended 178 F FAIR TRADE ACT 549 FEDERAL SOCIAL SECURITY ACT. See Social Security Act. FELONIES Penalty on conviction of second or subsequent offenses; Code 27-2511 amended 289

Page 3257

FENNELL, MRS. HILDA Compensation for damage to automobile 3172 FINES AND FORFEITURES. See Traffic . FIREMEN Taxation for firemen's pensions; proposed amendment to the Constitution 532 FISH. See Shellfish . Illegal devices and methods of killing, etc.; Code 45-507 amended 181 FISHING Hunting, fishing or trapping without license; offense defined, punishment 166 Hunting or fishing without license, jurisdiction of court of ordinary in counties of 14,450 to 14,650 208 Nonresident fishing licenses and permits; Code 45-222 amended 173 Rough fish, taking by baskets 85 FITZGERALD Eminent domain, fire protection 2109 FLOOD CONTROL Georgia Waterways Commission established; a resolution 67 FLOYD COUNTY, CITY COURT OF Judge's salary 2035 FOREST PARK Mayor or city manager; referendum 2855 Wards; councilmen 3029 FOREST RESEARCH COUNCIL Creating Act 45 FORESTRY Georgia Forest Research Council, creating Act 45 Regional forest fire protection compact 49

Page 3258

FORESTRY COMMISSION Lands in Baldwin County, conveyance to State Department of Defense; a resolution 138 FORSYTH COUNTY Indebtedness for buildings 2674 Zoning regulations, administration 2375 FORT VALLEY Charter amended 2817 FORTUNE TELLING County control of fortune telling, phrenology, astrology, clairvoyance, palmistry, etc. 311 FRANKLIN COUNTY Treasurer's salary 2286 FRANKLIN D. ROOSEVELT WARM SPRINGS MEMORIAL COMMISSION Appropriation 323 FRYE, CLYDE Compensation for injuries to child 2680 FULTON COUNTY Board of education, funds 2718 Civil service board; amendments 2716 Civil service system amended 2775 Conveyance to of surplus expressway lands 459 Roadwork in certain incorporated areas; proposed amendment to the Constitution 144 School debt; proposed amendment to the Constitution 149 School taxes, homestead exemption; proposed amendment to the Constitution 147 Taxation 2733 FULTON COUNTY, CIVIL COURT OF Compensation of clerks and marshals 2710 FULTON COUNTY, CRIMINAL COURT OF Retirement system amended 2795

Page 3259

FULTON COUNTY, SUPERIOR COURT OF Chief deputy clerk, salary 2177 G GAINESVILLE Compensation of mayor and commissioners 2370 GALLEMORE, MRS. W. J. Compensation for damage to automobile 2705 GENERAL ASSEMBLY Chattooga County Representatives, candidacy 91 Committee to investigate financial status of Board of Regents and University System; a resolution 6 Committee to visit Georgian Clinic; a resolution 459 Counties having two representatives to House, candidacy in 269 Legislative council, committee to study 154 Representatives from Hall County, candidacy 122 Representative from Coweta County, candidacy 487 Time and duration of Sessions; proposed amendment to the Constitution 512 GEORGIA BUREAU OF INVESTIGATION. See Bureau of Investigation . GEORGIA RAILROAD AND BANKING COMPANY Participation by State in stockholders' agreement; a resolution 4 GEORGIAN CLINIC Legislative committee to visit; a resolution 459 GILMER COUNTY Board of education; proposed amendment to the Constitution 544 GILMER SUPERIOR COURT Terms 201 GLENNVILLE Mayor and council; tax assessors 3149

Page 3260

GLYNN COUNTY Lawbooks to 3182 Lawbooks to Glynn Court of Ordinary 2514 Ordinary's retirement 2496 GREENE COUNTY Commissioner 2455 Tax commissioner 2506 GRIFFIN County board of education; candidates, elections 2007 Retirement system amended 2656 GROUP LIFE INSURANCE. See Insurance . GWINNETT COUNTY Water, sanitation, sewerage and fire protection authority; proposed amendment to the Constitution 247 GWINNETT SUPERIOR COURT Terms 209 H HABERSHAM COUNTY Gas distribution authority established 2230 HABERSHAM WATER AUTHORITY Created 2460 HALL COUNTY Commissioners, recall 2719 Representatives in General Assembly, candidacy 122 HAMILTON, THOMAS E. Compensation for injuries to automobile 2678 HANDICAPPED CHILDREN. See Education . HAPEVILLE Charter amended; pension system 3004

Page 3261

HARALSON COUNTY Board of education; proposed amendment to the Constitution 191 HARES Rabbits and hares, hnting and sale 3 HARRIS, O. L. Compensation for damage to automobile 2700 HARRIS COUNTY Commissioners 2567 HARRISON, N. ALDO Compensation for damage to automobile 2698 HAZLEHURST Charter 2925 HENRY COUNTY Treasurer's statement of receipts 2793 Zoning and planning commission 2780 HICKS, MRS. J. H. Compensation for death of her father 3177 HIGHWAY DEPARTMENT Powers and duties; Code 95-1504 amended 127 HIGHWAYS Conveyance to Fulton County of surplus expressway lands 459 Route markers, direction signs, etc 367 Turnpike Authority Act 18 Welcome stations at highway entrances into State, authorizing Act 185 HILL, HENRY C. Compensation for injuries 2683 HITT, CORPORAL CRAWFORD LEE Compensation for injuries 2697

Page 3262

HOME RULE Municipal home rule; proposed amendment to the Constitution 504 HOSPITALS. See Veterans . Liens for care of injured persons 105 State Medical College Hospital, Act amended 117 HUNTING Hunting, fishing or trapping without license; offense defined, punishment 166 Hunting or fishing without license, jurisdiction of court of ordinary in counties of 14,450 to 14,650 208 Hunting while intoxicated 327 Rabbits and hares, hunting and sale 3 I ICE BOXES. See Refrigerators . IDA CASON CALLOWAY FOUNDATION Sale of land in Harris County to, confirmed; a resolution 158 INCOME TAX Deduction for child care expenses; Code 92-3109 amended 291 Deduction of net operating loss; Code 92-3109 amended 316 Deductions; Code 92-3109 amended 372 Personal exemptions; Code 92-3106 (c) amended 197 INSANE PERSONS. See Evidence; Milledgeville State Hospital . Restoration of sanity, proceedings to establish 353 INSURANCE Group life insurance; limit on term insurance 205 Intangible Property Tax Act 379 INTERROGATORIES Who may be examined on; Code 38-2101 amended 288 INTERSTATE COMPACTS Regional forest fire protection compact 49

Page 3263

INVESTMENTS. See Executors and Administrators . IRWIN COUNTY Commissioner's compensation 2261 J JACKSON SUPERIOR COURT Terms 209 JASPER Charter 3120 JOHNSON, JARVIS Compensation for damage to automobile 3169 JONESBORO Corporate limits 2029 JUDGMENTS Final (to authorize bill of exceptions); Code 6-701 amended 440 Judgment notwithstanding the verdict 440 JURIES AND JURORS Attorneys at law exempt from jury duty; Code 59-112 amended 328 Jurors in justice courts, compensation; Code 6-407 amended 312 Women as jurors; Code 59-106, 59-112, 59-201 amended 284 JUSTICE COURTS Jurors, compensation; Code 6-407 amended 312 JUVENILE COURTS Act of 1951 amended; jurisdiction, sentences, Code 77-602 repealed 87 K KELLOGG FOUNDATION Grant of funds to University System; a resolution 139

Page 3264

KENNESAW Officers and employees, policemen 2827 KIDNAPPING Offense defined; Code 26-1601 amended 99 KINGSLAND Alley closing, land conveyance 2297 L LABOR UNIONS Policemen forbidden membership in 624 LAKE TARA Charter repealed 2064 LAMAR COUNTY Commissioners of roads and revenues, districts, elections 2188 LAMAR SUPERIOR COURT Clerk's compensation 2500 LAND CONVEYANCES Exchange of lands in Harris County with Mrs. J. B. Peavy; a resolution 230 Exchange of lands with Newton County Board of education; a resolution 142 Forestry Commission lands in Baldwin County, transfer to State Department of Defense; a resolution 138 Fulton County, surplus expressway lands 459 Georgia State Training School for Boys, conveyance of lands to Baldwin County Hospital Authority; a resolution 62 Lands in Cheehaw State Park, conveyance to City of Albany confirmed; a resolution 152 McQueens Island, conveyance of land on to Chatham County 118 Sale of land in Harris County to Ida Cason Calloway Foundation authorized; a resolution 158 Sumter County, conveyance to authorized; a resolution 242 Sumter County, exchange of lands with; a resolution 156 Surplus land of Confederate Soldiers Home, conveyance to Military Department; a resolution 463

Page 3265

LAURENS COUNTY Board of education; proposed amendment to the Constitution 239 LEGAL ADVERTISING. See Advertising . LEGISLATIVE COUNCIL. See General Assembly . LICENSES. See Automobiles; Business License Taxes; Fishing; Fortune Telling; Hunting; Medicine; Minors; Motor Vehicles; Real Estate Brokers and Salesmen; Trapping . LIENS. See Hospitals . Mechanics' lien on personalty; Code 67-2003 amended 275 Tax liens; Code 92-5707, 92-5708 amended 168 LIFE INSURANCE. See Insurance . LINCOLN COUNTY Board of education; proposed amendment to the Constitution 219 Tax commissioner 2604 LIQUORS. See Alcoholic Liquors . LIVESTOCK Georgia Livestock Development Authority 471 Livestock running at large; 1953 Act amended 395 LOAN BUSINESS. See Small Loan Business . LOGANVILLE Charter amended; voters, registration 2003 LOYALTY DAY Resolution designating 461 LUNDY, MRS. LIZZIE Compensation for death of son 2682

Page 3266

M McKINNEY, E. S. Compensation for damage to automobile 3173 McQUEENS ISLAND Conveyance of land on, to Chatham County 118 MACON Alley widening 2773 Board of water commissioners, qualifications 2194 Charter amended 2983 Corporate limits extended 2388 Macon-Bibb County board of health; proposed amendment to the Constitution 256 Pension system repealed, new system established 2120 Recorder's court 3152 Water commissioners, pension plan 2831 MACON, CITY COURT OF Judge pro tem 2516 MARCH OF DIMES Resolution approving 227 MARIETTA Marietta Parking Authority created; other amendments to charter 2267 MARION COUNTY Treasurer's salary 2180 MARION SUPERIOR COURT Terms 104 MARSHALLVILLE Name changed to City of Marshallville; water and light commission 2248 MASSEY, MRS. FRANCES Compensation for damage to automobile 3180 MECHANICS' LIENS. See Liens .

Page 3267

MEDICAL COLLEGE. See State Medical College . MEDICINE Aliens, license to practice; Code 84-927 amended 179 MILLEDGEVILLE STATE HOSPITAL Examinations to determine eligibility for discharge of patients 308 Restoration of sanity, proceedings to establish 353 Trial as to lunacy to patient; Code 35-236, 35-237 amended 321 MILLER COUNTY, CITY COURT OF Abolished 2814 MINIMUM FOUNDATION ACT. See Education . MINORS Contribution to delinquency of 321 Drivers' license, application of persons under 18 339 Furnishing liquor to; Code 58-612 amended 283 Molestation of children; offense defined, punishment 408 MOLESTATION OF CHILDREN. See Children . MONROE Charter amendments 2489 Corporate limits extended 2632 MORELAND, TROOPER JOHN E. Compensation for injuries 2695 MOSES, J. M. Compensation for injuries 2701 MOTOR TRUCKS Permits 343 MOTOR VEHICLES Drivers' license, application by persons under 18 339 License plates; Code 68-214 amended 343 License tags for members of Georgia National Guard 57 Operating fees; Code 92-2902 amended 371

Page 3268

Uniform Act Regulating Traffic on Highways 556 MOTT, W. H. Compensation for damage to automobile 2689 MOUNT ZION Utility systems 3034 MUNICIPAL CORPORATIONS Damage actions, demand; Code 69-308 amended 338 Home rule; proposed amendment to the Constitution 504 Taxation, committee to study; a resolution 465 MUNICIPAL COURTS. See Name of court, and table, p. 3234. MUSCOGEE COUNTY Board of education, appointments 2373 Street and sidewalk improvements; proposed amendment to the Constitution 515 MUTE CHILDREN. See Education. N NAHUNTA Charter amended 2299 Tax for promotion of industries; proposed amendment to the Constitution 189 NATIONAL GUARD, GEORGIA Motor vehicle license tags for members of 57 NEW TRIAL Joint motions 440 NEWNAN Corporate limits 2040 Land conveyance 2559 NEWTON COUNTY Board of Education, exchange by State of lands, with; a resolution 142

Page 3269

NOTARIES PUBLIC Qualifications; Code 71-102 amended 330 O OCONEEE JUDICIAL CIRCUIT Reporter's compensation 2352 OFFICERS AND EMPLOYEES, STATE Sedition and Subversive Activities Act amended 73 OGLESBY, REV. GRAHAM Compensation for damage to automobile 2686 OGLETHORPE, CITY COURT OF Judge's salary 2498 Procedure and practice 2998 OKEFENOKEE NATIONAL WILDLIFE REFUGE State Park in; a resolution 135 O'KELLEY, MRS. LILLIAN DOBBS Compensation for damage to automobile 2703 ORDINARIES Retirement system 362 Who to serve when ordinary disqualified; Code 24-1710 amended 182 ORDINARY, COURTS OF. See Fishing; Hunting; Traffic. OXFORD Mayor, councilmen, elections 2037 OYSTERS. See Shellfish. P PALMER, LOUIS Compensation for damage to automobile 2691 PALMISTRY. See Fortune Telling.

Page 3270

PARDON AND PAROLE BOARD. See Board of Pardons and Paroles. PARKS. See State Parks. PATTON, E. R. Compensation for damage to automobile 3176 PAVO Mayor and council 2086 PEACE OFFICERS Retirement system amended; benefits, and eligibility for 488 PEAVY, MRS. J. B. Exchange of lands in Harris County with; a resolution 230 PENDENTE LITE EXCEPTIONS. See Exceptions Pendente Lite. PENSIONS. See Retirement. PERT, R. A. Compensation for damage to automobile 3186 PHRENOLOGY. See Fortune Telling. PICKENS COUNTY Commissioner's compensation 2186 PIEDMONT JUDICIAL CIRCUIT Terms of courts 209 PLEADINGS Amendment on order, right to object not waived by; Code 81-1001 amended 82 Counts; Code 81-103 amended 440 POLICEMEN Membership in labor unions forbidden 624

Page 3271

POLK, J. B. Compensation for damage to automobile 3180 POLK COUNTY, CITY COURT OF Judge's salary and qualifications 2256 Pleading and practice 2288 PORTRAITS, BUSTS, ETC. Bust of Alexander H. Stephens in Capitol authorized; a resolution 438 Russell, Senator Richard B., Jr.; portrait of accepted; a resolution 17 POST OFFICES Fourth class post offices in State; a resolution 153 POWDER SPRINGS Charter amended 2637 PRACTICE AND PROCEDURE RULES FOR APPEAL OR REVIEW Amendments 440 Rule 6 amended; service of process 440 Rule 6 amended, time of tender of bill of exceptions 279 Rule 8 amended, time of filing of bill of exceptions 279 Rule 10 amended, time of tender of exceptions pendente lite 279 Rule 18; (Code 110-401 amended) 440 Rule 23; (Code 110-401 amended) 440 Rule 26 amended, time of filing exception to judgment in bond validation proceedings 279 Rule 27 amended, time of filing exception to judgment in bond validation proceedings 279 PRAWN. See Shellfish. PRICES. See Fair Trade Act. PRISONERS. See Convicts. Assignment to camps and other places of detention; Code 77-391 amended 100

Page 3272

Escape or attempt to escape after lawful arrest; Code Ch. 26-45 amended 187 PRIVATE WAYS Width of private ways and tramroads; Code 83-102, 83-302 amended 98 PSYCHOLOGISTS State Board of Examiners, per diem 184 PUTNAM SUPERIOR COURT Terms 216 Q QUITMAN COUNTY Commissioners 2607 R RABBITS Rabbits and hares, hunting and sale 3 RABUN COUNTY Tax commissioner, election, compensation 2308 Tax for promotion of industries; proposed amendment to the Constitution 222 RAILROADS. See Corporations, and name of railroad. REAL ESTATE BROKERS AND SALESMEN License and bond; Code 84-1409 amended 203 License in counties having city of more than 17,500; Code 84-1401 amended 166 RECORDING Instruments affecting real or personal property; records in counties of 20,500 to 20,900; Code 24-2715 amended 325 Instruments conveying real or personal property; records in counties of 18,600 to 18,900; Code 24-2715 amended 195 REFRIGERATORS Abandoned ice boxes, refrigerators, etc., leaving accessible to children 273

Page 3273

REGENTS, BOARD OF. See University System. REGIONAL FOREST FIRE PROTECTION COMPACT Enabling Act 49 RESEARCH COUNCIL, GEORGIA FOREST Creating Act 45 RETIREMENT. See City Courts; Firemen; Ordinaries; Peace Officers; Superior Courts; Teachers. Employees' retirement system amended 160 RICHMOND COUNTY Board of health 2599 License and regulation of businesses; proposed amendment to the Constitution 502 Pension system amended 2624 RIDGWAY, R. H., JR. Compensation for damage to automobile 2685 RINGGOLD Mayor and council; taxes 2901 RIVERS Georgia Waterways Commission established; a resolution 67 ROBERSON, E. E. Compensation for loss of hog 3185 ROBERTA Salaries of mayor and councilmen 2294 ROCKDALE COUNTY Commissioner's compensation 2784 ROME Corporate limits extended 2724 Corporate limits extended 2871 Retirement system amended 2361 Retirement system amended 2093 Retirement system amended 2356

Page 3274

School fund 2339 Tax assessors, surveys, experts 2346 ROME JUDICIAL CIRCUIT Judge's salary 2033 ROSSVILLE Tax assessor's compensation 2538 ROUGH FISH. See Fishing. RULES OF PRACTICE AND PROCEDURE FOR APPEAL OR REVIEW. See Practice and Procedure Rules for Appeal and Review. RUSSELL, SENATOR RICHARD B., JR. Portrait, acceptance; a resolution 17 S SALARIES. See names of cities, counties, etc. Deputy sheriffs, deputy clerks, etc., in certain counties (Act of 1950) amended 2547 Manner of payment in certain counties; Act of 1924 amended 2312 SALES TAX Credit for taxes paid in another State 369 Tangible personal property imported (Sec. 11 amended) 379 SAVANNAH Charter amended (council-manager form of government) 2019 Pension system 2799 Street closing 2829 SAVANNAH, MUNICIPAL COURT OF Associate Judge's salary 2531 SCHOOLS. See Boards of Education; University System. Consolidation in counties of 9,150 to 9,210 307 Sick leave for teachers 43 SECRETARY OF STATE Fees for filing corporation charters 59

Page 3275

SEDITION AND SUBVERSIVE ACTIVITIES ACT Amendments 73 SERVICE Service of process; Code 81-202 amended 440 SHELLFISH Shrimp, prawn, crabs and cysters; occupation tax; reports; Code 45-812, 45-818 amended; 45-819 repealed 374 SHIFLETT, LAMAR Compensation for injuries 3179 SHRIMP. See Shellfish. SINYARD, CLYDE E. Compensation for damage to automobile 2690 SITTON'S GULCH STATE PARK Name changed to Cloudland Canyon State Park; a resolution 130 SLUMS Slum clearance projects; proposed amendment to the Constitution 538 SMALL LOAN BUSINESS Committee to investigate; a resolution 467 SMYRNA Recorder's court 2365 Wards 2735 SOCIAL CIRCLE Schools 2259 SOCIAL SECURITY ACT Coverage of employees of political subdivisions of State 294 Federal Social Security Act, applicability to DeKalb County employees 2659

Page 3276

SOIL CONSERVATION SERVICE Activities commended; a resolution 468 SPALDING COUNTY Board of education; candidates; elections 2007 SPRING PLACE Street closing 2504 ST. MARY'S Street closings 2665 STANLEY, TOM Relieved as surety on appearance bond 2688 STATE ART COMMISSION Establishing Act 356 STATE BOARD OF PARDONS AND PAROLES. See Board of Pardons and Paroles . STATE BOARD OF VOCATIONAL EDUCATION. See Board of Vocational Education . STATE DEPOSITORIES. See Depositories. STATE HIGHWAY DEPARTMENT Powers and duties; Code 95-1504 amended 127 STATE MEDICAL COLLEGE Hospital, Act amended 117 STATE PARKS Cheehaw; conveyance of lands in, to City of Albany confirmed; a resolution 152 Okefenokee National Wildlife Refuge, State Park in; a resolution 135 Sitton's Gulch State Park, name changed to Cloudland Canyon State Park; a resolution 130 Unicoi State Park designated; a resolution 130 STATE PATROL Compensation for service-connected injuries 392

Page 3277

STATE WAREHOUSE ACT 412 STEPHENS, ALEXANDER H. Bust in Capitol authorized; a resolution 438 STEWART COUNTY Board of education; proposed amendment to the Constitution 546 School system; proposed amendment to the Constitution 224 SUBPOENAS. See Witnesses. Dockets in superior courts; Code 24-2714 amended 304 SUBVERSIVE ACTIVITIES ACT Amendments 73 SUMTER COUNTY Land conveyance to, authorized; a resolution 242 Land exchange with; a resolution 156 SUPERIOR COURTS. See Names of courts, and table, p. 3233. Clerks' retirement system; amendments 332 Judge emeritus, Acts amended 108 Subpoena dockets; Code 24-2714 amended 304 Superior court reporter emeritus system amended 355 T TALBOT SUPERIOR COURT Terms 44 TAXATION. See Income Taxes; Liens; Municipal Corporations. County education taxes; proposed amendment to the Constitution 252 County tax returns; Code 92-6201 amended (population exception) 270 Exemptions; proposed amendment to the Constitution (Art. VII, Sec. I, Par. IV) 70 Firemen's pensions, taxation for; proposed amendment to the Constitution 532 Intangible Property Tax Act 379 Shrimp, prawn, crabs and oysters; Code 45-812, 45-818 amended 374

Page 3278

TAYLOR, JAMES Compensation for injuries 3179 TAZEWELL Charter 2325 TEACHERS Retirement system, allowances 114 Retirement system amended, local retirement system 341 Retirement system amended; prior service certificates 390 Retirement system amended; teacher defined 470 Retirement system; retirement age in counties of 62,800 to 63,000 177 Retirement system amended; prior service credits 394 Sick leave 43 TEMPLE Tax rate 2848 THOMAS COUNTY School system; proposed amendment to the Constitution 517 THOMASVILLE Water and light department 2544 THOMSON Charter amended 2584 TOBACCO State tobacco specialists authorized; a resolution 462 TOURIST COURTS License and regulation 475 TOWNS COUNTY Lawbooks to 2706 TRAFFIC Court of ordinary, superior court clerk to attend in counties of 7,100 to 7,320 83 Fines in court of ordinary, disposition of 207 Uniform Act Regulating Traffic on Highways 556

Page 3279

TRAINING SCHOOL FOR BOYS Conveyance of lands to Baldwin County Hospital Authority; a resolution 62 TRAMROADS Width of private ways and tramroads; Code 83-102, 83-302 amended 98 TRAPPING Hunting, fishing or trapping without license; offense defined, punishment 166 TRIALS Judgment without jury; Code 110-406 amended 440 TROUP COUNTY Pension system amended 2564 TUBERCULOSIS Persons with contagious tuberculosis, State Board of Health rules and regulations 348 TRUCKS. See Motor Trucks. TRUST COMPANIES Capital stock; Code 109-105 amended 276 TURNER COUNTY Commissioner's compensation 2380 TURNPIKE AUTHORITY ACT 18 TWIGGS Commissioner 2570 TWIGGS SUPERIOR COURT Terms 309 U UNICOI STATE PARK Designated; a resolution 130

Page 3280

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS.. 556 UNIVERSITY SYSTEM Committee to promote science center at University of Georgia; a resolution 244 Grant of funds from Kellog Foundation; a resolution 139 Law students, courses in legal and judicial ethics; a resolution 69 Legislative committee to investigate financial status of State Board of Regents and University System; a resolution 6 UPSON COUNTY Lawbooks to 3191 U. S. CONSERVATIVE SERVICE Activities commended; a resolution 468 V VALDOSTA, CITY COURT OF Pleading, procedure and practice 2263 VALIDATION Exception to judgment, time of filling; Code 87-304, 87-405 amended 279 VETERANS. See Business License Taxes . Admission to Veterans Administration hospitals; a resolution 458 VIDALIA Tax assessors; election; duties 2091 VOCATIONAL EDUCATION BOARD. See Board of Vocational Education . VOTING. See Elections . W WARDENS Bonds of wardens and other custodial officers of prisons and work camps 407

Page 3281

WARE COUNTY Waycross and Ware County development authority; proposed amendment to the Constitution 266 WAREHOUSE ACT 412 WASHINGTON Mayor and council, election 2089 WATERWAYS Georgia Waterways Commission established 67 WATTS, HOWARD R. Compensation for damage to automobile 2692 WAYCROSS City manager 2045 School tax; proposed amendment to the Constitution 510 Waycross and Ware County development authority; proposed amendment to the Constitution 266 WAYCROSS, CITY COURT OF Clerk's compensation 2869 WAYNE COUNTY Lawbooks to 3187 WELCOME STATIONS. See Highways . WEST BAINBRIDGE Incorporating Act 2197 WEST POINT Corporate limits 2858 WESTERN ATLANTIC RAILROAD Facilities expansion; a resolution 131 Leases 410 WESTERN JUDICIAL CIRCUIT Reporter's salary 2317

Page 3282

WHIGHAM Charter 2413 WILKES COUNTY Commissioners 2597 WILLACOOCHEE Charter 3039 WILSON, C. B. Compensation for injuries 2687 WIMBERLY, J. R. Compensation for damage to automobile 2705 WITNESSES Female witnesses in civil cases, attendance on trial 212 Female witness; Code $ $ 38-2101, 38-2403 288 Subpoena of, Code $ amended; continuances for absence of witnesses 484 WOMEN. See Witnesses . Jury service; Code $ $ 59-106, 59-112, 59-201 amended 284 WORK CAMPS. See Wardens . WORKMEN'S COMPENSATION Employee; firemen and policemen in cities of more than 300,000; Code $ 114-101 amended 129 X, Y, Z ZONING. See names of counties .

Page 3283

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 3287

MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES, FOR THE TERMS 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

Page 3289

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

Page 3290

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

Page 3291

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, Glimer, 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 Chastain, Robt. E. Thomas Thomasville Cheatham, Frank S., Jr. Chatham Savannah 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 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 Horne, Sherrard Sumter Americus Huddleston, Grady L. Fayette Fayetteville Hughes, J. C. Dawson 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 Leesburt, 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 Sundersville 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

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1953.54 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 Borrow 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 Frank S. Cheatham, Jr. 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 Chappell 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 B. 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 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 Sherrard Horne Americus 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

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For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State or JOE N. BURTON Assistance to the Secretary of State